Campanelli v. Bockrath

• Decision Date: 15 November 1995
• Docket Number: PLAINTIFF-APPELLANT,DEFENDANTS-APPELLEES,No. 94-15761,94-15761
• Citation: 100 F.3d 1476
• Parties: LOUIS P. CAMJUDGESLI,, v. ROBERT L. BOCKRATH, AND DANIEL BOGGAN,
• Court: U.S. Court of Appeals — Ninth Circuit

Page 1476

100 F.3d 1476

LOUIS P. CAMJUDGESLI, PLAINTIFF-APPELLANT, v. ROBERT L. BOCKRATH, AND DANIEL BOGGAN, DEFENDANTS-APPELLEES.

No. 94-15761

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Argued and Submitted Nov. 15, 1995

Decided: November 22, 1996.

Lawrence Alioto, San Francisco, California, and Joseph L. Alioto, San Francisco, California, for the plaintiff-appellant.

Jeffrey A. Blair, Office of the General Counsel, University of California, Oakland, California, for the defendants-appellees.

Appeal from the United States District Court for the Northern District of California. D.C. No. CV-93-03038-FMS. Fern M. Smith, District Judge, Presiding.

Before: Norris, Beezer, and Trott, Circuit Judges.

WILLIAM A. NORRIS, Circuit Judge:

In 1993, appellant Louis Campanelli was fired from his job as head coach of the men's basketball team at the University of California at Berkeley. In this action under 42 U.S.C. 1983, he claims that two University officials, Robert Bockrath and Daniel Boggan, deprived him of his liberty interest without due process by making negative public statements regarding his termination. The district court dismissed Campanelli's complaint for failure to state a claim on which relief may be granted. Fed. R. Civ. P. 12(b)(6). The question on appeal is whether Campanelli has sufficiently alleged the elements of a due process violation.

I

In his complaint, Campanelli alleges the following: On February 8, 1993, about midway through the college basketball season, Louis Campanelli was fired from his job as head coach of the men's basketball team at the University of California at Berkeley. Pursuant to the terms of Campanelli's employment contract with the University, then-Athletic Director Robert Bockrath recommended Campanelli's termination and Vice-Chancellor Daniel Boggan, acting on Bockrath's recommendation and on behalf of the University regents, effected the termination. At the time of his termination, Campanelli had compiled a season win-loss record of 10-7, with a 4-5 record in conference play. Campanelli's career record at the University was 123-108, a winning percentage that was better than those achieved by the four head coaches who had preceded him.

Campanelli's termination was widely covered by the national press. University officials initially declined to state the reasons for the termination. However, on February 15, 1993, the San Francisco Chronicle printed an article setting forth Bockrath's statements regarding the reasons for the termination. Jake Curtis, Bockrath Offers Details on Firing of Campanelli, S.F. Chron., Feb. 15, 1993, at C4.¹ The article reported that Bockrath had recommended Campanelli's termination after overhearing Campanelli's postgame speech to his players following the team's loss to Arizona State on February 4, 1993. According to Bockrath, Campanelli's speech was "profane and abusive," and different from other coaches' behavior: "I know coaches swear. I can swear with any of them. This was different." Id. In response to the reporter's questions, Bockrath indicated that Campanelli's speech to his players was "different" because of the "personal nature" of his criticism. Id.

In a separate article published on February 14, 1993, the Chronicle reported Vice-Chancellor Boggan's statement of the reasons for Campanelli's termination. C.W. Nevius, Cal Grew Weary of Lou's Tirades, S.F. Chron., Feb. 14, 1993, at E1. Boggan told the Chronicle reporter that Campanelli had put so much pressure on his players that point guard Jason Kidd became physically ill and three other players were considering transfers to other schools. Id. Boggan stated that Campanelli had been "tearing the kids down," and that he "lit them up" after their loss to Arizona State on February 4. Id.

In the days following the publication of the Chronicle articles, the Washington Post and The New York Times picked up the story of Campanelli's firing. On February 17, the Post printed an editorial praising the University's decision to fire Campanelli. Tony Kornheiser, When the Boot Fits, Wash. Post, Feb. 17, 1993, at C1. The editorial quoted Bockrath's statement that "the players were beaten down and in trouble psychologically" due to Campanelli's "incredibly bad" postgame speech at Arizona State.² The Post reporter characterized Campanelli as an "abusive bully" who "perpetuated a cycle of abuse" and "psychologically attacked" his players. Id.

