Judith Alcocer v. Jailer Ashley Lynn Mills


Case: 19-12360 Date Filed: 02/20/2020 Page: 1 of 17 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-12360 Non-Argument Calendar ________________________ D.C. Docket No. 6:15-cv-00094-JRH-CLR JUDITH ALCOCER, Plaintiff - Appellee, versus JAILER ASHLEY LYNN MILLS, in her official capacity, Defendant - Appellant. ________________________ Appeal from the United States District Court for the Southern District of Georgia ________________________ (February 20, 2020) Before WILLIAM PRYOR, ROSENBAUM, and JILL PRYOR, Circuit Judges. PER CURIAM: Case: 19-12360 Date Filed: 02/20/2020 Page: 2 of 17 Plaintiff-Appellee Judith Alcocer (“Alcocer”), 1 a United States citizen born in Charleston, South Carolina, filed this 42 U.S.C. § 1983 claim for violation of her rights under the Fourth Amendment based on her roughly twenty-six-hour detention in the Bulloch County Detention Center (the “Detention Center”) on January 30 and 31, 2014, on account of her purported status as an unlawfully present alien. This case returns to us following remand in Alcocer v. Mills, 906 F.3d 944 (11th Cir 2018) (“Alcocer I”), in which we directed the district court to conduct an individualized qualified-immunity analysis for Defendant-Appellant Ashley Lynn Mills (“Mills”) and another Detention Center employee. 2 Mills appeals the district court’s order denying her summary judgment on the basis of qualified immunity. The issue before the Court is whether, construing the facts in the light most favorable to Alcocer, the district court erred in that denial. We conclude that it did not. I. 3 Alcocer was arrested on January 30, 2014, for driving with a suspended 1 Although Alcocer has married and changed her name to Judith Hinojosa-Diaz after initiating this case, the we refer to her as Alcocer to avoid any confusion with respect to the record and case history. 2 Following remand, the district court granted summary judgment based on qualified immunity to John Staten, a party in Alcocer I who was employed as the Jail Administrator for the Detention Center during the dates relevant to this appeal. Alcocer has not cross-appealed that order. Accordingly, we do not address the merits of the district court’s analysis on that issue. Nor do we express any opinion on whether there may be another appropriate defendant with regard to the Detention Center’s treatment of Alcocer in January 2014. 3 Since we are reviewing an order on a motion for summary judgment, we consider the evidence in the light most favorable to the non-moving party—here, Alcocer—and resolve all material disputes of fact in her favor. Stephens v. DeGiovanni, 852 F.3d 1298, 1315 (11th Cir. 2 Case: 19-12360 Date Filed: 02/20/2020 Page: 3 of 17 license, in violation of Georgia Code § 40-5-121. The arresting officers took her to the Detention Center, where Mills, the jailer on duty at that time, initially processed her, beginning at approximately 3:30 p.m. According to the record, Mills received training on all of her jobs with the Detention Center. As part of her job duties as a jailer, Mills was responsible for completing the Detention Center’s Inmate Information form ...

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