Cynthia Mingo v. City of Mobile, Alabama , 592 F. App'x 793 ( 2014 )

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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
_________________________
No. 13-15828
_________________________
D.C. Docket No. 1:12-cv-12-00056-KD-B
CYNTHIA MINGO,
as personal representative of the estate of Daniel Mingo,
Plaintiff-Appellant,
versus
CITY OF MOBILE, ALABAMA,
Defendant-Appellee.
__________________________
Appeal from the United States District Court
for the Southern District of Alabama
__________________________
(November 18, 2014)
Before ED CARNES, Chief Judge, and JORDAN and ROSENBAUM, Circuit
Judges.
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PER CURIAM:
The claims in this case arise from the restraint of Daniel Mingo following a
traffic stop, during which Mingo fled the scene. After a prolonged chase and
struggle with Mingo, police officers used a four-point restraint to control Mingo
and then placed Mingo in the back of a patrol car. Mingo suffered a cardiac
arrhythmia and later died.
Following Mingo’s death, Mingo’s mother, Cynthia Mingo, brought claims
pursuant to 42 U.S.C. § 1983 against the City of Mobile. The district court
determined that the City was entitled to summary judgment on the § 1983 claims
because Ms. Mingo offered no evidence of any policy or custom by the City that
caused Mingo’s death. On appeal, Ms. Mingo contends that the district court erred
when it granted summary judgment in favor of the City because, she asserts, an
issue of fact exists with respect to whether the City failed to train its officers in
identifying and dealing with the mentally ill and in the appropriate use of the four-
point restraint. Although Mingo’s death was tragic, we find no error in the district
court’s order granting summary judgment for the City.
I.
A.
On January 21, 2010, Officer Aaron Kelley observed a car swerving from
one side of the road to the other. The car was driven by Daniel Mingo, and his
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girlfriend, Nadia Lee, was a passenger. Upon observing Mingo’s erratic driving,
Officer Kelley activated his blue lights and pulled the vehicle over. When Officer
Kelley reached the driver’s side door, he asked why Mingo was driving recklessly,
and Mingo responded that he was on medication and was a patient at Mobile
Mental Health.
Officer Kelley instructed Mingo to get out of his vehicle and walk back to
the patrol car. When Mingo first exited his car, one of his hands was stuck
between his sweatpants and a second pair of shorts. Because of this behavior,
Officer Kelley began a pat down to determine whether Mingo had any weapons,
but Mingo began to flee, running into a residential neighborhood.
Mingo ran until he fell face down onto his hands and knees, but the fall
stopped Mingo only momentarily. He jumped back up and continued running,
taking off an outer shirt as he ran and leaving only a white muscle shirt, which he
wore underneath.
At some point during the chase, Officer Kelly observed Mingo sit down
behind a bush, where Mingo took off his pants and his shoes. Mingo then kicked
out two boards of a fence and crawled through the opening, allowing him access to
a connecting residential backyard.
Although Officer Kelley followed, he was unable to locate Mingo in the
backyard. While looking for Mingo, Officer Kelley walked around the house and
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saw Sergeant Armand Campbell and Officer Henry Bufkin pulling up to the
residence in another patrol car. Officer Kelley explained to the two other officers
that Mingo had continued to run and described the direction in which he had
headed. Officer Kelley also indicated to the other officers that he needed to return
to the scene of the initial traffic stop so that he could secure his patrol car and deal
with the passenger in Mingo’s car.
As Officer Kelley chased Mingo, Lee, who was still sitting in Mingo’s car,
called Mingo’s mother to inform her that her son had been pulled over and was
running from the police. Ms. Mingo asked to speak to the officer on the scene,
who she believed was Officer Kelley. According to Ms. Mingo, she told Officer
Kelley that her son was “very paranoid” and would be afraid of the police. She
also asked the officer to take her son to the hospital if they found him. The
conversation was brief. Ms. Mingo then called a 911 operator and told her that her
son had been stopped, that he was a patient at Mobile Mental Health, that he had
been very paranoid lately, and that she wanted to make sure that nothing happened
to him.
