Miner v. City of Glens Falls

• Citation: 999 F.2d 655
• Decision Date: 26 July 1993
• Docket Number: No. 1400,D,1400
• Parties: Donald A. MINER, Plaintiff-Appellee, v. CITY OF GLENS FALLS, Defendant-Appellant, Glens Falls Police Department; Board of Public Safety of the City of Glens Falls; Francis X. O'Keefe, as Mayor of the City of Glens Falls; James Duggan, Defendants. ocket 92-9370.
• Court: United States Courts of Appeals. United States Court of Appeals (2nd Circuit)

Page 655

999 F.2d 655

Donald A. MINER, Plaintiff-Appellee, v. CITY OF GLENS FALLS, Defendant-Appellant Glens Falls Police Department; Board of Public Safety of the City of Glens Falls; Francis X. O'Keefe, as Mayor of the City of Glens Falls; James Duggan, Defendants.

No. 1400, Docket 92-9370.

United States Court of Appeals Second Circuit.

Argued April 23, 1993.

Decided July 26, 1993.

Steven U. Teitelbaum, Albany, NY, for plaintiff-appellee.

Joseph R. Brennan, Glens Falls, NY (McPhillips, Fitzgerald & Meyer, New York City, of counsel), for defendant-appellant.

Before PRATT and JACOBS, Circuit Judges, and KNAPP, District Judge. ^*

JACOBS, Circuit Judge:

Plaintiff-appellee Donald Miner, a former police officer in the City of Glens Falls, New York, brought this action pursuant to 42 U.S.C. § 1983 (1988) asserting a claim for the alleged deprivation of his property interest in his job without due process of law. Miner was discharged, without a hearing, after he formed a religious scruple against carrying a firearm. The United States District Court for the Northern District of New York (Munson, J.) granted summary judgment in Miner's favor on the issue of liability, and awarded monetary damages in an amount to be determined by bench trial. Following the damages trial, the district court entered its decision and order, dated November 12, 1992 On appeal, Glens Falls argues that Miner would have been fired even if the City had conducted a hearing and that Miner therefore is entitled only to nominal damages for the denial of his right to due process and is not entitled to any recovery for lost wages, lost pension benefits or emotional distress. In other words, the City contends that Miner failed to meet his burden of proving that the deprivation of his due process rights was the cause of his termination. The City also contests the award of pre-judgment interest. For the reasons that follow, we affirm the district court's award.

                awarding damages to compensate Miner for his lost wages, lost pension benefits and emotional distress, together with attorney's fees, pre-judgment interest and costs.   It is the latter determination, regarding damages, that the City of Glens Falls (the "City" or "Glens Falls") challenges on appeal
                

BACKGROUND

A. City Government

Under the City Charter, the Glens Falls Board of Public Safety (hereinafter sometimes the "Board") has "custody and management, including disposition and discipline," of the Glens Falls Police Department, and has the power and obligation to "prescribe the duties, ordain, promulgate and enforce proper rules, regulations and orders for the good government and discipline" of the Department. The six members of the Board of Public Safety are appointed to three-year terms by the Mayor, who occupies the seventh seat ex officio, and serves as chairman. The Mayor, as the City's chief executive officer, has the power "to call out and command" the police. The Mayor has no authority to dismiss a police officer, although the Glens Falls Charter confers upon the Mayor the power to suspend any City employee, "upon charges being preferred," until the Board "shall convene and take action in the matter, providing however, that such person shall not remain so suspended for a period longer than fifteen days, without an opportunity of being heard in his defense."

B. Miner's Discharge

For twenty years beginning in 1966, Donald Miner was employed by the Glens Falls Police Department. In 1979, Miner became a Jehovah's Witness and, in 1983, Miner formed the conviction that he could not work in any capacity that might require him to take the life of another human being or to carry or use a firearm. Miner understood, however, that he could not disobey the lawful order of a superior, and he concluded that if given a direct order to carry a gun he would be compelled to resign from his job.

At the time Miner formed his conviction not to carry a firearm, the Board of Public Safety adopted "Resolution 11", which reassigned Miner, by then a line sergeant, to the staff position of Training Officer. As Training Officer, Miner was required to assist Police Chief James Duggan in the exercise of his managerial responsibilities; Miner was not required to carry or use a weapon. Approximately two years later, in 1985, Chief Duggan removed Miner from this position (a seemingly unauthorized derogation of Resolution 11) and re-assigned him to line sergeant's duty, on the midnight shift. Duggan, who was aware of Miner's religious convictions, did not order Miner to carry a firearm.

