Shape v. Barnes County, N.D., Civil No. A3-04-83.
| Citation | 396 F.Supp.2d 1067 |
| Decision Date | 14 October 2005 |
| Docket Number | Civil No. A3-04-83. |
| Parties | Marvin J. SHAPE, Plaintiff, v. BARNES COUNTY, NORTH DAKOTA, a political subdivision of the State of North Dakota; and Randy McClaflin, individually and as Barnes County Jail Administrator, Defendants. |
| Court | U.S. District Court — District of North Dakota |
Thomas Dayton Fiebiger, Ohnstad Twichell, Fargo, ND, for Plaintiff.
Mark A. Friese, Robert J. Udland, Vogel Law Firm, Fargo, ND, for Defendant.
Before the Court is defendants' Motion to Dismiss or Alternatively for Summary Judgment (doc. # 19). The defendants move for dismissal or in the alternative for summary judgment on all causes of action alleged against the defendants, Barnes County and Randy McClaflin. As articulated below, the defendants' Motion is GRANTED IN PART AND DENIED IN PART.
Plaintiff, Marvin J. Shape, began employment with Barnes County on May 3, 1999, as a Correctional Officer. Shape was a Valley City Police Officer for over nineteen years prior to working for Barnes County. After serving approximately two years as a Correctional Officer, Shape was promoted to Chief Correctional Officer. Shape served as Chief Correctional Officer until he was demoted in December of 2003. Defendant Barnes County is a political subdivision of the State of North Dakota, and defendant Randy McClaflin is the Sheriff of Barnes County and serves as the County Jail Administrator. The plaintiff has sued defendant McClaflin individually and as Barnes County Jail Administrator.
On November 23, 2003, Sheriff McClaflin informed Shape that he had received complaints that Shape was not paying the County Jail's bills on time. At that meeting, Shape informed McClaflin that he might have Attention Deficit Disorder ("ADD"). At the November 23 meeting, Sheriff McClaflin reprimanded Shape for his billing deficiencies but took no further disciplinary action.
Following the November 23 meeting, McClaflin received several written complaints from other Correctional Officers concerning Shape's behavior at the jail. On December 19, 2003, McClaflin received another complaint from Barnes County Auditor Linda Anderson about Shape's deficient billing. On December 30, 2003, McClaflin demoted Shape from his position as Chief Correctional Officer, citing billing deficiencies, lack of Bible study and recreation time for the inmates, lack of cell searches, and an incident involving Correctional Officer Sheila Salberg.
Following his demotion, Shape asked to see the coworker complaints lodged against him. After several oral requests for the records were denied, Shape retained an attorney. Barnes County eventually provided Shape with copies of the complaints following a written request from his attorney. On April 2, 2004, Shape filed a grievance with Barnes County against McClaflin for the following reasons: (1) to inform Barnes County that McClaflin had demoted Shape for billing deficiencies despite the fact that McClafin had notice that Shape had ADD, (2) to report McClaflin's violation of Barnes County Policy and North Dakota open record laws, and (3) for reimbursement of attorney's fees incurred in requesting the coworker complaints.1
On April 12, 2004, the committee held a grievance hearing. Following a hearing, the grievance committee concluded that both sides were equally at fault and recommended "no action be taken on paying the attorney fees for Marvin Shape." Shape did not appeal the Committee's recommendation.
On April 19, 2004, Sheriff McClaflin and Chief Correctional Officer Denise Stanley met with Shape to discuss an incident involving Correctional Officer Kevin Schiffner. The incident allegedly occurred in late February or early March 2004. At the end of the April 19 meeting, McClaflin terminated Shape, citing the creation of a hostile work environment.
Shape initiated the present action on July 7, 2004. In his seven-count Complaint, Shape alleges discrimination by both Barnes County and Sheriff McClaflin, retaliation by both Barnes County and Sheriff McClaflin, Free Speech violation by both Barnes County and Sheriff McClaflin, and a Due Process violation by Barnes County. Shape seeks monetary damages in excess of $50,000, prejudgment interest, costs, attorney fees, and equitable relief available in the discretion of the Court. As stated earlier, the defendants move for dismissal or in the alternative for summary judgment. The defendants argue that the Court lacks jurisdiction, that the defendants are entitled to immunity, and that Sheriff McClaflin had a legitimate, nondiscriminatory basis for demoting and firing the plaintiff.
