Moreland v. Miami-Dade County

• Decision Date: 13 November 2002
• Docket Number: No. 02-20082-CIV.,02-20082-CIV.
• Citation: 255 F.Supp.2d 1304
• Parties: Sherry MORELAND, Plaintiff, v. MIAMI-DADE COUNTY, Defendant.
• Court: U.S. District Court — Southern District of Florida

255 F.Supp.2d 1304

Sherry MORELAND, Plaintiff, v. MIAMI-DADE COUNTY, Defendant.

No. 02-20082-CIV.

United States District Court, S.D. Florida.

November 13, 2002.

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Donna Marie Ballman, Davie, FL, for Sherry Moreland, plaintiff.

William X. Candela, FTS, Dade County Attorney's Office, Miami, FL, for Miami-Dade County, defendant.

ORDER GRANTING FINAL SUMMARY JUDGMENT

HUCK, District Judge.

THIS MATTER is before the Court upon the Defendant's Motion for Summary Judgment [DE# 23] and Plaintiffs Motion for Partial Summary Judgment [DE#20]. The parties' motions, memoranda of law in response and reply, supplemental authority submitted by both parties, and oral argument have been considered. The Court concludes that Defendant is entitled to summary judgment on the federal and state racial discrimination claims brought under Title VII of the Civil Rights Act of 1964 (Count VI), the Florida Civil Rights Act (Count III), and 42 U.S.C. § 1983 (Count IV). Defendant is also entitled to summary judgment on the procedural due process claim brought under 42 U.S.C. § 1983 (Count IV). Supplemental jurisdiction over the remaining state law claims is declined.

I. BACKGROUND

The Plaintiff, Sherry Moreland, is an African American woman. She was employed as a Correctional Officer I with the Miami-Dade County Corrections Department ("MDCC") when she began dating Lynn Strickland, a former inmate at a MDCC jail. Strickland moved into Moreland's apartment in July 1992 while on parole for numerous felonies. After living together about four months, Moreland discovered that Strickland was engaged in criminal activity. She promptly reported this to Strickland's probation officer, who put her in contact with a detective. Moreland went undercover and, as a result of her efforts, Strickland was sentenced to another twenty two years in jail. Thereafter, on July 5, 1993, MDCC promoted Moreland to a position as a sworn Corporal Officer of the Corrections Department.

At some point during 1992 or 1993, the Internal Affairs Department of MDCC initiated an investigation into allegations that Moreland had violated departmental rules by becoming romantically involved with Strickland. The investigation culminated in April 1996 with the issuance of a Disciplinary Action Report ("DAR") charging Moreland with violating three rules: Rule 2.200.29 (Cooperation with Other Agencies), Rule 2.300.01 (Revealing Official Departmental Documents), and Rule 2-34 (Employee Association with Inmates, Exinmates, or a Criminal Element). All of the allegations related to these violations were based on events that occurred when Moreland was an unsworn Corrections Officer I, before she was promoted to the position of a sworn Corporal. Moreland had a spotless employment record until the DAR in 1996.

One year later, in April of 1997, Supervisor Donald Manning fired Moreland because of the violations outlined in the DAR. Moreland appealed the termination pursuant to § 2-47 of the Miami-Dade County Civil Service Code. An independent hearing examiner was appointed and received evidence. On the appeal, MDCC argued that Moreland had violated Rule 2.200.29 by either making inconsistent statements or giving perjured testimony during the proceedings against Strickland, and that she had "sandbagged" the government's case by testifying contrary to pre-trial statements she made to an Assistant United States Attorney during the investigation. The import of Rule 2.200.29, in MDCC's view, meant fully cooperating with law enforcement agencies and giving truthful testimony. On the issue of whether Moreland had violated Rule 2.20029, the hearing examiner stated that "[t]he weight of the evidence suggests that Moreland's testimony in the Strickland case was inconsistent with her testimony in this [civil service appeal] proceeding and contrary to what she initially told [the Assistant United States Attorney in the Strickland case]." MDCC, however, had never formally charged Moreland with, and did not fire her for lying, misrepresentation, falsification or perjury, even though MDCC had evidence from which to draw such a conclusion long before terminating her.

The hearing examiner thus found no violation of Rule 2.200.29 when he issued his findings and recommendation on August 25, 1999. He did, however, conclude that Moreland had violated Rule 2-34 by failing to promptly notify her supervisor and/or the Internal Affairs Department about Strickland's criminal activity.¹ For violating Rule 2-34, the examiner recommended that Moreland be suspended without pay for twenty eight months, from May 3, 1997 to August 30, 1999. At that time Moreland had been fired from her job for over two years. Hence, the examiner found termination was an inappropriate sanction and recommended disciplinary action tantamount to "time served" with Moreland to be immediately reinstated to her sworn position as a Corporal.

