Stanley v. City of Dalton

• Citation: 219 F.3d 1280
• Decision Date: 26 July 2000
• Docket Number: DEFENDANTS-APPELLANTS,No. 99-10593,PLAINTIFF-APPELLEE,99-10593
• Parties: (11th Cir. 2000) JERRY M. STANLEY,, v. CITY OF DALTON, GEORGIA, JAMES D. CHADWICK, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY,
• Court: U.S. Court of Appeals — Eleventh Circuit

Page 1280

219 F.3d 1280 (11th Cir. 2000)

JERRY M. STANLEY, PLAINTIFF-APPELLEE, v. CITY OF DALTON, GEORGIA, JAMES D. CHADWICK, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, DEFENDANTS-APPELLANTS.

No. 99-10593

UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

July 26, 2000

[Copyrighted Material Omitted] Appeal from the United States District Court for the Northern District of Georgia.

Before Edmondson, Hull and Wood, ^* Circuit Judges.

Hull, Circuit Judge

Appellee Jerry M. Stanley, a police officer, brought this § 1983 action against Appellant James D. Chadwick, the Chief of Police, alleging wrongful termination in violation of his first amendment rights. Chadwick appeals the district court's denial of his motion for summary judgment based on qualified immunity. We reverse.

I. FACTUAL BACKGROUND

We first review the record evidence in the light most favorable to Stanley. Stanley joined the City of Dalton Police Department in 1977. In 1993, Stanley was a Lieutenant in the Narcotics Unit and Chadwick was Deputy Chief in charge of the evidence room. Gene Slade was Chief.

A. GBI Interview

During 1993, the Georgia Bureau of Investigation ("GBI") investigated the suspected theft of money from the evidence room. The GBI interviewed Stanley with Chief Slade, Captain Bagley, and Lieutenant Black present. The record contains no transcript or GBI report regarding exactly what Stanley said to the GBI. In his 1998 deposition, Stanley testified that he gave the GBI his "theory" that he suspected Chadwick of the theft because Chadwick was one of two people with keys to the evidence room and the theft appeared to be an "inside job":

All it was was theory [sic], that's what we were talking about discussing suspects and theory. . . . There was only two people that had keys [to the evidence room]. [Chadwick] was one of them and Cooper was the other one, he and Cooper that knew the combination. The evidence from the case itself suggested it was inside, it was people with knowledge of where the monies were kept, how they were kept, what was actually there. So at the time there was a lot of political talk going on that Slade wasn't going to be reappointed, and I dealt with some people in the past in the political end of it who talked about the way the City government would appoint their chiefs and some of the things that were done in the past. So these facts and circumstances led me to that conclusion. And this was only a theory, that was something for them to check.

Stanley knew Chadwick wanted to become Chief and speculated that Chadwick may have staged the theft to damage Chief Slade's credibility. Stanley testified that he informed only those people in the GBI interview.

The GBI interviewed Chadwick, who took a polygraph test. Chadwick testified that he learned of Stanley's comments to the GBI. Chadwick confronted Stanley about his comments, told Stanley that he did not appreciate them, and asked him if he had any evidence to support his suspicions. Ultimately, the GBI never identified anyone as responsible for the theft.

B. Retaliatory Employment Actions

In late 1993, Chadwick became the Acting Chief of Police. Soon after becoming Chief in early 1994, Chadwick announced his intention to transfer Stanley from the Narcotics Unit to the third shift in the Uniform Patrol Division. The previous Chief preferred that persons serve in the Narcotics Unit for no longer than six years, and at the time of his transfer, Stanley had been in the Narcotics Unit for six years. Chadwick asked other officers being transferred about their preferences of duty, but not Stanley.

When notified of the transfer, Stanley told Chadwick that he wished to remain in the Criminal Investigation Division to complete several gambling and narcotics investigations. Chadwick still transferred Stanley, but the transfer did not involve any loss of rank or decrease in salary. Stanley did lose his $600 uniform allowance and the use of a department automobile. According to Stanley, the transfer also prevented him from concluding his ongoing gambling and narcotics investigations and required him to work excessively long hours.

After his transfer, Stanley continued his gambling and narcotics investigations. Because Stanley's work schedule interfered with those investigations, Chadwick told Stanley that he would allow Stanley to "take some time off" if necessary to work on those cases. Despite this allowance, Chadwick frequently asked Stanley's supervisor, Captain Walthour, to check on Stanley and confirm that Stanley was actually at work.

