Franzwa v. City of Hacensack

• Decision Date: 03 July 2008
• Docket Number: Civil No. 06-3739 (JRT/RLE).
• Citation: 567 F.Supp.2d 1097
• Parties: Eugene FRANZWA, Plaintiffs, v. CITY OF HACKENSACK, Erick Hedren, Larry Ciha, and Ron Johnston, Defendants.
• Court: U.S. District Court — District of Minnesota

567 F.Supp.2d 1097

Eugene FRANZWA, Plaintiffs, v. CITY OF HACKENSACK, Erick Hedren, Larry Ciha, and Ron Johnston, Defendants.

Civil No. 06-3739 (JRT/RLE).

United States District Court, D. Minnesota.

July 3, 2008.

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COPYRIGHT MATERIAL OMITTED

Michael C. Mahoney, Mahoney Anderson LLC, Wayzata, MN, Thomas A. Foster, Thomas A. Foster & Associates, Ltd, Minneapolis, MN, for plaintiff.

Susan Steffen Tice, Jessica E. Schwie, and Pierre N. Regnier, Jardine, Logan & O'Briend, PLLP, Elmo, MN, for defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION

JOHN R. TUNHEIM, District Judge.

The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Raymond L. Erickson, dated May 28, 2008, all the files and records, and no objections having been filed to said Report and Recommendation.

Based upon the Report and Recommendation of the Magistrate Judge, and all of the files, records and proceedings herein, IT IS HEREBY ORDERED that defendants' Motion for Summary Judgment [Docket No. 24] is granted.

REPORT AND RECOMMENDATION

RAYMOND L. ERICKSON, United States Chief Magistrate Judge.

I. Introduction

This matter came before the undersigned United States Magistrate Judge pursuant to a special assignment, made in accordance with the provisions of Title 28 U.S.C. § 636(b)(1)(B), upon the Defendants' Motion for Summary Judgment. A Hearing on the Motion was conducted on January 31, 2008, at which time, the Plaintiff appeared by Michael C. Mahoney, Esq., and the Defendants appeared by Pierre N. Regnier, Esq. For reasons which follow, we recommend that the Defendants' Motion be granted.

II. Factual and Procedural Background

This is an action brought under Title 42 U.S.C. § 1983 by a member of the City Council (the "Council") of the City of Hackensack, Minnesota (the "City"), who claims that his constitutional rights were violated when he was removed from his position on the Council based upon allegations that he was not a resident of the City. See, Complaint, Docket No. 1. In addition to his constitutional claims, the Plaintiff alleges that he was defamed by Erick Hedren ("Hedren"), who is the Mayor of the City, and by Council members Larry Ciha ("Ciha"), and Ron Johnston ("Johnston") (collectively, the "Individual Defendants"), in retaliation for his political views, and that the Individual Defendants violated an "Open Meeting Law" by holding secret meetings to discuss the removal of the Plaintiff from office.

According to the Plaintiffs Complaint, although he has always maintained a legal residence in the City, in May of 2005, he purchased a second residence in Mountain Home, Arkansas, which was erroneously classified as his "homestead" by the authorities in Baxter County, Arkansas. Id. at ¶¶ 13-16. The Plaintiff claims that, in April of 2006, the Defendants discussed using the Plaintiffs Arkansas homestead as a pretext for his removal from the Council, id. at ¶¶ 21-22, and intentionally, failed to investigate allegations that had been made concerning the homestead status of the Plaintiffs Arkansas residence. Id. at ¶¶ 27-36.

The Complaint further alleges that, at a Council meeting on May 1, 2006, Hedren falsely accused the Plaintiff of violating the law, by serving on the Council while failing to maintain a household in the City, and that the Council voted to remove the Plaintiff as a member, based upon its belief that he was not a legal resident of the City.¹ Id. at ¶¶ 20, 38-39. According to the Plaintiff, Hedren and the other Defendants also made defamatory statements, concerning the Plaintiff, to the local news media, and further defamed him by removing him from his position on the Council. Id. at ¶¶ 45-50. The Plaintiff was eventually returned to his seat on the Council, after he challenged his removal. Id. at ¶ 51.

On August 27, 2007, the Plaintiff brought a Motion to Amend his Complaint in order to seek punitive damages, see, Docket No. 11, which we denied by Order dated January 2, 2008, see, Docket No. W, and that decision was affirmed by Order of the District Court, the Honorable John R. Tunheim presiding, dated April 17, 2008. See, Docket No. 55.

On November 11, 2007, the Defendants filed a Motion for Summary Judgment, see, Docket No. 24, which the Plaintiff opposes.