When considering a motion to dismiss, the Court must assume that all facts alleged in the Complaint are true and construe the Complaint in a light most favorable to the plaintiff. Coleman v. Watt, 40 F.3d 255, 258 (8th Cir.1994). The motion should be granted only if the plaintiffs can prove no set of facts that would entitle them to relief. Id.
Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56. A fact is "material" if it might affect the outcome of a case, and a dispute is "genuine" if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Churchill Bus. Credit, Inc. v. Pacific Mut. Door Co., 49 F.3d 1334, 1336 (8th Cir.1995).
All evidence and inferences are to be viewed in a light most favorable to the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The moving party bears the initial responsibility to demonstrate the absence of any genuine issue of material fact and entitlement to judgment as a matter of law. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). To defeat a properly supported motion for summary judgment, the nonmoving party must go beyond the pleadings and designate specific facts showing a genuine issue of material fact for trial. Id. at 324, 106 S.Ct. 2548. Thus, the "basic inquiry" for purposes of summary judgment is "whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one sided that one party must prevail as a matter of law." Quick v. Donaldson Co., Inc., 90 F.3d 1372, 1376 (8th Cir.1996)(citing Anderson, 477 U.S. at 251-52, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). With this standard in mind, the Court begins its analysis.
In his seven-count Complaint, Shape asserts that the defendants violated North Dakota Statutory Law and the United States Constitution. Shape contends that this Court has jurisdiction over the present case pursuant to 28 U.S.C. §§ 1331, 1343, and 1367. The defendants contend that Shape's constitutional claims are frivolous and asserted for the sole purpose of obtaining jurisdiction.
28 U.S.C. § 1331 provides that "district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1343 provides that the district courts shall have original jurisdiction over any civil action commenced to "redress the deprivation, under color of any State law,... of any right, privilege or immunity secured by the Constitution of the United States." To decide if the Court has jurisdiction over this action, it "must look to the way the complaint is drawn so as to claim a right to recover under the Constitution and laws of the United States." Bell v. Hood, 327 U.S. 678, 681, 66 S.Ct. 773, 90 L.Ed. 939 (1946). Where a party draws a complaint as to seek recovery directly under the Constitution or law of the United States, the Court should usually entertain the suit. Id. at 681-82, 66 S.Ct. 773. The burden is on the plaintiff to prove that the Court has subject matter jurisdiction over the alleged causes of action.
In the instant case, the plaintiff asserts that the defendants violated his rights under the First Amendment and Fourteenth Amendment of the United States Constitution. It is clear from the way the Complaint is drawn that the plaintiff seeks recovery squarely on the ground that the defendants violated his constitutional rights. The fact that Shape also asserts causes of action under state law does not defeat this Court's jurisdiction. See 28 U.S.C. § 1367 ().
However, the Court can dismiss a suit for want of jurisdiction if the alleged claim under the Constitution or federal statute is clearly immaterial and "made solely for the purpose of obtaining jurisdiction" or where the alleged claim is wholly insubstantial and frivolous. Id. at 682-83, 66 S.Ct. 773. A bare allegation that a cause of action arises under the Constitution is not enough. Stanturf v. Sipes, 335 F.2d 224, 228 (8th Cir.1964).
Here, the alleged violations of the Constitution are not immaterial; they are a major basis of the relief sought. Also, this Court cannot say that the constitutional causes of action are so patently without merit as to justify dismissal for want of jurisdiction.
The defendants further assert that the plaintiff has a duty to bring his cause of actions under Title VII and the American with Disabilities Act ("ADA"). The Court disagrees. A plaintiff may bring suit under 42 U.S.C. § 1983 alone if his cause of action rests on a constitutional or statutory right...
To continue reading
Request your trial
-
Geraci v. Women's Alliance, Inc., No. 1:03-cv-129.
...that a trial court should resolve immunity issues at the earliest possible stage of litigation. See Shape v. Barnes County, North Dakota, 396 F.Supp.2d 1067, 1074 (D.N.D.2005) (citing Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001)). North Dakota has long since ab......