Swope v. Bratton
| Decision Date | 26 May 1982 |
| Docket Number | No. 78-1062.,78-1062. |
| Citation | 541 F. Supp. 99 |
| Parties | Roger SWOPE, Plaintiff, v. Lawrence BRATTON, Individually and Chief of Police of Camden, Arkansas; Robin Nix, Individually and Mayor of Camden, Arkansas; Edwin Horton, Individually and Member of City Board of Directors; John Dawson, Jr., Individually and Member of City Board of Directors; Gale Smith, Individually and Member of City Board of Directors; Mildred Mathis, Individually and Member of City Board of Directors; Thomas T. Slaughter, Individually and Member of City Board of Directors; William J. Cook, Individually and Member of City Board of Directors; Russ Crider, Individually and City Manager of Camden, Arkansas; Britt Williford, Individually and Member of Camden Police Department; the City of Camden, Arkansas, Defendants. |
| Court | U.S. District Court — Western District of Arkansas |
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David F. Guthrie, Guthrie, Burbank & Dodson, Bobby E. Shepherd, Spencer, Spencer & Shepherd, El Dorado, Ark., for plaintiff.
Ralph Faulkner, Faulkner, Goza & Rollins, Camden, Ark., John P. Gill, Gill, Skokos, Simpson, Buford & Owen, Little Rock, Ark., for defendants.
On Motion for Attorney's Fees May 26, 1982.
The plaintiff, Roger D. Swope, brought this action alleging his rights to due process were violated when he was disciplined on two occasions during his employment with the Police Department of Camden, Arkansas. He seeks declaratory relief, reinstatement to his former position with accompanying backpay, promotions, and seniority, monetary damages and punitive damages. Jurisdiction is alleged pursuant to 42 U.S.C. §§ 1983 and 1985 and the First, Fifth, and Fourteenth Amendments to the Constitution of the United States.
The defendants deny that any rights of the plaintiff secured by the Constitution and laws of the United States have been violated by the manner and means of the disciplinary actions taken against plaintiff.
Pursuant to regular schedule, and the parties having waived trial by jury, the matter came to be tried to the Court. The Court heard and received evidence from the plaintiff and the defendants. The parties rested and the matter was taken under advisement pending receipt of briefs by counsel for the parties. All briefs have now been received and the matter is ready for decision.
Roger D. Swope is a resident citizen of Camden, Arkansas and a former member of the Camden Police Department. The City of Camden is a municipality of the first class organized pursuant to the laws of the State of Arkansas. Each of the named defendants is alleged to have acted individually and in their official capacities as Chief of Police, Mayor, City Manager, Police Officer, and Members of the Board of Directors of Camden, Arkansas.
Jurisdiction for 42 U.S.C. § 1983 is established pursuant to 28 U.S.C. § 1343(3). The complaint states a cause of action for a deprivation of rights protected by the Constitution and laws of the United States and that such deprivation was accomplished by the defendants under color of their duties pursuant to laws of the State of Arkansas.
The complaint also alleges a deprivation of rights under 42 U.S.C. § 1985. The Court finds no cause of action to exist for this section. There is no allegation of a conspiracy motivated by racial, or otherwise class-based, invidious discriminatory animus. Griffin v. Breckenridge, 403 U.S. 88, 103, 91 S.Ct. 1790, 1798, 29 L.Ed.2d 338 (1971). Hence, this cause of action must be dismissed.
The plaintiff, Roger D. Swope, was employed by the Camden Police Department May 1, 1974. He began his service as a uniformed patrol officer at Pay Grade 24, Step A. Swope remained in this position for one year before being transferred to the Detective Division. He was chosen over all other applicants for promotion to this position.
In May, 1976, Swope was promoted to the rank of Sergeant and returned to the Uniformed Patrol Division. He received the promotion even though he had been with the Police Department for only two years and six men in the department had more seniority. In addition, he was appointed a Field Training Officer in November, 1976.
Plaintiff has a Bachelor of Science Degree from Henderson State University plus some nine hours of police-oriented post-graduate study. He served in the United States Army as a military policeman. Swope's professional training includes the Arkansas Law Enforcement Recruit School and courses taught by various agencies such as the FBI and DEA.
