Curtis v. Breathitt Cnty. Fiscal Court, Civil Action No. 5: 16–463–DCR
| Citation | 288 F.Supp.3d 789 |
| Decision Date | 22 January 2018 |
| Docket Number | Civil Action No. 5: 16–463–DCR |
| Parties | Mary Rebecca CURTIS, Plaintiff, v. BREATHITT COUNTY FISCAL COURT, et al., Defendants. |
| Court | U.S. District Court — Eastern District of Kentucky |
Cheryl U. Lewis, Hyden, KY, for Plaintiff.
Jonathan C. Shaw, Porter, Banks, Baldwin & Shaw, PLLC, Paintsville, KY, for Defendants.
The defendants have moved for summary judgment regarding all claims asserted by Plaintiff Mary Curtis. [Record No. 47] The defendants' motion will be granted because sovereign immunity protects Defendant Breathitt County Fiscal Court ("BCFC") from Curtis's state law claims and because Curtis has not presented sufficient proof to maintain federal constitutional claims against BCFC. And as explained more fully below, the defendants' motion will also be granted regarding all claims that Curtis has made against Defendant Mary Lois Stevens, the Breathitt County Court Clerk, and Defendant John Lester Smith, the Breathitt County Judge Executive.
Many of the relevant facts are undisputed. Curtis is the current Breathitt County Clerk having taken office in November 2016. Before assuming this role, Curtis worked in the clerk's office for over 20 years. [Record No. 56, p. 4] In late July 2015, long-time Breathitt County Clerk Tony Watts informed the BCFC that he would be retiring for health reasons. [Record Nos. 47–1, p. 5; 56, p. 4] At the time of this announcement, Curtis and three others were employed in the clerk's office. [Record Nos. 47–1, p. 5; 56, p. 4.] Curtis was serving as the chief deputy clerk under Watts. [Record Nos. 47–1, p. 5; 56, p. 4] Curtis was associated politically and affiliated with Clerk Watts. Additionally, she was his first cousin. [Record No. 56, p. 5] In his capacity as judge executive, Smith had the sole responsibility to appoint the next county clerk. [Record Nos. 47–1, p. 5; 56, p. 7] Watts asked Smith to appoint Curtis to the position; however, Smith instead appointed Harold Hutchinson in August 2015. [Record Nos. 47–1, p. 5; 56, p. 10]
After taking office, Hutchinson changed Curtis's title from chief deputy clerk to deputy clerk and did not employ a chief deputy. [Record No. 56, p. 14] On August 4, 2015, pursuant to Ordinance No. 07212015, the BCFC instituted fee polling with the clerk's office and transferred all of the employees of that office into the county's payroll system. This action made them subject to the Breathitt County Administrative Code. [Record No. 44–1] As a result, all net income and fees from the clerk's office would be paid monthly to the county treasurer instead of excess fees being paid at the end of the year. Id. The four clerk's office employees (Curtis, Martinez, Combs, and Fletcher) were appointed to the position of deputy clerk and their pay rates were set for payroll purposes. [Record No. 44–3, 44–4]
Curtis filed for the Breathitt County Clerk's position on Friday, November 6, 2015. [Record No. 56, p. 18] Hutchinson announced that he would be resigning, effective November 13, 2015. [Record Nos. 47–1, p. 5; 56, p. 18] Curtis alleges that Hutchinson told her that he could not do to her what Smith wanted. [Record Nos. 47–1, p. 5; 56, p. 16] But Hutchinson denies he ever said anything of the sort. [Record No. 44, p. 76] Smith again had the sole responsibility to appoint the next county clerk and decided to appoint Defendant Stevens rather than Curtis. [Record Nos. 47–1, p. 5; 56, p. 19]
On November 13, 2015, newly-appointed county clerk Stevens came into the office and handed Martinez, Combs, and Fletcher an envelope containing a paper offering them a position of deputy clerk. [Record Nos. 47–1, p. 6; 56, p. 19] Curtis did not receive an envelope and asked if she would be receiving one. Stevens responded in the negative, indicating that Curtis no longer had a job and that her services were no longer needed. [Record Nos. 47–1, p. 6; 56, p. 20] Curtis alleges that her termination was due to her political affiliation with former Clerk Watts. However, Stevens alleges the termination was due to budgetary reasons and because Curtis was receiving a significantly higher hourly rate than the other deputies. [Record No. 26, p. 28, lines 20–23; p. 30, lines 10–16]
Curtis asserts three state law claims, two based on 42 U.S.C. § 1983, and one based on 42 U.S.C. § 1985. [Record No. 1] She claims in Count I that she is entitled to damages for political discrimination arising from the defendants' alleged violation of Ky. Rev. Stat. § 67.710(7). Id. at 8–9. Curtis requests monetary as well as declaratory and injunctive relief in Count II for the defendants' alleged violation of sections 2 and 3 of the Kentucky Constitution. Id. at 9–10. Specifically, she seeks "full back pay and benefits, and to have her termination declared null and void." Id. at 10. Curtis also requests punitive damages and attorney fees under Count III for "State Law Wrongful Discharge." Id. at 10.
