Waring v. INTERN. LONGSHOREMEN'S ASS'N LOCAL 1414

• Decision Date: 17 July 1987
• Docket Number: No. CV486-401.,CV486-401.
• Citation: 665 F. Supp. 1576
• Parties: Lawrence E. WARING, Plaintiff, v. INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, LOCAL 1414 OF SAVANNAH, GEORGIA and John H. Mackey, Individually and as Agent for Defendant Local 1414, Defendants.
• Court: U.S. District Court — Southern District of Georgia

665 F. Supp. 1576

Lawrence E. WARING, Plaintiff, v. INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, LOCAL 1414 OF SAVANNAH, GEORGIA and John H. Mackey, Individually and as Agent for Defendant Local 1414, Defendants.

No. CV486-401.

United States District Court, S.D. Georgia, Savannah Division.

July 17, 1987.

David Roberson, Savannah, Ga., for plaintiff.

Fletcher Farrington, Saunders Aldridge, III, Savannah, Ga., for defendants.

ORDER

EDENFIELD, District Judge.

By Order of December 5, 1986, this Court found that plaintiff had been suspended from membership in Local 1414 of the International Longshoremen's Association ILA without having been afforded the due process protections guaranteed him by section 101(a)(5) of the Labor Management Reporting and Disclosure Act (29 U.S.C. § 411 et seq.) LMRDA. The Court found additionally that, by virtue of the void suspension, plaintiff had been wrongly prevented from accepting a nomination for the position of treasurer with respect to certain local union elections scheduled for December 9, 1986. In light of these findings, the Court ordered that elections be postponed for a period of time sufficient to permit the union to afford the plaintiff a full and fair rehearing (and possibly an expedited appeal). If no charges were pressed or if new proceedings terminated in plaintiff's favor, the Court held, plaintiff would be eligible for nomination and election.¹

Though plaintiff was successful in convincing this Court to exercise its rarely-wielded equitable powers, plaintiff has shown great persistence in pursuing a claim against the defendants for damages allegedly arising out of the rather technical due process violation recognized by the Court. Mr. Waring has also persisted in maintaining a damages claim in connection with defendants' alleged violation of plaintiff's free speech rights. See 29 U.S.C. § 411(a)(2). Additionally, plaintiff amended his complaint on February 20, 1987, in order to include state law claims against the defendants for false arrest, false imprisonment, and intentional infliction of emotional distress.²

With the date of trial fast approaching, the defendants have come forward with various attacks on Mr. Waring's federal and state claims. Before the Court are the defendant union local's motions for partial dismissal and for partial summary judgment. Also before the Court is defendant Mackey's motion for summary judgment as to individual liability.

BACKGROUND

Many of the facts surrounding this internal union dispute are reported elsewhere.³ The Court here examines only those factual issues relevant to disposition of the matters at hand.

The incident out of which this case arises occurred on January 8, 1986, when plaintiff caused an article to be published in a local Savannah newspaper. The article announced that one of plaintiff's fellow union members, Eddie McBride, had been elected "Man of the Year" by Local 1414. Local 1414 does not recognize a "Man of the Year." Local 1414's Executive Board, consequently, decided to charge Mr. Waring with violation of several provisions of the international and local union constitutions. The executive board mailed a letter to plaintiff directing him to appear for a hearing concerning the charges. The hearing date was set for January 16, 1986. Plaintiff did not appear. He was convicted in absentia and was suspended from union membership for a period of one year. Only "Man of the Year" Eddie McBride, a member of the board, voted for acquittal on all charges.

The letter directing plaintiff to appear before the executive board for a hearing contained a typographical error, by virtue of which plaintiff could have believed that he was to be tried for a violation of a union provision clearly inapplicable to his conduct. Also, the letter sent to plaintiff did not outline the content of the provisions with which plaintiff was to be charged. Thus, plaintiff was not afforded adequate notice of the charges against him. It follows that plaintiff's January 17, 1986 hearing was procedurally flawed. It was this procedural flaw, and defendants' subsequent failure to provide plaintiff with a full and fair rehearing, that prompted this Court to grant injunctive relief in December 1986.

In any event, on January 24, 1986, one week after the executive board took action, a regularly scheduled meeting of ILA Local 1414 was held. Plaintiff was in attendance. When plaintiff rose to question the minutes of a certain executive board meeting that had been held on January 15, 1986, defendant Mackey, the president of the local, informed Waring that he would be required to apologize to the membership for allegedly unruly behavior at a previous meeting before he would be allowed to attend further meetings. Waring refused to apologize and was asked to leave. Waring refused this latter request, as well.

