Oladeinde v. City of Birmingham

• Decision Date: 16 October 2000
• Docket Number: No. 98-6665,98-6665
• Citation: 230 F.3d 1275
• Parties: (11th Cir. 2000) Valinda F. OLADEINDE, Patricia L. Fields, Plaintiffs-Counter-Defendants-Appellees- Cross-Appellants, v. BIRMINGHAM, CITY OF, a municipal corporation, Defendant-Counter-Claimant- Appellant-Cross-Appellee, Richard Arrington, individually and in his capacity as Mayor of the City of Birmingham, Defendant-Counter-Claimant, Arthur Deutsch, individually and in his capacity as Provisional Captain of Administrative Vice-Narcotics Division, Julius Walker, individually and in his capacity as Provisional Captain of Administrative Vice-Narcotics Division, Defendants-Appellants-Cross-Appellees, R. L. Webb, individually and in his capacity as Provisional Captain of Internal Affairs Division, Defendant.
• Court: U.S. Court of Appeals — Eleventh Circuit

Page 1275

230 F.3d 1275 (11th Cir. 2000)

Valinda F. OLADEINDE, Patricia L. Fields, Plaintiffs-Counter-Defendants-Appellees- Cross-Appellants, v. BIRMINGHAM, CITY OF, a municipal corporation, Defendant-Counter-Claimant- Appellant-Cross-Appellee, Richard Arrington, individually and in his capacity as Mayor of the City of Birmingham, Defendant-Counter-Claimant, Arthur Deutsch, individually and in his capacity as Provisional Captain of Administrative Vice-Narcotics Division, Julius Walker, individually and in his capacity as Provisional Captain of Administrative Vice-Narcotics Division, Defendants-Appellants-Cross-Appellees, R. L. Webb, individually and in his capacity as Provisional Captain of Internal Affairs Division, Defendant.

No. 98-6665.

United States Court of Appeals, Eleventh Circuit.

October 16, 2000.

October 26, 2000

[Copyrighted Material Omitted]

[Copyrighted Material Omitted]

[Copyrighted Material Omitted] Appeals from the United States District Court for the Northern District of Alabama. 9no. 91-00196-CV-AR-S), William M. Acker, Jr., Judge.

Before BIRCH, BARKETT and ALARCON^*, Circuit Judges.

ALARCON, Circuit Judge:

Former Police Chief Arthur Deutsch and Captain Julius Walker appeal from the denial of their motions for a judgment as a matter of law filed pursuant to Rule 50 of the Federal Rules of Civil Procedure. The Rule 50 motions were filed by Chief Deutsch and Captain Walker following the jury's verdict awarding damages to the plaintiffs, Valinda F. Oladeinde ("Sergeant Oladeinde") and Patricia Fields ("Officer Fields"), in this 28 U.S.C. 1983 civil rights action. Chief Deutsch and Captain Walker contend, inter alia, that the evidence produced at trial demonstrated that the action should have been dismissed pursuant to the defense of qualified immunity. They also assert that the district court improperly allowed the jury to determine whether the plaintiffs engaged in any protected speech.

The City of Birmingham ("the City") appeals from the district court's order granting Sergeant Oladeinde's motion for injunctive relief and requiring the City to promote her. The City maintains that the injunctive relief ordered by the district court was contrary to the jury's factual findings in its special verdict.

Sergeant Oladeinde cross-appeals from the judgment entered against her on the City's counterclaim for breach of implied contract. She argues that the judgment resulted from improper jury instructions and argument.

We reverse the denial of Chief Deutsch's and Captain Walker's motions for judgment as a matter of law because we conclude that the plaintiffs' speech was not protected under the First Amendment. We reverse the order requiring the City to promote Sergeant Oladeinde because her First Amendment rights were not violated. We affirm the judgment against Sergeant Oladeinde for breach of implied contract because any error in the jury instructions or argument was harmless.

I FACTUAL BACKGROUND

A.Events that Occurred Prior to January 4, 1991

Officer Fields became a member of the Birmingham Police Department ("BPD") in June of 1970 as a citation officer. Her initial assignment was to issue citations for parking meter violations. In 1972, she was promoted to the position of police officer and assigned to patrol duty. In March 1989, Officer Fields was assigned to the Administrative Vice-Narcotics Unit ("Narcotics Unit"). Her team leader was Sergeant Oladeinde.

Sergeant Oladeinde joined the BPD in July of 1981. In November of 1985, she was promoted to sergeant and assigned to the Narcotics Unit. Sergeant Oladeinde and Officer Fields were assigned to the Organized Crime Drug Enforcement Task Force ("Task Force"). The Task Force consisted of local, state, and federal officers whose mission was to investigate drug trafficking, money laundering, crimes of violence and firearms violations.

Beginning in 1988, Sergeant Oladeinde and Officer Fields were told by informants that certain drug traffickers had suspicious contacts with city officials and officers of the BPD. Sergeant Oladeinde filed a written report in 1988 with her commanding officer setting forth alleged improper conduct of several BPD officers.

