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Carter v. Glenn

Since the plaintiff did not demonstrate that a city policy or custom encouraged or condoned her alleged rape by a city police officer, her § 1983 claims against the city, its mayor and its police chief failed.

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Alleging that a City of Lithonia police officer raped her, Yula Carter brought this action against the City of Lithonia, its mayor Marcia Woods Glenn, its police chief Jerome Woods, two unnamed police officers, and the alleged rapist, police officer Paul Wade. She asserted various state law claims as well as a federal civil rights claim under 42 USC § 1983. Wade and the other defendants answered and denied Carter’s allegations.1 After discovery, the city, Glenn, and Woods filed for summary judgment, asserting failure to file ante litem notice under OCGA § 36-33-5 and failure to demonstrate a claim under § 1983. The trial court granted both motions. We affirm the trial court’s grant of summary judgment to the city, Glenn, and Woods on Carter’s § 1983 claim, because Carter has failed to demonstrate acts in implementation of an intentional city policy or custom encouraging or condoning the commission of rape by its police officers. We also affirm the trial court’s grant of summary judgment to the city on Carter’s state law claims, because Carter failed to give the required ante litem notice. We must reverse the latter judgment as to Glenn and Woods, however, because the ante litem notice requirement by its terms applies only to the municipality itself.

1. We first consider Carter’s § 1983 claims.

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