BILLY ROY WILSON, District Judge.
Pending is the Motion for Summary Judgment (Doc. No. 34) filed by Separate Defendants Jefferson County, Arkansas (the "Sheriff's Department") and Sheriff Gerald Robinson.
During the time relevant to this case, Defendant Randy Jackson was employed by the Sheriff's Department as an investigator.
On June 13, 2014, Jackson got into an argument with his girlfriend and allegedly pulled a gun on her (the "domestic dispute"). The girlfriend's sister, who called 911 to report the domestic dispute, told the dispatcher this wasn't the first time Jackson pulled a gun on his girlfriend, and that she (the girlfriend) was afraid of Jackson because he was a cop.
Early the morning of July 5, 2014, Jackson drove his personal vehicle to a bar to pickup his girlfriend. He went in the bar, but could not locate his girlfriend, so he went back outside where he got into a dispute with his girlfriend's ex-boyfriend. After the ex-boyfriend left, Jackson got into a dispute with Jones, which ended when Jackson shot Jones in the chest. Jackson then got in his truck and drove home. Once home, Jackson called the Sheriff's Department to report the shooting.
Jones's Complaint alleges that the Sheriff's Department and Robinson violated his constitutional rights
Summary judgment is appropriate only when there is no genuine issue of material fact, so that the dispute may be decided on purely legal grounds.
The Court of Appeals for the Eighth Circuit has cautioned that summary judgment is an extreme remedy that should be granted only when the movant has established a right to the judgment beyond controversy.
Only disputes over facts that may affect the outcome of the suit under governing law will properly preclude the entry of summary judgment.
Jones attempts to avoid summary judgment by asserting that, after learning about the domestic dispute, the Sheriff's Department and Robinson did nothing to investigate until 17 days later.
The Sheriff's Department learned about the domestic dispute "on or about June 13, 2014," and "
Although it is undisputed that the Sheriff's Department and Robinson began investigating the domestic dispute on June 13, the formal administrative investigation did not begin until June 30, 2014, when the Sheriff's Department's lone internal-affairs investigator first received notice.
Nothing in the record suggests that beginning the formal investigation sooner would have prevented the shooting — it was already underway, and Jackson knew about it,
Nothing suggests that concluding the formal investigation sooner would have prevented the shooting. Instead, if anything, it would have quelled concerns that Jackson posed an ongoing risk of using a gun during a dispute because the investigator determined that "Jackson has never pointed a gun at [his girlfriend]."
Nothing suggests that any amount of investigation could have revealed that Jackson posed a specific threat to Jones, because the two had never met before the shooting.
Even assuming that a more diligent formal administrative investigation would have led Robinson or the Sheriff's Department to more-closely supervise Jackson, or even to fire him, the undisputed facts contradict Jones's conclusion that it would have prevented the shooting. The Sheriff's Department's policies already prohibited Jackson from going to the bar, but he went anyway — and nothing suggests that he would have complied with more stringent restrictions. Additionally, Jackson was not acting on behalf of the Sheriff's Department when, on his day off, he drove his personal vehicle to a bar for personal reasons. Likewise, Jackson did not shoot Jones with a gun issued by the Sheriff's Department — he shot Jones with a personally-owned gun. Last, Jones, who had never met Jackson, was unaware that Jackson was a police officer.
For the reasons set out in the findings of facts and conclusions of law above, Separate Defendants' Motion for Summary Judgment (Doc. No. 34) is GRANTED — Jones's claims against Separate Defendants are DISMISSED with prejudice.
IT IS SO ORDERED.