Smart v. Cnty. of Gloucester
| Docket Number | Civil Action 20-cv-12408-RAL |
| Decision Date | 12 July 2023 |
| Parties | DERRICK SMART, et al. Plaintiffs, v. COUNTY OF GLOUCESTER, et al. Defendants. |
| Court | U.S. District Court — District of New Jersey |
Plaintiff Derrick Smart (“Smart” or “Plaintiff”) has sued the County of Gloucester (“the County”), Eugene Caldwell (“Caldwell”), William Glaze (“Glaze”) (collectively “the County Defendants”), Brad Schmidheiser (“Schmidheiser”), Michael McLaughlin (“McLaughlin”) (Schmidheiser and McLaughlin collectively are “the Union Officials”), the Local Fraternal Order of Police #97 (“Local 97”) the New Jersey Fraternal Order of Police (“the State FOP”) (Local 97 and the State FOP collectively are “the FOP Defendants”),[1] and John Does 1-5 in an eight-count complaint.[2] Doc. No. 29.[3] Defendants move for summary judgment.[4] I grant summary judgment in part and deny summary judgment in part.
Derrick Smart is an African American man, who was employed as a correctional officer (“C/O”) with the Gloucester County Sheriff's Office beginning in 2004. Doc. No. 29 Plaintiff's Third Amended Complaint (“TAC”) ¶ 1. Below are the undisputed facts.[5]
1. Smart As an Employee of Gloucester County
Smart both reported and assisted in reporting alleged race- or sex-based misconduct between 2008 and 2011. In April 2008, Smart and Dominic Capanna (“Capanna”) asserted that Warden Balicki (“Balicki”) engaged in inappropriate relations with female C/Os. Id. at ¶ 22. In October 2008, Plaintiff and Capanna initiated a “vote of no-confidence” against Balicki, seeking union membership removal due to the inappropriate conduct reported in April. Id. at ¶ 23. In October 2008, Smart and Capanna also asserted certain A-Shift officers, supervised by then-Sergeant Caldwell,[6]often assaulted inmates who were “typically African-American and/or Hispanic.” Id. at ¶¶ 24-25. In October 2010, Smart assisted Malessia Lacey, a female C/O, in filing a complaint with the Equal Employment Opportunity Commission (“EEOC”). Id. at ¶¶ 3536. In June 2011, Smart and Capanna filed an internal affairs (“IA”) complaint alleging that Defendant Caldwell engaged in inappropriate sexual relations with female inmates. Id. at ¶¶ 38-41. In November 2011, Smart and Capanna provided a written complaint to the Gloucester County Prosecutor's Office reasserting the complaint. Id. at ¶ 41.
In July 2011, Lieutenant Owens, an African American C/O, disciplined Smart for not wearing appropriate protective clothing while in a certain location of the jail. Derek Smart Deposition (“Smart Dep.”), at 113:7-121:20[7]; see also Verbal Warnings, at 5.[8]Between March and July 2013, Plaintiff voiced “opposition to the Jail's closure.” TAC at ¶¶ 47-49. However, the jail closed in July 2013. TAC at ¶¶ 6-7; Chad Bruner Deposition (“Bruner Dep.”),[9] at 13:11-12. On January 7, 2014, Smart was twenty minutes late for a training and written up. Verbal Warnings, at 2.
2. Local 97 Treasurer Transition from Smart to McLaughlin
Between January 2008 and December 2011, Smart was the Treasurer of Local 97. As Treasurer, Smart was to make entries in a book of records. Smart Dep. at 320:6-12. The book of records was to contain a list of entries, a receipt book, a monthly investments statement, and a checkbook. Id. at 317:1-20. In 2009, Plaintiff hired Ron Ford (“Ford”) to complete Local 97's accountings, which involved Smart providing Ford original receipts and documents. Id. at 320:1-20.
Plaintiff was elected Local 97's President in January 2012, but formally stepped down in February 2012. TAC at ¶ 42. McLaughlin was elected Treasurer in January 2012. Michael McLaughlin Deposition (“McLaughlin Dep.”),[10] at 65:6-14. McLaughlin was an A-Shift C/O. TAC at ¶¶ 6-7. As the new Treasurer, McLaughlin requested all documents and reports for review; Smart provided documents he possessed, but Ford had additional documents. Smart Dep. at 324:1-325:6; 334:2-335:23. Plaintiff stated he requested the documents back from Ford between January and March 2012, but Ford refused to hand them over until he was paid for his services. Id. at 326:2-327:12.