Stanley also contends that he was passed over for promotion at least once after his statements to the GBI. According to Stanley, Chadwick failed to follow department procedure requiring the posting of notices for available positions. Rather than posting the availability of a Captain's position, Chadwick posted an opening for a Lieutenant's position, promoted a Sergeant to that position, and then immediately promoted the Sergeant to the Captain's position.

C. "Buy Fund" Investigation

In April 1994, Chadwick began an investigation of the "buy fund" in the Narcotics Unit which Stanley supervised prior to his transfer. The fund's accounting records contained inconsistencies, but there was no evidence money was missing. Stanley passed a polygraph test.

After the internal investigation, the City Auditor's audit revealed that department members had not completed the proper paperwork when receiving money from the "buy fund." Chadwick issued a written reprimand to Stanley in August 1994, for violating departmental policy by failing to ensure that the officers under his command properly completed the paperwork to utilize the "buy fund." Stanley maintains that the reprimand was undeserved and asserts that his officers properly completed the paperwork. The reprimand does state that Stanley received "very little guidance as to what was expected from [him]." Chadwick met with Stanley to inform him of the reprimand, and, as Stanley left this meeting, Chadwick asked: "How does it feel to be put under the microscope of suspicion?"

D. Cooper Incident

In May 1997, Stanley had an altercation with Lieutenant Cooper. Stanley wanted to copy a large stack of papers and asked Lieutenant Cooper to instruct his staff to assist. Cooper refused even though his staff was not busy. Stanley responded by saying "damn it, I'll do it myself." Stanley proceeded to the copy room and began to make copies. Cooper followed Stanley and told Stanley that he would take care of it. Stanley asked Cooper to leave him alone but Cooper insisted on helping and pulled the stack of papers away, causing them to fall.

Stanley and Cooper began to argue and Stanley repeatedly asked Cooper to leave the room, but he refused. When Stanley tried to leave the room, Cooper stood in the doorway, blocking the exit. Stanley placed his hands on Cooper to try to move him out of the way, causing Cooper to stumble. As described by Stanley, "I was going to march him through the door but when I went to spin him he jerked out backwards and he nearly fell." Cooper then left the copy room. When Captain Neal asked what was going on, Cooper reported that Stanley had struck him. Stanley began "cuss[ing] [Cooper] out" because Cooper had falsely accused him of striking Cooper.

After the altercation, Chadwick placed Stanley on administrative leave pending investigation. Captain Walthour investigated, and his written summary concluded that misconduct had occurred because Stanley used profanity and placed his hands on Cooper. Walthour also found that Cooper shared responsibility for the incident. Walthour concluded that "[w]e can not tolerate this type of interaction between employees. I recommend a ten day suspension without pay and advanced training in interpersonal relations as well as conflict management."

After a pre-disciplinary conference with Stanley, Chadwick issued a written reprimand of Stanley for conduct unbecoming an officer and simple battery, ordered Stanley to serve a six-day suspension, and required Stanley to undergo a "fitness for duty" examination by a psychologist. ¹ Chadwick's written reprimand stated that "I will not tolerate in the future your display of temper in this manner in any form. Any further conduct along this line will result in further disciplinary action up to and including termination." No disciplinary action was taken against Cooper.

E. Coker Incident and Stanley's Termination

In November 1997, Stanley discussed a shift change with a subordinate, Sergeant Coker. Coker told Captain Walthour that Stanley lost his temper and used profanity, but Stanley denies this. Walthour relayed Coker's complaint to Chadwick and interviewed both Coker and Stanley. Because they reported differing versions of the incident, Walthour's report concluded that no evidence existed to support misconduct charges against Stanley. Chadwick requested polygraph tests. Coker's results indicated truthfulness, but Stanley's indicated deception, as follows:

The below-indicated pertinent questions were among those asked during the over-all examination.

5. HAVE YOU LIED REGARDING THIS INCIDENT WITH YOUR SERGEANT?

7. REGARDING THIS INCIDENT WITH YOUR SERGEANT HAVE YOU LIED ABOUT ANY PART OF IT?

A total of three polygraph charts were recorded. An assessment of the psychophysiological responses of the examinee to the above questions reflected significant reactions which would [sic] considered to be indicative of deceptive criteria.

It is polygraphist's opinion that physiological responses which are usually indicative of deception was [sic] noted. DECEPTION INDICATED.

Chadwick charged Stanley with "unprofessional conduct in the presence of a subordinate with the use of profanity, failure to control his temper, and providing false statements in an internal investigation." ² After a pre-disciplinary conference, ³ Chadwick terminated Stanley based on the Coker and Cooper incidents,...