Phyllis Brown, widow of murdered DeKalb County, Georgia, Sheriff-elect Derwin Brown, filed an action against the County, former DeKalb County Sheriff Sidney Dorsey, former deputies Patrick Cuffy and Melvin Walker, and their co-conspirators, Paul Skyers and David Ramsey. Mrs. Brown asserted claims against the County pursuant to 42 USC § 1983 for wrongful death, pain and suffering, and special damages resulting from the violation of Brown’s First and Fourteenth Amendment rights. The superior court granted the County’s motion to dismiss it as a party to this action.1 The case proceeded to trial on damages only against Dorsey, Cuffy, and Skyers. After a four-day jury trial, judgment was entered on the verdict for $326,136,398 in compensatory damages and $450,000,000 in punitive damages. Mrs. Brown seeks to recover the compensatory damage award from the County. Specifically, she contends that the County is liable to her for the death of her husband because Dorsey used the powers of his office to accomplish the murder.2 She also alleges that Dorsey was a final policymaker for the County concerning the operation of the sheriff’s office. The County moved for dismissal on the basis that the United States Supreme Court has placed strict limitations on local government liability under 42 USC § 1983.3 The trial court granted the motion for the reasons that Mrs. Brown 1 failed to show that the Sheriff of DeKalb County is a county policymaker and 2 failed to identify either an officially promulgated county policy or an unofficial custom or practice binding the County for Dorsey’s actions in the murder of Brown. Although we do not agree with all that is said in the trial court’s order, we affirm the judgment. “A motion to dismiss may be granted only where a complaint shows with certainty that the plaintiff would not be entitled to relief under any state of facts that could be proven in support of her claim.”4 “In deciding a motion to dismiss, all pleadings are to be construed most favorably to the party who filed them, and all doubts regarding such pleadings must be resolved in the filing party’s favor.”5 We apply a de novo standard of review to the trial court’s ruling on a motion to dismiss.6
In her complaint, Mrs. Brown alleges that Dorsey utilized the sheriff’s department’s resources and manpower to kill her husband; that Dorsey and the other individual defendants committed the murder under color of state law; and that as the sheriff, Dorsey was the final policymaker for the County in matters concerning the use of deadly force by sheriff’s department personnel, the direction and control of deputies and jailers, and the direction, control, and use of sheriff’s department materials, equipment and resources. Following oral argument on the County’s motion to dismiss, Mrs. Brown amended her complaint to assert that Dorsey acted, pursuant to his authority as sheriff, “to implement a policy of keeping himself in office by eliminating his competition.” Accordingly, she contends that the County is liable for Dorsey’s actions.
