Doggrell v. City of Anniston

• Decision Date: 29 September 2017
• Docket Number: Case No.: 1:16–CV–0239–VEH
• Citation: 277 F.Supp.3d 1239
• Parties: Josh DOGGRELL, Plaintiff, v. CITY OF ANNISTON, ALABAMA, a Municipality, and Brian Johnson, Individually and in His Official Capacity as City Manager of the City of Anniston, Alabama, Defendants.
• Court: U.S. District Court — Northern District of Alabama

277 F.Supp.3d 1239

Josh DOGGRELL, Plaintiff,

v.CITY OF ANNISTON, ALABAMA, a Municipality, and Brian Johnson, Individually and in His Official Capacity as City Manager of the City of Anniston, Alabama, Defendants.

Case No.: 1:16–CV–0239–VEH

United States District Court, N.D. Alabama, Eastern Division.

Signed September 29, 2017

Kenneth Shinbaum, McPhillips Shimbaum & Gill LLP, Montgomery, AL, for Plaintiff.

Bruce J Downey, IV, The Downey Law Firm LLC, Anniston, AL, for Defendants.

MEMORANDUM OPINION

VIRGINIA EMERSON HOPKINS, United States District Judge

I. INTRODUCTION AND PROCEDURAL HISTORY

On January 8, 2016, Plaintiff Josh Doggrell ("Mr. Doggrell") initiated this lawsuit in the Circuit Court of Calhoun County against the City of Anniston (the "City") and Brian Johnson, individually and in his official capacity as the City Manager ("City Manager Johnson").¹ (Doc. 1–3). Mr. Doggrell's complaint contains two counts. (Doc. 1–3 at 8–10 ¶¶ 31–37).² Count I asserts violations of Mr. Doggrell's state and federal constitutional rights of freedom of speech, association, assembly and religion. (Doc. 1–3 at 8–9 ¶¶ 31–35) against both Defendants. Count II asserts a violation of the Alabama Religious Freedom Amendment ("ARFA") against both Defendants. (Doc. 1–3 at 9–10 ¶¶ 36–37).

Defendants removed the action to federal court on February 11, 2016, on the basis of federal question over Count I and supplemental jurisdiction over Count II. (Doc. 1 at 2–3 ¶¶ 3–4). On December 2, 2016, Defendants moved for summary judgment (doc. 11) (the "Motion"). The parties have supported and opposed the Motion. (Docs. 12–15, 22–23, 26). For the reasons set out below, the Motion is due to be granted.

II. FACTUAL BACKGROUND³

Mr. Doggrell was first employed by the City of Anniston's Police Department ("APD") in April 2006. AF No. 1.1.⁴ He was promoted in July 2010 to the position of Sergeant, and he was promoted again in January 2013 to the position of Lieutenant. AF No. 1.2.

Mr. Doggrell became a member of the League of the South in 1995 while he was a student at the University of Alabama. AF No. 2.1. He remained a member of the organization through July 2015. AF No. 2.2.

Michael Hill ("Mr. Hill") is the President of the League of the South and has been since its foundation in 1994. AF No. 3.1. Mr. Hill is also the organization's primary spokesperson. AF No. 3.2. He has actual authority from the League of the South's Board of Directors to utilize the organization's website to communicate ideas, beliefs and principles on its behalf. AF No. 3.3. He also has "carte blanche" authority to link from his Facebook page and Twitter account to the League of the South's website. AF No. 3.4.

The League of the South's stated purpose is "to advance the cultural, social, economic, and political well-being and independence of the southern people by all honorable me[a]n[s]." AF No. 4.1. According to its President, the League of the South considers the "southern people" to be white people of southern heritage. AF No. 4.2. Black southerners are not eligible to be included within its concept of the "southern people." AF No. 4.3.

For most of his adult life, Mr. Doggrell was a firmly committed member of the League of the South. AF No. 5.1. In March 2009, Mr. Doggrell started a local chapter of the League of the South in Calhoun County, Alabama. AF No. 5.2. The Anniston Star published an article about his formation of the local chapter. AF No. 5.3. Mr. Doggrell asked the Anniston Star's reporter not to identify him as an Anniston police officer. AF No. 5.4. Mr. Doggrell made this request to the reporter because he wanted to minimize any controversy for APD. AF No. 5.5. Shortly thereafter, the City received a citizen's complaint criticizing Mr. Doggrell's involvement in the League of the South and requesting an investigation into the matter. AF No. 6.

Former Anniston Police Chief John Dryden ("Former Police Chief Dryden"), who was interim City Manager at the time, issued a memorandum in response to the citizen's request. AF No. 7.1. In the memorandum, Former Police Chief Dryden acknowledged that a member of APD was also a member of the League of the South and asserted that the City's investigation "revealed no violations of any kind that action could be taken on." AF No. 7.2. In reaching this conclusion, Former Police Chief Dryden specifically noted that the APD officer—Mr. Doggrell—"in no way affiliated his employment with the City to his membership with this organization." AF No. 7.3.