Back at the scene of the chase, after speaking with Officer Kelley, Sergeant
Campbell and Officer Bufkin parked their patrol car and followed the path that
Mingo took so that they could attempt to apprehend him. At a nearby residence,
the officers noticed that a flower pot had been knocked over in front of a shed
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located at the rear of the property. They also saw clothing on the ground and what
appeared to be a blood smear near the door of the shed.
In the meantime, Officer Daryl Law also responded to the area. As Officer
Law approached the home where Sergeant Campbell and Officer Bufkin were, the
resident stepped out of her home and told Officer Law that she heard something in
the shed behind her house. Officer Law approached the shed and met up with
Officer Bufkin and Sergeant Campbell.
Once at the shed, the officers announced their presence and ordered Mingo
to come out. Although the officers heard movement from inside the shed, Mingo
did not comply. Upon using a flashlight to peer inside the shed, the officers saw
Mingo hiding beneath a weight bench. Near Mingo were a rack of dumbbells, as
well as hatchets, shovels, and various other yard tools. Officer Law again directed
Mingo to come out, but Mingo did not comply. So Officers Law and Bufkin
entered the shed and pulled Mingo out from under the weight bench. Mingo began
resisting and fighting with the officers, and Officer Bufkin described the attempt to
restrain Mingo as “trying to hold a greased pig.” Although the officers were
ultimately able to put Mingo into a prone position on the floor of the shed, Mingo
refused to give the officers his hands.
After a considerable struggle, the officers were finally able to get one of
Mingo’s hands behind his back and place a handcuff on it. The officers were not
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able to secure Mingo’s other hand, despite Sergeant Campbell’s repeated
commands for Mingo to give them his hand. According to the officers, Mingo
continued to push off with his free hand and then drop down and roll on top of it.
Finally, Mingo complied and gave the officers his free hand, which the officers
handcuffed behind Mingo’s back.
Although the officers eventually were able to apply both handcuffs, Mingo
continued to struggle and roll around on the floor of the shed near the yard tools
and dumbbells. Consequently, Officer Bufkin attempted to place his leg across the
back of Mingo’s legs to keep Mingo still. Mingo, however, continued to kick and
struggle, and began banging his head on the ground multiple times. In order to
keep Mingo from injuring himself, Officer Bufkin tried to hold Mingo’s head still.
Officer Bufkin later picked Mingo up by his shoulders and arms in an attempt to
escort Mingo out of the shed, but Mingo began kicking the officer in his shins and
knees, while trying to lunge forward. Ultimately, Mingo broke free and began
running into the yard where other yard tools were present. When the officers again
attempted to escort him, Mingo kept alternatively dropping to the ground or
standing up and trying to run away.
At this point, additional officers arrived to assist in the attempts to restrain
Mingo. According to Officer Hugh Barnes, who arrived at the scene and witnessed
the other officers struggling with Mingo, Mingo was on the ground violently
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flailing, kicking, and rolling in the dirt. Because Mingo continued to kick and flail,
the officers determined that they would apply a four-point restraint to Mingo for
his own safety and for the safety of those around him. The officers obtained leg
shackles and rolled Mingo onto his stomach. Officer Barnes held Mingo by the
shoulder and another officer, Chad Anthony, attempted to hold Mingo’s legs.
Although the officers were able to place the shackles on one of Mingo’s legs,
Mingo then grabbed ahold of one of Officer Anthony’s fingers and refused to let
go. In response, Anthony struck Mingo’s arm with his fist to get Mingo to release
his grip. Mingo still would not let go.
Officer Barnes unholstered his Taser and advised that he planned on
deploying the Taser if Mingo failed to release Officer Anthony’s finger. Officer
Barnes then applied his Taser in “drive-stun” mode to Mingo’s back for one, five-
second cycle,1 resulting in Mingo’s release of Officer Anthony’s finger. The
officers then continued to apply the four-point restraint and carried Mingo to
Officer Anthony’s patrol car. At this point, one of the officers present called the
paramedics to obtain medical assistance for Mingo.
Once at the patrol car, Officer Anthony and another officer, Zack Davis,
placed Mingo in the back seat on his side facing towards the rear of the vehicle.
