Burleson v. Colbert County-Northwest Ala Health.

Decision Date25 September 2002
Docket NumberNo. Civ.A. CV00BE2926NW.,Civ.A. CV00BE2926NW.
Citation221 F.Supp.2d 1265
PartiesPhillip R. BURLESON, Plaintiff, v. The COLBERT COUNTY-NORTHWEST ALABAMA HEALTHCARE AUTHORITY, d/b/a Helen Keller Hospital and William H. Anderson, Defendants.
CourtU.S. District Court — Northern District of Alabama

Henry F. Sherrod, III, Henry F. Sherrod, III, P.C., Florence, AL, for plaintiff.

Terry Price, R. David Proctor, Donna Eich Brooks, Lehr Middlebrooks Price 7 Proctor, Birmingham, AL, for defendant.

MEMORANDUM OPINION

BOWDRE, District Judge.

This case is before the court on the Defendant's Motion for Summary Judgment filed November 15, 2001. The matter has been fully and ably briefed by both sides, and counsel presented oral arguments to the court on July 10, 2002. The issues presented by the defendants' motion involve whether candidacy for public office constitutes protected speech under the First Amendment, and, if so, whether plaintiff can establish a prima facie case of retaliation under 42 U.S.C. § 1983. Having considered the briefs, evidentiary submissions, and arguments of counsel, the court has determined that Summary Judgment is due to be granted for the reasons discussed in this opinion.

This case arose because of the discharge of plaintiff Phillip R. Burleson as part of a reduction in force ("RIF") by his employer defendant Colbert County - Northwest Alabama Healthcare Authority ("the Authority") on March 24, 2000. Defendant William H. Anderson was the Chief Executive Officer and President of the Authority who made the decision to eliminate the plaintiff's position, along with two other upper level positions. The basis of the plaintiff's complaint is that his termination was motivated by the announcement of his candidacy for a seat on the Colbert County Commission and not because of economic reasons as the defendants contend. The plaintiff's theory of the case is that his termination violated his First Amendment rights and thereby created a cause of action under 42 U.S.C. § 1983. The defendants counter that business considerations caused plaintiff's termination.

Statement of the Case

Plaintiff filed suit in the Circuit Court of Colbert County, Alabama, on September 20, 2000, pleading a violation of the Alabama Age Discrimination in Employment Act ("AADEA") against the Authority and a violation of plaintiff's First Amendment rights secured under 42 U.S.C. § 1983 against the Authority and Anderson individually. Defendants removed this case to the United States District Court for the Northern District of Alabama on October 16, 2000. On November 13, 2000, Anderson filed a motion to dismiss the § 1983 claim against him, asserting qualified immunity. Also on November 13, 2000, the Authority filed a motion to dismiss the AADEA claim as barred by the statute of limitations. Plaintiff amended his complaint on February 1, 2001, adding a claim under the federal Age Discrimination in Employment Act. Anderson renewed his motion to dismiss on August 27, 2001.1

On October 29, 2001, the court dismissed the age discrimination claims, after the parties filed a joint stipulation of dismissal as to these claims.2 Thus, the only remaining claim to be decided is the claim brought pursuant to 42 U.S.C. § 1983 for a First Amendment violation. Defendants filed their Motion for Summary Judgment on November 15, 2001.

FINDINGS OF FACT

The court's findings of fact come from the agreed facts and, where the parties could not agree, from plaintiff's version of those facts. Plaintiff, Phillip R. Burleson, was formerly employed with the Defendant Authority in Tuscumbia, Alabama, as Director of Materials Management. In 1999, the Authority was operating at a deficit as it had been for some period of time. The Board of the Authority replaced the former CEO with Anderson in November 1999, because the former CEO had not resolved the Authority's financial crises to the Board's satisfaction. The Board hired Anderson, in part, to address the financial issues facing the Authority.

Anderson concluded that the Authority should reduce expenses by cutting salaries and eliminating some positions, as long as the positions eliminated would not adversely affect patient care. At Anderson's direction, in February 2000, the senior management team began discussing positions that could be eliminated. By March 4, 2000, Anderson, with the input of the team, had chosen several positions to eliminate in a reduction in force, although final decisions were initially delayed until the end of an early retirement incentive period. Those possible positions to eliminate included, among others, Burleson's position as Director of Materials Management, and two other non-patient care management positions: Director of Corporate Compliance, held by Sandra Scarborough, and Managed Care Manager, held by William Howard. Several other positions were affected in the RIF, but were either patient care positions, non-management positions, or positions that were combined rather than eliminated.

