Denius v. Dunlap & Sadler

• Decision Date: 11 April 2000
• Docket Number: No. 99-1402,99-1402
• Citation: 209 F.3d 944
• Parties: (7th Cir. 2000) Ronald C. DENIUS, Plaintiff-Appellant, v. Wayne DUNLAP and Gary Sadler <A HREF="#fr1-1" name="fn1-1">1 , Defendants-Appellees
• Court: U.S. Court of Appeals — Seventh Circuit

Page 944

209 F.3d 944 (7th Cir. 2000)

Ronald C. DENIUS, Plaintiff-Appellant, v. Wayne DUNLAP and Gary Sadler¹, Defendants-Appellees.

No. 99-1402

In the United States Court of Appeals For the Seventh Circuit

Argued January 6, 2000

Decided April 11, 2000

Appeal from the United States District Court for the Central District of Illinois, Urbana Division. No. 97-C-2088--Harold A. Baker, Judge. [Copyrighted Material Omitted]

[Copyrighted Material Omitted]

[Copyrighted Material Omitted]

Before Coffey, Flaum and Kanne Circuit Judges.

Flaum, Circuit Judge.

Ronald Denius filed suit against Wayne Dunlap in his individual and official capacity as director of the Lincoln Challenge Program ("LCP") seeking injunctive, declaratory and monetary relief under 42 U.S.C. sec.sec. 1983 and 1988. Denius alleges that Dunlap violated his constitutional rights when Dunlap refused to renew his employment contract. The district court granted summary judgment in favor of the defendant on qualified immunity grounds. For the reasons stated herein, we affirm in part and reverse and remand in part.

I. BACKGROUND

The LCP is an eighteen-month program for 16 to 18 year old high school dropouts located on the premises of the now-closed Chanute Air Force Base. Students participating in the LCP live on campus for the first five months of the program and then live off campus for the remainder of the program under the supervision of mentors. The LCP uses a military training method with the goal of teaching "life skills" instead of military skills and has as its objective that all participants obtain a GED. By 1996, the LCP had two 400 student classes each year. In 1996, the LCP received 100 percent of its funding from the federal government but was administered by the State of Illinois. Students who have felony convictions are not eligible to participate in the LCP.

In 1993, Wayne Dunlap, an Army colonel, became the director of the LCP. Dunlap retired from the Army in 1994 but continued to serve as director of the LCP, becoming an employee of the State of Illinois.

Ronald Denius is a retired Air Force technical sergeant who has earned two bachelor's degrees and a master's degree. At the time he retired from the Air Force, Denius had a "top secret" security clearance. In March 1994, Denius began work as a teacher at the LCP under a three-month contract that was to last until the end of that school year. Denius taught math, science, social studies, language arts and writing skills. Denius did not carry a weapon or have any duties beyond those of a typical teacher.

On July 1, 1994, Denius signed a two-year contract to continue teaching at the LCP. At this time, he signed a release form that authorized the LCP to perform a criminal background check and collect his educational records (the "1994 Release"). This release did not contain a time limitation. Criminal background checks were performed on the initial group of LCP instructors in 1994, but no further criminal background checks were performed on LCP personnel until 1996.

In July of 1996, Denius was offered the opportunity to renew his teaching contract with the LCP provided he sign an Authorization for Release of Personal Information ("Authorization"). This Authorization required Denius to consent to the release of considerably more confidential information than provided in the 1994 Release. LCP Director Dunlap had acquired the Authorization from Captain John Moraitis of the Illinois State Police who informed Dunlap that the Authorization was used by the police for background checks of gubernatorial candidates and applicants for employment with the State Police. Moraitis suggested that Dunlap consult an attorney before using the Authorization at the LCP, but Dunlap did not heed this advice.

The Authorization provided in pertinent part:

For the period of one year from the execution of this form I ________, do hereby authorize a review of and full disclosure of all records concerning myself to any duly authorized agent of the Lincoln Challenge Program, whether the said records are of a public, private or confidential nature.

The intent of this authorization is to give my consent for full and complete disclosure of records of educational institutions; financial or credit institutions, including records of loans, the records of commercial or retail credit agencies (including credit reports and/or ratings); and other financial statements and records wherever filed; records maintained by the National Personnel Records Center, the U.S. Veteran's Administration, and County, State or Federal Law Enforcement Agencies; employment and pre-employment records, including background reports, efficiency ratings, complaints or grievances filed by or against me and the records and recollections of attorneys at law, or of other counsel, whether representing me or another person in any case, either criminal or civil, in which I presently have, or have had an interest.

