Massee v. Thompson

Vickie Massee (Vickie) had three children: James, Michael, and Marcus Massee (the Massees) (plaintiffs). In 1990, Vickie married Ray Doggett (Ray), and thereafter, Vickie and her children lived with Ray. Vickie and Ray had a turbulent, violent relationship. Police officers of Broadwater County (defendant), led by Sheriff Richard Thompson (defendant) received frequent calls relating to domestic disturbances. The calls usually followed bouts of heavy drinking by Ray, Vickie, or both, and Ray suffered from depression. For example, in 1994, Ray called the sheriff threatening to commit suicide after he had had an argument with Vickie. Officers found Ray with a loaded pistol, which was confiscated but returned to Ray soon afterward. In an incident two months later, Ray wielded his gun in front of officers and held it to Vickie’s head. Thompson, who responded to the home, did not arrest Ray, seize the gun, or inform Vickie of her victim’s rights. In 1996, another domestic incident occurred in which a suicidal Ray pointed a gun at James and Vickie’s friend. Once again, Thompson did not arrest Ray, seize the weapon, or provide Vickie with resources. In 1997, eight-year-old Marcus called the sheriff’s office, reporting an argument between Ray and Vickie. Responding officers removed the bullets from Ray’s loaded gun but otherwise left the gun and the bullets on the premises. In May 1997, Ray called the sheriff’s office, reporting that he was extremely depressed and suicidal. Later that month, Ray shot and killed Vickie and himself. The Massees sued Thompson for negligence in failing to prevent Vickie’s death. Following a jury trial, the jury found in favor of the Massees. The county and Thompson appealed, arguing that the sheriff was immune from liability unless the sheriff had a special relationship with Vickie. The Massees countered that a special relationship existed by virtue of the state’s domestic-violence statutes.