Curtis has also asserted federal constitutional claims under 42 U.S.C. § 1983. Curtis claims in Count IV that the defendants violated her Fourteenth Amendment procedural due process rights by failing to give proper notice and a hearing. Id. at 11. In Count V, Curtis seeks damages for the defendants' alleged violation of her First Amendment rights to freedom of speech and freedom of association. Id. at 11. Finally, Curtis has asserted a federal constitutional claim based on 42 U.S.C. § 1985. Id. at 12. In Count VI, she alleges that Smith and Stevens conspired and retaliated against her for her political associations, affiliations, and political expressions of speech and opinion by terminating her.
Summary judgment is appropriate when there are no genuine disputes regarding any material facts and the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a) ; see Celotex Corp. v. Catrett , 477 U.S. 317, 322–23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) ; Chao v. Hall Holding Co. , 285 F.3d 415, 424 (6th Cir. 2002). A dispute over a material fact is not "genuine" unless a reasonable jury could return a verdict for the nonmoving party. That is, the determination must be "whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law." Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 251–52, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) ; see Harrison v. Ash , 539 F.3d 510, 516 (6th Cir. 2008).
A party moving for summary judgment bears the burden of demonstrating conclusively that no genuine issue of material fact exists. CenTra, Inc. v. Estrin , 538 F.3d 402, 412 (6th Cir. 2008). Once the moving party has met his burden of production, the nonmoving party must come forward with significant probative evidence to defeat a properly supported motion for summary judgment. Chao v. Hall Holding Co. , 285 F.3d 415, 424 (6th Cir. 2002). In deciding whether to grant summary judgment, the Court views all the facts and inferences drawn from the evidence in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).
State governments are not subject to liability under § 1983. Howlett ex rel. Howlett v. Rose , 496 U.S. 356, 376, 110 S.Ct. 2430, 110 L.Ed.2d 332 (1990). However, the Supreme Court has construed "person" in § 1983 to include municipal corporations and other similar governmental entities. Id. Accordingly, BCFC and its employees are potentially liable under the statute. Nevertheless, liability is limited. Qualified immunity is still available under certain circumstances for government employees sued in their individual capacities. See Henry v. Metro. Sewer Dist. , 922 F.2d 332, 339 (6th Cir. 1990). And governmental entities are not subject to vicarious liability under § 1983 for the actions of their employees. Monell v. Dept. of Soc. Servs. , 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978).
"The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ " Pearson v. Callahan , 555 U.S. 223, 231, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (quoting Harlow v. Fitzgerald , 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982) ). Once the defense is raised, the burden is on the plaintiff to prove that the official is not entitled to immunity. Binay v. Bettendorf , 601 F.3d 640, 647 (6th Cir. 2010). Thus, viewing all the facts in a light most favorable to Curtis, the Court must determine whether she has alleged sufficient facts showing that Stevens and Smith violated her clearly-established constitutional rights. See id. Stevens and Smith are entitled to qualified immunity regarding the claims asserted in Count IV and Count V because Curtis has not shown that she was entitled to any procedural due process under the Fourteenth Amendment and has not shown that her First Amendment rights have been violated.
Curtis alleges that "she was not given an opportunity for a due process hearing prior to the termination of her employment, nor was [she] given any reason for the termination of her employment." [Record No. 1–1, ¶ 86] She contends that the defendants' violated her Fourteenth Amendment right to procedural due process based on this alleged deprivation of notice and a hearing. Id. "The requirements of procedural due process apply only to the deprivation of interests encompassed by the Fourteenth Amendment's protection of liberty and property." Bd. of Regents of State Colleges v. Roth , 408 U.S. 564, 569, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972). A government position, by itself, does not constitute a protected property interest....
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