Darnell v. Ford, 89-1809
| Decision Date | 22 June 1990 |
| Docket Number | No. 89-1809,89-1809 |
| Parties | William DARNELL, Appellee, v. Col. John H. FORD, Appellant. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Theodore A. Bruce, Jefferson City, Mo., for appellant.
Mark T. Kempton, Sedalia, Mo., for appellee.
Before ARNOLD, Circuit Judge, HEANEY, Senior Circuit Judge, and BOWMAN, Circuit Judge.
The Missouri State Highway Patrol (Patrol) disciplined William Darnell for withholding information regarding stolen Patrol property. Darnell brought suit claiming that a Patrol Major, John Ford, who recommended the discipline, did so because Darnell opposed Ford's candidacy for Patrol Superintendent. He contended that Ford's actions violated his First Amendment right to free speech. The jury found for Darnell and awarded him substantial damages. The district court modified the award and directed that Darnell be reinstated. When the Patrol reinstated Darnell to a position other than that of a commander of a troop, the district court reinstated the damage award in its entirety. We affirm the district court's decision with the exception of its reinstatement of the damage award. We direct that Darnell be reinstated to the position of commander of a troop.
On April 14, 1988, in response to a rumor, Lt. Col. Fisher of the Patrol phoned Darnell to ask him if he knew anything about property missing from a construction site within Darnell's area as Captain and Troop Commander. Darnell said that he was told several weeks earlier by a low-level subcontractor that a Captain Lubker, a Patrol administrator in charge of construction, had taken an air compressor. Fisher took this information to Superintendent Howard Hoffman of the Patrol. Hoffman initiated an investigation of Lubker. Subsequently, Lubker retired with full benefits. 1
Turning to Darnell's failure to report Lubker's misappropriation, Ford, having been delegated the matter by Hoffman, determined that Darnell should be disciplined, relying on General Order III-1-20A of the Highway Patrol, which states that members shall "Report promptly any acts knowingly committed or permitted by members or employees that are violations of law, rule, regulation, policy or order." 2 In his decision, Ford relied on the phone conversation and an interview with Darnell in both of which Darnell admitted that he made a conscious decision not to pursue the matter because he believed that the equipment stolen was simply "junk" and that it was a matter for central administration. Ford recommended that Darnell be demoted and transferred.
Upon being informed of the Patrol's intention, Darnell asked for a board hearing under RSMo. Sec. 43.150. His request for a formal board hearing was denied because he was not "removed" from the Patrol. Instead, the Patrol asserted that Darnell's remedy was General Order V-16-104, which permits a member of the Patrol the right to appeal to the Superintendent if he or she feels a disciplinary measure is unfounded, unjust, or unfair. Darnell met with Superintendent Hoffman. After that meeting, Hoffman decided that Darnell would be demoted from his position as Troop B Commander and transferred at his own expense.
Darnell brought the instant action. His amended complaint alleged that Ford and Hoffman acted together and in concert to deny Darnell (1) procedural due process, (2) substantive due process, and (3) the right to engage in political activity and expression.
On a motion for summary judgment, the district court held that Darnell was entitled, for purposes of procedural due process, to a board hearing. The court relied on Hughes v. Whitmer, 714 F.2d 1407 (8th Cir.1983).
At the same time, the district court overruled four motions in limine by Ford that sought to prohibit Darnell from (1) litigating whether Ford and Hoffman allegedly failed to follow certain rules or regulations, (2) trying to relitigate whether or not Darnell was actually guilty of the disciplinary charges, (3) presenting evidence of a wiretap generated sometime after the discipline, and (4) trying to allege that others within the Patrol were also guilty of violations for failing to report misappropriation.
