Beckham v. Harris, s. 84-1211
| Decision Date | 13 March 1985 |
| Docket Number | Nos. 84-1211,s. 84-1211 |
| Citation | 756 F.2d 1032 |
| Parties | Thomas G. BECKHAM, Appellee, v. J. Gordon HARRIS, in his official capacity as Chief of Police of the Horry County Police Department, and individually; George O. "Buddy" Fowler, in his official capacity as Captain of Detectives of the Horry County Police Department, and individually; Horace Jordan; Winfred Gore; Elton Johnson; Bobby Johnson; J.D. Flowers; Delano Sanders; Joshua Vaught, Worth Lee; A.B. Grainger; Bill Ward, and Harold Rogers, in their official capacities as Horry County Police Commission Members, and individually; and The Horry County Police Commission; William J. Brown, in his official capacity as former County Administrator for Horry County, and individually; and John Hatchell, in his official capacity as County Administrator, and individually; Bob Childs; W.G. Hucks, Jr.; Ulysses Dewitt; Peggy G. Lewis; Greg Smith; Robert Gary Steele; Johnny M. Singleton; James R. Frazier; Bill Shannon; Robert Lee Rayburn; Arthur M. Marlowe, and Rogers L. Hammond, in their official capacities as former members of the Horry County Council; and Laurie McLeod; Ulysses Dewitt; Robert Edge, Jr.; Rev. J. Leroy Weathers; Dewey Kirkley; Robert G. Steele; Alton Duncan; James R. Frazier; Paul Creel; W. Paul Prince; Brice Blanton; and W.G. Hucks, Jr., in their official capacities as members of the Horry County Council and individually; and Horry County Council; James O. Dunn, in his official capacity as Solicitor for Horry County, and individually, Appellants. Thomas G. BECKHAM, Appellant, v. William J. BROWN, in his official capacity as former County Administrator for Horry County, and individually; and Bob Childs, W.G. Hucks, Jr., Ulysses Dewitt, Peggy G. Lewis, Greg Smith, Robert Gary Steele, Johnny M. Singleton, James R. Frazier, Bill Shannon, Robert Lee Rayburn, Arthur M. Marlowe, and Roger L. Hammond, in their official capacities as former members of the Horry County Council, and individually, Appellees, and J. Gordon Harris, in his official capacity as Chief of Police o |
| Court | U.S. Court of Appeals — Fourth Circuit |
Harold W. Jacobs, Columbia, S.C. (Nexsen, Pruet, Jacobs & Pollard, Columbia, S.C. John P. Henry; Thompson, Henry & Guinn, P.A., Conway, S.C., on brief), for appellants.
John M. Leiter (Lawn & Leiter; Myrtle Beach, Kenneth A. Richstad, Childress & Richstad, Columbia, S.C., on brief), for appellee.
Before HALL and MURNAGHAN, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.
The present appeal arises from an action brought by Thomas G. Beckham ("Beckham"), a former narcotics detective with the Horry County South Carolina Police Department ("the police department") who was discharged by the defendant, Chief J. Gordon Harris ("Harris"), 1 on February 28, 1981 after submitting false information in an incident report and in an affidavit used to procure search and arrest warrants. Beckham asserts that he was discharged without a pre-termination hearing in violation of his right to procedural due process secured by the fourteenth amendment to the United States Constitution.
The case was tried to a jury from November 28, 1983 to December 2, 1983 and on December 8, 1983 judgment was entered awarding Beckham $20,000 in actual and $5,000 in punitive damages for violation of his property interest and $15,000 actual and $10,000 punitive damages for injury to his liberty interest in his continued employment with the police department. The defendants Harris, Dunn, and the former Police Commission members made a motion for a directed verdict at the close of plaintiff's case and a post verdict motion for judgment n.o.v. or, in the alternative, for a new trial. Those motions were denied by the district court as to those defendants. Harris, Dunn, and the Police Commission members timely appealed.
