Vines v. City of Dallas, Tex.

• Decision Date: 28 February 1994
• Docket Number: No. 3:91-CV-1337-P.,3:91-CV-1337-P.
• Citation: 851 F. Supp. 254
• Parties: Mack Merrell VINES, Plaintiff, v. The CITY OF DALLAS, TEXAS and Jan Hart, individually and in her official capacity as City Manager of the City of Dallas, Texas, Defendants.
• Court: U.S. District Court — Northern District of Texas

851 F. Supp. 254

Mack Merrell VINES, Plaintiff, v. The CITY OF DALLAS, TEXAS and Jan Hart, individually and in her official capacity as City Manager of the City of Dallas, Texas, Defendants.

No. 3:91-CV-1337-P.

United States District Court, N.D. Texas, Dallas Division.

February 28, 1994.

COPYRIGHT MATERIAL OMITTED

Bill Boyd, Boyd Veigel, McKinney, TX, for plaintiff.

Arthur Lee Walker, Gwendolyn W. Satterwaite, Walker and Satterwaite, Allen Butler, David A. Scott, Clark, West, Keller, Butler & Ellis, L.L.P., Dallas, TX, for defendants.

MEMORANDUM OPINION AND ORDER

SOLIS, District Judge.

Now before the Court are:

1) Defendants' Motion for Summary Judgment and Brief in Support, filed March 31, 1992;

2) Defendants' Supplemental Motion for Summary Judgment and Supporting Brief, filed June 9, 1992;

3) Plaintiff's Response and Brief in Opposition to Defendant Jan Hart's Motion for Summary Judgment on the Defense of Qualified Immunity, filed September 1, 1992;

4) The Affidavit of Bill Boyd, filed September 1, 1992;

5) Defendants' Reply to Plaintiff's Response to Defendants' Motion for Summary Judgment on the Defense of Qualified Immunity, filed September 16, 1992;

6) Defendants' Partial Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted and Brief in Support, filed June 8, 1992;

7) Plaintiff's Response and Brief in Opposition to Defendants' Partial Motion to Dismiss for Failure to State a Claim Upon Which Relief May Be Granted, filed June 29, 1992; and

8) Defendants' Reply to Plaintiff's Response in Opposition to Defendants' Partial Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted, filed July 14, 1992.

For reasons that follow the Court grants the Defendants' Motion for Summary Judgment on the basis of qualified immunity as to Plaintiff's section 1983 claims for deprivation of a liberty interest without due process of law and for deprivation of a property interest without due process of law. The Court grants Defendants' Motion to Dismiss plaintiff's section 1983 claim for malicious prosecution. Lastly, the Court, sua sponte, dismisses the Plaintiff's state law claims pursuant to Rule 12(b)(6).

I. Background Facts

Mack Vines ("Vines") was employed as Chief of Police for the City of Dallas (the "City") from August 1988 through September 1990. On June 27, 1990, Patrick LeMaire, a police officer for the City, shot and killed a Mexican national. The Internal Affairs Division (the "IAD") of the Dallas Police Department conducted an investigation into the fatal shooting. The IAD concluded LeMaire had violated the Department's policy regarding the use of deadly force. Vines terminated LeMaire's employment based upon the results of the investigation. LeMaire appealed the decision to terminate his employment and was eventually reinstated as a police officer.

Several concerns regarding the IAD's investigation into the LeMaire shooting were raised during the appeal. To address these concerns, Jan Hart, Dallas City Manager ("Hart"), authorized a panel to conduct a review of the IAD's investigation of the LeMaire shooting. The panel heard testimony from several witnesses. The panel instructed the witnesses not to discuss their testimony with any other person. Vines was one of the witnesses subpoenaed to testify before the panel. Before testifying, Vines was given a one-page document entitled "ADMINISTRATIVE INVESTIGATION WARNING" to sign. The warning stated in pertinent part that "Your testimony as well as any information or evidence which is gained through your testimony cannot be used against you in any criminal proceeding. Your testimony will be given under oath and any untruthful testimony may subject you to disciplinary action, including discharge from the City of Dallas employment."

Following Vines' testimony, another witness, Mr. Holliday ("Holliday"), received a telephone call from Vines during which Vines allegedly discussed his testimony with Holliday and attempted to influence Holliday's testimony. Holliday informed Hart of this alleged discussion. The next day Vines again testified before the panel. Upon being questioned about the alleged telephone conversation with Mr. Holliday the night before, Vines stated he had not talked to Holliday. Upon further questioning, however, Vines admitted he had talked to Holliday, but denied he had discussed his testimony with Holliday.

