Bennett v. Marshall Public Library

• Decision Date: 16 August 1990
• Docket Number: No. K89-10066 CA.,K89-10066 CA.
• Citation: 746 F. Supp. 671
• Parties: Marion BENNETT, Plaintiff, v. MARSHALL PUBLIC LIBRARY, James A. Schoenmeyer, William C. Mabin, Norma J. Church, Jane G. Morell and Suzanne E. Bedient, Defendants.
• Court: U.S. District Court — Western District of Michigan

746 F. Supp. 671

Marion BENNETT, Plaintiff, v. MARSHALL PUBLIC LIBRARY, James A. Schoenmeyer, William C. Mabin, Norma J. Church, Jane G. Morell and Suzanne E. Bedient, Defendants.

No. K89-10066 CA.

United States District Court, W.D. Michigan, S.D.

August 16, 1990.

Robert F. Best, Anne E. Campau, Best, Schmucker, Heyns & Klaeren, P.C., Jackson, Mich., for plaintiff.

Theresa Smith Lloyd, Plunkett & Cooney, P.C., Detroit, Mich., Micheal S. Bogren, Elizabeth A. Bennett, Plunkett & Cooney, P.C., Kalamazoo, Mich., for defendants.

OPINION GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

HILLMAN, Chief Judge.

This civil rights action stems from the purportedly wrongful discharge of plaintiff, Marion Bennett, from her position as director of the Marshall Public Library (the "Library"). Defendants are the Library and the five individuals who constituted the Marshall Public Library Board of Trustees (the "Library Board") at the time of the discharge. Alleging a deprivation of her procedural due process rights under the Fourteenth Amendment, plaintiff seeks to recover damages pursuant to 42 U.S.C. § 1983. Plaintiff also requests relief under four related state law claims. Defendants have moved for summary judgment on all counts.

FACTS

The underlying facts of this case are not in dispute. On January 1, 1969, plaintiff was hired as director of the Library by the Library Board. Plaintiff served in this capacity until November 5, 1988, when her employment was officially terminated. Although unofficial, plaintiff maintains that her actual termination occurred much earlier. The Board had contacted plaintiff in September, 1988, requesting that she retire from her position. A few weeks later the Board sent plaintiff a letter informing her that should she reject the offer of retirement, the Board intended to discharge her, describing her termination as "not negotiable". App. B to Motion for Summary Judgment. The letter further explained that regardless of her decision as to retirement, plaintiff's employment would be suspended as of October 17, 1988.

In response to plaintiff's inquiry, the Board issued a statement of reasons for her termination on October 25, 1988. Numerous and persistent conflicts with library staff and civic officials were cited. On November 3, 1988 the Board conducted a hearing to formally address plaintiff's situation. Plaintiff was given notice of the hearing and attended along with her attorney. Although plaintiff elected not to speak at the hearing, her lawyer addressed the Board on her behalf. At the conclusion of the meeting, and allegedly without further discussion, the Board voted to terminate plaintiff's employment effective November 5, 1988.

Plaintiff acknowledges that superficially this hearing appears to comply with the mandated due process requirements of notice and opportunity to be heard. However, plaintiff argues that the hearing was nonetheless constitutionally inadequate, as the decision to terminate her employment had been made prior to the hearing. Plaintiff further intimates that the Board was biased against her as a result of previous interactions and therefore was not a suitable decisionmaker for due process purposes.

In addition to alleging a federal claim pursuant to 42 U.S.C. § 1983, plaintiff asserts a parallel due process claim under the state constitution. Mich. Const., art. 8, § 9. Plaintiff also alleges claims under state common law for wrongful discharge, breach of contract, and intentional interference with contract. Defendants deny that plaintiff's employment was governed by contract, either express or implied. Instead, defendants maintain that plaintiff was employed "at will" and that the Board was entirely within its statutory authority in discharging plaintiff.

STANDARD

Defendants have jointly moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Summary judgment is appropriate where no genuine issue as to any material fact exists, and the movants are entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). This circuit has stated that "a material issue of fact exists where a reasonable jury, viewing the evidence in the light most favorable to the non-moving party, could return a verdict for that party." Vollrath v. Georgia-Pacific Corp., 899 F.2d 533, 534 (6th Cir.1990). See also Boddy v. Dean, 821 F.2d 346, 349 (6th Cir.1987).

As moving parties, defendants bear the initial burden in a summary judgment motion of demonstrating an absence of evidence in the record supporting plaintiff's claims. Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986); Banks v. Rockwell International, 855 F.2d 324, 325 (6th Cir.1988). Moreover, plaintiff is entitled to the benefit of all justifiable inferences from the record. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). However, should defendant meet its burden, plaintiff may not rest upon the allegations in her complaint, but must come forward with specific facts establishing a triable issue of material fact in order to survive summary judgment. Fed.R.Civ.P. 56(e); Davis v. Robbs, 794 F.2d 1129, 1130 (6th Cir.1986). Applying this standard, where plaintiff has submitted sufficient evidence to reasonably support a jury verdict in her favor, summary judgment is inappropriate.

