Schlimgen v. City of Rapid City

• Decision Date: 04 February 2000
• Docket Number: No. CIV. 98-5100-KES.,CIV. 98-5100-KES.
• Citation: 83 F.Supp.2d 1061
• Parties: Robert SCHLIMGEN, Plaintiff, v. CITY OF RAPID CITY, and Edward McLaughlin, individually and in his official capacity as Mayor of the City of Rapid City, Defendants.
• Court: U.S. District Court — District of South Dakota

83 F.Supp.2d 1061

Robert SCHLIMGEN, Plaintiff, v. CITY OF RAPID CITY, and Edward McLaughlin, individually and in his official capacity as Mayor of the City of Rapid City, Defendants.

No. CIV. 98-5100-KES.

United States District Court, D. South Dakota, Western Division.

February 4, 2000.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Michael P. Reynolds, Michael Loos, Quinn, Day & Barker, Rapid City, SD, for Plaintiff.

Donald P. Knudsen, James S. Nelson, Gunderson, Palmer, Goodsell & Nelson, Curtis D. Ireland, Rapid City, SD, for Defendants.

MEMORANDUM OPINION AND ORDER

SCHREIER, District Judge.

[¶ 1] Plaintiff Schlimgen filed a complaint against the City of Rapid City and its former mayor, Edward McLaughlin, claiming that he had been terminated from his job in violation of 42 U.S.C. § 1983 because he exercised his First Amendment right to freedom of speech and that he was wrongfully discharged in violation of state law. Rapid City moves for summary judgment claiming that: (1) Schlimgen failed to state a cause of action against Rapid City with respect to his 42 U.S.C. § 1983 claim; (2) Schlimgen's state law claim of wrongful termination is barred by sovereign immunity; (3) the South Dakota Department of Labor and Management (DOL) decision precludes relitigation of the issue of whether Schlimgen mitigated his damages; and (4) Schlimgen is not entitled to attorney's fees for work done before the DOL.

[¶ 2] Schlimgen moves for partial summary judgment on the issue of liability against all defendants on the § 1983 cause of action based on the preclusive effect of the administrative agency findings. All parties have responded to the respective motions.

FACTS

[¶ 3] In 1991, Schlimgen was promoted to the position of building official in the Rapid City Public Works Department. In early 1995, Schlimgen became a vocal participant in a movement challenging the residential development of land near his home on Skyline Drive. Rapid City Mayor McLaughlin was a strong proponent of the Skyline Drive development. Schlimgen attended a Public Works Committee meeting in May of 1995, which McLaughlin also attended. During the meeting, Schlimgen testified against the proposed project after prefacing his remarks with a statement explaining that his opposition to the project was in his role as a citizen and not as a city employee. McLaughlin became very angry with Schlimgen as a result of his comments.

[¶ 4] Shortly after the public meeting, Schlimgen's immediate supervisor (Bjerke) advised Schlimgen that he should keep quiet regarding the Skyline Drive development project if he valued his job. Schlimgen limited his involvement in opposing the Skyline Drive development after this meeting. In October of 1995, Schlimgen's wife spoke at a joint Common Council and Rapid City Planning Committee meeting in opposition to the Skyline Drive Development project. McLaughlin heard her testimony. Two weeks later, Schlimgen was notified of his termination without notice or warning.

[¶ 5] Schlimgen appealed his termination to the DOL alleging that his termination was a violation of his civil and constitutional rights and a wrongful termination under South Dakota law. Following a hearing, the DOL found that Schlimgen's vocal opposition to the Skyline Drive development was a substantial motivating factor causing his termination, and as such, the termination was unconstitutional. Schlimgen was awarded back pay, front pay, prejudgment interest, and damages for a loss of fringe benefits. In this action, Schlimgen is seeking damages pursuant to 42 U.S.C. § 1983 for attorney's fees, emotional distress, and harm to his reputation.

SUMMARY JUDGMENT STANDARD

[¶ 6] Under Rule 56(c) of the Federal Rules of Civil Procedure, a movant is entitled to summary judgment if the movant can "show that there is no genuine issue as to any material fact and that [the movant] is entitled to judgment as a matter of law." In determining whether summary judgment should issue, the facts and inferences from those facts are viewed in the light most favorable to the nonmoving party, and the burden is placed on the moving party to establish both the absence of a genuine issue of material fact and that such party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 1356-57, 89 L.Ed.2d 538 (1986). Once the moving party has met this burden, the nonmoving party may not rest on the allegations in the pleadings, but by affidavit or other evidence must set forth specific facts showing that a genuine issue of material fact exists. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 2514, 91 L.Ed.2d 202 (1986).