The officers then flipped Mingo over so that he was on his side facing the partition
1
“Drive-stun” mode means that the Taser was used like a stun gun—the Taser is pressed
directly against the skin and produces a burning sensation.
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between the front seat and back seat of the patrol car. Despite being restrained in
the back seat, Mingo continued to move around and wiggle his body, while making
noises.
Lieutenant Travis Dannelley responded to the scene after hearing that Mingo
was in custody. Upon Lieutenant Dannelley’s arrival, Mingo was already in the
back seat of the car, where he lay on his side. According to Lieutenant Dannelley,
Mingo had a fixed stare and was licking his lips, and the outside of his mouth was
white. Lieutenant Dannelly also noted that Mingo would not respond to his
questions and was “flexing” against the restraints. Lieutenant Dannelley directed
Officers Davis and Anthony to stand by the patrol car and monitor Mingo so that
he remained on his side.
Officer Davis positioned himself by the open back-seat door on the driver’s
side, monitoring Mingo while he was in the back of the patrol car. Mingo
continued to move, sometimes rolling onto his stomach. When this happened,
Officer Davis would move Mingo back onto his side, although some testimony
suggests that at some point, the officers allowed Mingo to remain on his stomach.
Officers estimate that Mingo had been in the back of the patrol car for
approximately ten to fifteen minutes when an ambulance arrived. Officer Davis
believes that Mingo lost consciousness as the ambulance arrived at the scene.
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When he realized that Mingo had lost consciousness, Officer Davis yelled
for Lieutenant Dannelley and the paramedics to come over and attend to Mingo.
Officers pulled Mingo out of the patrol car, placing him face down on the ground
so that they could release Mingo from the four-point restraint. The ambulance then
transported Mingo to the hospital. Mingo never regained consciousness, and on
January 28, 2010, he died.
B.
The State Medical Examiner, F. John Krolikowski, conducted an autopsy on
Mingo and determined that the cause of death was “excited delirium.” Dr.
Krolikowski also noted in his report that Mingo suffered from paranoid
schizophrenia and that the toxicology report indicated that cannabinoids and
midazolam were present in Mingo’s system.
Plaintiff’s expert, Dr. James Lauridson, a forensic pathologist, later
performed a second autopsy on Mingo. After performing a second autopsy and
reviewing Mingo’s medical records, Dr. Lauridson determined that Mingo suffered
cardiopulmonary arrest and irreversible ischemic brain injury. Dr. Lauridson
concluded that Mingo did not have excited delirium and that he did not die of
positional asphyxia.2 Rather, Dr. Lauridson opined that the immediate cause of
Mingo’s death was cardiomegaly and single-vessel coronary disease, with
2
“Positional asphyxia” is a form of asphyxia that occurs when an individual’s body
position prevents him or her from obtaining sufficient oxygen.
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contributory causes of death listed as “restraint” and “schizophrenia.” Although
Dr. Lauridson believed that the restraint used by police officers contributed to
Mingo’s death, he could not quantify the role that the restraint played in the death.
He also conceded that it was possible that someone in Mingo’s condition could
have died of cardiac arrhythmia during his encounter with the police even if they
had not restrained him. Despite this concession, however, Dr. Lauridson opined
that the stress of the incident with the police caused a reaction in Mingo’s body
that resulted in cardiac arrhythmia.
Plaintiff also offered the expert opinion of Ralph Long, a former police
officer with approximately twenty-five years of experience. Long did not have any
criticisms of the City’s policies and procedures on the use of four-point restraints
and the identification and treatment of the mentally ill that were in place at the time
of the incident, and Long stated that he did not believe that the policies and
procedures were unconstitutional. Similarly, Long did not offer any criticisms of
how the officers handled the initial traffic stop, chased Mingo, and detained him in
the shed. Long did not find fault with any of the actions of the officers until they
placed Mingo in the four-point restraint, which, in conflict with Plaintiff’s other
expert, Dr. Lauridson, Long, who was not a physician, opined had resulted in
positional asphyxia. Also contrary to Dr. Lauridson’s view that excited delirium
was not present, Long criticized the officers for not recognizing the signs of
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excited delirium. Long opined that if they had been trained properly, the officers
would have recognized that Mingo was exhibiting symptoms of mental illness or
excited delirium and would not have placed Mingo in the four-point restraint.
