Eldridge v. Bouchard

• Decision Date: 31 October 1985
• Docket Number: Civ. A. No. 85-0042-A.
• Citation: 620 F. Supp. 678
• Parties: G.J. ELDRIDGE, et al., Plaintiffs, v. Ronald A. BOUCHARD, et al., Defendants.
• Court: U.S. District Court — Western District of Virginia

620 F. Supp. 678

G.J. ELDRIDGE, et al., Plaintiffs, v. Ronald A. BOUCHARD, et al., Defendants.

Civ. A. No. 85-0042-A.

United States District Court, W.D. Virginia, Abingdon Division.

October 31, 1985.

Robert M. Galumbeck, Tazewell, Va., for plaintiffs.

W.A. McFarlane, L.L. Hopkins, Jr., Malcolm R. West, Asst. Attys. Gen., Richmond, Va., for defendants.

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

This case is before the court on defendants' motion to dismiss pursuant to Fed.R. Civ.P. 12(b)(6) and/or motion for summary judgment, Fed.R.Civ.P. 56, and on defendants' recent motion to abstain. Plaintiffs brought this action seeking declaratory and injunctive relief and monetary damages against the named defendants jointly and severally as individuals and in their official capacities. Plaintiffs bring this action pursuant to 42 U.S.C. §§ 1981, 1983, 1985, and 1988 and the Fourteenth Amendment to the United States Constitution, and invoke the jurisdiction of this court under 28 U.S.C. § 1343. For the reasons stated below, this court overrules defendants' motion to abstain; overrules the motion for summary judgment as to plaintiffs' § 1983 claim; and grants summary judgment for defendants on the § 1985(3) claim. Venue is proper in this court.

I.

The one hundred thirty-three plaintiffs in this action are or have been troopers for the Virginia State Police in Division Four. The state is divided into seven geographical regions known as divisions. The basis for plaintiffs' suit is that troopers in Northern Virginia's Seventh Division are paid a salary differential in addition to their base pay while troopers in the Fourth Division in Southwestern Virginia do not receive any salary differential to supplement their base pay. The crux of plaintiffs' argument is that the decision to pay the salary differential only to those troopers in Division Seven is arbitrary, without any rational relationship to legitimate state interests and as such is an unconstitutional denial of their rights to equal protection and due process under the Fourteenth Amendment, and that defendants' actions violate §§ 1983 and 1985(3). (In Plaintiffs' Brief in Opposition to Motion to Dismiss and/or for Summary Judgment at page 9, they stated that the complaint alleges violations of only §§ 1983 and 1985(3).)

Defendants point to the fact that the Virginia General Assembly, by Joint Resolution in 1973, authorized a private firm to conduct a study of salaries paid to state employees compared to salaries of private sector employees in comparable occupations. Based on the results of this study, it was determined that salaries in Northern Virginia were generally higher than those in Southwestern Virginia. The decision to pay the salary differential to Northern Virginia State Troopers was premised on the theory that it was necessary in order for the state to effectively compete for qualified personnel with the private security agencies in the area. It was determined that troopers in Division Seven should be paid a differential which would make their salaries on a par with the salaries paid to employees of private security agencies. The intended effect was to keep troopers from leaving state employment in order to work with the higher paying private security agencies. The defendants specifically stated that this differential was not based on cost of living. (Brief Supporting Motion to Dismiss and/or Summary Judgment, p. 2.).

II.

The issue is whether the defendants arbitrarily and without legislative authorization paid an unjustified salary differential only to Northern Virginia state troopers in Division Seven. The dispute centers around the geographical classification of state troopers in light of state statutes concerning the salary to be paid to all state troopers, as state employees, and the justification and implementation of the practice of paying the differential only to Division Seven troopers. The defendants have raised three major points: lack of subject matter jurisdiction; failure to state a claim upon which relief can be granted, and improper venue. Their main arguments are that the Eleventh Amendment bars this suit and that plaintiffs have made only conclusory and insufficient allegations.

Because the parties have submitted materials in addition to their pleadings, this court will treat defendants' preliminary motion as one for summary judgment. See Gay v. Wall, 761 F.2d 175 (4th Cir.1985). Upon a motion for summary judgment the moving party has the burden of clearly establishing the lack of any triable factual issue. See 6-Pt. 2 Moore's Federal Practice ¶ 56.156 (2d ed. 1985). Pursuant to Rule 56, the court will examine the pleadings, affidavits and other materials in a light more favorable to the nonmoving party. This court must determine whether defendants have demonstrated that there are no genuine issues of material fact involved thus entitling them to judgment as a matter of law, or whether there is a genuine need for trial.

