Williams v. Madison Cnty., Case No. 4:12-cv-00561-EJL-CWD
| Decision Date | 18 November 2014 |
| Docket Number | Case No. 4:12-cv-00561-EJL-CWD |
| Court | U.S. District Court — District of Idaho |
| Parties | TRAVIS WILLIAMS and AMANDA WILLIAMS, husband and wife, Plaintiffs, v. MADISON COUNTY, IDAHO and the MADISON COUNTY SHERIFF'S DEPARTMENT, a political subdivision of Madison County, Idaho, Defendants. |
REPORT AND RECOMMENDATION RE: DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Dkt. 25)
The court has before it Defendants' Motion for Summary Judgment (Dkt. 25), as well as their motion to strike (Dkt. 32) and Plaintiffs' motion to supplement the record (Dkt. 35). The Court heard oral arguments on all pending motions on November 3, 2014. For the reasons explained below, the Court will recommend that Defendants' Motion for Summary Judgment be granted on Counts IV and VI; granted in part and denied in part on Counts I, II, III and V, as set forth in Plaintiffs' Second Amended Complaint. (Dkt. 23.) Because the Court did not need to consider the majority of the material or testimonysought to be stricken or any of the material sought to be supplemented in arriving at its recommendation, the Court denies the remaining two motions without prejudice to the parties renewing their objections or supplementing the record before or at the time of trial.
Plaintiffs Travis Williams and his wife, Amanda Williams, sued Madison County and the Madison County Sheriff's office alleging Madison County violated Travis Williams' substantive due process rights when his employment was terminated in an arbitrary and capricious manner. Travis Williams alleges also violation of his constitutional right to free speech. In counts IV - VI, Plaintiffs allege state law claims for wrongful termination in breach of a contract of employment, negligent infliction of emotional distress, and a whistleblower claim. Amanda Williams alleges she suffered from "mental anguish and a loss of companionship, society, and comfort" with her husband as a result of each cause of action, except for the whistleblower claim.
Travis Williams began working at the Madison County Sheriff's Department in 1995 as a reserve deputy. By 2006, Williams was promoted to the rank of Captain in the criminal division. On or about August 7, 2010, Madison County Sheriff's Deputy Nathan Kerbs was involved in an incident in Jefferson County, Idaho. Kerbs was off duty andhad been drinking alcohol.2 Kerbs' father was involved in an altercation which Kerbs did not witness, and law enforcement was called to the scene. Kerbs was interviewed by the investigating officers of the Rigby Police Department and he identified himself as a Madison County detective. The investigating officers apparently accused Kerbs of lying during the investigation to cover for his father. Kerbs was not charged with any unlawful conduct and was allowed to leave the scene of the incident after he was interviewed.
Travis Williams, as Kerbs' supervisor, was informed of the incident. Williams discussed the matter with Chief Deputy Ryan Kaufman, and Williams volunteered to gather information and prepare a preliminary report to Sheriff Klingler.3 Williams compiled the information and wrote a memorandum on August 23, 2010, finding that Kerbs had not witnessed the altercation and had not lied to investigating officers, implying there was no malfeasance on the part of Kerbs. Williams recommended Kerbs be counseled about being a bar patron and when it is appropriate to identify himself as a police officer, because actions off duty represent the Madison County Sheriff's Office. Williams did not recommend any other discipline for Kerbs. Before submitting the report to Chief Deputy Kaufman and Sheriff Klingler, Williams showed a draft of his report to Kerbs.
Deputy Kaufman and Sheriff Klingler did not agree with all of the conclusions in Williams' August 23, 2010 memorandum. On September 2, 2010, Williams received a Notice of Suspension with Pay Pending Investigation. The Notice indicated the basis for the discipline was violation of personnel policies, including conduct unbecoming an officer. On September 14, 2010, Williams received a Notice of Proposed Personnel Action - Termination from Sheriff Klingler, explaining that the memorandum Williams authored violated provisions of the 2006 Madison County Personnel Policy manual4 and Sheriff's Office policy. Williams requested an appeal hearing, and one was held before Sheriff Klingler on September 29, 2010. Williams was present with his attorney and was allowed to present evidence.