On December 31, 1985, the Board passed "Resolution 50" requiring that all police personnel carry firearms at all times while on duty. At no time, however, did Chief Duggan order Miner to carry a firearm. (In fact, Duggan himself did not carry a firearm at all times while on duty.) Rather, after Resolution 50 was adopted, Duggan permitted Miner to remain with the police force through May or June of 1986 to enable him to complete 20 years of service and thereby increase his pension. Duggan also told Miner that if he would thereafter resign from the Police Department he would be offered a civilian job. Miner, who at this time was not carrying a gun and had not been ordered to do so, came to believe that the Board--which had recommended that Miner continue working without a gun so that he could complete his 20 years with the police force--might indefinitely waive the firearm requirement in his case. In any event, Miner decided that he would not resign unless Duggan's offer of On July 7, 1986, the Board adopted "Resolution 34" authorizing Mayor Francis O'Keefe to inform Miner that his "present position" with the police department would be "abolished" on August 31, 1986. The Mayor, in turn, sent Miner two essentially identical letters, thanking Miner for his dedication to the Police Department over many years of service and notifying him that, pursuant to Resolution 34, his "status" would be "terminated" as of August 31, 1986: "The reason for this action is as outlined in Resolution # 50, December 31, 1985 requiring all Police to carry firearms. You have refused to carry a weapon, mainly, I believe, because of your religious beliefs."

                continued employment was presented in writing.   No such written offer was made, and Miner did not resign
                

Despite the Mayor's letters to him, Miner insisted that the Board itself did not intend that he be dismissed from the police force. Miner perceived that Resolution 34, which abolished his "present position", was ambiguous because the last Board resolution addressing Miner's status had assigned him to the "position" of Training Officer. Miner therefore believed that Resolution 34 had abolished the position of Training Officer without affecting his position as line sergeant. Since the Mayor's letter presumed that the Board did intend to fire Miner, and since Miner disagreed, Miner asked Mayor O'Keefe for the opportunity to address the Board of Public Safety. Mayor O'Keefe denied the application without informing the Board that Miner requested a hearing. In this manner Miner was discharged.

Miner promptly filed an unemployment insurance claim. Benefits were granted upon a finding by the New York State Department of Labor that he was involuntarily discharged under non-disqualifying circumstances. In addition, Miner applied for and received public assistance, in the form of food stamps, heat benefits and Medicaid. Miner also commenced an action in New York State Supreme Court, which he subsequently discontinued in order to pursue this federal action.

C. Federal Court Proceedings

In his federal complaint, filed on July 27, 1989, Miner alleged that he was dismissed from his job in violation of the United States Constitution, the New York State Constitution, the New York Civil Service Law and a collective bargaining agreement between the City of Glens Falls and the Glens Falls Police Benevolent Association. Miner further alleged that he had "been damaged as a result of the actions of the defendants." Miner sought judgment against the defendants in the sum of $1.5 million in damages, such other and further relief as may be just and proper, together with costs, disbursements and attorney's fees.

Following discovery, Miner moved for summary judgment on his complaint. The February 25, 1991 motion was supported by affidavits of Miner and his counsel. Attached to these affidavits were transcripts of depositions given by the members of the Board of Public Safety: Mayor O'Keefe, Chief Duggan, John Paquin, Thomas Hewitt, Louis Hoffis and Richard Saunders. (One member of the 1986 Board died before this action was commenced.)

The defendants opposed Miner's motion for summary judgment on the limited grounds (1) that Miner voluntarily resigned from the police force, and therefore had not been involuntarily terminated; and (2) that Miner's election to proceed under the terms of a collective bargaining agreement constituted a waiver of the procedures guaranteed by the New York State Civil Service Law. The defendants interposed no other defense on summary judgment to Miner's claim that he suffered damages directly caused by the violation of his due process rights. Nor did the defendants contest the following material facts adduced by Miner in support of his summary judgment motion: (1) that Miner was never given a direct order to carry a weapon to conform his conduct to Resolution 50; (2) that no charges of misconduct were ever filed against Miner; (3) that Miner was never served with a notice of discipline, as required under the collective bargaining agreement between the City of Glens Falls and the Glens Falls Police Benevolent Association; (4) that Miner was never provided Miner's summary judgment motion also relied upon the following uncontradicted testimony of the individual members of the Board of Public Safety. Board member Louis Hoffis had voted for Resolution 34 with the understanding that...