Ingram v. Moody, 78-308

Citation382 So.2d 522
Decision Date14 March 1980
Docket NumberNo. 78-308,78-308
PartiesHarold INGRAM v. C. W. MOODY et al.
CourtSupreme Court of Alabama

Frank W. Riggs, Montgomery, for appellant.

William B. Moore, Jr. and James T. Upchurch, III, of Rushton, Stakely, Johnston & Garrett, Montgomery, for appellees.

ALMON, Justice.

This is an appeal by Ingram from a judgment of the circuit court granting a directed verdict for the defendants.

Ingram was an employee of the State Forestry Commission. In May of 1977 he filed suit for damages against C. W. Moody, individually and as State Forester of the State of Alabama; Richard Cumbie, individually and as communications chief of the Forestry Commission, and all the members of the State Forestry Commission.

The complaint alleged that:

(3) Without just cause and excuse, the Defendants have heretofore wilfully and maliciously harassed Plaintiff, deprived him of his liberty, and have unlawfully interfered with Plaintiff's right to pursue his chosen means of earning a livelihood. . . .

(4) As a proximate result and consequence of the wilful and malicious acts of the Defendants, as aforesaid, Plaintiff has been injured and damaged in that he has been deprived of his right to pursue his chosen profession and to enjoy the benefits thereof, and will in the future be caused to lose earnings from his employment, his reputation has been damaged, he has been caused much physical and mental anguish, he has been caused to suffer from hypertension, he has been and will in the future be caused to incur medical expenses, and he has been otherwise damaged.

(5) Defendants have individually performed the wrongful acts complained of herein and, further, have conspired with each other to damage Plaintiff as hereinabove described.

(6) Plaintiff claims punitive damages.

WHEREFORE Plaintiff claims damages as aforesaid.

In April of 1978, Moody sent Ingram notice that his employment was being terminated. The reasons given by Moody for termination were: (1) Ingram's continuous failure to respond to supervision; (2) Ingram's failure to recuse himself from the Telecommunications Board when the Alabama Forestry Commission's new radio system was discussed; and (3) his failure to accomplish work assigned. Ingram chose to retire and his discharge never became effective.

Ingram had been employed by the state since 1950 as a communications technician. He was chief of communications for a time, and was responsible for the operation and maintenance of the entire communications system of the department, which is used primarily to aid in suppressing forest fires. The system in use until 1973 was the "county unit" system.

In 1973 the State Forester appointed a committee to study a new communications system known as a "system concept." Ingram was strongly opposed to the proposed new system. R. L. Snider, Ingram's supervisor at the time, asked him to devise a plan for the new system. Ingram did so despite his strenuous objection. It is manifestly clear from the record that a large part of the controversy centered around who would get their way regarding whether the department would retain the old communications system or change to the new system.

It is clear that Ingram felt his supervisors had treated him badly. Conversely, his supervisors were of the opinion that Ingram was not doing his job properly and that he failed to respond to supervision. In view of our decision there is no need to state the facts in more detail.

It is somewhat difficult to determine the cause, or causes, of action Ingram is relying upon for recovery. He has not alleged that his employment was wrongfully terminated. It is inferable from the facts that he retired to prevent being terminated. Ingram's retirement prevented him from pursuing the administrative remedies provided for in Code 1975, § 36-26-27. Had he not retired and had his termination become effective, and had he pursued his administrative remedies, he might have been reinstated. The law will not speculate on the result of a hearing which was never held.

We are of the opinion that Ingram has failed to prove any facts which would entitle him to relief under any cause of action recognized under state law. Simpson v. Van Ryzin, 289 Ala. 22, 265 So.2d 569 (1972), Fraternal Ord. of Police, Strawberry L. $ 40 v. Entrekin, 294...

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4 cases
  • Harrah v. Leverette
    • United States
    • Supreme Court of West Virginia
    • October 7, 1980
    ...of Southampton, 374 Mass. 475, 373 N.E.2d 1128 (1978); Rosacker v. Multnomah County, 43 Or.App. 583, 603 P.2d 1216 (1979); Ingram v. Moody, Ala., 382 So.2d 522 (1980); Adler v. Los Angeles Unified School Dist., 98 Cal.App.3d 280, 159 Cal.Rptr. 528 (1979); Tyler v. Whitehead, Mo.App., 583 S.......
  • Mitchem v. Melton, 15136
    • United States
    • Supreme Court of West Virginia
    • May 12, 1981
    ...of Southampton, 374 Mass. 475, 373 N.E.2d 1128 (1978); Rosacker v. Multnomah County, 43 Or.App. 583, 603 P.2d 1216 (1979); Ingram v. Moody, Ala., 382 So.2d 522 (1980); Adler v. Los Angeles Unified School Dist., 98 Cal.App.3d 280, 159 Cal.Rptr. 528 (1979); Tyler v. Whitehead, Mo.App., 583 S.......
  • Terrell v. City of Bessemer
    • United States
    • Supreme Court of Alabama
    • August 27, 1981
    ...U.S. 1, 100 S.Ct. 2502, 65 L.Ed.2d 555 (1980); Martinez v. California, 444 U.S. 277, 100 S.Ct. 553, 62 L.Ed.2d 481 (1980); Ingram v. Moody, 382 So.2d 522 (Ala.1980). On the other hand, by bringing action in United States District Court, the plaintiff was faced with the uncertainty that that......
  • Maldonado v. Nebraska Dept. of Public Welfare
    • United States
    • Supreme Court of Nebraska
    • August 1, 1986
    ...of the district court's reviewing a state agency administrative decision. In support of their position defendants cite Ingram v. Moody, 382 So.2d 522 (Ala.1980). In Ingram the Alabama Supreme Court held that when the petition fails to allege an action under § 1983 and the record before the ......

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