C.
Officers employed by the City of Mobile receive training on a variety of
topics both at the police academy and during their tenure as sworn police officers.
As is relevant to this matter, the City’s Deputy Chief, James Barber, testified that
basic training at the police academy addresses the handling of the mentally ill by
police officers.
Additionally, the City’s orders and policies are provided to officers online.
After an officer receives and reviews a particular policy, the officer must
acknowledge receipt of the policy by signing for it online.
Various officers involved in this matter acknowledged during their
depositions that they received training on the policies relating to use of a four-point
restraint and handling of the mentally ill and that they had been instructed on
handling the mentally ill when they attended the police academy. For instance,
Officer Davis testified that he reviewed the City’s policy on mental illness and was
taught what symptoms to look for to determine if an individual is mentally ill. He
further stated that he had attended a class called “Handling the Mentally Ill” and
that he had gone to annual in-service training on the same subject. Deputy Chief
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Barber also indicated that all officers receive in-service training on the City’s
policies.
II.
Following the death of her son, Ms. Mingo filed an action against the City of
Mobile in the Circuit Court of Mobile County, Alabama, alleging claims pursuant
to 42 U.S.C. § 1983 for excessive force, unconstitutional policy and practice, and
failure to train. Ms. Mingo also brought state-law claims against the City for
wrongful death and negligent supervision, hiring, and retention. The City removed
the action to the United States District Court for the Southern District of Alabama.
After the City moved for summary judgment, the district court granted the
motion with respect to the federal-law claims, finding that the plaintiff offered no
evidence of any policy or custom that caused Mingo’s death. The district court
declined to exercise supplemental jurisdiction over the state-law claims and
remanded them to state court. Ms. Mingo now appeals, contending that the district
court erred in granting summary judgment in favor of the City because issues of
fact remain with respect to whether the City failed to train its officers to deal with
the mentally ill and to use the four-point restraint appropriately. She does not
contend that the four-point restraint resulted in positional asphyxia, but rather, that
it caused undue stress that resulted in Mingo’s death. Ms. Mingo also claims that
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the district court erred when it denied a motion to compel the City’s internal-affairs
file relating to the death of her son. For the reasons set forth below, we affirm.
III.
We review de novo the district court’s grant of summary judgment.
Crawford v. Carroll, 529 F.3d 961, 964 (11th Cir. 2008). Summary judgment
should be entered when “there is no genuine dispute as to any material fact and the
movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). In
making this determination, we consider the record and draw all reasonable
inferences in the light most favorable to Ms. Mingo, the non-moving party. Shiver
v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008) (per curiam) (citation omitted);
Lewis v. City of West Palm Beach, 561 F.3d 1288, 1291 (11th Cir. 2009) (citing
Kingsland v. City of Miami, 382 F.3d 1220, 1225 (11th Cir. 2004)).
IV.
Section 1983 of the Civil Rights Act of 1871, 42 U.S.C. ' 1983, creates a
cause of action against any person acting Aunder color of any statute, ordinance,
regulation, custom, or usage, of any State or Territory or the District of Columbia,
[who] subjects or causes to be subjected, any citizen of the United States . . . to the
deprivation of any rights, privileges, or immunities secured by the Constitution and
laws. . . .@ To prevail on a claim for relief under ' 1983, a plaintiff must establish
that (1) he has been deprived of a right, privilege, or immunity secured by the
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Constitution, and (2) he was so deprived under the auspices of governmental
authority. See Griffin v. City of Opa Locka, 261 F.3d 1295, 1303 (11th Cir. 2001).
The Supreme Court has held that municipalities may be liable for violations
of ' 1983, but this liability is limited. Monell v. Dep=t of Social Servs., 436 U.S.
658, 690-92, 98 S. Ct. 2018, 2035-36 (1978). Municipalities may be sued for only
their own unconstitutional or illegal policies; they may not be sued for the acts of
their employees. Id. at 691, 98 S. Ct. at 2036. As a result, a claim against a city
under ' 1983 must be predicated upon an injury inflicted by a municipal policy or
custom. City of Canton v. Harris, 489 U.S. 378, 385, 109 S. Ct. 1197, 2910
(1989).
