Bradley v. Computer Sciences Corp., 78-1893

• Decision Date: 13 March 1981
• Docket Number: No. 78-1893,78-1893
• Parties: John H. BRADLEY, Appellant, v. COMPUTER SCIENCES CORPORATION, et al., Appellees.
• Court: U.S. Court of Appeals — Fourth Circuit

Page 1029

643 F.2d 1029

John H. BRADLEY, Appellant, v. COMPUTER SCIENCES CORPORATION, et al., Appellees.

No. 78-1893.

United States Court of Appeals, Fourth Circuit.

Argued June 4, 1980.

Decided March 13, 1981.

Urban A. Lester, Washington, D. C. (Richard N. Bagenstos, Alvord & Alvord, Washington, D. C., on brief), for appellant.

George P. Williams, U. S. Atty., Alexandria, Va., Paul F. Sheridan, Arlington, Va. (Siciliano, Ellis, Sheridan & Dyer, Arlington, Va., on brief), for appellees.

Before HARRY PHILLIPS, Senior Circuit Judge, ^* and RUSSELL and WIDENER, Circuit Judges.

WIDENER, Circuit Judge:

This case arises from the removal of plaintiff-appellant, John Bradley, from his civil service position. Bradley was an electronics engineer in the Defense Communications Agency (DCA). Bradley's complaint alleges several wrongs by the defendants (his former superiors, a government contractor, and its employees), and he appeals from an adverse judgment below. We affirm.

Bradley was assigned to prepare a report for the Joint Chiefs of Staff on security procedures for an intercomputer communications network. Since the defendant Computer Sciences Corporation (CSC) had a contract with the Defense Communications Agency dealing with the same subject matter and the necessary expertise, it agreed to provide assistance required to prepare the report. Defendants Kepler and Hollander are employees of CSC. After some delay, CSC provided informal technical notes in handwritten form which Bradley put in typed form with no change in content, noted authorship by CSC, and submitted to the Joint Chiefs. The Joint Chiefs found the report generally unsatisfactory.

CSC wrote a letter, dated 3 March 1976, to Bradley's superiors in the DCA. The letter complained that Bradley "misrepresented" the intent of the notes produced by CSC. Several months later, Bradley received an Official Reprimand based, in part, on the charges in the CSC letter. The reprimand was signed by Bradley's supervisor, defendant Bialick. Defendant Champaign is the Chief of the appropriate division of the DCA, and several years earlier had written memoranda critical of Bradley.

In May 1977, Bradley was given a Warning Notice of Unsatisfactory Performance (May 4th), a Notice of Denial of Within-Grade Salary Increase, and a Notice of Proposed Removal from his position. In June 1977, he received a memorandum of the agency's decision to remove him from his position, and he instituted an appeal to the Civil Service Commission on July 15, 1977 of his removal on July 1st.

Bradley filed his complaint in the district court in March 1978. According to the plaintiff, the issues before that court were: (1) harassment, defamation, and intentional infliction of emotional distress on the part of defendants Bialick and Champaign, resulting in, among other things, the removal of plaintiff from a testing program in which he had participated, culminating in the letter of May 4, 1977 which was a warning notice of unsatisfactory performance; (2) libel in the form of the letter of March 3, 1976 on the part of CSC and its employees Hollander and Kepler in which they complained to Bradley's superiors about his performance of duty; (3) libel against Bialick and Champaign, Bradley's superiors, in the form of the official reprimand dated July 13, 1976, which includes republication of the letter of March 3, 1976 from CSC to Bradley's superiors; (4) a conspiracy among all the defendants to injure the appellant. ¹

At the close of plaintiff's case, the district court granted motions for a directed verdict on behalf of all defendants.

It ruled that the March 3, 1976 letter from CSC was qualifiedly privileged, which privilege was not abused; that the evidence was insufficient to support the other charges; and that, in all events, the government defendants were immune. ²

As noted, the district court applied the Barr v. Mateo doctrine of immunity to the libel cause of action based on the Letter of Reprimand prior to trial and as to the balance of the case against the government defendants at the close of plaintiff's case. In directing verdicts for Champaign and Bialick, the court ruled:

Even were the governmental defendants not otherwise immune, as I feel they are, this (sic) just isn't any evidence of the type of conspiracy that 1985, subsection 1 talks about.

But the government defendants are entitled to a directed verdict for a more basic reason, aside from the insufficiency of the evidence. They are immune. Barr v. Mateo is very much alive and Butts v. Economou makes that quite clear.

There is no allegation here of a violation of a constitutional right. There is no evidence of any exceeding by the governmental defendants of their statutory authority.

This is no more than a common law tort of conspiracy or of intentional infliction of emotional distress.

Consequently, these defendants are immune because what they did was well within the outerperimeters (sic) of their authority ...

Plaintiff concedes that he did not plead a constitutional violation and does not argue that the government defendants acted beyond the scope of their authority. Indeed, every act with which the government defendants have been charged is within the scope of their duties. Therefore, the district court ruled correctly that the federal officials are immune because it is

important that officials of government should be free to exercise their duties unembarrassed by the fear of damage suits in respect of acts done in the course of those duties suits which would consume time and energies which would otherwise be devoted to governmental service and the threat of which might appreciably inhibit the fearless, vigorous, and effective administration of policies of government.

Barr v. Mateo, 360 U.S. 564, 571, 79 S.Ct. 1335, 1339, 3 L.Ed.2d 1434 (1959). Accord Spalding v. Vilas, 161 U.S. 483, 16 S.Ct. 631, 40 L.Ed. 780 (1896).

The trial court applied the doctrine of qualified privilege to the CSC letter of March 3rd about which Bradley complains. That letter, sent to Bradley's superiors, was openly critical of Bradley's use of the CSC-provided technical notes.

The right to petition for redress of grievances, as protected by the First Amendment, is among the liberties safeguarded by the Bill of Rights. Bradley concedes that complaints about government officials may be qualifiedly privileged because

presenting complaints to responsible government officials about the conduct of their subordinates with whom the complainer has had official dealings is analogously central to the protections of the right to petition.

Stern v. United States Gypsum, Inc., 547 F.2d 1329, 1342-43 (7th Cir. 1977), cert. den., 434 U.S. 975, 98 S.Ct. 533, 54 L.Ed.2d 467 (1977). It is true that the subject of the grievance at issue here is not political, in the sense of a reference to policy issues. It is also true that the grievance may have been motivated by financial self-interest, and that the complainer may have been aware of and pleased by the prospect of injury resulting to the official complained of (Bradley). However, public criticism of governmental policy, government operations, and...