Medlin v. City of Algood
| Decision Date | 11 May 2020 |
| Docket Number | No. 19-5862,No. 19-5866,19-5862,19-5866 |
| Parties | JUSTIN MEDLIN, Plaintiff-Appellant, v. CITY OF ALGOOD, TENNESSEE; GARY HARRIS, in his official and individual capacity; KEITH MORRISON, in his official and individual capacity, Defendants-Appellees. VAUGHAN LARSON, Plaintiff-Appellant, v. CITY OF ALGOOD, TENNESSEE; SCOTT BILBREY, in his official and individual capacity; KEITH MORRISON, in his official and individual capacity, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Sixth Circuit |
HELENE N. WHITE, Circuit Judge. In these consolidated cases, plaintiffs Vaughan Larson and Justin Medlin appeal the dismissal of their claims, brought under 42 U.S.C. § 1983, alleging that defendant City of Algood, Tennessee (the City) violated their constitutional rights when it terminated their employment with the City. We affirm.
Larson and Medlin met through their employment with the City. The two began a relationship and exchanged explicit messages over Facebook. Medlin was also engaged in romantic or sexual relationships with several other city employees, including City Councilwoman Jennifer Green. When Medlin sent a nude photo of himself to a cousin of the Algood police chief, the City began an investigation into Medlin's conduct and searched his electronic devices. The City concluded that Medlin was using a city-provided cellular service to send and receive sexually explicit messages and images. The City suspended Medlin pending an investigation, and he subsequently resigned. By a vote of the city council, Larson's employment was also terminated.
Larson and Medlin both claim that they held a property interest in their continued employment and that the City and its officials denied them due process. Larson claims as well that her property interest in her good name and reputation was damaged by the mayor's statements to the press. Medlin additionally claims that the termination of his employment was retaliation for the exercise of his rights to free speech and intimate association.
In 2011, Vaughan Larson was appointed to the position of Algood city recorder by the city council. In this role, her duties "included attending all city council meetings, initial meetings, maintenance of the minutes, ordinances, book, financials, accounts payable, payroll, and anything else the city council or city manager might ask." Larson R. 79, PID 1329; L.R. 81, PID 1491 (case 2:17-cv-00079 ("L.R.")). Larson also worked as the city clerk, which involved maintaining city citations and the city court docket. During the relevant period, Larson's supervisor was Keith Morrison, the city manager. Larson testified that her understanding was that she did not have an employment contract with the City and that no one ever told her that she did.
Justin Medlin worked as a police officer and detective for the City of Algood. During the relevant period, Gary Harris served as the police chief and oversaw personnel decisions in the police department, including discipline and firing. Like Larson, Medlin testified that nobody ever told him that he had a contract of employment with the City.
The charter of the City of Algood states that the city recorder is an "officer of the city" to be elected by the city council. L.R. 74-6, PID 915. The charter also includes provisions regarding the removal of certain officials:
Section 2.17. Mayor, Council Members, and Other Officials May Be Removed from Office by Council. Be it further enacted, that the mayor or any council member or any city official may be removed from office by the city council for the conviction of any crime in office or for grave misconduct showing unfitness for public service, or for permanent disability, by a majority vote of the other members of the city council voting for such removal. The proceedings for such removal shall be upon specific charges in writing, which, with a notice stating the time and place of the hearing, shall be served upon the accused, or published for three (3) consecutive weeks in a newspaper published or circulated in Algood. The hearing shall be public and the accused shall have the right to appear and defend in person or by counsel and have process of the city council to compel the attendance of witnesses on his behalf.
L.R. 74-4, PID 758. In May of 2015, Larson signed a "Receipt of Rules and Regulations Acknowledgement" which stated, "this document is not a contract of employment, and I do not consider it as such." Medlin R. 54-1, PID 328-30, 372 (case 2:17-cv-00080 ("M.R.")). As city recorder, Larson prepared an ordinance for the city council in 2016 that adopted changes to the City's "Personnel Rules and Regulations Employee Handbook." M.R. 54-1, PID 326-32, 372. The handbook laid out a process for disciplining and terminating city employees, including "advance written notice containing the nature of the proposed action" and "the right to a pre-termination appeal hearing." L.R. 74-4, PID 767-68. In another provision, the handbook disclaimed the creation of a contract:
This is not an employment contract. This document is a statement of current policies, practices, and procedures. These personnel policies, rules, and regulations shall be reviewed periodically. The City reserves the right to change any or all such policies, practices, and procedures in whole or in part at any time, with or without notice to employees.