On November 10, 2010, Williams received a written Notice of Decision Regarding Pending Personnel Action from Sheriff Klingler. The Notice indicated Williams would be disciplined for "preparing an inadequate report of the incident involving Detective Kerbs," for "failing to adequately act as a Captain," and for "causing disruption in the workforce by admitting [he] had talked to Deputy Kerbs prior to his submission of [his] report." It indicated the actions violated four provisions of the MCPP, including provisions regarding conduct adversely affecting the Office and engaging in behavior designed to create discord and lack of harmony at the office. Williams was given a reduction in rank from Captain to Detective, his rate of pay was reduced by $2.00 per hour to $21.67 per hour, and Williams was placed on probation for two years fromthe date of the Notice. The Notice further indicated that, "as a Probationary employee, you are considered to be an at-will employee, subject to termination of employment at the will of the Sheriff." Williams signed an acknowledgement of receipt of the Notice.
Because of the disciplinary action, Williams filed a notice of tort claim on April 4, 2011. In the Notice of Tort Claim, Williams asserted that Madison County failed to follow its own policies and procedures regarding investigation of a personnel action; improperly demoted Williams; disciplined Williams because of his perceived medical disability; failed to provide an impartial hearing; and denied Williams procedural due process.
On April 12, 2011, Williams received a Notice of Personnel Action - Reprimand and Notice of Last Chance," indicating he was subject to discipline for, among other things, allegedly violating evidence handling procedures and for failing to timely file reports. On May 9, 2011, Plaintiff received a "Notice of Suspension with Pay Pending Investigation" regarding allegations that he was working for Broulim's Fresh Foods while on duty for Madison County. After a tri-county investigation found Williams had not violated Madison County policy, he was returned to work on May 27, 2011.
On February 23, 2012, Williams' written performance evaluation (reviewed by Mike Courtney and approved by Dave Stoddard) indicated Williams met or exceeded 22 out of 25 specific job requirements, with the exception of a "marginal" review in the remaining three areas: following chain of command; productivity during times of low activity; and, displaying a positive attitude towards the job and others. The supervisor's comments indicated Williams "has taken steps to overcome some personal issues" andthat Williams' comments and goals stated on the evaluation "reflect well about his current attitude towards work accomplishing tasks and getting his work done to the best of his abilities."
On April 17, 2012, the Sheriff's Office held a staff meeting and training session regarding the "proper handling of evidence." All deputies signed a policy statement clarifying proper evidence handling procedures.
On May 30, 2012, Plaintiff was given a "Notice of Proposed Personnel Action -Termination and Notice of Administrative Suspension" from Sheriff Klingler. The May 30, 2012 Notice referenced the November 10, 2010, April 11, 2011, and May 4, 2011 Notices, and stated that "since the above-referenced incidents," Williams had engaged in several additional incidents violative of policy. These incidents included a chain of command violation; lack of professionalism; leaving his law enforcement vehicle unlocked with a loaded firearm in plain sight; violation of evidentiary rules as to the keeping, marking and storing of evidence; and, creating disharmony in the office. Based upon the outlined incidents, the Notice referenced fourteen alleged policy violations for which termination of employment was sought. The Notice indicated Williams could submit a written response, and had the right to an appeal hearing before Sheriff Klingler, which Williams could attend with counsel. Williams was placed on administrative suspension with pay until the matter was resolved. Williams requested an appeal hearing, and on June 6, 2012, Sheriff Klingler notified Williams he could appear for such a hearing.
A hearing was conducted on July 26, 2012. Williams appeared with counsel, presented evidence, and testified in person. Sheriff Klingler acted as the hearing officer in regard to Williams' termination. Sheriff Klingler had previously acted as a hearing officer during the September 2010 disciplinary proceedings. Sheriff Klingler stated he did not have any "personal or financial stake" in the decision to terminate Williams' employment, and that he did not hold any "personal animosity" toward Williams or harbor any bias against Williams.
Williams' employment was terminated by Madison County the day after the hearing on July 27, 2012, and Williams was provided with a "Notice of Decision - Personnel Action - Termination" by Sheriff Klingler, which described the Sheriff's findings. The Notice listed thirteen alleged policy violations. The Notice did not indicate Williams had any further right to appeal, and at the July 26, 2012 hearing, Williams understood it was the final hearing. Williams did not request a post-termination "name clearing hearing."
According to Sheriff Klingler, Williams' employment was terminated for the reasons set forth in the "Notice of Proposed...
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