The evidence reflects plaintiff Swope had advanced rapidly within the department and was establishing an excellent career record. Charles Walsh, a former patrolman with the Camden Police Department, stated that Swope was an excellent supervisor; he tried to keep the men together and promote their good spirits.
The personnel file of the plaintiff reflects that from 1974 until the fall of 1977, he received several commendations for various actions taken by him in the performance of his duties. The commendations refer to his devotion to duty and his willingness "to go the extra mile." A letter of commendation from Chief R. David Bentley, dated August 26, 1976, stated in part:
I would like to take this opportunity to commend you for a job well done while assigned to the Detective Division ... Your dedication, devotion, and attention to duty resulted in narcotics arrests doubling within six months ... You never failed to go the extra mile in accomplishing your job and assisting the other personnel in accomplishing theirs ...
This excerpt is representative of the content of letters in his personnel file. In addition to letters from his superiors, there are letters of praise from citizens concerning official actions by Swope.
The plaintiff worked under two Chiefs prior to Chief Bratton. Nothing in the record reflects any trouble or conflict with either Chief Bentley or Chief Scott. Lawrence Bratton became the Chief of Police in July, 1977. The problems which gave rise to this lawsuit surfaced within five months after defendant Bratton became Chief of Police. These problems revolved around the plaintiff's private life and produced a situation which this Court can only characterize as a sad occurrence for all involved.
Roger Swope married Martha Marshall in 1971. Their marriage was not a happy one and was marked by several separations. In the summer of 1977, their problems reached a head. Martha left the plaintiff in early September and moved to Little Rock.
In September, plaintiff saw Ralph Faulkner, the city attorney, and requested that Faulkner represent him in the divorce proceedings; he asked that he file the divorce action. Faulkner accepted the case but told him that things would be smoother and less time consuming if the parties could agree to a property division. As a courtesy to Chief Bratton, Swope informed him that his wife had left and they were divorcing.
Later in September, Swope informed Chief Bratton he had played tennis with an employee of the department. Swope advised Bratton that they were only friends and he just wished to inform him in case any rumors surfaced. The woman was not named.
Roger and Martha attempted a reconciliation the first week in October. During this week, they tried to resolve their problems but to no avail. They mutually agreed to proceed with the divorce.
Roger Swope again saw Ralph Faulkner, informed him a reconciliation had failed, and requested he proceed with the divorce. Swope met with Chief Bratton for a third time and stated the divorce was proceeding. He also informed him he was seeing Diana Lewis. Chief Bratton told Swope he saw no problems if it was kept at a casual level.
At a later time, Bratton told the plaintiff he was concerned about the relationship and he would not permit anything which was more than casual. He stated he would not permit them to live together. Swope advised him there was no need for concern; the relationship would cause no problems.
The testimony reflects that through October, Diana Lewis, a divorced mother of two young children, dated several people including the plaintiff. Diana had begun working at the police department in July, 1977 as a dispatcher. She and the plaintiff did not begin to see each other until Martha Swope moved to Little Rock. There is no evidence of any relationship between Diana and Roger which caused or contributed to the decision of Martha and Roger to divorce.
During November, the friendship between Diana and Roger deepened and became serious. In December, they made plans to marry as soon as his divorce was finalized. Upon inquiry of Ralph Faulkner, Roger was informed that it had not yet been filed. Mr. Faulkner explained he had been very busy, and there had been a secretarial mix-up which kept the matter from being filed. He advised Roger that since Christmas was approaching, the Courthouse would be closed and the matter should wait until the passage of the holiday season.
At this time, Roger and Diana were spending as much of their off-duty time together as possible. This was exceedingly difficult in December. Plaintiff was working the graveyard shift, that is 10 p. m. to 6 a. m. In addition, he was moonlighting as a security guard at a discount store; he was working from ten to sixteen hours per day. During December, Diana worked from 8 a. m. to 4 p. m. She also worked a number of extra shifts; many of these extra shifts occurred when Roger was scheduled to have a day off.
Diana Lewis and her two small children lived in a trailer at 452 Sycamore Street which was owned by her mother, Evelyn Boughten. Several prowler incidents occurred. These were reported to the police and investigated. The incidents scared the children and the oldest began having nightmares. Roger and Diana discussed the problem and he advised her to move. She said she was financially unable to move. Th...
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