RE: Bring torches and pitchforks to the antichrist justices of the 11th circuit
In Kendall et al v. Sutherland et al
https://docs.justia.com/cases/federal/district-courts/georgia/gandce/1:2013cv04263/201324/51
A sheriff's deputy was raping women. The sheriff knew of this, and failed to correct the situation. Mulltiple women sued. The sheriff was immune to all state claims per state level Sovereign immunity in state court, was immune to official capacity suit per sovereign immunity in federal court, but the court managed to allow a claim to move forward of deliberate indifference under section 1983.
qualified immunity was later granted when the sheriff could no longer find the grievances. Cough, spoliation.
Plaintiffs present no evidence, however, that Sheriff Warren actually received these grievances. In fact, they appear to concede that these grievances were mishandled, meaning that they were not passed up along the chain of command. (Id. ¶¶ 48-49.) And Sheriff Warren presents evidence to precisely that effect. (Beck Decl., Dkt. [115-13] ¶ 79-83.) In his Declaration, Chief Deputy Beck specifically states that “[b]ecause the initial Jackson letter and grievance were not properly processed, neither one was brought to the attention of the Command Staff, including Sheriff Warren, until after Sutherland was arrested on January 17, 2013.” (Id. ¶ 83.) As for Ms. Jackson’s second grievance (filed on October 18, 2012), Chief Deputy Beck states that no copy has ever been found even though
Defendant Warren does not dispute that Ms. Jackson filed it. (Id. ¶ 53.)