Patsy Oxford v. Madison County Sheriff's , 705 F. App'x 474 ( 2017 )


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  •                 United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 17-1342
    ___________________________
    Patsy Ann Oxford, Individually and as Administrator of the Estate of James R.
    Oxford, deceased; James T. Oxford,
    lllllllllllllllllllllPlaintiffs - Appellants,
    v.
    Madison County Sheriff’s Office; Sheriff Phillip Morgan, in his official capacity
    as Madison County Sheriff; Andy Mitchell, Individually and in his official
    capacity as a Deputy in the Madison County Sheriff’s Office,
    lllllllllllllllllllllDefendants - Appellees.
    ____________
    Appeal from United States District Court
    for the Western District of Arkansas - Fayetteville
    ____________
    Submitted: November 23, 2017
    Filed: December 11, 2017
    [Unpublished]
    ____________
    Before WOLLMAN, LOKEN, and COLLOTON, Circuit Judges.
    ____________
    PER CURIAM.
    Patsy and James T. Oxford sued Madison County, Arkansas,1 and Madison
    County Sheriff’s Deputy Andy Mitchell for allegedly not doing enough to prevent the
    death of James R. Oxford--Patsy’s husband and James T.’s father--in an automobile
    accident. We agree with the district court2 that even if the Oxfords’ allegations are
    true, they do not describe a constitutional violation that would support liability under
    
    42 U.S.C. § 1983
    . See Simes v. Ark. Judicial Discipline & Disability Comm’n, 
    734 F.3d 830
    , 834 (8th Cir. 2013) (de novo review). The police do not have an
    enforceable constitutional duty to protect anyone, including people whose affairs they
    have become involved with, unless they are in custody (or some similar “special
    relationship” with the state) or the state affirmatively put them in danger. See
    Gregory v. City of Rogers, 
    974 F.2d 1006
    , 1009-10 (8th Cir. 1992) (en banc). Neither
    circumstance was present here. As for the county, there can be no municipal liability
    on the Oxfords’ theory without an underlying constitutional violation. See McCoy
    v. City of Monticello, 
    411 F.3d 920
    , 922 (8th Cir. 2005).
    The judgment of the district court is affirmed.
    ______________________________
    1
    The Oxfords did not name the county as a defendant but sued county
    employees in their official capacities. See Baker v. Chisom, 
    501 F.3d 920
    , 925 (8th
    Cir. 2007).
    2
    The Honorable P.K. Holmes, III, Chief Judge, United States District Court for
    the Western District of Arkansas.
    -2-
    

Document Info

Docket Number: 17-1342

Citation Numbers: 705 F. App'x 474

Filed Date: 12/11/2017

Precedential Status: Non-Precedential

Modified Date: 1/13/2023