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Carter v. Huterson

United States Court of Appeals, Eighth Circuit

August 8, 2016

William Billy Gene Carter, Plaintiff - Appellant
v.
Kenny Huterson; Loratea Akers; Vickie Dye; Cynthia Jannaman; Lance Brown; Janet Heyer; Sandy Swanson; Angel Lawson; Heather Richards; Alexey Nikitin; David R. Hunter; Rhinnia Andrews; Kenneth Hutchason; Loretta Akers; Stanley Lance Brown, Defendants-Appellees

          Submitted: June 16, 2016

         Appeal from United States District Court for the Western District of Missouri - Jefferson City

          Before SMITH, GRUENDER, and BENTON, Circuit Judges.

          GRUENDER, Circuit Judge.

         William Carter sued employees of the Missouri Department of Mental Health ("DMH") under 42 U.S.C. § 1983. Carter alleged that these defendants violated his Fourth, Eighth, and Fourteenth Amendment rights by forcibly collecting his fingerprints, a mouth swab, and a blood sample while he was confined at Fulton Hospital as a civilly committed sexually violent predator. The district court[1]dismissed Carter's complaint for failure to state a claim. We affirm.

         I.

         In 2002, Carter pleaded not guilty by reason of mental disease or defect to various charges related to the kidnapping and deviate sexual assault of his sixteen-year-old neighbor. As a result of this plea, Carter was committed to the custody of the DMH. Carter's subsequent application for conditional release triggered mandatory review of his eligibility for involuntary civil commitment under Missouri's Sexually Violent Predators Act, Mo. Rev. Stat. § 632.480-513. Pursuant to that statute, a jury found Carter to be a sexually violent predator, and Carter therefore remained confined at Fulton State Hospital, a facility under the direction of the DMH.

         In November 2014, Carter filed a complaint under 42 U.S.C § 1983, alleging that DMH employees working at Fulton State Hospital had violated his rights under the Fourth, Eighth, and Fourteenth Amendments. The complaint alleged that the defendants and two Missouri Highway Patrol officers had approached Carter at the hospital and informed him that they needed his fingerprints, a blood sample, and a mouth swab. According to the complaint, when Carter refused to cooperate unless the officers produced a valid search warrant, the officers ordered the defendants to restrain Carter and obtain the samples. Carter alleged that at that point, all nine staff members "physically assaulted and attacked" him. He claimed that the attack resulted in a pulled tendon on his left index finger; a bruise, sprain, and cut on his left middle finger; and a bruise on his left arm. Carter further alleged that the defendants failed to provide appropriate medical treatment for these injuries.

         The defendants moved to dismiss Carter's complaint. They argued that they did not violate Carter's Fourth Amendment rights by taking Carter's fingerprints, mouth swab, and blood sample because, as a sexually violent predator, Carter was required to provide these materials under Missouri law. According to section 650.055.1 of the Missouri Revised Statutes, "[e]very individual who . . . [h]as been determined to be a sexually violent predator... shall have a fingerprint and blood or scientifically accepted biological sample collected for purposes of DNA profiling analysis." The defendants further argued that Carter's assertion that the defendants employed excessive force failed to state a claim under the Fourth Amendment because Carter conceded that he resisted the efforts of the highway patrol officers to obtain his information and because his bare conclusion that he was "physically assaulted and attacked" was not sufficient to withstand a motion to dismiss. The defendants also contended that neither the manner in which they obtained the samples nor any alleged delay in Carter's receipt of medical treatment violated Carter's rights under the Eighth or Fourteenth Amendments. Finally, the defendants argued they were entitled to qualified immunity because their alleged forcible collection of Carter's fingerprints, mouth swab, and blood sample represented conduct that a reasonable officer would believe is lawful. See James ex rel. James v. Friend, 458 F.3d 726, 730 (8th Cir. 2006).

         The district court granted the defendants' motion to dismiss. The court found that the warrantless collection of Carter's fingerprints, mouth swab, and blood sample did not violate the Fourth Amendment because this collection represented a reasonable, minimal intrusion and because Carter had a reduced expectation of privacy as a civilly committed sexually violent predator. The court also concluded that Carter failed to plead facts showing that the manner in which the defendants collected these materials violated Carter's rights under the Fourth, Eighth, or Fourteenth Amendment. Finally, the court ruled that the defendants were entitled to qualified immunity because Carter failed to state facts demonstrating the violation of a constitutional right that was clearly established at the time of the alleged violation and because the defendants' alleged conduct was reasonable under the circumstances alleged in the complaint. Carter appeals.

         II.

         On appeal, Carter argues only that the district court erred when it dismissed his claim that the defendants' warrantless, forcible drawing of his blood to produce a DNA profile violated his rights under the Fourth Amendment. We review de novo a district court's dismissal under Rule 12(b)(6), taking all facts alleged in the complaint as true. Trooien v. Mansour, 608 F.3d 1020, 1026 (8th Cir. 2010). To survive a motion to dismiss for failure to state a claim, "a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face." Braden v. Wal-Mart Stores, Inc., 588 F.3d 585, 594 (8th Cir. 2009) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)). Similarly, defendants seeking dismissal under Rule 12(b)(6) based on an assertion of qualified immunity "must show that they are entitled to qualified immunity on the face of the complaint." Bradford v. Huckabee, 394 F.3d 1012, 1015 (8th Cir. 2005).

         A.

         In appealing the dismissal of his Fourth Amendment claim, Carter first contends that because he was a civilly committed individual rather than a pre-trial detainee or a prisoner, the defendants could not collect a blood sample to produce his DNA profile without first demonstrating individualized suspicion of criminal wrongdoing and acquiring a search warrant. However, we do not reach the question of whether the alleged warrantless collection of Carter's blood sample violated the Fourth Amendment because the defendants are entitled to qualified immunity with respect to this claim. See Pearson v. Callahan, 555 U.S. 223, 240-42 (2009) (holding that courts have the discretion to recognize an official's entitlement to qualified immunity without first deciding whether a constitutional violation took place).

         "Qualified immunity shields government officials from liability for civil damages for discretionary acts that do not 'violate clearly established statutory or constitutional rights of which a reasonable person would have known.'" Moore ex rel. Moore v. Briggs,381 F.3d 771, 772 (8th Cir. 2004) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982)). Here, the defendants are entitled to qualified immunity with respect to their alleged taking of Carter's blood sample because Carter has failed to demonstrate that, at the time of the events in question, civilly committed sexually violent predators maintained a clearly established right to be free from the warrantless drawing of a blood sample to produce a DNA profile. To the contrary, a ...


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