The existence of a policy or custom sufficient to impose ' 1983 liability on a
municipal government can be established in several ways. For example, official
municipal policy includes the decisions of a government's lawmakers, the acts of
its policymaking officials, and practices so persistent and widespread as to
practically have the force of law. Connick v. Thompson, __U.S.__, __, 131 S. Ct.
1350, 1359 (2011).
A plaintiff can also demonstrate official policy by showing a government
policy of inadequate training or supervision. Am. Fed’n of Labor and Congress of
Indus. Orgs. v. City of Miami, 637 F.3d 1178 (11th Cir. 2011); City of Oklahoma
City v. Tuttle, 471 U.S. 808, 105 S. Ct. 2427 (1985). “A plaintiff seeking to
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establish municipal liability on the theory that a facially lawful municipal action
has led an employee to violate a plaintiff=s rights must demonstrate that the
municipal action was taken with ‘deliberate indifference’ as to its known or
obvious consequences.” Bd. of County Comm’rs of Bryan County, Okla. v. Brown,
520 U.S. 397, 407, 117 S. Ct. 1382 (1997) (citing City of Canton, 489 U.S. at 388);
AFL-CIO, 637 F.3d at 1187 (citations omitted).
To establish that a city was “deliberately indifferent,” a plaintiff must
demonstrate that the municipality knew of the need to train in a particular area and
that it made a deliberate choice not to take any action. Gold v. City of Miami, 151
F.3d 1346, 1350 (11th Cir. 1998). Deliberate indifference can be established in
two ways: by showing a widespread pattern of similar constitutional violations by
untrained employees or by showing that the need for training was so obvious that a
municipality’s failure to train its employees would result in a constitutional
violation. Connick, 131 S. Ct. at 1360; Gold, 151 F.3d at 1350-52.
Here, Ms. Mingo’s argument rests on the second premise. She contends that
the need for training on the use of the four-point restraint and the identification of
mentally ill individuals is “so obvious” that it requires training by the City. In
support of her position, Ms. Mingo argues that the City knew of the dangers of the
use of four-point restraints, particularly to the mentally ill, as demonstrated by the
fact that it promulgated specific policies to prevent these risks. But, Ms. Mingo
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alleges, the City failed to follow its own policies, and, as a result, her son died in
the City’s custody. Ms. Mingo further asserts that she raised genuine issues of
material fact concerning this issue, so the district court should not have granted
summary judgment in favor of the City. We respectfully disagree and conclude
that the district court correctly granted summary judgment in favor of the City with
respect to the § 1983 claims.
A.
Ms. Mingo points to two directives in support of her argument that the City
has a custom or policy that shows deliberate indifference: MO-2005-88 and
General Order 70. General Order 70 is entitled “Prisoner Transportation,” and
MO-2005-88 is called “Recognizing and Handling Persons with Mental Illness.”
The stated purpose of MO-2005-88 is to “enhance officers’ ability to recognize,
understand and deal with a person with mental illness.” According to Ms. Mingo,
Section III of MO-2005-88 is particularly important to this case because it
identifies symptoms of individuals in an excited state, of which an officer should
be aware. These symptoms include bizarre behavior, shouting, and undressing in
public. MO-2005-88 further explains that individuals suffering from mental illness
or drug-induced agitated delirium, as sometimes evidenced by these behaviors,
“present an unusual high risk of sudden in-custody death.” Finally, the policy lists
guidelines to aid in preventing in-custody deaths, including transporting the subject
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in a seated position or on his side, monitoring the person closely, and using a four-
point restraint as only a last resort to officer safety.
Ms. Mingo’s expert, Long, acknowledged that the City’s policies, including
MO 2005-88 and GO #77, are constitutional. Accordingly, Ms. Mingo does not
challenge the constitutionality of the City’s policies. Nor, in this matter, is any
“widespread pattern” of similar conduct present, and Ms. Mingo does not suggest
that any such pattern exists. Rather, she asserts that liability attaches to the City
because the existence of the City’s policies demonstrate that the City recognized
the “obvious” need for training, yet it failed in sufficiently training its officers.
