Submitted: January 12, 2016
from United States District Court for the Southern District
of Iowa - Des Moines.
WOLLMAN, MELLOY, and COLLOTON, Circuit Judges.
COLLOTON, Circuit Judge.
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 granted summary judgment for
McPherson, Baldwin, the Center, and the State. Montgomery
appeals that order, and we affirm.
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.
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.
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.
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.
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
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
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.
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
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 ...