[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 06-14083 June 27, 2007
________________________ THOMAS K. KAHN
CLERK
D. C. Docket No. 04-00151 CV-2-WCO
KEVIN DALE, individually and as the next friend
and natural parent and natural guardian of M.D.,
a minor child, ABBY DALE, individually and as
the next friend and natural parent and natural guardian
of M.D., a minor, BRYAN CARLYLE, individually
and as the next friend and natural parent and natural
guardian of A.C., a minor, LISA J. CARLYLE,
individually and as the next friend and natural parent
and natural guardian of A.C., a minor,
Plaintiffs-Appellees,
versus
STEPHENS COUNTY, GEORGIA SCHOOL DISTRICT,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(June 27, 2007)
Before BLACK, and PRYOR, Circuit Judges, and LIMBAUGH,* District Judge.
PER CURIAM:
Kevin and Abby Dale and Bryan and Lisa Carlyle (Plaintiffs), individually
and on behalf of their minor daughters, sued Stephens County School District, the
former employer of a teacher accused of molesting their children, on various
claims. Stephens County School District appeals the district court’s denial of its
motion for summary judgment on the only remaining claim against it, the
allegations of constitutional violations under 42 U.S.C § 1983.
We review the district court’s denial of summary judgment de novo,
applying the same legal standard as the district court. Mize v. Jefferson City Bd. of
Educ., 93 F.3d 739, 742 (11th Cir. 1996). A district court should grant a motion
for summary judgment if, viewing the facts in the light most favorable to the
nonmoving party, there is no genuine issue as to any material fact and the moving
party is entitled to summary judgment as a matter of law. Id.
In 2003, plaintiffs accused Joey Wilson of molesting their daughters while
he was their teacher in a White County school. Wilson had worked for defendant
Stephens County School District for several years before teaching in White
*
Honorable Stephen N. Limbaugh, United States District Judge for the Eastern District of
Missouri, sitting by designation.
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County School District. It is undisputed that Wilson was employed by White
County School District, not Stephens County School District, when the alleged
conduct occurred.
Local governing bodies are subject to suit under § 1983 for monetary,
declaratory, or injunctive relief when “action pursuant to official municipal policy
of some nature caused a constitutional tort.” Monell v. Dep’t of Soc. Serv., 436
U.S. 658, 690-91, 98 S. Ct. 2018, 2035-36 (1978). However, “local governments
can never be liable under § 1983 for the acts of those whom the local government
has no authority to control.” Turquitt v. Jefferson County, 137 F.3d 1285, 1292
(11th Cir. 1989) (en banc); see also DeShaney v. Winnebago County Dep’t of Soc.
Serv., 489 U.S. 189, 197, 109 S. Ct. 998, 1004 (1989); Shrum v. Kluck, 249 F.3d
773, 780-81 (8th Cir. 2001); Doe v. Wright, 82 F.3d 265, 268-69 (8th Cir. 1996).
We conclude Stephens County School District is not liable under § 1983 for
the acts of a former employee whom it no longer had any authority to control.
Therefore, we reverse the denial of Stephens County School District’s motion for
summary judgment and remand to the district court for entry of judgment for
Stephens County School District.
REVERSED and REMANDED.
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