III. Discussion

A. Standard of Review. Summary Judgment is not an acceptable means of resolving triable issues, nor is it a disfavored procedural shortcut when there are no issues which require the unique proficiencies of a Jury in weighing the evidence, and in rendering credibility determinations. See, Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Midwest Oilseeds, Inc. v. Limagrain Genetics Corp., 387 F.3d 705, 711 (8th Cir.2004), cert. denied, 544 U.S. 977, 125 S.Ct. 1860, 161 L.Ed.2d 728 (2005). Summary Judgment is appropriate when we have viewed the facts, and the inferences drawn from those facts, in a light most favorable to the nonmoving party, and we have found no triable issue. See, Eide v. Grey Fox Technical Servs. Corp., 329 F.3d 600, 604 (8th Cir.2003); Philip v. Ford Motor Co., 328 F.3d 1020, 1023 (8th Cir.2003); United Fire & Casualty Co. v. Garvey, 328 F.3d 411, 413 (8th Cir.2003). For these purposes, a disputed fact is "material" if it must inevitably be resolved and the resolution will determine the outcome of the case, while a dispute is "genuine" if the evidence is such that a reasonable Jury could return a Verdict for the nonmoving party. See, Anderson v. Liberty Lobby, Inc., 411 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Planned Parenthood of Minnesota/South Dakota v. Rounds, 372 F.3d 969, 972 (8th Cir.2004); Fenney v. Dakota, Minnesota & Eastern R.R. Co., 327 F.3d 707, 711 (8th Cir.2003)

As Rule 56(e) makes clear, once the moving party files a properly supported Motion, the burden shifts to the nonmoving party to demonstrate the existence of a genuine dispute. In sustaining that burden, "an adverse party may not rest upon the mere allegations or denials of the adverse party's pleading, but the adverse party's response, by affidavit or as otherwise provided in this Rule, must set forth specific facts showing that there is a genuine issue for trial." Rule 56(e), Federal Rules of Civil Procedure; see also, Anderson v. Liberty Lobby, Inc., supra at 256, 106 S.Ct. 2505; Eddings v. City of Hot Springs, Ark., 323 F.3d 596, 602 (8th Cir.2003).

Moreover, the movant is entitled to Summary Judgment where the nonmoving party has failed "to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp. v. Catrett, supra at 322, 106 S.Ct. 2548; see also, Forest Park II v. Hadley, 408 F.3d 1052, 1057 (8th Cir.2005); Mercer v. City of Cedar Rapids, 308 F.3d 840, 843 (8th Cir.2002); Hammond v. Northland Counseling Center, Inc., 218 F.3d 886, 891 (8th Cir.2000). No genuine issue of fact exists in such a case because "a complete failure of proof concerning an essential element of the nonmoving party's case necessarily renders all other facts immaterial" Celotex Corp. v. Catrett, supra at 323, 106 S.Ct. 2548; see also, Sallis v. University of Minnesota, 408 F.3d 470, 474 (8th Cir. 2005); Davis v. U.S. Bancorp, 383 F.3d 761, 768 (8th Cir.2004); Bell Lumber and Pole Co. v. United States Fire Ins. Co., 60 F.3d 437, 441 (8th Cir.1995).

B. Legal Analysis. The Defendants seek Summary Judgment on all of the Plaintiffs claims. We address each claim separately.

1. The Plaintiff's Section 1983 Claims. In his Complaint, the Plaintiff alleges violations of his rights under the First, Fifth, and Fourteenth Amendments. In his responsive Memorandum, the Plaintiff explains that he is not alleging an Equal Protection violation,² but argues that he had a property right to remain on the Council, and that the Defendants violated his right to Due Process by holding a Hearing on his termination without affording him prior notice. In addition, the Plaintiff claims that, as a result of his suspension from the Council, he was deprived of his First Amendment right of free speech, and association, as an elected official.

a. Due Process. The (Defendants argue that Summary Judgment is appropriate since the Plaintiff cannot establish a violation of his Due Process rights for the following reasons: 1) because he has an adequate remedy under State law; 2) because he did not have a property right to serve as an elected official; 3) because he was given notice and an opportunity to rebut the allegations against him; and 4) because the Defendants' actions did not "shock the conscience," or cause any injury to the Plaintiff.

The Defendants argue, first, that the Plaintiff had an adequate remedy under State law, and that, therefore, the Court lacks jurisdiction to hear his Due Process claim. Specifically, the Defendants claim that, pursuant to the Parratt/Hudson doctrine, any adverse Council decisions must first be challenged in a State District Court through a Quo Warranto proceeding, or through a Writ of Prohibition.

In Hudson v. Palmer, 468 U.S. 517, 533, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984), the Supreme Court held that "an unauthorized intentional deprivation of property by a state employee does not constitute a violation of the procedural requirements of the Due Process Clause of the Fourteenth Amendment if a meaningful postdeprivation remedy for the loss is available." See also, Parratt v. Taylor, 451 U.S. 527, 538-44, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), overruled on other grounds, Daniels v. Williams, 474 U.S. 327, 106 S.Ct. 662, 88 L.Ed.2d 662 (1986). Our Court of Appeals has observed that the Parratt/Hudson doctrine applies to both procedural and substantive due process claims. See, Ali v. Ramsdell, 423 F.3d 810, 814 (8th Cir. 2005); see also, Skinner v. Missouri, 215 Fed.Appx. 555 (8th Cir.2007); Weimer v. Amen, 870 F.2d 1400, 1406 (8th Cir.198...