United States District Court, N.D. Alabama, Southern Division
MEMORANDUM OPINION
R.
DAVID PROCTOR UNITED STATES DISTRICT JUDGE.
This
matter is before the court on the City of Columbiana's
(“Defendant” or “the City”) Motion
for Summary Judgment. (Doc. # 155). The Motion has been fully
briefed. (Docs. # 156, 191, and 204). For the reasons
discussed below, the Motion is due to be granted.
I.
The Rule 56 Evidence and the Undisputed
Facts[1]
In
2006, the City of Columbiana entered into a contract with
Defendant Judicial Correction Services, Inc.
(“JCS”). (Doc. # 157). JCS was to provide
probation services to the Columbiana municipal court.
(Id.). Municipal court Judge Mike Atchison first
learned of JCS from other municipalities that used its
services. (Doc. # 160 at 24; Doc. # 58 at 38-40). Joanna
Seale, a municipal court magistrate and the court clerk, had
also heard about JCS during continuing education programs
taken in connection with her magistrate position. (Doc. # 158
at 37). Seale called Susan Fuqua, a magistrate in Hoover,
Alabama, to ask about that court's experience with JCS.
(Id. at 38-40). The Columbiana municipal court
explored this option in an effort to save the court from
having to hire another full time employee for the management
of probation services. (Id. at 37).
JCS
marketed itself as an offender-paid system which did not
charge a municipality any money for its services. (Doc. #
180-31 at 193). It claimed that: (1) it could provide an
incentive for probationers to pay their fines at a higher and
faster rate, (2) its system increased partial payment rates,
and (3) under its system, partial payments averaged eighty to
ninety percent of the total fine. (Doc. # 193-2). Offenders
placed on probation were generally ordered to pay JCS a
one-time $10 set-up fee and $35 for each month of probation.
(See, e.g., Doc. # 168 at 16).
A.
The Contract
The
JCS-Columbiana contract recites that it is between the City
of Columbiana, the City's municipal court, and JCS. (Doc.
# 157). Throughout the contract, the City and the court are
referred to separately. (Id. at 3) (“JCS [is]
willing to provide these services to the City and
Court”; “the City and Court enter into this
agreement with JCS.”). The contract did not place any
obligations on the municipal court. (See Doc. #
157). Under the contract, JCS agreed to “supervise all
probated cases sentenced by the Court” and
“supervise indigent cases when determined by the
Court.” (Id. at 4). JCS agreed to
“comply with the Court's ruling in reference to
sentencing or possible revocation of probation” and
that “[a]ny modification to the original court sentence
will be decided by the Court.” (Id. at 4-5).
The contract was signed on behalf of Columbiana by then-Mayor
Allan Lowe, and on behalf of JCS by Kevin Egan, President of
JCS Alabama. (Doc. # 157).
On
April 15, 2015, Columbiana Mayor Stancil Handley terminated
the JCS contract. (Doc. # 157-1 at 58).
B.
Municipal Court Operations
Columbiana's
municipal court generally held two monthly court sessions.
(Doc. # 158 at 38, 55). However, a magistrate conducted bond
hearings for all arrestees within forty-eight to seventy-two
hours. (Id. at 24-25). At the bond hearing, the
magistrate discussed the charges, the required bond, the
defendant's rights, and the potential need for an
attorney to be appointed for the defendant. (Id. at
27-28). The factors Magistrate Seale covered during the bond
hearings are listed on a standard form issued by the state.
(Id.).
Magistrate
Seale also distributed form affidavits of substantial
hardship in the municipal court. (Id. at 96-99). She
gave the forms to a defendant either at the bond hearing or
when an attorney was appointed. (Id. at 96-97).
Judge Atchison was responsible for an investigation into a
person's ability to pay, and this indigency review was to
occur prior to any involvement by JCS. (Docs. # 158 at 93-96,
# 158-1 at 53, 74, 93-94). Generally, most defendants who
submitted a substantial hardship application had their fine
waived and were not referred to JCS. (Doc. # 158 at 97).
Occasionally, Judge Atchison referred a defendant who
submitted the form to JCS, but instructed JCS to waive its
fees for that individual. (Doc. # 160 at 28-29). These
indigency determinations were made by Judge Atchison before
any discussion regarding JCS probation. (Doc. # 158 at 96).
Judge
Atchison maintained control in the municipal court. (Doc. #
160 at 19). In regards to JCS's work on probation
matters, Judge Atchison testified that “JCS did what I
[] ordered them to do.” (Id.). Lisha Kidd, a
JCS Probation Officer who worked with Childersburg,
Harpersville, and Columbiana, testified that JCS's
“number one goal was to always obey the orders of the
Court.” (Doc. # 162 at 228). She further testified that
JCS followed “a process that [was] established by the
Court.” (Doc. # 161 at 103). She noted that JCS
“accepted everyone placed on probation through a
judge.” (Doc. # 162 at 228).