After the City's 2009 investigation into Mr. Doggrell's involvement with the League of the South, the APD warned Mr. Doggrell to be very careful. AF No. 8.1. Mr. Doggrell confirmed that he was careful not to mix his association in the League of the South with the APD. AF No. 8.2.

In 2013, Mr. Hill invited Mr. Doggrell to speak at the League of the South's Annual National Conference that was being held in Wetumpka, Alabama. AF No. 10.1. Mr. Hill wanted Mr. Doggrell to address the relationship between local police and the League of the South and the recruitment of police officers to the organization. AF No. 10.2.

Mr. Doggrell accepted the invitation and gave a speech at the League of the South's 2013 National Conference entitled "Cultivating the Good Will of Peace Officers." AF No. 11.1. Mr. Doggrell believed that he had to identify himself as a police officer in order to have credibility to speak on the subject. AF No. 11.2.

Prior to beginning his speech, Mr. Doggrell was introduced as living in the community of Saks in Anniston, Alabama. (Doc. 12–31 at 2).⁵ Mr. Doggrell submitted a biography in connection with his speech indicating that he had been a peace officer in his home city/county for sixteen years. AF No. 12.2; (see also Doc. 12–23 at 1 (attaching flyer detailing speakers scheduled for 2013 Annual League of the South National Conference)).

Mr. Doggrell's speech included the following statements:

• "[I]t was wonderful to go by there and show my bosses all the radicals that I was cavorting with on the weekends." (Doc. 12–31 at 5);

• "It's wonderful to be around sanity...it's good to be among people who think like I do for a change, even if it's just for a weekend. We are working on getting more of those people around our way of thinking." (Id. at 7);

• "Now, it is not easy being a League of the South member either ...It can be hard. And let me tell you, we had a city council member who could be best described as a small-town Jessie Jackson. We began our chapter in 2009. And there was an internal investigation [launched] against this cop who had founded a local hate group. And I was cleared for that, and hopefully won't have to put up with that again. And that city councilman, by the way, has been voted out of office as well. So there are—In my department, they have been very supportive of me. I have somehow, been promoted twice since I have been there. So these folks are not necessarily always against us. I want to leave you with that impression. (Doc. 12–31 at 8–9, 9–10);

• "Calhoun County has several police agencies. I work at Anniston, which I'll go ahead and go on record. Nothing I say here today is necessarily the views of the Anniston Police Department. I speak only as an individual and not an employee of that agency." (Id. at 13);⁶ • "The vast majority of men in uniform are aware that they are Southerners and kith and kin comes before illegal national mandates." (Id. at 23);

• "You may ask how many police officers I have recruited to the League. Well, not many...But continuously, like Dr. Hill said last night in our state meeting, it is a grind...Some of those same people who said ten years ago were telling me how crazy I was, this week are telling me, ‘I am this close to where you are at.’ Okay? We have got to keep working on that and stay the course." (Id. at 23, 24);

• "[Police officers] are the kind of people we will need in this kind of organization. These are the successful ones that can be counted on to be a warrior in the battles to come." (Id. at 33);

• "[B]y the way, Wayne. But Wayne Brown is here, a lieutenant at the Anniston Police Department. He accompanied me to a meeting in Cullman; and on the way there, he was asking me, he said, ‘What is the magic bean,’ as he put it, ‘that would arouse our people to see exactly what was happening to them and how necessary the step of secession is?’ And I told him I considered that, not only a good question but perhaps the million dollar one: What will it take? We see all this, and we still see the zombies walking around accepting it. What—What would it take?" (Doc. 12–31 at 39);

• "By and large, our lawmen of Southern justice are good people with good intentions. They are just as susceptible to being swayed to our side and our views as any other southerner, and I would say even more so." (Id. at 41);

• "I went through that internal investigation and was cleared. The department I work at has been very supportive about that. They are not all on board, now, but they have been very supportive. They are just—They are like other southerners. They have that fear of taking this step. What's it going to do to me? What's it going to do to my job?...It's the same thing. They are southerners just like others. (Id. at 48–49, 49); and

• "Everybody in here, something starts swirling back around about it. You know, "This guy works at the police department, founder of a local hate group." And I went in and told the chief last year, I said..., "Is there anything you want to ask me?" I said, "I promise you that whatever I do I want to exercise good judgment about it. I am not going to sell out my position with a league of something that I believe in strongly. If it came down to it, I would choose the League." And I said, "Is there anything you want to ask me? He said, "You just answered every question I have." And he even said this. He said, "We pretty much think like you do." They are just—They are like everybody else you come into contact with that's not here

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