On August 18, 1993, Campanelli filed suit in district court against Bockrath, Boggan, and the University regents. On October 27, 1993, the district court dismissed all claims against the University regents without leave to amend, and dismissed the claims against defendants Boggan and Bockrath with leave to amend. On November 16, 1993, Campanelli filed his first amended complaint, asserting claims against Bockrath and Boggan only under 42 U.S.C. 1983 and various state laws. On March 31, 1994, the district court dismissed Campanelli's section 1983 claims under Federal Rule of Civil Procedure 12(b)(6) and exercised its discretion to decline jurisdiction over his pendent state law claims.

II

Campanelli's section 1983 action is rooted in the Fourteenth Amendment principle that a state may not deprive a person of his liberty interest "to engage in any of the common occupations of life" without due process of law.³ See Board of Regents v. Roth, 408 U.S. 564, 572-73, 33 L. Ed. 2d 548, 92 S. Ct. 2701 (1972). In Roth, the Supreme Court held that a public employer could be held liable for a procedural due process violation for terminating an employee if the employer made a charge "that might seriously damage [the terminated employee's] standing and associations in his community" or "imposed on [a terminated employee] a stigma or other disability that foreclosed his freedom to take advantage of other employment opportunities." Roth, 408 U.S. at 573. The Court said that the requisite stigma could result from a charge of "dishonesty" or "immorality."⁴ Id.

In this lawsuit, Campanelli concedes that the defendants did not breach his contract by firing him, and does not, therefore, complain about his termination per se. Rather, he claims that he was entitled to a name-clearing hearing, at or near the time of his termination, that could have mitigated the effect of the defendants' statements. Campanelli complains that he was denied notice and an opportunity to be heard, and as a result, the defendants' public statements regarding his termination have made it impossible for him to secure a new job as a college basketball coach. Campanelli seeks damages for mental suffering, emotional distress, and loss of income due to his inability to get another job.

In dismissing this action under Federal Rule of Civil Procedure 12(b)(6), the district court held that Campanelli failed to allege facts that could prove three of the required elements of a Roth claim. First, the court held that Campanelli failed to allege that the defendants' statements stigmatized him within the meaning of Roth. Second, the court held that Campanelli failed to allege that the defendants' statements were made "in the course of" his termination, as required by Paul v. Davis, 424 U.S. 693, 710, 47 L. Ed. 2d 405, 96 S. Ct. 1155 (1976). Finally, the court held that Campanelli failed to allege that the defendants' statements were "substantially false," as required under Codd v. Velger, 429 U.S. 624, 628, 51 L. Ed. 2d 92, 97 S. Ct. 882 (1977).

We review the district court's order of dismissal under Rule 12(b)(6) de novo. Stone v. Travelers Corp., 58 F.3d 434, 436-37 (9th Cir. 1995). Our review is limited to the contents of Campanelli's complaint. Argabright v. United States, 35 F.3d 472, 474 (9th Cir. 1994). We accept all of Campanelli's allegations of material fact as true and construe them in the light most favorable to him. National Wildlife Fed'n v. Espy, 45 F.3d 1337, 1340 (9th Cir. 1995). We will affirm the district court's order of dismissal only if it appears "beyond doubt" that Campanelli can prove no set of facts in support of his claim that would entitle him to relief. Mountain High Knitting, Inc. v. Reno, 51 F.3d 216, 218 (9th Cir. 1995).

A

In support of their Rule 12(b)(6) motion to dismiss, the defendants maintain that Campanelli's allegations do not satisfy Roth 's stigma requirement. They argue Campanelli alleges only "that the defendants dismissed him because of a perception that his admitted emotional outbursts rendered him ineffective with players." Appellees' Br. at 8.

Campanelli alleges that "the charges made in the press by Boggan and Bockrath after [his termination] have placed a stigma upon [his] good name, reputation, honor and integrity that has foreclosed his freedom to take advantage of other employment opportunities as a college basketball coach." First Amended Complaint (Compl.) Par. 23. As a result, Campanelli alleges he

has been unable to find employment as a college basketball coach, despite diligent efforts. He has been told on more than one occasion that the circumstances of his firing at Berkeley are the reason why it will be very difficult for Campanelli to find comparable employment.

Compl. Par. 18. In addition to making these general allegations, Campanelli points to specific statements made by the defendants to support his claim that the defendants stigmatized him. In claiming that the defendants' statements rose to the level of imposing stigma, Campanelli alleges, inter alia, that: Bockrath publicly stated "the reason for Campanelli's firing was verbal personal abuse"; Boggan told the press Campanelli "tore the kids down" and had put so much pressure on Jason Kidd, that Kidd became physically ill, id. Par. 14; and Washington Post writer Tony Kornheiser reported Bockrath's and Boggan's comments by calling Campanelli "'an abusive bully' who 'cursed his players incessantly,'" and did psychological damage to the players, id. Par. 15. Through the newspaper ...