The Supreme Court has cautioned that the exception creating municipal
liability under § 1983 for failure to train applies in only a very narrow range of
circumstances, Brown, 520 U.S. at 398, and a municipality=s culpability Ais at its
most tenuous where a claim turns on failure to train.@ Connick, 131 S. Ct. at 1359.
Indeed, the Supreme Court has provided only a single hypothetical example in
dicta, recognizing an obvious need for training in the use of deadly force where
firearms are provided to police officers. See City of Canton, 489 U.S. at 390 n.10
(A[C]ity policymakers know to a moral certainty that their police officers will be
required to arrest fleeing felons. The city has armed its officers with firearms, in
part to allow them to accomplish this task. Thus, the need to train officers in the
constitutional limitations on the use of deadly force . . . can be said to be ‘so
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obvious,’ that failure to do so could properly be characterized as ‘deliberate
indifference’ to constitutional rights.@).
Moreover, in this case, the record contains evidence that the City did train its
officers in the use of the four-point restraint and in handling the mentally ill. In
similar circumstances, we have previously held that a city provided its officers
with constitutionally adequate training in the use of four-point restraints, so the city
was not liable under § 1983 for a failure to train its officers where its officers’ use
of a four-point restraint resulted in the death of the person restrained.
In Lewis v. City of West Palm Beach, 561 F.3d 1288 (11th Cir. 2009), we
addressed whether a city was liable for its alleged failure to train officers in the use
of hobble restraints (four-point restraints). In that case, officers encountered
Donald Lewis, a disoriented individual who appeared to be under the influence of
drugs. Id. at 1290. When Lewis refused to comply with officers’ commands, the
officers attempted to restrain him. Id. After a considerable struggle, the officers
used a hobble cord 3 to place Lewis in a four-point restraint. Id. After Lewis was
restrained, he became unconscious and, although the officers performed CPR,
Lewis was later pronounced dead. Id.
Lewis’s estate brought suit against the City of West Palm Beach under §
1983, alleging a failure to train its officers in the use and application of the
3
A hobble cord is a strap with a loop on one end and a metal hook at the other that is
used to limit movement by connecting the ankle restraint to the handcuffs.
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hobbles. Id. at 1292. As in Mingo’s case, we noted that the plaintiff’s argument
rested not on evidence of prior events but on the premise that the need for training
on the proper use of hobble restraints during the restraint process is “so obvious”
that it requires training to ensure avoiding a constitutional violation. Id. at 1293.
After consideration, we concluded that “the use of a hobble does not rise to the
level of obviousness reserved for ‘a narrow range of circumstances [where] a
violation of federal rights may be a highly predictable consequence’ of a failure to
provide adequate training.” Id. (citing Brown, 520 U.S. at 409). We
acknowledged the Supreme Court’s extreme example in City of Canton, stating,
“[H]obbles do not have the same potential flagrant risk of constitutional violations
as the use of deadly firearms. Failure to provide training on hobbles is not a
‘particular glaring omission in a training regimen.’” Id. (citation omitted). Based
on these facts, we determined that the City of West Palm Beach was unlikely to be
on notice of the need for training in this regard since the use of the four-point
restraint under the circumstances did not violate the Fourth Amendment. Id.
(citing Garrett v. Athens-Clarke Cnty., 378 F.3d 1274, 1280 (11th Cir. 2004) (per
curium)).
Although we made this observation, we ultimately held that West Palm
Beach was not liable under § 1983 because the record contained evidence showing
that West Palm Beach actually did provide adequate training on the use of the four-
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point restraint. Id. at 1293-94. In reaching this conclusion, we explained that in
resolving the issue of the City’s liability where a city has a training program, “the
focus must be on the adequacy of the training program in relation to the tasks the
particular officers must perform, and not merely on the training deficiencies for a
particular officer.” Id. at 1293 (citing City of Canton, 489 U.S. at 390) (internal
quotation marks omitted). It will not “suffice to prove that an injury or accident
could have been avoided if an officer had better or more training, sufficient to
equip him to avoid the particular injury-causing conduct.” City of Canton, 489
U.S. at 390. This is so because even adequately trained officers will sometimes
make mistakes, and the fact that they do so does not necessarily indicate that the
training program is inadequate. Id.
