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Montgomery v. City of Ames

United States Court of Appeals, Eighth Circuit

July 20, 2016

Tamela Montgomery, Plaintiff- Appellant,
v.
City of Ames; Suzanne Owens, individually and in her official capacity as a Law Enforcement Officer for the City of Ames Police Department; Heath Ropp, individually and in his official capacity as a Law Enforcement Officer for the City of Ames Police Department; Christine Crippen, individually and in her officialcapacity as a Law Enforcement Officer for the City of Ames Police Department; John Doe, individually and in his official capacity as a Law Enforcement Officer for the City of Ames Police Department; State of Iowa; John Baldwin, individually and in his official capacity as Director of the Iowa Department of Corrections; Curt Forbes Residential Center; John McPherson, individually and in his official capacity as Manager of Curt Forbes Residential Center, Defendants-Appellees.

          Submitted: January 12, 2016

         Appeal from United States District Court for the Southern District of Iowa - Des Moines.

          Before WOLLMAN, MELLOY, and COLLOTON, Circuit Judges.

          COLLOTON, Circuit Judge.

         Angenaldo Bailey seriously injured Tamela Montgomery when he broke into her house and shot her several times before killing himself. At the time, Bailey was a resident of the Curt Forbes Residential Center, a halfway house facility operated by the State of Iowa in Ames. Montgomery sued the City of Ames, several Ames police officers, the Center, John McPherson (the Center's manager), the State of Iowa, and John Baldwin (the director of the Iowa Department of Corrections). We previously affirmed the district court's grant of summary judgment for the City of Ames and its police officers and remanded for further proceedings on the other claims. Montgomery v. City of Ames, 749 F.3d 689 (8th Cir. 2014). On remand, the district court[1] granted summary judgment for McPherson, Baldwin, the Center, and the State. Montgomery appeals that order, and we affirm.

         I.

         As we are reviewing a grant of summary judgment, we describe the facts in the light most favorable to Montgomery. Bailey had a history of abusing Montgomery. On November 12, 2008, Bailey was arrested for domestic abuse after he assaulted Montgomery. She stated that Bailey had struck her in the face, started to strangle her, and threatened to kill her. The following day, an Iowa state court issued an order of protection prohibiting Bailey from contacting Montgomery.

         Bailey disobeyed the order and continued to contact Montgomery. In February 2009, authorities arrested Bailey at Montgomery's residence in Ames. Bailey, armed with a baseball bat, returned the following day, slapped Montgomery, and threatened to rape her. Police arrested Bailey and brought him to jail. After he was placed in a holding cell, Bailey hit his head against the walls and tried to wrap his belt around his neck in an apparent attempt to harm himself. The next month, after his release, Bailey forced a door open at Montgomery's residence and threatened to kill her. Montgomery told police that if they did not catch Bailey, she believed that he would come back and attack her. Police arrested Bailey on charges of aggravated interference with official acts and third-degree burglary.

         An Iowa state court issued a second order of protection in June 2009, noting that Bailey previously had been convicted of a domestic abuse assault. Despite the order, Montgomery's neighbors reported seeing Bailey drive by Montgomery's residence in July 2009. By then, Bailey had been released from jail and was assigned to reside at the Curt Forbes Residential Center in Ames. Bailey continued to contact Montgomery in September 2009.

         On September 28, 2009, Montgomery called the Ames police. Montgomery informed an officer, John Mueller, that Bailey was contacting her and coming to her residence, in violation of the protective order. Mueller informed Montgomery that he would locate Bailey and talk with him about the situation. Mueller went to the Center and spoke with a probation officer. The probation officer told Mueller that Bailey had "stepped out, " and that Bailey might be found at a local workforce development office.

         Mueller went to the workforce office, found Bailey, and discussed Montgomery's complaint against Bailey. Bailey claimed that Montgomery had contacted him by telephone. Mueller warned Bailey not to contact Montgomery in any way, and Bailey promised not to do so. Mueller then returned to Montgomery's residence and informed her of Bailey's statements. Montgomery admitted that she recently had called Bailey. Mueller warned her not to make such calls and then departed.

         Around the same time that Montgomery called the police, she also contacted the Center. She told an unidentified man who answered the telephone that she felt threatened by Bailey. She requested that the Center not allow Bailey to leave on outings because he was contacting her when he left the facility.

         Bailey returned to the Center from the workforce office. Later that afternoon, Bailey was allowed to leave the Center to go shopping at Walmart. At around 5:00 p.m., police received reports from Montgomery's neighbors that Bailey had been riding his bicycle around the neighborhood. Bailey returned to the Center. At 7:50 p.m., Bailey was allowed to leave to go to a Hy-Vee store for one hour. When Bailey did not return by 8:50 p.m., a staff member at the Center called the police to file a "run report" on Bailey. Rather than return to the Center, Bailey broke into Montgomery's home, shot her, and then shot himself. Montgomery sustained serious injuries from gunshot wounds.

         Montgomery brought suit, alleging constitutional due process claims and state-law negligence claims against the City, several police officers, the Center, John McPherson (the manager of the Center), the State of Iowa, and John Baldwin (the director of the Iowa Department of Corrections). The constitutional claim against McPherson alleged that he acted with deliberate indifference to Bailey's history of violating protective orders and thus violated Montgomery's due process right to bodily integrity. Montgomery further alleged that Baldwin, the Center, and the State had maintained "official policies . . . of failing to prevent individuals in custody from violating protective orders" and "failed to establish an adequate and sufficient policy . . . for training supervisors and officers within the Department and Center relating to individuals in custody violating protective orders."

         The district court granted summary judgment for all defendants. We affirmed the judgment in favor of the City and its police officers. Because Montgomery did not have notice that the district court would consider granting summary judgment for the other defendants, we remanded for further proceedings on the remaining claims. Montgomery, 749 F.3d at 697. On remand, the district court granted summary judgment for McPherson, Baldwin, the Center, and the State on the federal claims, and dismissed the remaining state-law ...


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