The foregoing facts merely set the table for Moreland's case. She does not complain of the termination or appeal, the decisions of the Internal Affairs Department and Supervisor Manning, or the findings and recommendation of the hearing examiner. Her complaint arises from the County Manager's decision to demote her instead of accepting the hearing examiner's recommendation of a two year suspension without pay and reinstatement to her former position as a Corrections Corporal.

II. UNDISPUTED FACTS²

The transcript and exhibits from Moreland's appeal hearing, along with the examiner's report were submitted to the County Manager, Merrett Stierheim, for review. Under § 2-47 of the Civil Service Code, Stierheim could "sustain, reverse or modify" the recommendation of the hearing examiner. (Pltf Facts at 113; Defs Ex 9 at p. 1.) Stierheim accepted the examiner's suggestion of a two year suspension without pay, but rejected the recommendation that Moreland be reinstated to the position of Corporal. Stierheim's decision was stated in a letter dated November 23, 1999:

I accept the Hearing Examiner's factual findings, but do not accept his recommendation as to the appropriate level of discipline. Your failure to notify the department promptly of Mr. Strickland's criminal activities is an extremely serious offense. As a Correctional Officer, you are held to a higher standard than civilians and expected to help enforce the law, not to protect known criminals.

I am troubled by your apparent lack of candor in the hearing. While the Department failed to charge you with misrepresentation or perjury, the Hearing Examiner found that your testimony was inconsistent at best. Your lack of complete candor calls your integrity as a Correctional Officer into question.

In light of the seriousness of your offense, and the ethical breaches as a sworn Correctional Officer, I have decided that you should not be reinstated to the County service as a Correctional Corporal.

(Def Ex 9 at p. 2.) In recognition of Moreland's otherwise satisfactory employment record and the different ethical standard required of a non-sworn employee, Stierheim set aside the termination and offered Moreland a demotion to a non-sworn position with a salary range comparable to that of a Correctional Officer. (Def Ex 9 at p. 2.) If she accepted this offer, the time period from termination until reinstatement to a non-sworn position would serve as a disciplinary suspension without pay. (Def Ex 9 at p. 2.) If Moreland accepted the offer, Stierheim indicated the Employee Relations Department would identify a position for which she qualified. (Def Ex 9 at p. 2.)

On December 23, 1999 Moreland filed a grievance, pursuant to Article 9 of the Collective Bargaining Agreement between MDCC and the Police Benevolent Association, alleging that Stierheim had engaged in ex-parte communication with the County Attorney's office before making his own final decision on the hearing examiner's findings. (Def Ex 11 and 2 at p. 19.) She did not, however, pursue this grievance to arbitration. (Pltf Facts at ¶ 10.)

Neither party succinctly articulates, nor does the record clearly reveal what happened over the next several months. Moreland did file a discrimination charge with the EEOC in July 2000. (Def Ex 14.) Apparently, MDCC did not reinstate Moreland to a position of comparable salary prior to the EEOC charge being filed, but kept her on a paid suspension with a reduced salary, and repeatedly said there were no positions available for her. (Pltf Add'l Facts at H 7.) Finally, some time after Moreland filed the EEOC charge, MDCC placed her in a position with a salary lower than that of a Corporal. (Pltf Add'l Facts at 117.) The EEOC found reasonable cause to believe that a violation of Title VII had occurred and issued a determination letter to this effect in April 2001. (Def Ex 15.) Approximately four months later, the EEOC issued a right to sue letter. (Def Ex 16.)

Between the date of the EEOC's determination letter and right to sue letter, Moreland met with Stierheim's successor, Steve Shiver, to discuss her employment status. (Pltf Facts at 1111.) On August 21, 2001 Shiver offered to reinstate Moreland as a Correctional Officer provided she satisfied all qualifications for the position. Although this would have still been a demotion from Moreland's former Corporal position, at that point MDCC had already advised Moreland that she would not pass the background check for a sworn position. (Def Ex 13; Moreland Deposition at p. 18.)

Moreland rejected Shiver's offer and then filed a ten count complaint in state court against Miami-Dade County ("County"), which was removed to federal court. (Moreland Deposition at pp. 84-85.) Counts I and II are claims for violations of the Officer's Bill of Rights, codified at Florida Statutes Chapter 112.532. Counts III and VI are employment discrimination claims, pursuant to the Florida Civil Rights Act and Title VII, alleging that the County is liable for Stierheim's racial...