Beckham was hired by the police department as a patrolman in July of 1979. Satisfactory execution of his duties was presumably the reason for his promotion and reassignment two years later to the position of detective in the Narcotics Division. In his new assignment Beckham served as an undercover narcotics officer with another detective, Mike Foreman.
The events which ultimately led to Beckham's discharge took place on January 20-21, 1981. Beckham and Foreman were assigned to investigate reports that illegal drugs were being stored at the Ship's Wheel Seafood Restaurant in North Myrtle Beach, South Carolina. They commenced a "stake-out" of the restaurant on the night of January 20, 1981. On the morning of January 21, 1981, after an uneventful night's surveillance, Foreman left the scene to procure a search warrant. Beckham remained at the scene and stationed himself in a wooded area behind the restaurant. Upon Foreman's return, the officers executed the search warrant and discovered a large amount of marijuana 2 stored in the restaurant's walk-in freezer. The duo requested a back-up and as other officers arrived Foreman began to relate a completely fictitious story. Foreman claimed that, when he returned with the search warrant, he saw a silver van pull into the restaurant's parking lot followed by a black pick-up truck. Foreman claimed he recognized the driver of the van as Jerry High and mentioned that three other subjects, whom he identified only as Cuban nationals, occupied the van as well. The suspects, upon discovery of the officers, supposedly fled the scene at a high rate of speed. Although Beckham was not stationed in the parking lot when the silver van allegedly entered the lot he did not believe his partner's story. Beckham questioned Foreman about his fictitious account and Foreman told him that it was an attempt to "smoke-out" fellow police officers who he believed might be involved in illegal drug smuggling. Foreman told Beckham to go along with the story; Beckham acquiesced.
Later that same day, based upon an informant's tip, police officers were told that three Hispanic men were seen at a local motel and that these persons had participated in the loading or unloading of the marijuana at the Ship's Wheel Restaurant. Upon the officers' arrival at the motel, several individuals of alleged Cuban nationality fled the motel on foot. Later that same day, within a five block area of the motel, Jerry High was observed by police officers in a silver van along with three Hispanic males, all of whom were stopped and taken into custody. The van was transported to the Horry County jail to be searched.
In his affidavit, to be used as a basis for obtaining a warrant to search the seized van, Beckham attested to the fictitious story that Jerry High had been seen at the Ship's Wheel Restaurant on the morning of January 21, 1981. 3 Beckham's affidavit also served as a basis for arrest warrants issued for Jerry High, Bobby Gore and three male Hispanics of Cuban nationality. 4 An incident report was also prepared by Beckham and Foreman containing the fictitious information.
A preliminary hearing was held on February 26, 1981 in relation to the arrests of High, Gore and the Cuban nationals. Foreman advised Beckham a few minutes before the hearing that he was going to stick with the fabricated story contained in the affidavit and in the incident report. At this point Beckham refused to present perjured testimony. He advised Captain George "Buddy" Fowler, his supervisor, and James O. Dunn, the county solicitor, that the information contained in the affidavit and incident report was false. He also admitted destroying a statement by another police officer which made reference to a set of keys found at the county jail. Beckham did not testify at the preliminary hearing. On February 28, 1981 Beckham was discharged from the Horry County Police Department for furnishing false information. Foreman was discharged for testifying falsely at the preliminary hearing. Beckham did not request a hearing to challenge the charges against him. On March 12, 1981, Beckham was indicted by the State of South Carolina on charges of false swearing, conspiracy and obstruction of justice. He was later tried and acquitted of those charges.
Dunn and Chief of Police Harris called a press conference after the terminations. A press release was issued on February 28, 1981 announcing that both Beckham and Foreman had been discharged and several articles subsequently appeared in a local newspaper detailing the circumstances surrounding the officers' discharge and the dismissal of drug charges against the five previously arrested men.
Harris initially contends that detective Beckham had no constitutionally protected property interest in his continued employment with the police department. Therefore, the department was not constitutionally obligated to provide Beckham with an opportunity to rebut the charges against him prior to his termination from the police force.
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