Walls v. City of Milford

• Decision Date: 22 August 1996
• Docket Number: Civil Action No. 95-522 MMS.
• Citation: 938 F. Supp. 1218
• Parties: Ralph WALLS, Plaintiff, v. CITY OF MILFORD, a municipal corporation of the State of Delaware, and Michael T. Booker, individually and in his capacity as an employee of the City of Milford, Defendants.
• Court: U.S. District Court — District of Delaware

938 F. Supp. 1218

Ralph WALLS, Plaintiff, v. CITY OF MILFORD, a municipal corporation of the State of Delaware, and Michael T. Booker, individually and in his capacity as an employee of the City of Milford, Defendants.

Civil Action No. 95-522 MMS.

United States District Court, D. Delaware.

August 22, 1996.

Scott E. Chambers of Schmittinger & Rodriguez, P.A., Dover, DE, for plaintiffs.

James A. Fuqua, Jr. of Fuqua and Yori, P.A., Georgetown, DE, for defendants.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

I. Introduction

Plaintiff Ralph Walls ("Walls" or "plaintiff") has moved for summary judgment against defendants Michael T. Booker ("Booker") and the City of Milford ("Milford") (collectively, "defendants") on claims arising under 42 U.S.C. § 1983. The gravamen of plaintiff's complaint is that he was denied due process in connection with his suspension and termination from his employment with Milford. Plaintiff seeks nominal, compensatory and punitive damages, as well as injunctive relief. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331 and 1343. For the reasons set forth below, plaintiff's motion for summary judgment will be denied.

II. Factual Background

On plaintiff's motion for summary judgment, the facts will be recited in the light most favorable to the defendants. Bixler v. Central Pa. Teamsters Health and Welfare Fund, 12 F.3d 1292, 1297 (3d Cir.1993). The facts, however, are substantially undisputed. Walls is a Delaware citizen who was employed full-time as a lineman first class by Milford. Docket Item ("D.I.") 1, ¶¶ 1, 6. Booker is the City Manager of Milford. Id. ¶ 2. Milford is a municipal corporation, organized and existing under the laws of the State of Delaware. Id. ¶ 3. On March 24, 1995, Booker received an anonymous telephone call stating that a Milford truck had been parked at Walls' home earlier that day, and wire from that truck was unloaded into Walls' garage, and was then being loaded from Walls' garage into another truck. D.I. 14 at 2. The caller also indicated that this was not the first occurrence of this nature. Id. In response to this call, Booker contacted Chief of Police Richard Carmean ("Carmean") and related to him the substance of the call. D.I. 15 at A-1-2. Carmean sent Kenneth Brown ("Brown"), a Milford Detective, to Walls' home to investigate the matter. D.I. 15 at A-2.

Upon arrival at Walls' home, Brown noticed three men in the driveway. D.I. 15 at Exhibit ("Exh.") B, ¶ 3 (Affidavit of Brown). One of the men, spotting the police vehicle, fled behind the garage. Id. Brown recognized this person as Donald Carey ("Carey"), the Superintendent of the Milford Electric Department, and Walls' supervisor. Id. Brown spoke with Walls, and observed him to be nervous, and noticed that Walls had trouble talking and breathing. Id. ¶ 4. Walls denied that Carey had been there and stated that he had not seen Carey all day. Id. ¶ 5. Brown observed that Walls' truck was fully loaded with wire. Id. ¶ 6. Walls stated that a friend had given him the wire, and that it was being unloaded and placed in his garage. Id.

Walls then stated he wanted to speak with Booker. Id. ¶ 7. Brown suggested that they telephone Booker from Walls' home, but Walls told Brown he did not have a telephone. Id. ¶ 7. Brown then drove Walls to the Milford City Hall to speak with Booker. Id. ¶ 8. On the way to Milford City Hall, Walls gave a conflicting account regarding the wire: he stated he had been loading the wire from the garage to the truck. When Brown stated that this story was different from the story he previously related, Walls denied the previous account. Id.

When Walls arrived at the Milford City Hall, he told Booker that the wire in question was not city property and maintained his innocence. D.I. 15 at A-3. On the following Monday, Booker met with Walls for a second time. Walls again indicated that the wire was not city property and asserted that there was no wrongdoing. Id. at A-4. The next day, Tuesday, Booker met with Walls for a third time. Booker asked Walls if there was anything Walls could tell him which would "sway Booker from proceeding further with this incident and making it part of the grievance procedure." Id. at A-5. Walls again stated that the wire was not city property. Id. At no time, however, was a formal hearing held regarding the allegations against Walls.