III.

Before addressing the motion for summary judgment, this court will dispose of defendants' motion to abstain and request to stay this action pending resolution in state court of issues allegedly involving clarification of state law. Defendants maintain that abstention is the proper course for this court to follow based on the Pullman doctrine and similar cases. This court does not disagree with the law cited by defendants, however, this case involves neither the interpretation of ambiguous state statutes nor pending state court or administrative proceedings.

In Stewart v. Hunt, 598 F.Supp. 1342, 1348-49 (E.D.N.C.1984), a district court recently summarized the three generally recognized categories of abstention as articulated in Railroad Comm'n of Texas v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941), Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), and Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed. 1424 (1945). The court stated that the Pullman doctrine applies "where there are federal constitutional issues which might be mooted by state court determination of relevant state law.... The state issue must exhibit the qualities of uncertainty and ambiguity ... Pullman abstention is inappropriate when the most important issues of law presented are federal, not state issues." (citations omitted). Under Younger abstention comity is the central concern and "abstention was held to be appropriate only where: (1) there was a pending state proceeding (2) which was criminal in nature and (3) no unusual circumstances counseling against abstention were present." (The Younger doctrine has been modified to cover civil actions, but only where ongoing state proceedings are initiated before any proceedings on the merits have taken place in federal court. Hawaii Housing Authority v. Midkiff, 467 U.S. 229, 104 S.Ct. 2321, 81 L.Ed.2d 186 (1984).) The third type of abstention, enunciated in Burford, "applies when there exists (1) a state created regulatory scheme which would be disrupted by federal court review and (2) a specially created forum with specialized competence in that particular area."

The Fourth Circuit addressed the issue of abstention this summer in Browning-Ferris, Inc. v. Baltimore County, Maryland, 774 F.2d 77 (4th Cir.1985). In that case BFI, owner-operator of a landfill, complained that county and state officials had arbitrarily and capriciously refused to renew the disposal permit for its privately owned landfill and sought relief under § 1983. The district court applied the doctrine of abstention announced in Burford and refused to hear the case. In affirming, the Fourth Circuit pointed out that there were pending state administrative proceedings that had been initiated by the state in order to deny BFI a permit. The court stated that the Burford requirement that a complex state regulatory scheme be involved in order for a district court to abstain was sufficiently present in this case, and "... despite BFI's attempt to characterize the suit as a mere contract case, the federal court of necessity would become involved in the complexities of state land use control." In the case at bar, plaintiffs have pointed out that state law does not afford them the means for resolving disputes about wages or salaries. See Va. Code § 2.1-114.5:1.B(i) (1985) (nongrievable complaint committed solely to managerial discretion for resolution).

In Cox v. Planning Dist. I Community Mental, Etc., 669 F.2d 940, 943 (4th Cir. 1982), the district court dismissed the action because plaintiff had petitioned the state court to stay enforcement of an arbitration award on the same day he had filed action in federal court. Agreeing that abstention was warranted, the Fourth Circuit pointed out that the status of Virginia law regarding an arbitration award was unsettled. However, it directed the district court to reinstate the case on its docket and stay the action pending disposition of the state court proceedings.

Plaintiffs, here, do not attack the validity of any Virginia statute, nor do they request this court to interpret any statute dealing with salaries of state employees. It is well established under Virginia law that before a court is justified in construing a statute, the statute must be unclear and ambiguous. "Virginia clings tenaciously to the proposition that when a statute is clear and unequivocal, general rules for statutory construction have no application." Dennis v. County Board of Rappahannock County, 582 F.Supp. 536, 540 (W.D.Va.1984). Plaintiffs have put in issue only defendants' actions pursuant to Va.Code §§ 2.1-114.2.B, 2.1-114.5.B, and 2.1-114.6 and have not questioned the plain meaning of these statutes. There being no dispute concerning state law, this court would not be intruding into a matter traditionally committed to the state's jurisdiction.

Applying these principles to the case at bar, this court finds abstention is not warranted and,...