Sikes v. Boone

• Court: U.S. District Court — Northern District of Florida
• Writing for the Court: PAUL
• Citation: Sikes v. Boone, 562 F.Supp. 74 (N.D. Fla. 1983)
• Decision Date: 14 January 1983
• Docket Number: No. TCA 80-0907.,TCA 80-0907.
• Parties: Larry SIKES, et al., Plaintiffs, v. Eddie BOONE, et al., Defendants.

562 F. Supp. 74

Larry SIKES, et al., Plaintiffs, v. Eddie BOONE, et al., Defendants.

No. TCA 80-0907.

United States District Court, N.D. Florida, Tallahassee Division.

January 14, 1983.

Gene Hal Johnson, Kent Spriggs, Spriggs & Warren, Tallahassee, Fla., for plaintiffs.

Julius F. Parker, Jr., Madigan, Parker, Gatlin, Swedmark & Skelding, Tallahassee, Fla., for defendants.

MEMORANDUM OPINION

PAUL, District Judge.

THIS CAUSE is before the court for consideration of cross-motions for summary judgment. In this class action the plaintiffs represent themselves and all other similarly situated persons who are deputy sheriffs appointed by the sheriff of any of the counties of the State of Florida, except Duval County, Escambia County, Metropolitan-Dade County, and Volusia County. The named plaintiffs also represent all employee organizations which seek to represent the deputy sheriffs employed in any county in the State of Florida. The named defendants represent a class of all sheriffs of the counties of Florida, except the sheriffs of Duval County, Escambia County, Metropolitan-Dade County, and Volusia County.

The court finds this action to be a proper one for summary judgment. Rule 56(c), F.R.Civ.P., sets the standard for determining whether summary judgment is proper. "The judgment sought shall be rendered forthwith if the pleadings, depositions, answer to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law". The parties here have filed a stipulation of facts which resolves any issue as to any material facts. The only dispute remaining is a question of law which this court can now resolve.

At the heart of this dispute is the Florida Supreme Court's interpretation of its own state's statute, the Public Employees Relations Act, Chapter 447, Part II, Florida Statutes. In the case of Murphy v. Mack, 358 So.2d 822 (Fla.1978), the Florida Supreme Court held that deputy sheriffs appointed by constitutional sheriffs were not "public employees" within the contemplation of the Public Employees Relations Act. In reaching that determination, the Court first noted that section 447.203(3), Florida Statutes, defines a "public employee" as "any person employed by a public employer". (emphasis added). The Court further noted that section 30.07, Florida Statutes, provides that "sheriffs may appoint deputies to act under them who shall have the same power as the sheriff appointing them...." Reading those statutes in pari materia, the supreme court concluded that

a sheriff is authorized to appoint deputies, for whose acts he is responsible, to act in his stead. A deputy sheriff holds office by appointment rather than employment and is vested with the same sovereign power as the chief law enforcement officer of the county. The relationship between sheriff and deputy has not been recognized by this Court to be that of employer and employee.

Murphy v. Mack, supra, 358 So.2d at 825. Thus, the court held that "since deputy sheriffs have not been identified as employees by the courts of this state, we cannot assume that the Legislature intended to include them within the definition of public employee without express language to that effect". Murphy v. Mack, supra, 358 So.2d at 826.

It is well-settled that federal courts are bound by the interpretation placed on state statutes by the highest court of the state. See NAACP v. Button, 371 U.S. 415, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963); Die Burg, Inc. v. Underhill, 465 F.Supp. 1176 (M.D.Fla.1979). When a challenge is made to a state statute, and that statute has been authoritatively construed by the state's highest court, the words of the court become the words of the statute. See NAACP v. Button, supra. In the case at bar, then, this court is bound by the Florida Supreme Court's construction of section 447.203(3); that is, the section must be read to include among its stated exceptions deputy sheriffs who are appointed by a sheriff.

The fact that this court is bound by the Florida Supreme Court's interpretation of section 447.203(3), Florida Statutes, does not, however, preclude this court from further examination of the plaintiffs' claim. While the state supreme court is the final authority on the construction of state statutes, it is incumbent on this court, when a federal constitutional challenge is made, to determine whether that construction comports with the requirements of the Constitution. See Williams v. Wainwright, 493 F.Supp. 153, 154 n. 2 (S.D.Fla.1980). Thus, even if a state supreme court has ruled that a statute contains no constitutional deficiencies, this court would not be bound by those state determinations on federal constitutional issues. See Hunt v. Roth, 648 F.2d 1148, 1155 (8th Cir.1981); Woods v. Holy Cross Hospital, 591 F.2d 1164, 1171 (5th Cir.1979). Federal courts must respect and give deference to the highest appellate court of a state which has ruled that a statute contains no constitutional deficiencies. However, as the Eighth Circuit noted:

It is still incumbent upon this court to analyze the state law to see if it conflicts with the federal constitution. See Art. VI, U.S. Constitution. If a conflict exists, we have no alternative; it is our judicial responsibility to make the hard decision and declare the ... provision invalid.