At trial, Darnell asserted that both Ford 3 and Hoffman were responsible for the discipline given to Darnell and that their motive for the discipline was Darnell's opposition to Ford as Superintendent. Because no direct evidence existed showing this to be their motive, Darnell relied on circumstantial evidence to prove motive. First, Darnell and several witnesses testified to the existence of animosity between Darnell and Ford over their respective ambitions to move up in the ranks of the Patrol. Second, several members of the Patrol testified that Ford and Hoffman knew of other Patrol members who either committed violations or knew of Patrol members who had committed violations but that neither Ford nor Hoffman recommended or ordered any discipline. Third, the air compressor that Lubker allegedly misappropriated was valued at only $25. 4
Finally, Darnell alleged that others in the Patrol, who knew of the Lubker incident, were not disciplined because of their allegiance to Ford. Darnell's theory was that the discipline was intended to "tar" Darnell and Fisher because they were political rivals of Ford.
Both Ford's and Hoffman's theory on the merits was that they were unaware that Darnell supported Ford's opponent. Therefore, their motive could not be as Darnell alleged. They also disputed the claims of several of Darnell's witnesses, particularly those claims related to whether other violations by Patrol members went undisciplined. Furthermore, they argued that they acted in accordance with Patrol rules and that the discipline resulted solely from Darnell's failure to inform the Superintendent of the theft. 5
At the end of the trial, the district court reversed its earlier decision on Darnell's procedural due process claim and held that the defendants were entitled to qualified immunity. 6 It also dismissed all claims against Hoffman pursuant to a motion by Darnell.
The court then submitted two counts against Ford to the jury: a substantive due process violation for "recommending" discipline and a First Amendment violation for "recommending" discipline. The court also submitted a damage form that asked the jury to determine the amount of damages for (1) lost salary, (2) lost future salary, (3) lost retirement benefits, and (4) "other damages." The jury found for Darnell on both counts and awarded $2,002.44 for lost wages, $30,000 for lost future wages, $41,723 for lost retirement benefits, and $400,000 for "other damages."
Following the verdict, Darnell moved that he be reinstated to the position of Troop B Commander at the rank of Captain. Ford requested a JNOV, or a new trial. He also requested that the $400,000 award for "other damages" be remitted.
The district court ordered Darnell's reinstatement to the rank of Captain. The court also reduced the award of "other damages" from $400,000 to $50,000 because that award exceeded the limits of fair and just compensation and vacated the award for future lost salary and retirement benefits because Darnell was reinstated. Darnell v. Ford, No. 88-4468-cv-c-5, Order at 9 . Finally, the district court granted Ford JNOV on the substantive due process claim. The court reasoned that this claim was not "clearly established" in the law, and therefore Ford was protected under the doctrine of qualified immunity.
The Patrol reinstated Darnell to the rank of Captain. It did not, however, make him a commander of a troop. Instead, it established a new position, Director of Research and Information Division. The Patrol provided Darnell an office next to the boiler room in the basement of the headquarters building. Darnell immediately objected on the grounds that the Patrol's actions did not comply with the district court's order. Darnell requested that the original $400,000 award for "other damages" be reinstated. The district court reinstated the award because it believed that it had granted Ford's motion for remittitur on the expectation that Darnell would be reinstated as a Troop Commander. 7 Ford appeals.
Ford raises several evidentiary questions relating to Darnell's procedural due process claim. The crux of his argument is that the district court erred when it did not permit Ford to put forward evidence showing that Darnell was not entitled to a board hearing. He argues that this determination was based on the district court's "absurd reading" of this Court's prior ruling in Hughes v. Whitmer, 714 F.2d 1407 (8th Cir.1983) and the district court's failure to apply Loudermill v. Cleveland Board of Education, 470 U.S. 532, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985). Because the district court subsequently held that Darnell could not recover under his procedural due process claim, 8 the only issue here is whether Ford was unfairly prejudiced because the district court prevented Ford from presenting evidence showing that Darnell was not entitled to a board hearing. 9
We do not agree that sufficient prejudice to warrant reversal occurred. The evidence presented at trial showed that only Hoffman, and not Ford, could order a board hearing. It also showed that Ford had no knowledge of what process the Patrol afforded Darnell, implying that this was a matter for someone else. Finally, nothing in the record on appeal indicates that the jury based its verdict on Ford's failure to give Darnell a board hearing. In sum, the exclusion of evidence showing that Darnell was not entitled to a board hearing did not give rise to substantial prejudice.
Ford argues that state officials should be absolutely immune from liability for...
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