In January 2012, McLaughlin informed Schmidheiser, Local 97's sitting President, of concerns McLaughlin had regarding the record keeping and account of expenditures during Smart's tenure as Treasurer. Brad Schmidheiser Deposition (“Schmidheiser Dep.”),[11] at 56:24-60:23. Schmidheiser was another A-Shift C/O. TAC at ¶¶ 6-7. On February 7, 2012, McLaughlin sent Smart a letter stating his concern regarding “numerous transactions that were not lodged on our General account over the past [four] years.” February 7, 2012 letter from McLaughlin to Smart (“2/7/12 McLaughlin Letter”),[12] at 1; see also Smart Dep. at 336:24-337:17. McLaughlin was seeking “clarification as to why these transactions were never posted in the Book of Records and to get the General Accounts balance verified, thru [sic] an Independent Auditor.” 2/7/12 McLaughlin Letter, at 1. The letter stated that Mclaughlin found 345 transactions against Local 97's bank account omitted from the record book. See id. Ultimately, in early 2012, the State FOP initiated an internal forensic audit of Local 97's financial records to be performed by PP&D Accounting Services, Inc. (“PP&D”). Schmidheiser Dep. at 62:3-8, 84:20-22.
In November 2012, a majority of Local 97's members voted to expel Smart. Defendant Schmidheiser, in the capacity as President of Local 97, based expulsion charges on: “1) That Brother Smart violated the Oath and Obligation he took as a FOP member[;] 2) There was a show of Insubordination as per Our Bylaws and Oath and Obligation[; and] 3) He has hindered the effective running of Lodge 97.” Tribunal charges.[13] Smart was not present for this vote. Smart Dep. at 179:5-13. Upon Smart's appeal, the State FOP overturned the vote and reinstated Smart, finding Smart did not receive due process. McLaughlin Dep. at 110:12-16.
3. Smart's Prosecution for Misappropriation of Union Funds
In November 2012, Schmidheiser emailed George Kline (“Kline”), the State FOP Treasurer, inquiring “[i]f for any reason it is determined there are grounds for criminal charges or an investigation, who would initiate that, the State Lodge, Lodge 97, or will this be a joint venture.” November 23, 2012 Kline-Schmidheiser Emails (“11/23/12 Kline-Schmidheiser Emails”),[14] at 3; see also George Kline Deposition (“Kline Dep.”),[15]at 37:6-21. Kline responded that “[c]riminal complaints are to be filed by Lodge 97.” 11/23/12 Kline-Schmidheiser Emails, at 5.
Schmidheiser “out of a courtesy” went to Warden Caldwell to provide a “heads up” that he would be “tak[ing] something to the Prosecutor's Office regarding [Local] 97”, because the jail had recently received negative press for an unrelated C/O's arrest. Schmidheiser Dep. at 177:2-16. During this conversation, Caldwell offered to reach out to the Prosecutor's Office to check which department Schmidheiser should contact. Id. at 177:16-22. Through Caldwell's communications, Anthony Garbarino (“Garbarino”), a Detective in the Prosecutor's Office's Major Crimes Unit, contacted Schmidheiser to schedule a meeting; Garbarino also let Caldwell know that he was arranging the meeting. Anthony Garbarino Deposition (“Garbarino Dep.”),[16] at 7:7-10; 19:8-9; 20:9-21:5; Gloucester County Prosecutor's Office Investigation Report (“GCPO Investigation Report”),[17] at 1. On September 10, 2013, Garbarino interviewed Schmidheiser and another C/O; on September 19, 2013, Garbarino interviewed McLaughlin; and on March 11, 2014, Garbarino met with Schmidheiser again. GCPO Investigation Report, at 13-16.
After further investigation, Smart was arrested on August 22, 2014. GCPO Investigation Report, at 25; Complaint-Warrant.[18] The arrest occurred at the Gloucester County Jail, while Smart was working, when Defendant Glaze approached Smart, requested his work-issued firearm, and then escorted him to a room where Detective Garbarino and the detective's supervisor were waiting. Smart Dep. at 168:21-171:5; GCPO Investigation Report, at 25. Smart was then escorted to the Prosecutors Office, where he was formally processed and then released. Smart Dep. at 171:6-10; GCPO Investigation Report, at 25.
The charges resulted in acquittal on October 4, 2018.
4. Smart's Contract with the FOP Defendants Regarding Legal Representation
Members of the State FOP and Local 97 are covered by two separate by-law provisions. See Doc. Nos. 94-1 (“State FOP By-Laws”); 94-4 (“Local 97 By-Laws”). Both by-laws have provisions regarding attorney representation and what requirements shall be met prior to the representation being assigned. Local 97's by-laws contain seven sections; the relevant portions are as follows:
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