Iglesias v. Wolford

• Decision Date: 28 September 2009
• Docket Number: No. 5:07-CV-437-D.,5:07-CV-437-D.
• Citation: 667 F.Supp.2d 573
• Parties: Sharon B. IGLESIAS, Plaintiff, v. John WOLFORD, Chief of Police of Oxford, N.C., in his official and personal capacities; Thomas Marrow, City Manager of Oxford, N.C., in his official and personal capacities; Don Jenkins, Human Resources Manager for the City of Oxford, N.C., in his official and personal capacities; and the City of Oxford, N.C., Defendants.
• Court: U.S. District Court — Eastern District of North Carolina

667 F.Supp.2d 573

Sharon B. IGLESIAS, Plaintiff, v. John WOLFORD, Chief of Police of Oxford, N.C., in his official and personal capacities; Thomas Marrow, City Manager of Oxford, N.C., in his official and personal capacities; Don Jenkins, Human Resources Manager for the City of Oxford, N.C., in his official and personal capacities; and the City of Oxford, N.C., Defendants.

No. 5:07-CV-437-D.

United States District Court, E.D. North Carolina, Western Division.

September 28, 2009.

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Charles E. Monteith, Jr., Shelli Henderson Rice, Monteith & Rice, PLLC, Raleigh, NC, for Plaintiff.

Melissa R. Davis, Cranfill Sumner & Hartzog, LLP, Raleigh, NC, Norwood P. Blanchard, III, Cranfill Sumner & Hartzog, LLP, Wilmington, NC, for Defendants.

ORDER

JAMES C. DEVER III, District Judge.

Sharon Iglesias ("Iglesias" or "plaintiff") contends that the City of Oxford, North Carolina ("City") and various City officials violated 42 U.S.C. § 1983 and North Carolina law when the City terminated her employment. Essentially, Iglesias contends that she was fired for speaking out about Chief of Police John Wolford's alleged embezzlement from a police fund designed to finance police investigations. On December 15, 2008, defendants John Wolford, Thomas Marrow, Don Jenkins (collectively "individual defendants") and the City moved for summary judgment [D.E. 30]. Plaintiff responded in opposition [D.E. 34, 36, 37], and defendants replied [D.E. 44]. As explained below, the court grants defendants' motion for summary judgment.

I.

On December 2, 1999, Iglesias began working for the City as the administrative assistant to Chief of Police Roger Paul. Iglesias Dep. 22; Iglesias Aff. ¶ 3. In her capacity as administrative assistant, Iglesias answered the telephone, greeted visitors to the Oxford Police Department ("the Department"), prepared and mailed correspondence, and provided assistance with payroll, petty cash, and other accounts. Iglesias Aff. ¶ 4. Chief Paul resigned in February 2000. Id. ¶ 3.

In approximately June 2000, the city, through City Manager Thomas Marrow ("Marrow") hired John Wolford ("Wolford" or "Chief Wolford") as Chief of Police. Marrow Dep. 27-28; see Iglesias Aff. ¶ 3; Iglesias Dep. 22-23. As Chief of Police, Wolford had access to the Drug and Alcohol Law Enforcement Special Fund ("Fund"). Wolford Dep. 32-39. The Fund contains assets from criminal forfeitures, and the Fund's only permitted use is to finance police investigations. Iglesias Aff. ¶ 5. All police officers, including Chief Wolford, were required to follow procedures with multiple means of verification before obtaining money from the Fund. See id. ¶ 6. For example, an officer wishing to withdraw money from the Fund would be required to sign a receipt evidencing the transaction, and the officer would be required to have a witness present when actually withdrawing the money. Id.

As administrative assistant to Chief Wolford, Iglesias' duties included maintaining the signed receipts from officers who had withdrawn money from the Fund. See id. ¶¶ 4, 6. In this capacity, Iglesias suspected that Wolford was embezzling money from the Fund for his own personal use. See Iglesias Dep. 58-65, 78-79, 82-93, 97-106; Iglesias Aff. ¶ 11-20. Iglesias believed that Wolford first began embezzling on or about November 16, 2001, and that he did so on seven different occasions between that date and November 26, 2003. Iglesias Aff. ¶¶ 11-20; see Defs.' Sealed Mem. in Supp. of Mot. for Summ. J. [hereinafter "Defs.' Mem."], Ex. 9. On each occasion, Wolford took money from the Fund without properly documenting his withdrawal and without having a witness present. See Iglesias Aff. ¶¶ 11-20; see Burnette Dep. 38, 47; Pl.'s Sealed Mem. in Opp. to Defs.' Mot. for Summ. J. [hereinafter "Pl.'s Mem."], Ex. K. Iglesias also noticed that Wolford made these withdrawals when she was not in the office. Iglesias Aff. ¶ 9. In total, Iglesias suspected that Wolford embezzled $940.00. See Defs.' Mem., Ex. 9; Pl.'s Mem., Ex. 91.

Iglesias told Mamie Pleasants, a records clerk in the Department, about her suspicions. Iglesias Dep. 59-60. Iglesias also raised her concerns with several other co-workers, including Detective Mark Blair, Lieutenant Glen Boyd, Officer Kevin Dickerson, Officer Lynn Curl, Dispatcher Angelia Downey, and Officer Kevin Cook. Id. at 71-77, 82-97, 108, 109. She started keeping her own "personal file," documenting each Fund transaction. See id. at 96. Iglesias did not initially report any of her concerns to Wolford's superiors. See id. at 63, 65, 75-76, 80, 108, 109. In April 2003, she did report her suspicions concerning Wolford and the Fund to City Commissioner Alice Currin. Id. at 229-30.