The team listed Burleson's position to be eliminated in the RIF because he was being paid a relatively high salary, and the team believed the responsibilities of his position could be absorbed by others. In particular, Burleson's responsibilities to negotiate prices on capital equipment purchases could be absorbed by vice presidents and department managers, or possibly by an outside purchasing group.

During the same approximate time period as the team discussed the RIF, the Authority also changed its retirement program to allow employees to retire with only 25 years of service rather than 30 years as previously required. The Authority initiated this early retirement incentive on March 1, 2000, allowing employees with 25 years of service to retire by April 14, 2000, and receive additional pay and benefits as an incentive. The senior management team planned to delay initiation of the RIF until after April 14, 2000, to evaluate the economic effect of the early retirement incentive. Anderson testified that, although there "was a possibility that Mr. Burleson might not have been terminated depending on the issues about transfer and what the current needs might be based on other retirements," this "possibility" was "probably not likely."

On March 4, 2000, the management team met with the Board for a planning session or retreat. Among the issues discussed at the retreat was the RIF. Anderson informed the Board of the positions slated for elimination, including Burleson's position. The Board did not exercise any control or make any changes to the suggested positions selected for inclusion in the RIF.

At some point during the week of March 13-17, 2000, Sandra Scarborough had a discussion with Pam Patton, Director of Human Resources, and allegedly informed Patton that she had heard from another manager that she, Scarborough, was not going to be terminated in a RIF. Patton allegedly responded, "your name is on a list." According to Scarborough, Patton told her that Burleson's name was also "on the list." Scarborough allegedly told Burleson of this conversation with Patton before March 17, 2000.

On approximately March 10, 2000, Burleson qualified to run as a candidate for the Colbert County Commission. On March 19, 2000, the local newspaper, the Florence Times-Daily, ran an article on candidates for the Commission. The article described Burleson's campaign platform as "continu[ing] quality health care and supporting law enforcement." Anderson is not certain whether he ever saw the article. Anderson did know at some point in March 2000, prior to Burleson's termination, that Burleson was running for the County Commission.

On Monday, March 20, 2000, or Tuesday, March 21, 2000, Patton allegedly told Scarborough that Scarborough would be terminated on Friday, March 24, 2000. Patton did not tell Scarborough whether Burleson would also be terminated on March 24, 2000. Scarborough does not recall whether she told Burleson of this conversation with Patton.

On March 20 or 21 or 22, 2000, Burleson met with Anderson at Burleson's request.3 During the meeting, Burleson informed Anderson that he intended to support Anderson in his endeavors as the new CEO. Burleson also inquired of Anderson whether Burleson's job was going to be eliminated. Anderson told Burleson he "would let him know Friday."

Anderson testified that he believed that making Burleson wait approximately three weeks, until the end of the early retirement incentive, for an answer to his question regarding whether his position was going to be eliminated would be unreasonable. According to Anderson, Burleson's approaching Anderson on March 20 or 21 caused Anderson to speak with Board Chairman Gosney about Burleson's situation. Gosney agreed with Anderson that the RIF, as it concerned the non-patient care managers whose positions were slated for elimination, should be implemented immediately as a result of Burleson's inquiry. According to Gosney's testimony, Gosney and Anderson agreed that Anderson "should tell Mr. Burleson the truth, and the truth was that the job was being eliminated."4 The discussions between Anderson and Gosney about Burleson occurred after Anderson told Burleson that he would let him know on Friday, and before the meeting with Burleson telling him of his discharge on March 24. Gosney testified that Burleson's candidacy for the County Commission never came up in any discussion between Anderson and Gosney related to the RIF decisions. According to Anderson, because of Burleson's question, Anderson decided that he would terminate Burleson, as well as the other two non-patient-care managers, Scarborough and Howard, on Friday, March 24, 2000.

On Friday, March 24, 2000, Anderson met with all three managers individually and informed them that, because of an economically driven RIF, their positions had been eliminated and their employment with the Authority was terminated immediately. Anderson...

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2 cases
  • Sharp v. City of Palatka
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • December 20, 2007
    ...interest in seeking office, by itself is not entitled to Constitutional protection." Burleson v. Colbert County-Northwest Ala. Healthcare Auth., 221 F.Supp.2d 1265, 1273 (N.D.Ala.2002) (citing Buckley v. Valeo, 424 U.S. 1, 96 S.Ct. 612, 46 L.Ed.2d 659 (1976) (emphasis added); Bullock v. Car......
  • Jordan v. Ector County
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • February 1, 2008
    ...Carver after Carver announced her intention to run against Dennis for Dennis's office."); see also Burleson v. Colbert County-N. Ala. Healthcare Auth., 221 F.Supp.2d 1265 (N.D.Ala.2002) ("The announcement of Burleson's candidacy, standing alone (i.e., with no evidence of partisanship or opp......

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