. . . I also certify that any person(s) who may furnish such information concerning me shall not be held accountable for giving this information; and I do hereby release said person(s) from any and all liability which may be incurred as a result of furnishing such information. I further release the Lincoln Challenge Program from any and all liability which may be incurred as a result of collecting such information.

Denius signed the 1996 employment contract but refused to sign the Authorization. Dunlap told Denius that his contract was not valid unless he signed the Authorization. Denius attempted to resume his teaching responsibilities on August 2, 1996, the beginning of the school term for that year. When he did so, Dunlap informed Denius that he could not be employed by the LCP unless he signed the Authorization, and he asked Denius to leave the LCP premises. Denius's refusal to sign the Authorization was the sole reason his employment contract with the LCP was not renewed.

At the time he required Denius to sign the Authorization, Dunlap did not intend to use it for any purpose other than to perform a routine criminal background check because the LCP did not have the funds to perform a more thorough background investigation. If the LCP had possessed the funds, Dunlap would have conducted a more extensive background check. However, Dunlap did not tell Denius that he only intended to use the Authorization for a routine criminal background check.

Denius filed suit under 42 U.S.C. sec.sec. 1983 and 1988 asserting that Dunlap had violated his constitutional rights under the First, Sixth and Fourteenth Amendments by refusing to renew his employment contract unless he signed the Authorization. Denius sought injunctive, declaratory and monetary relief. The district court granted summary judgment in favor of Dunlap, finding that Dunlap was entitled to qualified immunity for all of the claims brought by Denius. Denius now appeals.

II. DISCUSSION

A. Standard of Review

The district court granted summary judgment to the defendant and denied summary judgment to the plaintiff. We review a district court's summary judgment decisions de novo. See Henderson v. Sheahan, 196 F.3d 839, 848 (7th Cir. 1999). In conducting our evaluation, we view all evidence in the light most favorable to the non-moving party and draw all reasonable inferences in that party's favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986).

B. Monetary Relief

The district court concluded that Denius's suit for monetary damages was barred because Dunlap was protected by qualified immunity. Denius argues that the district court erred in reaching this conclusion.

1. Qualified Immunity

The doctrine of qualified immunity is an affirmative defense to allegations that a state official violated the constitutional rights of a plaintiff. Siegert v. Gilley, 500 U.S. 226, 231 (1991); Harlow v. Fitzgerald, 457 U.S. 800, 815 (1982). This defense is available only to state officials who occupy positions with discretionary or policymaking authority, and it protects those individuals solely when they are acting in their official capacity. Harlow, 457 U.S. at 816. These officials "are shielded 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." Harlow, 457 U.S. at 818; see Wilson v. Layne, 119 S.Ct. 1692, 1696 (1999); Anderson v. Creighton, 483 U.S. 635, 638 (1987).

To evaluate a claim of qualified immunity, we engage in a two-step analysis. First, we determine whether the plaintiff's claim states a violation of his constitutional rights. Then, we determine whether those rights were clearly established at the time the violation occurred. See Wilson, 119 S.Ct. at 1697; Khuans v. School Dist. 100, 123 F.3d 1010, 1013 (7th Cir. 1997). If the rights were clearly established, the official may be liable for monetary damages and the suit proceeds to the next stage. If the rights were not clearly established, then the official is immune from suit and the claim is dismissed. See Richardson v. McKnight, 521 U.S. 399, 403 (1997) ("[A] legal defense may well involve 'the essence of the wrong,' while an immunity frees one who enjoys it from a lawsuit whether or not he acted wrongly."). Because the doctrine of qualified immunity should not stand as an impediment to the clarification and evolution of a court's articulation of constitutional principles, we evaluate the constitutionality of the official's conduct even though, in the end, he may not be held liable for monetary damages flowing from that conduct. See Wilson, 119 S.Ct. at 1697 ("Deciding the constitutional question before addressing the qualified immunity question . . . promotes clarity in the legal standards for official conduct, to the benefit of both the officers and the general public."); County of Sacramento v. Lewis, 118 S.Ct. 1708, 1714 n.5 (1998).

It is the plaintiff's burden to demonstrate the...