Like the record in Lewis, the record in this case contains evidence that the
City of Mobile provides its officers with constitutionally adequate training in the
use of the four-point restraint and the treatment of the mentally ill.4 Indeed, Ms.
Mingo does not challenge the training policies themselves. Instead, she contends
that the City does not actually train its officers in accordance with its policies on
four-point restraints and identification and treatment of the mentally ill. In
particular, Ms. Mingo asserts that Deputy Chief James Barber “acknowledged . . .
4
We do not find, or even mean to imply, that the use of a four-point restraint in these
circumstances was a constitutional violation. Instead, we simply do not address that question
because the City’s training program was constitutionally adequate, regardless.
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that no actual ‘training’ occurred in the methods [set forth in the City’s policies
and that] [t]here was no training or supervision to ensure that officers understood
the procedures or could execute them properly, if at all. In essence, the officers
were left to figure out when and how those policies and methods would apply.”
The record does not support Ms. Mingo’s contentions. Deputy Chief Barber
testified that officers are instructed on “dealing with the emotionally disturbed and
mentally ill” at the police academy, and he said that he did not know whether
officers were tested in the classes they took, although they were not tested on the
policies that they received and signed for as having read and understood. But
Officer Davis testified that he took a class called “Handling the Mentally Ill” while
at the police academy, on which he was tested. In particular, Officer Davis
described being taught about the “different symptoms . . . or how [the mentally ill]
might act.” In other words, he was taught the content of the City’s policy on the
mentally ill. Officer Davis further stated that another class on the subject is offered
annually as part of in-service training and that he has taken approximately three
classes altogether on the subject. And Officer Law testified that while he was at
the police academy, he was instructed on the use of the four-point restraint. Ms.
Mingo has pointed to no evidence that conflicts with this testimony, so we cannot
find that a material issue of fact exists regarding whether the City actually trains its
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officers in the use of the four-point restraint and the identification and treatment of
the mentally ill.
Because the City did not maintain a deliberate indifference to a potential
constitutional violation and because the City provides training on the use of a four-
point restraint and the identification of the mentally ill—training pursuant to
policies that Ms. Mingo concedes are constitutional—the City cannot be held liable
under § 1983. See Lewis, 561 F.3d at 1294 (finding no § 1983 liability where city
provided training). We therefore find that the district court did not err in granting
summary judgment in favor of the City with respect to the § 1983 failure-to-train
claims.
VI.
Embedded in Ms. Mingo’s brief is her contention that the district court erred
when it denied her motion to compel the production of City’s internal-affairs file
with respect to the incident involving Daniel Mingo. 5 We do not consider the
correctness of the district court’s ruling because Ms. Mingo requested only the
5
After reviewing Ms. Mingo’s motion to compel and the City’s response, the district
court directed the City to file a privilege log and to provide the court with all relevant documents
so that it could conduct an in camera review of the internal-affairs file. Upon completion of its
in camera review, the district court denied the motion to compel, noting that the City had already
produced a significant portion of the materials that were contained in the internal-affairs file. In
denying the motion to compel, the district court also observed that the only item listed on the
privilege log that Ms. Mingo addressed in her motion to compel was information regarding the
EMT who was present during the incident. The City, however, provided Ms. Mingo with
records from the ambulance service and, the district court noted that counsel deposed the EMT
who treated Mingo on the scene.
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Case: 13-15828 Date Filed: 11/18/2014 Page: 23 of 23
contents of the internal-affairs file relating to her son’s death. Nothing in these
files could change the conclusion that, under binding precedent, as a matter of law,
the City of Mobile provided constitutionally sufficient training for its officers in
the use of the four-point restraint and the handling of the mentally ill.
VII.
Because the facts, viewed in the light most favorable to Ms. Mingo,
demonstrate that the City was not deliberately indifferent to the rights of Daniel
Mingo, the district court did not err when it granted summary judgment in favor of
the City of Mobile. For this reason, the district court’s order is AFFIRMED.
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