Though there is some dispute as to the nature of plaintiff's conduct at the January 24 meeting, it appears without doubt that his conduct was less than exemplary. According to the minutes, plaintiff's disorderly conduct prompted defendant Mackey to request guidance from the membership, whose "consensus" it was that plaintiff be ejected. It is well worth noting that, subsequent to this consensus having been determined, it was Eddie McBride who suggested (having voted just one week before to acquit plaintiff of all charges of misconduct) that the Savannah Police Department be called to the union hall.

The police were in fact called. Upon their arrival, the police were informed by defendant Mackey that the latter was in charge of the building and that he wanted the plaintiff to leave. The police escorted Mr. Waring out of the building and explained to him that he would be arrested if he reentered the union hall. Plaintiff promptly reentered the building and, consequently, was arrested for criminal trespass. Waring did not resist. He was taken to the Chatham County Jail, where he was booked, forced to remove his clothing, and held for several hours. The criminal trespass charge was dismissed by the Chatham County Recorders Court on January 29, 1986.

On February 7, 1986, plaintiff appeared at yet another regularly scheduled meeting of Local 1414. Plaintiff claims that it was his intention to appeal his suspension at this meeting. However, it is clear that, as of February 7, 1986, plaintiff had not yet complied with proper union procedures for appeal. See infra. Upon plaintiff's entrance into the union hall, defendant Mackey directed plaintiff to leave. Plaintiff refused, another consensus of the membership was taken, and it was decided that the police should be called once again. The police arrived, escorted plaintiff out of the union hall, and told him that he would be arrested if he were to reenter the building. According to one of the policemen, the plaintiff "indicated to us that if he had to go to jail to prove his point, he would go to jail and that people back in the 1960's had to go to jail to prove their point." Askew Affidavit at 2. Plaintiff proceeded back into the building and was arrested for criminal trespass. There seems to be rather convincing evidence that plaintiff asked the police to feign the exercise of excessive force in removing plaintiff from the union hall. The police, naturally, refused this request. Again, plaintiff was taken to the Chatham County Jail, where he was booked, forced to remove his clothing, and held for several hours. The criminal trespass charge was dismissed by the Chatham County Recorders Court on February 10, 1986.

LAW & ANALYSIS

It is clear that plaintiff's state law claims for false arrest, false imprisonment, and intentional infliction of emotional distress relate only to the events that took place on January 24 and February 6, 1986. As to Mr. Waring's LMRDA claims, it appears plaintiff has conceded that these are viable only insofar as they relate to his initial suspension. Notwithstanding plaintiff's concession, the Court takes this opportunity to clarify the matter and to state that the defendant union's motion for partial dismissal as to LMRDA claims arising out of the incidents that occurred at the union hall on January 24 and February 6, 1986 shall be GRANTED. Plaintiff not having made any attempt to pursue internal grievance procedures with respect to his ejections from the union hall, any LMRDA claims that might conceivably have arisen out of those incidents are time-barred by the applicable six-month statute of limitations. Hester v. International Union of Operating Engineers, 818 F.2d 1537 (11th Cir.1987).

The Court is left to consider, then, the union's motion for partial summary judgment as to plaintiff's state law claims, and defendant Mackey's motion for summary judgment as to individual liability. The Court proceeds first to address defendants' objections to plaintiff's state law claims.

A. State Law Claims

Defendants maintain that no union member or representative caused plaintiff to be arrested, and that the plaintiff was arrested for the commission of a crime in the presence of a police officer. Citing as authority the case of Arrowsmith v. Williams, 174 Ga.App. 690, 331 S.E.2d 30 (1985) (defendants not liable for false arrest or malicious prosecution where, e.g., decision to arrest is left to discretion of officer), defendants argue that they cannot be held liable for false arrest or malicious prosecution under the circumstances of the case at bar. Defendants also argue that they cannot be held liable under state law for intentional infliction of emotional distress with respect to the incidents that occurred on January 24 and February 6, 1986.

Plaintiff, on the other hand, argues that because he was a member in good standing at all times relevant hereto, as was recognized by this Court in its Order of December 5, 1986, plaintiff had an absolute right to be in attendance at the union meetings from which he was ejected. It is plaintiff's contention, therefore, that he...