After the panel's investigation was concluded, it sent a report to Hart. The report stated the panel felt there was a deliberate attempt by one or more individuals to subvert its findings. Hart then contacted the District Attorney for Dallas County, John Vance ("Vance"), and inquired as to whether the District Attorney's office could conduct an investigation regarding the panel's concerns. Vance agreed to do so. After the investigation, Vance presented the results of his investigation to a grand jury which ultimately returned a single misdemeanor indictment against Vines. Upon receiving this information, Hart fired Vines. Further, Hart stated in a press conference that Vines had been indicted and that he was being terminated. Hart was quoted in a newspaper article as saying that Vines had "lost the public trust and confidence."

Vines then filed suit against Hart and the City alleging various causes of action. Hart has raised the defense of qualified immunity to various claims made against her in her individual capacity.

II. Summary Judgment

Summary Judgment is proper if the pleadings, discovery materials and affidavits "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." Fed.R.Civ.P. 56(c). Once a proper motion for summary judgment is made, the nonmovant must then direct the Court's attention to evidence in the record sufficient to establish that there is a genuine issue of material fact. To satisfy this burden, then nonmovant must set forth specific facts, and mere conclusory allegations are not sufficient to defeat a motion for summary judgment. Topalian v. Ehrman, 954 F.2d 1125 (5th Cir.1992). The nonmovants may not rely on "mere allegations made in their pleadings without setting forth specific facts establishing a genuine issue worthy of trial." Id. at 1131.

A. Section 1983 Claim for Deprivation of a Liberty Interest

Plaintiff claims neither Hart nor the City afforded Vines the opportunity to request a name-clearing hearing before Hart conducted a news conference where Hart allegedly made false and stigmatizing statements about Vines. Plaintiff claims that because of the Defendants' actions, Plaintiff was denied a liberty interest in his employment without due process of law.

Defendant Hart has asserted the defense of qualified immunity to Plaintiff's claim. In determining whether Defendant Hart has established her defense of qualified immunity, the Court uses a two-prong analysis. First, the Court must inquire as to whether there has in fact been a violation of a clearly-established constitutional right by the Defendant. If the Court determines that there has been such a violation, the Court then must conduct a second inquiry as to the objective legal reasonableness of the Defendant's conduct. Farias v. Bexar County Bd. of Trustees for Mental Health Mental Retardation Services, 925 F.2d 866, 875 (5th Cir. 1991).

Where false and stigmatizing charges against a discharged public employee are improperly publicized, the terminated employee is entitled to a public hearing providing him with an opportunity to clear his name. Rosenstein v. Dallas, 876 F.2d 392, 395 (5th Cir.1989). If the terminated employee is denied the right to a name-clearing hearing, he may recover from defendants. In re Selcraig, 705 F.2d 789, 797 n. 10 (5th Cir.1983).

Plaintiff's claim is founded on the notion that such a hearing must occur prior to discharge or publication. This is simply not the case. Id. at 796-797; Campos v. Guillot, 743 F.2d 1123, 1126 (5th Cir.1984); Rosenstein, supra at 396 n. 8. Plaintiff states that the City has not shown any reason why it could not have provided him with a pre-termination hearing. The question is not whether the City could have provided him with a pre-termination hearing, but whether a pre-termination hearing was necessary under the facts of this case. At the press conference, Hart announced she was firing Vines because he had been indicted. This fact would not be altered by a pre-termination hearing. Therefore, under the facts of this case, Vines was not entitled to a hearing before his termination.

Further, it is undisputed that Plaintiff was given the opportunity to request a name-clearing hearing and he failed to do so. The law is clear that a name-clearing hearing must have been requested by Plaintiff to sustain a 1983 claim for deprivation of a liberty interest. Id. at 395-396; Howze v. Austin, 917 F.2d 208 (5th Cir.1990); Campos v. Guillot, supra at 1126. Therefore, Defendant Hart did not violate any clearly established constitutional right of Plaintiff in discharging him without first providing him the opportunity for a name-clearing hearing. For this reason, the Court will grant Defendants' Motion for Summary Judgment on Plaintiff's 1983 claim for deprivation of a liberty interest against Jan Hart.¹

B. Section 1983 Claim for Deprivation of a Property Interest Against Jan Hart

Vines has alleged he had a constitutionally-protected property right in the benefits granted to him by the City in the warning, and that the City deprived Vines of those benefits by sending the issue of the truthfulness of Vines' testimony to the District Attorney's office².

Defendant Hart has asserted the defense of qualified immunity to Plaintiff's claim. Therefore, the Court must decide whether Hart violated a clearly established right of the Plaintiff. The Court finds that Hart did not. The Court cannot say that Hart's conduct deprived Plaintiff of any clearly-established...