Not
everyone appearing in the municipal court was placed on
probation; if the offender could pay the fine within seven
days, JCS was not involved and payments could be made through
Magistrate Seale's office. (Doc. # 160 at 31, 59-60).
Judge Atchison made that determination. (Id.). If
the offender was placed on probation with JCS, payments had
to be made through JCS. (Doc. # 158 at 126-27). Once all
fines where paid, the probation ended. (Doc. # 180-31 at
262).
JCS
kept the court informed regarding the status of
probationers' payments and appointments with their
Probation Officers. (Docs. # 66-7, # 66-1, # 66-12).
Occasionally, when offenders repeatedly failed to meet with
JCS and/or make the required payments, JCS would prepare a
petition to revoke the probation informing the court of the
missed appointments and/or payments. (Docs. # 158 at 71-72,
88-89, # 168 at 26). Any warrants were executed by either
Judge Atchison or Magistrate Seale, but they issued pursuant
to an order by Judge Atchison. (Docs. # 158 at 109-10, #
158-1 at 180, # 160 at 31-32, # 183-28 at 15, # 168 at 17).
City police officers were involved in serving warrants, but
“the warrant comes from the Court.” (Docs. # 160
at 67, # 164 at 52). According to Judge Atchison, “JCS
never put people in jail.” (Doc. # 160 at 31-32). Judge
Atchison testified that he “had complete control over
that.” (Id.).
Judge
Atchison, Magistrate Seale, and other municipal court
employees are paid by the City, and their W-2s are issued by
the City. (Docs. # 19 at & 3, # 160 at 51-52). The City
paid Judge Atchison out of funds collected by the municipal
court. (Doc. # 160 at 51-52).
City
officials do not determine the disposition of any case,
including guilt or innocence, fines, fees, or community
service. (Docs. # 19 at & 3, # 160 at 51-52). The Mayor
testified that the Court was a department of the City. (Doc.
# 193-3 at 29-30). However, Judge Atchison testified that it
was not (Doc. # 160 at 51) and that, as a municipal judge, he
operated “under the auspices of the Alabama Code and
the Unified Judicial System.” (Doc. # 160 at 51). The
Eleventh Circuit recently held that probation procedure,
indigency hearings, provision of counsel, sentences, and work
programs, are all judicial acts. McCullough v.
Finley, 907 F.3d 1324, 1331 (11th Cir. 2018) (citing
Owens v. Kelley, 681 F.2d 1362, 1370 (11th Cir.
1982) (probation orders); Eggar v. City of
Livingston, 40 F.3d 312, 315 (9th Cir. 1994) (duty to
advise indigent defendants of their rights); Davis v.
Tarrant Cty., 565 F.3d 214, 223 (5th Cir. 2009)
(appointment of counsel); Harris v. Deveaux, 780
F.2d 911, 915 (11th Cir. 1986) (sentencing)).
C.
Plaintiff Hali Woods
On June
27, 2013, Woods was ticketed for failure to wear a seat belt
while driving. (Doc. # 165 at 1). Her fine and court costs
totaled $41. (Id.). On August 13, 2013, Woods
pleaded guilty. (Id. at 3-4). The Explanation of
Rights Plea of Guilty form she signed was Unified Judicial
System Form C-44B. (Id. at 3-4). Judge Atchison
placed Woods on probation, and ordered her to pay $51 per
month until her financial obligations were met. (Id.
at 5). Judge Atchison's Order of Probation also required
Woods to pay JCS $35 for each month of probation and a $10
registration fee. (Id.). In Judge Atchison's
August 13, 2013 Order of Probation, Woods was ordered to
return to court on November 12, 2013 to show
“completion of compliance.”
(Id.).[2]
Consistent
with the August 13, 2013 Order of Probation, on October 24,
2013, Magistrate Seal signed a Summons to Appear requiring
Woods to appear in the municipal court on November 12, 2013.
(Doc. # 165 at 6). The Summons to Appear form was a State of
Alabama Unified Judicial System Form MC-11D. (Id.).
As of November 12, 2013, Woods had only paid $20.
(Id. at 7). Therefore, Judge Atchison signed another
Order of Probation reinstating Woods to probation, and
requiring payment in full by January 22, 2014. (Id.
at 8).
On
January 8, 2014, Magistrate Seal signed another Summons to
Appear requiring Woods to appear in the municipal court on
January 28, 2014. (Id. at 9). The Summons to Appear
form was again a State of Alabama Unified Judicial System
Form MC-11D. (Id.). The January 28, 2014 court date
was rescheduled (Doc. # 156 at 14 n.4), so on February 10,
2014, Magistrate Seal signed another Summons to Appear
requiring Woods to appear in the municipal court on February
25, 2014. (Doc. # 165 at 9). The Summons to Appear form was
again a State of Alabama Unified Judicial System Form MC-11D.
