Reeves v. Thigpen

• Decision Date: 16 March 1995
• Docket Number: Civ. A. No. 93-A-1450-N.
• Citation: Reeves v. Thigpen, 879 F.Supp. 1153 (M.D. Ala. 1995)
• Parties: Betty REEVES, Plaintiff, v. Morris THIGPEN, et al., Defendants.
• Court: U.S. District Court — Middle District of Alabama

879 F. Supp. 1153

Betty REEVES, Plaintiff, v. Morris THIGPEN, et al., Defendants.

Civ. A. No. 93-A-1450-N.

United States District Court, M.D. Alabama, Northern Division.

March 16, 1995.

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David George Flack, Montgomery, AL, for plaintiff Betty Reeves.

Ellen Ruth Leonard, Andrew W. Redd, Alice Ann Byrne, Alabama Dept. of Corrections, Legal Div., Montgomery, AL, for defendants Morris Thigpen, individually, Tommy Herring, in his capacity as Com'r of Dept, of Corrections, Jim Morrison, individually and as warden of Staton Correctional Facility, Randall Lucas, individually and as former deputy warden of Staton Correctional Facility.

R. Frank Ussery, State Personnel Dept., Montgomery, AL, Laveeda Morgan Battle, Gorham, Stewart, Kendrick, Bryant & Battle, P.C., Birmingham, AL, for defendants Joe H. Williamson, individually and in his capacity as Chairman of the State Personnel Bd., W. John Hathaway, individually and in his capacity as Vice-Chairman of the State Personnel Bd., Joe Dickson, Ruth Harrel, Harry McMillian, individually and in their capacity as members of the State Personnel Bd., Halycon V. Ballard, in her capacity as Secretary to the Personnel Bd. and as Director of State Personnel Dept.

MEMORANDUM OPINION AND ORDER

ALBRITTON, District Judge.

I. INTRODUCTION

This cause is now before the court on the Motion for Summary Judgment filed by Defendants, Morris Thigpen ("Thigpen"), Jim Morrison ("Morrison"), Randall Lucas ("Lucas") and Tommy Herring ("Herring") (collectively "DOC Defendants"), on February 2, 1995.¹ The court will also rule on the following motions: Motion to Allowed sic Filing of Corrected Response to Correction Defendants' Motion for Summary Judgment filed by Plaintiff on February 21, 1995; Motion to Strike Portions of Affidavit filed by the DOC Defendants on February 23, 1995; Motion for to sic Allow Filing of Affidavit of Plaintiff filed by Plaintiff on March 7, 1995; and Motion to Supplement Documents Submitted in Opposition to Correction Defendants' Motion for Summary Judgment filed by Plaintiff on March 9, 1995.

Plaintiff, Betty Reeves ("Reeves"), filed this action on December 6, 1993, against the DOC Defendants and others.² At the present time, the only remaining defendants in this suit are Thigpen, Herring, Morrison, and Lucas. Thigpen was Commissioner of the Department of Corrections from January 1987 through March of 1993, and Herring is the current Commissioner of the Department of Corrections. Morrison is the Warden of Staton Correctional Facility ("Staton"), and Lucas is the Deputy Warden of Staton. Herring is sued in his official capacity only. Morrison is sued both in his official and his individual capacities. The complaint names Lucas and Thigpen in their individual capacities only.

Reeves alleges that the DOC Defendants violated her federally protected rights to substantive due process, procedural due process, and equal protection. Specifically, she challenges actions taken by the DOC Defendants which resulted in her termination from her position as an employee of the Department of Corrections. Reeves brings claims for the alleged deprivation of the aforementioned rights under 42 U.S.C. §§ 1983 and 1985(3). She has properly invoked this court's jurisdiction. See 28 U.S.C. §§ 1331 & 1343. Reeves seeks a declaratory judgment³, equitable relief, reinstatement, backpay, compensatory and punitive damages, costs, and attorney's fees.

For the reasons stated below, the court finds that DOC Defendants' Motion to Strike Portions of Affidavit is due to be GRANTED in part and DENIED in part and that DOC Defendants' Motion for Summary Judgment is due to be GRANTED in part and DENIED in part. The court also finds that Reeves' motion seeking permission to file a corrected brief and her motion seeking permission to file a supplemental affidavit one day late are due to be GRANTED. Reeves' Motion to Supplement Documents Submitted in Opposition to Corrections Defendants' Motion for Summary Judgment is due to be DENIED.

II. FACTS

The court has carefully considered all affidavits and documents submitted in support of and in opposition to the Motion for Summary Judgment. The submissions, viewed in the light most favorable to the plaintiff, establish the following facts:

In January 1990, Reeves, an African-American female, was hired as a Corrections Officer I by the Alabama Department of Corrections ("the Department"). Her performance evaluations from January 1990 to February 1991 indicate that her performance exceeded standards for DOC employees. (Pltf.Attach. II). Reeves admits that she received an oral reprimand for not following instructions in August of 1991. (Reeves' Aff. at 2).