In July 2003, Iglesias became acquainted with Chief Wolford's now-ex wife, Susan Wolford ("Ms. Wolford"). See id. at 110-12. Ms. Wolford called Iglesias, was upset with her husband, and asked if she could come to the office and speak with Iglesias. See id. at 110. Instead, Iglesias visited Ms. Wolford in the Wolford home. Id. at 110-11. Chief Wolford was not in town at the time. Id. at 110. Ms. Wolford was crying and told Iglesias about Chief Wolford's purported marital indiscretions and other character flaws. See id. at 113-16. In March 2004, Ms. Wolford again called Iglesias. They met, and Ms. Wolford suggested that Chief Wolford was having an extramarital affair. See id. at 122-23. Iglesias and Ms. Wolford continued to confide in one another. See id. at 126-28.

In early May 2004, the Department began investigating an officer allegedly misappropriating items from the Department's property and evidence room. Id. at 55-56; see Wolford Dep. 75-76. As part of the investigation into the alleged misappropriation, the City's independent auditor, Jim Winston ("Winston"), audited the Department's funds. Iglesias Dep. 56; Iglesias Aff. ¶ 23; Wolford Dep. 79. When Winston visited the Department, Iglesias reported her concerns about Chief Wolford's alleged embezzlement from the Fund. Iglesias Aff. ¶ 23. Winston requested "copies of everything" Iglesias had regarding the Fund. Iglesias Dep. 56-57. Winston received the copies of Iglesias' personal file and promised to investigate. See id. at 58.

Winston then reported Iglesias' accusations about Chief Wolford to Marrow. Marrow Dep. 46-47. Marrow and City Attorney Tom Burnette reviewed the materials that Iglesias had provided to Winston. Id. at 49, 63; Burnette Dep. 18-20. Marrow decided that he should approach Chief Wolford directly and request any documentation that would explain how the Fund proceeds were actually used. Marrow Dep. 63; see Burnette Dep. 15-18. Before this meeting, Lieutenant Glen Boyd informed Wolford of Iglesias' allegations against him. See Wolford Dep. 80-83. On May 5, 2004, Wolford sent Marrow a memorandum explaining the reasons for the withdrawals from the Fund. Pl.'s Mem., Ex. 64.

On May 11, 2004, Marrow visited Chief Wolford in his office and requested the documentation. See Marrow Dep. 64. Wolford produced materials relating to his use of the Fund and again explained that he was purchasing information from confidential informants while investigating accusations that certain officers were protecting local drug dealers. See id. at 64, 70-74; cf. Pl.'s Mem., Ex. 64. Marrow was satisfied with Wolford's explanation. See Marrow Dep. 70-75. During his visit to the Department, Marrow did not speak directly with Iglesias. Id. at 78.

On May 13, 2004, Chief Wolford met with Iglesias. Iglesias Aff. ¶ 26; Iglesias Dep. 212-13. Captain Bob Williamson was present. Iglesias Aff. ¶ 26. Wolford told Iglesias that sharing her concerns with the external auditor (Winston) was appropriate but that sharing the information with coworkers in the Department (such as Officer Jason Tingen) was a breach of confidentiality. Wolford Dep. 94-95; see Iglesias Aff. ¶ 26. Wolford shared with Iglesias his reason for the withdrawals from the Fund, that is, to investigate whether any City police officers were protecting drug dealers. See Iglesias Aff. ¶ 26; Iglesias Dep. 241-42; cf. Pl.'s Mem., Ex. 66. Wolford also instructed her not to eavesdrop on his conversations. See Wolford Dep. 94-95.

On May 17, 2004, Iglesias wrote Chief Wolford a letter in response to the May 13, 2004 meeting. Defs.' Mem., Ex. 34. In her letter, Iglesias recognized the need for confidentiality in the Department and expressed her concern about the recent alleged corruption in the Department. Id. She then asked Wolford not to "memo this perceived `breach of confidentiality' to [her] employee file, based on the grounds that [she] was unaware of [Wolford's] internal investigation and the sensitivity of it, and in fact, was only doing [her] job." Id. She also expressed her disappointment that Chief Wolford might not trust her. Id. As to the eavesdropping, she denied doing it but did admit that she occasionally overheard conversations when Wolford raised his voice. Id. Finally, Iglesias' letter addressed the rumors circulating in the Department about Wolford's personal life. Id. She expressed regret about knowing certain things about his personal life but denied spreading rumors. Id.

On May 17, 2004, Wolford orally reprimanded Iglesias and issued a written warning to her. Defs.' Mem., Ex. 33; see Iglesias Dep. 240; Iglesias Aff. ¶ 28. On May 18, 2004, Iglesias appealed the written warning to Marrow. Defs.' Mem., Ex. 35; see Iglesias Dep. 243-44. On May 25, 2004, Iglesias received a response letter from Marrow, which denied her appeal regarding her written warning from Wolford. Iglesias Dep. 244.

In June 2004, Iglesias contacted Frank Strickland ("Strickland"), who was then Chief of Police for Meredith College in Raleigh, for assistance with her concerns regarding Wolford. Iglesias Aff. ¶ 30; Iglesias Dep. 140-41; Strickland Aff. ¶¶ 3, 10-11. Strickland had previously criticized Wolford, including during...