(Id.). On February 25, 2014, Woods presented an
Affidavit of Substantial Hardship on State of Alabama Unified
Judicial System Form C-10. (Id. at 13-14). The
Affidavit was marked “not approved.”
(Id.).
On
April 22, 2014, less than one year after she was ticketed,
Judge Atchison signed a Successful Termination of Probation
form for Woods. (Id. at 17). Woods was never
arrested related to the June 2013 offense, nor was a warrant
for her arrest ever issued. (See Doc. # 165).
D.
Plaintiff Susan Douglas
On
January 14, 2012, Douglas was cited for driving while her
license was suspended, a misdemeanor (No. TR 12-18), and for
operating a vehicle without insurance, another misdemeanor
(No. TR 12-19). (Docs. # 165 at 19-40, # 165-1 at 2). The
fine and court costs for these citations were $390 and $340,
respectively. (Id.). All fines and costs associated
with these cases were paid and satisfied on or before March
15, 2013, more than two years before Plaintiffs filed their
initial Complaint. (Docs. # 165 at 19-40, # 165-1 at 21, #
166 at 1; see also Doc. # 1). Judge Atchison signed
notices of Successful Termination of Probation in both cases
on April 9, 2013. (Doc. # 165-1 at 23).
On
February 28, 2013, Douglas was cited for driving while her
license was revoked, a misdemeanor (No. TR 13-95). (Doc. #
167 at 2). The fine and court costs totaled $416.
(Id. at 5). On April 9, 2013, Douglas pleaded
guilty. (Id. at 3-4). The Explanation of Rights Plea
of Guilty form she signed was Unified Judicial System Form
C-44B. (Id.). Judge Atchison placed Douglas on
probation and ordered her to pay $110 per month until her
financial obligations were met. (Id. at 5). Judge
Atchison's Order of Probation also required Douglas to
pay JCS $35 for each month of probation and a $10
registration fee. (Id.). In Judge Atchison's
April 9, 2013 Order of Probation, Douglas was ordered to
return to court on July 9, 2013 to show “completion of
compliance.” (Id.).
On
April 10, 2013, the day following her initial appearance in
No. TR-13-95, Douglas was arrested for attempting to elude a
police officer, a misdemeanor (Case. No. WA 13-38). (Doc. #
168). Concurrently with this arrest, Douglas was cited for
driving while her license was revoked (No. TR 13-260). (Doc.
# 169 at 1-2). The fine and court costs totaled $713. (Doc. #
168 at 2). On May 28, 2013, Douglas pleaded guilty to
attempting to elude. (Id. at 14-15). The Explanation
of Rights Plea of Guilty form she and Judge Atchison signed
was Unified Judicial System Form C-44B. (Id.). On
July 9, 2013, Douglas pleaded guilty to driving while her
license was suspended, also on Unified Judicial System Form
C-44B. (Doc. # 169 at 5-6). Judge Atchison placed Douglas on
probation and ordered her to pay $135 per month until her
financial obligations were met. (Doc. # 168 at 16). Judge
Atchison's Order of Probation also required Douglas to
pay JCS $35 for each month of probation and a $10
registration fee. (Id.).
On
February 24, 2014, JCS Probation Officer Lisha Kidd signed a
Petition for Revocation of Probation on behalf of the City
Prosecutor, Richard Shuleva, due to Douglas's failure to
pay her fines and failure to report to her probation officer
on sixteen occasions. (Id. at 26). This petition
related to No. TR 13-26, TR 13-95, TR 13-262, and MC-13-39.
(Id.). On March 10, 2014, Magistrate Seale executed
an Alias Warrant for Douglas's arrest using Unified
Judicial System Form MC-11A. (Id. at 17). On April
22, 2014, Judge Atchison signed an Order of Modification of
Probation changing the status from “Hold” to
“Warrant.” (Id. at 18).
On May
13, 2014, Magistrate Seale issued an Order of Release from
Jail on Unified Judicial System Form C-42 for No. MC 13-39,
TR 13-260, TR 13-262 and TR 13-95. (Id. at
19).[3]
Douglas was released from jail and again placed on probation.
(Id.). The day she was released, Judge Atchison
signed an Order of Probation stating that if Douglas missed
one appointment or payment, a warrant was to be issued for
her arrest. (Id. at 20). On September 12, 2014,
Judge Atchison signed a Successful Termination of Probation
for Douglas on Nos. TR 13-260 and TR-13-95. (Doc. # 169 at
36).
On
February 25, 2015, Magistrate Seale issued a Summons to
Appear on Unified Judicial System Form MC-11D for Douglas to
appear on March 10, 2015. (Doc. # 168 at 25). On March 10,
2015, Judge Atchison signed a Successful ...