Seal v. Pryor, 81-1083

Decision Date09 February 1982
Docket NumberNo. 81-1083,81-1083
Citation670 F.2d 96
PartiesRichard W. SEAL, Appellant, v. David PRYOR, Governor of the State of Arkansas; Willis B. Smith, Jr., Director of the Department of Public Safety, State of Arkansas; Hollis Spencer, Wade Tatum and Howard Spinks, Commissioners of the Law Enforcement Training Academy; and Lloyd Reese, Acting Commissioner of the Arkansas Law Enforcement Training Academy, Appellees.
CourtU.S. Court of Appeals — Eighth Circuit

Philip E. Kaplan (argued), Silas H. Brewer, Jr., Kaplan, Brewer & Bilheimer, P. A., Little Rock, Ark., for appellant.

Steve Clark, Atty. Gen. by Debby Thetford Nye (argued), Asst. Atty. Gen., Little Rock, Ark., for appellees.

Before HEANEY and McMILLIAN, Circuit Judges, and BENSON, * District Judge.

McMILLIAN, Circuit Judge.

Richard W. Seal appeals from a final judgment entered in the District Court 1 for the Eastern District of Arkansas dismissing his complaint alleging due process violations by reason of his dismissal from state employment. For reversal appellant argues that the district court erred in finding that he did not have a liberty interest which entitled him to procedural due process. For the reasons discussed below, we affirm the district court.

Appellant was employed as an instructor at the Arkansas Law Enforcement Training Academy (ALETA). ALETA, a state agency, is a division under the Department of Public Safety. In 1977, an Arkansas state legislator telephoned Kenneth Rogers, Director of ALETA, to report that a student in Class 77-B had complained to him that Instructor Osie L. Robinson had used offensive language and gestures in class. Rogers directed his assistant, Floyd Thomas, to conduct a discreet inquiry among the students to determine whether the allegation was true.

Thomas submitted a memorandum to Rogers dated March 28, 1977 (Thomas Memorandum), summarizing interviews with four students of Class 77-B. In these interviews the students told Thomas that both Robinson and appellant had used offensive gestures and language while teaching. Specifically, appellant was alleged to have unzipped his trousers on several occasions in front of the class.

Director Rogers and Assistant Director Thomas conferred with Robinson and appellant. At that meeting appellant admitted that he had either unzipped or simulated unzipping his trousers but explained that it had occurred only once and was done in a joking context at the end of a class break before all the students had returned to the classroom. Both instructors received an oral reprimand from Rogers.

On July 20, 1977, a newspaper article appeared in the Arkansas Gazette regarding the allegations that Robinson and appellant had engaged in the performance of lewd acts and the use of profane language while instructing their classes. The article referred extensively to the Thomas Memorandum and stated that appellant had unzipped his trousers on several occasions in front of his classes and that both instructors had used obscene language. The article also stated that a copy of the Thomas Memorandum had been mailed anonymously to the Gazette.

As a result of the article, Governor David Pryor ordered Willis Smith, Jr., the Director of Public Safety, to summon Rogers, Robinson and appellant to a meeting in the Governor's office on the morning of July 22, 1977. Robinson and appellant were not informed of the purpose of the meeting and neither had an attorney present. The instructors were given an opportunity to explain and demonstrate their actions. Appellant either unzipped or simulated unzipping his trousers and again admitted that he had engaged in such conduct on one occasion before students in Class 77-B. Appellant stated that he was unaware of what profanity he was alleged to have used. However, he further stated, "I will give you an example of possibly what could have happened. I'm not saying that this did happen; as a matter of fact I know that this didn't happen. (Example) I might give answers like that; I don't know how I would answer it unless it would come up ...." Governor Pryor and Smith then examined the critiques of the students and found that one-third indicated obscene language and gestures on the part of both instructors. At the conclusion of the meeting, Governor Pryor informed Robinson and appellant that they were dismissed and accepted Rogers' resignation.

On September 6, 1977, appellant requested a hearing before the ALETA Board. The request was not responded to. Robinson and appellant then filed an action in federal district court alleging that the allegations forming the basis of their dismissals were stigmatizing and therefore they should have been given a hearing to refute those allegations. 2 Following a one and a half day trial, the district court dismissed the complaint based on its specific findings, which included the following:

14. The court finds that the plaintiffs did on occasion use vulgar and offensive language and gestures in classes .... While a small part of the language may have served a legitimate instructional purpose, the vulgar and offensive gestures served no instructional purpose whatsoever.

15. ... Although the Gazette articles of July 20 and 21 stigmatized the plaintiffs and seriously damaged their standing and reputation in the community, there is no proof that any state official gave the March 28, 1977 memo to the Arkansas Gazette. Indeed, the proof indicates that Kenneth Rogers, Director of ALETA, made every effort to conceal plaintiffs' activities.... Governor Pryor and Director of Public Safety Smith had no knowledge of these activities until the (July 20 article)....

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13 cases
  • Mother Goose Nursery Schools, Inc. v. Sendak, Civ. No. H 78-449.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • June 29, 1984
    ...the question of whether the plaintiff merely raises the question, and in doing so, merely denies the allegation, e.g., Seal v. Pryor, 670 F.2d 96, 99 (8th Cir.1982), or goes on to attempt to prove the falsity of such an allegation. See e.g., Ledford v. Delancey, 612 F.2d 883, 886-7 (4th Cir......
  • Pollock v. Baxter Manor Nursing Home, 81-3002.
    • United States
    • United States District Courts. 8th Circuit. Western District of Arkansas
    • April 14, 1982
    ...name, reputation, honor, or integrity," Constantineau, supra, 400 U.S. at p. 437, 91 S.Ct. at p. 510, has been impaired. In Seal v. Pryor, 670 F.2d 96 (8th Cir. 1982), the Eighth Circuit declared, "In order for appellant to prevail he must show that the stigmatizing information was false an......
  • Hogue v. Clinton, 85-1573
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • July 15, 1986
    ...without due process because he did not receive a pretermination name clearing hearing. In particular, appellants cite Seal v. Pryor, 670 F.2d 96, 99 (8th Cir.1982), in support of their claim that Hogue was not entitled to such a hearing because he failed to prove that the stigmatizing infor......
  • Pollock v. Baxter Manor Nursing Home, 82-1584
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • September 13, 1983
    ...Cir.1974); Cato v. Collins, 539 F.2d 656 (8th Cir.1976); Codd v. Velger, 429 U.S. 624, 97 S.Ct. 882, 51 L.Ed.2d 92 (1977); Seal v. Pryor, 670 F.2d 96 (8th Cir.1982). Pollock v. Baxter Manor Nursing Home, 536 F.Supp. 673, 680 (W.D.Ark.1982). We agree that under the facts of this case, Polloc......
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