M.R. 54-1, PID 373. City employees who are not city council members or city officials are subject to discipline pursuant to the handbook.
Medlin testified that while he was employed by the City, he engaged in sexual activity with six women, including Larson and Councilwoman Green. Larson testified that she exchanged nude photos with Medlin on several occasions. Larson also testified that she knew Medlin "had a City phone." L.R. 44-1, PID 245. It is undisputed that Larson and Medlin "never engaged in any sexual activity . . . while either of them was on duty or working." L.R. 79, PID 1332-33; L.R. 81, PID 1494. It is also undisputed that "Larson was not aware from which device Justin Medlin was sending sexual photographs." L.R. 79, PID 1335; L.R. 81, PID 1496. Larson testified that any pictures they exchanged were sent through Facebook Messenger exclusively.
According to Medlin, Police Chief Harris gave him the cell phone and told him that he had personally paid for it. Medlin was aware, however, that the service on the phone was provided by the City. The parties do not dispute that Medlin owned the cell phone or that the cellular service was paid for by the City.
Harris testified that in early January 2017, he received a nude picture of Medlin from his cousin that had been sent by Medlin. Harris then met with Morrison and "discussed trying to figure out if [the picture] came from a City phone." L.R. 74-5, PID 876. Harris later confronted Medlin, suspended him from work, and took his phone. Harris then had the phone forensicallyexamined. Harris later came to believe that Medlin was involved in a plot against him and that another Algood officer, Lieutenant Terry Lindsay, wanted Harris's job.
Morrison testified that in or around January 2017, he met with Harris, who showed him the picture of Medlin's penis that had been forwarded to Harris. Medlin was later placed on administrative leave and the City began an investigation and searched several of Medlin's electronic devices.
In his declaration, Lindsay stated that Harris was suspicious of Medlin and believed "Medlin had too much power and influence over the Algood city council." L.R. 74-7, PID 988. Three or four months before Medlin left the police department, Harris told Lindsay that he wanted to get rid of Medlin "because he had 'too much power.'" Id. at 989. Lindsay stated that several months prior to the termination of Medlin's employment, Morrison instructed officers "not to consort with Algood city council members." Id. at 989.
Harris testified that he believed Medlin was particularly close to Councilwoman Carolyn Norris, whom Medlin called "mom." L.R. 74-5, PID 862; L.R. 79, PID 1366; L.R. 81, PID 1525. It is undisputed that Medlin and Norris knew each other for five to six years. The two spoke daily about both personal and city business, including meeting agendas, and frequently about Harris, his appointment as the chief of police, and the termination of that employment. Harris also testified that Medlin was close to Councilwoman Jennifer Green. Bilbrey testified that he became aware that Medlin was having an affair with Councilwoman Green after the investigation.
According to Medlin, he was called into a meeting with Harris in which Harris produced a photo that Medlin had sent to Harris's cousin on Facebook. Harris then informed Medlin that Morrison had instructed Harris to send Medlin home. Medlin's attorney later contacted the City's attorney and scheduled a termination hearing. Medlin acknowledged that he had a right to thehearing, to representation by counsel, to testify, to offer evidence, to question adverse witnesses, and to appeal an adverse result. Medlin, however, resigned before the hearing because he believed he would be fired regardless. Medlin testified that the City permitted him to resign so that he could be paid out for sick days, vacation days, and comp time, which he would not have received had he been terminated. On February 10, 2017, Medlin sent a letter to the city attorney, which stated, in part:
I have never received a written statement of the allegations against me or the basis for my administrative suspension, so I cannot specifically respond to any charge or allegation other to deny there would be any just reason or cause for my termination. Nonetheless, I believe I have no other option other to resign, which I hereby tender in this letter.
Michael Giaimo,...
To continue reading
Request your trial