On March 27, 1995, Booker suspended plaintiff's employment, with pay, pending a police investigation of the allegation that plaintiff was involved in the theft of the wire belonging to Milford. D.I. 1, ¶ 7. Plaintiff received notice in the form of a letter, which stated: "Effectively immediately you are hereby suspended with pay pending a police investigation of allegations regarding the theft of City property and your role in that theft. Should these allegations be found to be true, you will be dismissed immediately due to the serious nature of the alleged offense." D.I. 12 at Exh. C. Plaintiff was also informed in the letter that he had the right to appeal Booker's decision under Section 890 of the Grievance Policy of Milford's Personnel Ordinance (the "Grievance Policy"). Id. At some point subsequent to that date, but before April 12, 1995, Brown submitted a written police report to Booker containing the results of his investigation. On April 12, 1995, Booker notified Walls by letter that his employment was terminated effective that same day. Id. ¶ 8. The letter stated: "Due to the results of the City's investigation into allegations surrounding the theft of City property by you, I believe there is sufficient cause for your dismissal." D.I. 12 at Exh. D.

Plaintiff's rights to grieve his termination are set forth in the Grievance Policy. See D.I. 12 at Exh. E. There are four steps in the procedure. Under Step I, the grieving employee shall contact his immediate supervisor for a discussion of the grievance. The supervisor shall respond to the employee within two days. If the grievance is not resolved, Step II provides that the employee may request a hearing by his Department Head. The Department Head and the employee's immediate supervisor will meet with the employee within a prescribed period of time, at which meeting plaintiff may have a representative present on his behalf. The Department Head shall issue a decision to the employee within five days.

Step III allows the employee to file a written request with the City Manager for a hearing before a Hearing Panel. The Hearing Panel shall be comprised of three Milford employees appointed by the City Manager or the Chief of Police. None of the Hearing Panel members shall have been involved in any earlier phase of the grievance. The Hearing Panel shall respond within three days after the hearing by issuing a written report to the City Manager containing its findings and recommendations. Under Step IV, the City Manager shall, within five days after receiving the Hearing Panel's report, grant a hearing to the employee. After the hearing, the City Manager shall reply to the employee in writing. That determination is final and binding.

On April 17, 1995, in response to plaintiff's request for a grievance hearing under Step III of the Grievance Policy, Booker notified plaintiff that a three-member panel would be appointed by the Chief of Police to hear the appeal. D.I. 1, ¶ 9. Steps I and II, which respectively provide for intermediate review by the employee's direct supervisor and Department Head, were bypassed in Walls' case because Carey, Walls' supervisor and the Department Head of the Electric Department, who would have held the meetings under Steps I and II, had resigned after being implicated in the theft. The Step III hearing was held on May 24, 1995, at which both plaintiff and Brown testified. Id. ¶ 10. On May 31, 1995, plaintiff was notified by Booker that the panel had unanimously recommended that his termination be upheld. Id. On June 8, 1995, plaintiff informed Booker that he wished to appeal this determination as authorized by the Grievance Policy. Id. ¶ 11. Under Step IV of the Grievance Policy, a hearing was to be held before the City Manager, which, in this case, was Booker. Id. ¶ 12. Plaintiff objected to Booker's participation in the hearing, as Booker was the person who initially suspended and terminated plaintiff's employment. Id. Notwithstanding the objection, Booker held the hearing on July 6, 1995, and on July 17, 1995, issued a final decision terminating plaintiff's employment with Milford. Id. ¶¶ 13, 14.

Plaintiff raises three claims in his action. First, he alleges that the decision to terminate plaintiff's employment with Milford was arbitrary and capricious, in that it was not supported by the evidence presented through the grievance procedure. Id. ¶ 15. Second, plaintiff alleges that Booker and Milford denied plaintiff procedural and substantive due process by terminating him before any process was given him, in violation of the Fourteenth Amendment to the United States Constitution, the Constitution of the State of Delaware, and the Grievance Policy. Id. ¶ 17. Third, plaintiff argues that Booker and Milford denied him procedural and substantive due process by allowing Booker to act as the presiding officer over the final appeal, and to the extent that Booker literally complied with the Grievance Policy, that the Grievance Policy is constitutionally defective on its face. Id. ¶ 19. Plaintiff seeks damages, including back pay to April 12, 1995, and an injunction directing Milford to reinstate his employment as lineman first class with Milford. Id. ¶ 20. Plaintiff has moved for summary judgment on his claims. D.I. 10.

III. Analysis

A. Walls' Constitutionally Protected Property Interest

In order to allege a due process violation in connection with termination from employment, plaintiff must establish that he has a constitutionally protected property interest in his continued employment with Milford....