In November of 1991, Reeves was working at Staton. At this time Morrison was the Warden of Staton and Lucas was the Assistant Warden. Her shift commenced at 10:00 p.m. and terminated at 6:00 a.m. Lieutenant Williams supervised this shift. Reeves' scheduled days off were Monday and Tuesday.

On November 5, 1991, a Tuesday, Reeves was shopping in Sears. Sears employees detained Reeves because they believed she had taken two dresses from the store without paying for them. The Montgomery Police arrested Reeves and charged her with theft of property. Reeves concedes that at the time of her arrest she was aware that the DOC regulations require that any officer who is arrested or convicted of a felony or misdemeanor is required to submit a written report of that incident to the Commissioner of Corrections. Prior to November 8, 1991, Reeves did not inform anyone at the Department of her arrest.

In a memorandum dated November 8, 1991, Morrison informed Reeves that her failure to report her arrest at Sears for shoplifting constituted a violation of the standards of conduct for DOC employees. (Def.Ex. 3). This memorandum also noted that Reeves' records indicated that she had been subjected to two previous disciplinary actions: an oral reprimand for violation of a security procedure and a counseling session after she had been late to work. Id. The memorandum informed Reeves that Morrison had scheduled a pre-dismissal conference in his office on Friday, November 15, 1991 at 9:00 a.m. Id. The memorandum characterized this conferences as a chance for Reeves to tell her side of the story and to present information regarding her possible termination. Id. The memorandum which Morrison sent to Reeves clearly states that although the conference would be informal, Reeves could present written statements of witnesses or "any other information with regard to these charges." Id. The memorandum advised Reeves that she was entitled to have legal counsel represent her at the pretermination conference. Id.

In her affidavit, Reeves acknowledges that on November 8, 1991 she received the aforementioned memorandum. (Reeves' Aff. at 3.) Reeves indicates that on November 15, 1991 she and an attorney, Gatewood Walden, came to the conference described in the November 8, 1991 memorandum. Id. Morrison and Lucas were present at this conference. Id. Reeves states that Morrison attempted to question her about the alleged theft at Sears and that there was no mention of the failure to report the arrest. Id. Upon advice of counsel, Reeves refused to respond to questions about the theft. Id. at 4.

By letter dated December 6, 1991, Thigpen informed Reeves that the Department was terminating her for violating Administrative Rule 207. (Def.Ex. 5). This letter instructed Reeves that she could appeal the dismissal if she felt it was unwarranted. Id.

Reeves appealed her termination to the Alabama State Personnel Board ("the Board"). A hearing was held on April 30, 1992, before Daniel T. Hull, Jr. ("Hull"), a hearing officer designated by the Board. (Def.Ex. 1). At the hearing, Reeves was represented by an attorney and was given an opportunity to present her case. Id. On May 8, 1992, Hull submitted a report which recommended that the termination be sustained. (Def.Ex. 6). On August 11, 1992, the Board adopted Hull's findings of fact and conclusions of law and entered a written order upholding the Department's termination of Reeves. (Def.Ex. 7). After the Board affirmed Reeves' dismissal, she filed this action.

III. PRELIMINARY MOTIONS

A. Motion to Allowed sic Filing of Corrected Response

On February 21, 1995, Reeves filed a motion asking this court to allow her to file a corrected response to the DOC Defendants' Motion for Summary Judgment. Reeves urged this court to accept the corrected brief because the original response to the DOC Defendants' Motion for Summary Judgment, while timely filed, "contained numerous grammatical errors and was not clear on a number of issues." To the extent that the corrected brief is filed to correct such errors and to make the brief more comprehensible, the court finds that Reeves' motion is due to be GRANTED. Therefore, the court will rely on the corrected brief rather than the original brief in evaluating Reeves' arguments in opposition to the DOC Defendants' Motion for Summary Judgment.

B. Motion to Supplement Documents Submitted

On March 9, 1995, Reeves filed a Motion to Supplement Documents Submitted in Opposition to Corrections Defendants' Motion for Summary Judgment. Without offering any reason for her previous failure to timely file the evidentiary exhibits with the other items she submitted in opposition to the DOC Defendants' Motion for Summary Judgment, Reeves seeks to offer evidence of criminal records concerning John E. Carter. The court finds that Reeves' Motion to Supplement Documents Submitted in Opposition to Correction Defendants' Motion for Summary Judgment is due to be DENIED. Thus, the court notes that it need not and does not consider the items of evidence concerning criminal records of John E. Carter which Reeves seeks to submit in opposition to the DOC De...