[¶ 7] In determining whether a genuine issue of material fact exists, the Court views the evidence presented based upon which party has the burden of proof under the underlying substantive law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 2513, 91 L.Ed.2d 202 (1986). The Supreme Court has instructed that "[s]ummary judgment procedure is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of the Federal Rules as a whole, which are designed to `secure the just, speedy and inexpensive determination of every action.'" Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 2555, 91 L.Ed.2d 265 (1986). The nonmoving party "must do more than simply show that there is some metaphysical doubt as to the material facts," and "[w]here the record as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no `genuine issue for trial.'" Matsushita, 106 S.Ct. at 1356.

[¶ 8] The trilogy of Celotex, Anderson, and Matsushita provides the Court with a methodology in analyzing motions for summary judgment. See generally 1 Steven A. Childress & Martha S. Davis, Federal Standards of Review § 5.04 (2d ed.1991) (discussing the standards for granting summary judgment that have emerged from Celotex, Anderson, and Matsushita).

DISCUSSION

[¶ 9] I. 42 U.S.C. § 1983 Liability of the City of Rapid City

[¶ 10] A. Pleading Requirement

[¶ 11] Rapid City argues that the complaint does not allege that Schlimgen's dismissal was caused by an unconstitutional city custom or policy and therefore, summary judgment should be granted to Rapid City. In Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit, 507 U.S. 163, 113 S.Ct. 1160, 122 L.Ed.2d 517 (1993), the Supreme Court held that a heightened pleading standard was not required for claims alleging a violation of 42 U.S.C. § 1983. Federal Rule of Civil Procedure 8(a)(2) requires a short and plain statement of the claim showing the pleader is entitled to relief. Id. at 168, 113 S.Ct. 1160. A particularity requirement is necessary only in cases involving fraud or mistake. Id.; Fed.R.Civ.P. 9(b). See also Frey v. City of Herculaneum, 44 F.3d 667, 671 (8th Cir.1995); Kohl v. Casson, 5 F.3d 1141, 1148 (8th Cir.1993). The allegations in Schlimgen's complaint are sufficient to meet the pleading requirements of Rule 8(a)(2).

[¶ 12] B. Custom or Policy Requirement

[¶ 13] Rapid City claims that Schlimgen has no evidence to demonstrate the existence of a custom or policy to deprive Schlimgen of his constitutional right to free speech. A municipality may be held liable under § 1983 only if a municipal custom or policy caused the deprivation of a right protected by the constitution or federal laws. Monell v. Department of Social Serv., 436 U.S. 658, 690-91, 98 S.Ct. 2018, 2036, 56 L.Ed.2d 611 (1978). "A policy may be either a policy statement, ordinance, regulation, or decision officially adopted and promulgated by the municipality's governing body." Angarita v. St. Louis County, 981 F.2d 1537 (8th Cir.1992) (citing City of St. Louis v. Praprotnik, 485 U.S. 112, 108 S.Ct. 915, 99 L.Ed.2d 107 (1988)). Municipalities may be subjected to § 1983 liability by actions of municipal officials who have final policymaking authority. City of St. Louis v. Praprotnik, 108 S.Ct. at 924.

[¶ 14] Although a municipality cannot be held vicariously liable for the acts of its employees under § 1983, it may be sued when edicts or acts of the municipality represent official policy. Monell, 436 U.S. at 694, 98 S.Ct. 2018. Such liability may be imposed against the municipality for a single decision by a municipal policymaker who has final decision making authority in that area of the government's business. Pembaur v. City of Cincinnati, 475 U.S. 469, 478, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986); Angarita v. St. Louis County., 981 F.2d 1537, 1546 (8th Cir. 1992); Ware v. Jackson County, Mo., 150 F.3d 873, 886-87 (8th Cir.1998). Municipal liability under § 1983 attaches only where a deliberate choice to follow a course of action is made from among various alternatives by the official or officials responsible for establishing final policy with respect to the subject matter in question. Pembaur, 106 S.Ct. at 1300. Final policymaking authority is determined by whether an official has the authority to make official policy or custom regarding the action alleged to have caused the particular constitutional violation at issue. Angarita, 981 F.2d at 1547. See also Praprotnik, 485 U.S. at 127, 108 S.Ct. at 926 (authority to make municipal policy is authority to determine final policy); Buzek v. County of Saunders, 972 F.2d 992 (8th Cir.1992).

[¶ 15] Whether an individual is a final policymaker is a question of law to be resolved by the trial judge before the case is submitted to the jury. Jett v. Dallas Indep. Sch. Dist., 491 U.S. 701, 737, 109 S.Ct. 2702, 2724, 105 L.Ed.2d 598 (1989); Ware, 150 F.3d at 885. Relevant legal materials, including state and local law, as well as "custom or usage" having the force of law, must be considered by the trial judge while identifying "those officials or governmental bodies who speak with final policymaking authority for the local...