Hunt v. Roth, supra, 648 F.2d at 1155.

In this action, the plaintiffs seek a declaratory judgment that the state supreme court's interpretation of section 447.203, Florida Statutes, is violative of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, and additionally violates Art. I, § 6 of the Florida Constitution. Plaintiffs also seek a permanent injunction which would enjoin the Florida Public Employees Relations Commission (PERC) from enforcing the supreme court's interpretation. The plaintiffs contend that the Florida Supreme Court's holding in Murphy v. Mack, supra, excluding deputy sheriffs appointed by constitutional sheriffs from the Public Employees Relations Act, denies them their constitutional right to freedom of association, and more particularly, denies them their constitutional right to bargain collectively. The plaintiffs further assert that by being classified as "appointees" rather than as "employees" they are denied equal protection of the law in that other similarly situated law enforcement officers are permitted to bargain collectively while they are not. Simply stated, the question of law for this court's determination is whether the state court's determination that deputy sheriffs are not "employees" for purposes of state statutes and the Florida Constitution violates the Federal Constitution.

As noted previously, this court is bound by the interpretation given a state statute by a state's highest court, See NAACP v. Button, supra. It follows, a fortiori, that federal courts are also bound by a state court's determination that a particular type of worker is not an "employee" for purposes of state statutes.¹ This is especially true where, as here, the worker enjoys a unique historical status such as that enjoyed by deputy sheriffs in the State of Florida. In paragraph 36 of their complaint, plaintiffs allege that the state court's determination that they are "appointees" rather than "employees" is an "illusory, meaningless distinction" based on a "word of art". This court disagrees with the plaintiffs' characterization. The office of deputy sheriff dates back to early England and was adopted in many parts of this country as part of the English common law.² It is well settled in Florida and several other states, notably Louisiana, Georgia, Texas, and South Carolina, that the office of deputy sheriff is a common-law office. As noted in 70 Am.Jur.2d Sheriffs, Police and Constables § 2, cited with approval by the Florida Supreme Court in Murphy v. Mack, supra, 358 So.2d at 825:

The office of under or deputy sheriff is a common-law office; and this is the rule unless a change is effected by the constitution or statute law of the state. He holds an appointment, as distinguished from an employment. Where so clothed with power, a deputy sheriff is a public officer, although he may not be a state or municipal officer within the meaning of constitutional provisions.

Because of this unique historical status, state and federal courts alike have held that a sheriff has absolute control over the selection and retention of his deputy sheriffs. See Tanner v. McCall, 625 F.2d 1183 (5th Cir.1980), cert. denied, 451 U.S. 907, 101 S.Ct. 1975, 68 L.Ed.2d 295 (1981) (applying Florida law); Barrett v. Thomas, 649 F.2d 1193 (5th Cir.1981), cert. denied, 456 U.S. 925, 102 S.Ct. 1969, 72 L.Ed.2d 440 (1982) (applying Texas law); Allen v. Fidelity and Deposit Company of Maryland, 515 F.Supp. 1185 (D.S.C.1981) (applying South Carolina law); Slack v. Bishop, 444 F.Supp. 1161 (W.D.La.1978) (applying Louisiana law). As a result, courts have held that deputy sheriffs have no property or liberty interests in their positions for purposes of the Fourteenth Amendment of the United States Constitution. See, e.g., Tanner v. McCall, supra.

Because this court has concluded that it is bound by the Florida Supreme Court's determination that deputy sheriffs are not "employees" for purposes of the state's statutes and the Florida Constitution, only two issues remain. Those are: whether the plaintiff class members, as "appointees", have First Amendment rights which are being violated by the defendants in this action; and, whether the State's determination that the plaintiff class members are "appointees" violates the Equal Protection Clause of the Fourteenth Amendment.

In paragraph 39 of their complaint, the plaintiffs allege that they are being denied their constitutional right to associate together because the defendant...