In addition to our employment and labor practice, Wiley Reber Law advises public employers on civil rights violations and lawsuits.  When a public employer is working with the public, there is a possibility it could be on the receiving end of a civil rights lawsuit based on the actions of its employees.  Frequently, those entities that have detention facilities are facing lawsuits by current or former residents, and it is important that they are aware of their obligations under both state and federal law towards those individuals.

In the case of Webster v. St. Louis County, the plaintiff was detained in the St. Louis County Jail, awaiting trial in 2021.  One morning, Mr. Webster was with a number of detainees in the Jail’s recreation room preparing to play volleyball, which was being taught by the Jail’s program facilitator.  While the program facilitator was explaining the rules of the game, Mr. Webster was allegedly talking.  As all coaches who have been interrupted wish they could do, the program facilitator took the volleyball she was holding and whipped it at Mr. Webster’s face.  Mr. Webster suffered bruises on his face and was given over-the-counter pain reliever as a result.

Two years later, Mr. Webster sued both the County and the program facilitator, alleging excessive use of force in violation of his Due Process rights.  St. Louis County moved to dismiss on several grounds, including that the complaint did not allege facts plausibly showing that Mr. Webster’s constitutional rights were violated.

In coming to its decision, the district court stated the required showing by a plaintiff in a use of force case is that “the force purposely or knowingly used against him was objectively unreasonable,” and “more than de minimis” or “repugnant to the conscience of mankind.”

Believe it or not, this is not the first case in the Eighth Circuit that involved prison officials throwing objects at inmates.  In both cases the action was found to be de minimis.  In this case the court found that a thrown volleyball does not ordinarily carry substantial force, and there was no evidence that the defendant exhibited the skill necessary to propel the volleyball at a greater than average speed.  The court found that while the defendant’s conduct was “unprofessional and ill-considered,” it did not rise to the level of being “repugnant to the conscience of mankind.”  With that, the case was dismissed.

Civil rights cases don’t often end this way.  Firm President Greg Wiley is skilled at advising entities facing accusations of civil rights violations, and can assist right away when those accusations occur.  If you, or your organization are in need of immediate assistance following an employee interaction with the public, or upon receipt of a complaint from an attorney, contact Wiley Reber Law, for legal advice that works.