In the summer of 1989, Sergeant Oladeinde participated in a meeting with members of the Federal Bureau of Investigation and the United States Attorney's Office. Also present was Captain R.L. Webb ("Captain Webb") of the BPD Internal Affairs Division ("IAD").¹ The purpose of the meeting was to discuss police corruption. The BPD representatives requested federal resources and manpower to investigate allegations from informants that BPD police officers were extorting money from drug dealers.

As a team leader, Sergeant Oladeinde was responsible for funds to be used by officers in her group to purchase drugs in undercover operations. In the latter part of 1989, Sergeant Oladeinde discovered that she could not account for some of these funds. She reported this problem to her commanding officers. An internal audit was conducted in January of 1990. The audit disclosed that Sergeant Oladeinde could not account for $4,484 expended between March 1, 1986 and December 31, 1989.

As a result of the internal audit, the BPD requested that the auditors from the City's Internal Audit Division examine the Narcotic Unit's records. On February 21, 1990, Sergeant Oladeinde discovered that one of the city's auditors, Mitchell Smith ("Smith"), was "on deferred prosecution for drugs." Sergeant Oladeinde reported to the commander of the Narcotics Unit, Captain Johnnie Johnson, that Smith had access to records containing the names of confidential informants. At Captain Johnson's request, Smith was removed from the audit of the Narcotics Unit's records. The City's Internal Audit Division determined that Sergeant Oladeinde failed to account for $2,056 in BPD funds. Sergeant Oladeinde testified that she could not explain what happened to this money. On advice of its counsel, the City did not write a letter to Sergeant Oladeinde at that time to request that she repay the money.

On May 10, 1990, Officer Nicholas Mazzarella filed a complaint alleging widespread corruption in the Narcotics Unit. Chief Deutsch ordered the IAD to question more than a dozen officers including Sergeant Oladeinde. On May 21, 1990, Sergeant Oladeinde and Captain Webb went to the United States Attorney's office. There, Sergeant Oladeinde reported that there was corruption in the BPD.

On June 14, 1990, Sergeant Oladeinde was interviewed by Officer V.O. Little of IAD regarding the missing Narcotics Unit funds. On June 21, 1990, Sergeant Oladeinde was subjected to three polygraph examinations by Officer Little. Officer Little informed Sergeant Oladeinde that the tests revealed that she was "having trouble" with questions concerning money, stealing, and the sale of information.

Officer Little gave Sergeant Oladeinde another polygraph examination on June 26, 1990. On June 27, 1990, Officer Daugherty also gave her a polygraph examination. On July 2, 1990, Captain Webb met with the United States Attorney, Frank Donaldson. The United States Attorney requested that the BPD temporarily suspend the investigation of Sergeant Oladeinde because she was assisting the United States Attorney's Office with its case against Curtis Motley, an alleged drug dealer. The United States Attorney wanted to make sure that Sergeant Oladeinde was available to assist in prosecuting Motley and that her credibility was not damaged by an active investigation of her. Captain Webb agreed to the request. On July 19, 1990, Sergeant Oladeinde wrote a letter addressed to Chief Deutsch complaining about the length of the IAD's investigation of the Narcotics Unit stemming from Officer Mazzarella's complaint.

On July 31, 1990, Captain Webb and Captain Walker testified under subpoena during the trial of Ricky Germany that they would not believe the testimony of Sergeant Oladeinde. Captain Walker's opinion was based upon hearing Sergeant Oladeinde's testimony in two depositions, her responses during polygraph examinations, and her failure to account for funds she had received for the purchase of narcotics in the undercover work of her unit. The following day, Sergeant Oladeinde complained to members of the United States Attorney's Office. She reported that Captain Webb was involved with a known felon, David Swanson, and had improperly informed him that he was under investigation.

Captain Walker was assigned as the Commander of the Narcotics Unit in September 1990. On October 2, 1990, Mr. Swanson complained to the Birmingham City Council during a public meeting that Sergeant Oladeinde was harassing him. On October 3, 1990, Sergeant Oladeinde reported to Captain Walker that she had observed Lieutenant James Hope's car parked at Regina Hunter's house for several hours. Regina Hunter, the wife of a convicted drug dealer, had previously been convicted of possession of cocaine. Captain Walker told Sergeant Oladeinde to do her job and "[n]o retribution would occur."

In November 1990, Officer Fields, while undergoing a polygraph examination, told Sergeant Daugherty that she would not tell Lieutenant Hope anything because of his alleged personal involvement with Regina Hunter. Officer Fields filed a complaint with the IAD concerning Lieutenant Hope. When Officer Fields returned to the Narcotics Unit, Captain Walker told her he was very angry and stated that he was "like a snake fixing to strike." Officer Fields testified that she felt intimidated by Captain Walker's demeanor.

On November 6, 1990, Sergeant Oladeinde was questioned about Lieutenant Hope. Lieutenant Hope and Captain Walker were questioned on November 7, 1990, about Officer Field's complaint about Lieutenant Hope. On November 8, 1990, Sergeant Oladeinde was given a polygraph examination by Officer Daugherty. He telephoned Sergeant Oladeinde the next day to inform her that she passed the polygraph examination. Officer Fields...