DISCUSSION

Section 1983 creates a federal cause of action to redress deprivations, under color of state law, of constitutionally protected liberty and property interests. Chilingirian v. Boris, 882 F.2d 200 (6th Cir.1989). To prevail on this claim, plaintiff must first demonstrate that she possessed a cognizable property interest in her continued employment as librarian. Plaintiff must further show that the process afforded her by the Library Board, or available to her under state law, was constitutionally inadequate. Hudson v. Palmer, 468 U.S. 517, 536-37, 104 S.Ct. 3194, 3205, 82 L.Ed.2d 393 (1984); Parratt v. Taylor, 451 U.S. 527, 540, 101 S.Ct. 1908, 1915, 68 L.Ed.2d 420 (1981).

A. Property Interest:

Property interests are created and defined by sources independent of the constitution, such as state law. Board of Regents v. Roth, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972); Ramsey v. Bd. of Educ. of Whitley Cty, KY, 844 F.2d 1268 (6th Cir.1988). A person's means of livelihood is commonly recognized as one of the most significant property interests. Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 538, 105 S.Ct. 1487, 1491, 84 L.Ed.2d 494 (1985); Davis v. Scherer, 468 U.S. 183, 192 n. 10, 104 S.Ct. 3012, 3018 n. 10, 82 L.Ed.2d 139 (1984). Therefore, breach of either an express or an implied employment contract by a state actor may support a claim under § 1983. Loudermill, 470 U.S. 532, 105 S.Ct. 1487; Perry v. Sindermann, 408 U.S. 593, 601-03, 92 S.Ct. 2694, 2699-2700, 33 L.Ed.2d 570 (1972).

It is, however, well established that a public employee whose position is subject to termination at the will of his superiors does not have a constitutionally recognizable property interest in his continued employment. Bishop v. Wood, 426 U.S. 341, 96 S.Ct. 2074, 48 L.Ed.2d 684 (1976); Chilingirian, 882 F.2d at 203. Defendants submit that plaintiff served as an "at will" employee because the Michigan code authorizes the Library Board to appoint and discharge library personnel without apparent limitation. In pertinent part, the statute provides:

The Library Board shall make and adopt such by-laws, rules, and regulations for their own guidance and for the government of the library and reading room, as may be expedient, not inconsistent with this act ... Said board ... shall have power to appoint a suitable librarian and necessary assistants, and fix their compensation; and shall also have power to remove such appointees; and shall, in general, carry out the spirit and intent of this act in establishing and maintaining a public library and reading room.

M.S.A. 15.1665, M.C.L.A. 397.205.

Plaintiff responds that despite its statutory authorization, the Library Board nonetheless created an implied contract that her employment would not be terminated absent "just cause." Plaintiff maintains that the Library Board's oral representations at the time of her hiring, and statements contained in the Policies and Employment Guide give rise to her legitimate expectation that she would not be fired so long as her performance was satisfactory. Plaintiff concludes that the Library Board is therefore bound by those statements under Toussaint v. Blue Cross and Blue Shield, 408 Mich. 579, 292 N.W.2d 880 (Mich.1980).

1. Doctrine of Implied Contract in Public Employment Context:

Michigan courts have yet to conclusively establish whether public employees may rely on the implied contract theory established in Toussaint. In at least two instances the Michigan Court of Appeals has implicitly held Toussaint applicable in the public sector, see Rasch v. City of East Jordan, 141 Mich.App. 336, 367 N.W.2d 856 (1985); Dudkin v. Michigan Civil Service Comm'n, 127 Mich.App. 397, 339 N.W.2d 190, 195 (1983) ("Although Toussaint involved private-sector employees, its rationale applies here to state employees."). However, later decisions have characterized the question as unsettled. See Averitt v. Cloon, 796 F.2d 195, 200 n. 2 (6th Cir.1986); Matulewicz v. Governor of Michigan, 174 Mich.App. 295, 304, 435 N.W.2d 785, 789 (1989). See also, Engquist v. Livingston County, 139 Mich. App. 280, 284 n. 1, 361 N.W.2d 794, 796 n. 1 (1984).

In the past year, two other federal district courts have grappled with this issue, only to reach divergent results. See, Willoughby v. Village of Dexter, 709 F.Supp. 781 (E.D.Mich.1989) (Cohn, J. finding Toussaint inapplicable to public employment) and Merrell v. Bay County Metro. Trans. Authority, 707 F.Supp. 289 (E.D.Mich.1989) (Churchill, J., allowing a public employee to rely upon the Toussaint doctrine.) I have carefully studied the ...