Worrell v. Bedsole

• Decision Date: 03 April 1997
• Docket Number: No. 95-2816,95-2816
• Citation: 110 F.3d 62
• Parties: NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit. John Scott WORRELL, Plaintiff-Appellant, and Linda Ruth PARKER, Plaintiff, v. Roger Morris BEDSOLE, in his official capacity as Sheriff of Cumberland County and individually; Cumberland County, North Carolina, Defendants-Appellees. SOUTHERN STATES POLICE BENEVOLENT ASSOCIATION, Amicus Curiae.
• Court: U.S. Court of Appeals — Fourth Circuit

Page 62

110 F.3d 62 NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit. John Scott WORRELL, Plaintiff-Appellant,
and
Linda Ruth PARKER, Plaintiff,
v.
Roger Morris BEDSOLE, in his official capacity as Sheriff of
Cumberland County and individually; Cumberland
County, North Carolina, Defendants-Appellees.
SOUTHERN STATES POLICE BENEVOLENT ASSOCIATION, Amicus Curiae. No. 95-2816. United States Court of Appeals, Fourth Circuit. Argued Sept. 24, 1996.
Decided April 3, 1997.

Joseph Michael McGuinness, MCGUINNESS & PARLAGRECO, Elizabethtown, North Carolina, for Appellant.

Bobby Grey Deaver, Fayetteville, North Carolina; Douglas Edward Canders, Staff Attorney, CUMBERLAND COUNTY ATTORNEY'S OFFICE, Fayetteville, North Carolina, for Appellees.

ON BRIEF: Ronald D. McSwain, BOOSE & MCSWAIN, Fayetteville, North Carolina, for Appellant. Gregory K. Kornegay, Wilmington, North Carolina, for Amicus Curiae.

Before MURNAGHAN, Circuit Judge, BUTZNER, Senior Circuit Judge, and HALLANAN, Senior United States District Judge for the Southern District of West Virginia, sitting by designation.

OPINION

BUTZNER, Senior Circuit Judge:

John Scott Worrell appeals the order of the district court granting summary judgment to Sheriff Morris Bedsole, who is sued individually and in his official capacity, and to Cumberland County, North Carolina. Worrell brought this action under 42 U.S.C. § 1983 and five sections of Article 1 of the North Carolina Constitution claiming that Bedsole unlawfully discharged him for exercising his free speech rights as a public employee. The district court found that Worrell failed to offer sufficient evidence showing that his speech was a substantial or motivating factor for his discharge. We affirm the order granting summary judgment to Cumberland County. We reverse the order granting summary judgment for Bedsole with respect to Worrell's claim because there are genuine issues of material fact in dispute. Consequently, we reinstate Worrell's state law claims.

I

On October 1, 1991, Bedsole fired Worrell from the Sheriff's Department of Cumberland County, North Carolina, where he had been employed for over 18 years. Prior to his termination, Worrell served as a Lieutenant in the Special Operations Unit (SOU), a division created to combat narcotics and prostitution in Cumberland County. During September and October of 1991, Worrell complained to Sheriff Morris Bedsole and Captain Art Binder about manpower and equipment shortages in the SOU. Specifically, Worrell felt that the defective police radios, unreliable police cars, and personnel and equipment shortages were threatening the safety of those working underneath him. Worrell expressed these concerns to Bedsole and Binder on several occasions prior to his termination. Bedsole acknowledged the shortcomings in his department but stated that "in my budget, you do with what you get." Bedsole's budget was controlled by the county commissioners, and he had been unsuccessful in acquiring extra funds to pay for new equipment and additional personnel.

On the morning of October 8, 1991, Worrell met with Bedsole, Binder, and senior administrative officials to discuss complaints that had been lodged against him as supervisor of the SOU. Members of the SOU had complained to Binder and Bedsole that Worrell slept on the job, was often unavailable to assist members of his unit, and that his subordinates had begun to lose respect for him as a supervisor. After reviewing these complaints with Worrell, Bedsole demoted him to a sergeant position in the Patrol Division. Worrell left the meeting and told Bedsole that "he would be getting a letter." Bedsole testified that although upset, Worrell's tone was not threatening or abusive towards him or any of the other senior officers at the meeting, and his behavior was not inappropriate.

The next day, Worrell stayed home on sick leave and called Sergeant Tony Hart, a member of the SOU, to express his frustration with Bedsole's decision to demote him. According to Binder, Worrell told Hart to "tell that pig-faced, chicken cooking, motherf----- to come out there and fire him and bring that n----- Bowser and that bastard Binder with him." Hart relayed this message to Binder, who ordered Hart to repeat it to Bedsole. Bedsole discussed the matter with Senior Advisor Richard Washburn and instructed Washburn to fire Worrell for insubordination. Worrell denies ever making this derogatory statement to Hart.

Washburn visited Worrell at his home the next day, October 9, 1991, and orally terminated him. Worrell alleges that Washburn warned him that if he spoke out against the sheriff or the department, they would take it out on his fiance, Ruth Parker, who was also employed by Bedsole. When Worrell relayed the message to Parker, she resigned from her job. Worrell also alleges that Washburn told him to stay away from J.W. Jones, a former employee who was challenging the sheriff's decision to fire him. Washburn has not denied making these statements. The next day, Bedsole sent Worrell a termination letter which informed Worrell that he had been fired for "insubordination" and "unprofessional and disruptive conduct."

Worrell and Parker sued Bedsole and Cumberland County for retaliatory discharge based on several related federal and state constitutional claims. The pivotal portion of Worrell's complaint alleged that he was fired for exercising his right to free speech with respect to deficiencies in equipment and personnel in violation of the First Amendment.

The district court granted summary judgment for Bedsole on all federal claims, finding that Worrell offered no evidence that his complaints about the manpower and equipment shortages were a "substantial and motivating" factor for his termination. The district court also dismissed the claims against Cumberland County "due to the peculiarities of North Carolina law regarding a Sheriff's independence from the County Commissioners." He dismissed Parker's claims on the basis of her deposition that disclosed no evidence that Bedsole had retaliated against her. Exercising its discretion, the district court dismissed the state law claims without prejudice. Parker did not appeal the district court's adverse order.

The issues before us on appeal include whether Worrell's speech was constitutionally protected and whether there exists a genuine issue of material fact about why Worrell was fired. Worrell claims that he was fired for speaking out to the sheriff about faulty equipment and personnel shortages within the department. Bedsole claims that the sole reason he fired Worrell was for making the crude, insubordinate remark to Hart. Worrell denies making the remark.

We review summary judgment orders de novo, drawing all inferences in favor of the nonmoving party. United States v. Carolina Transformer Co., 978 F.2d 832, 835 (4th Cir.1992). Summary judgment is appropriate when there exists no genuine issue of material fact and judgment may be decided as a matter of law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247 (1986). To prevail on his First Amendment claim, Worrell must show (1) that his speech was constitutionally protected and (2) that the speech was a "substantial" or "motivating" factor for his firing. Hughes v. Bedsole, 48 F.3d 1376, 1385 (4th Cir.1995).

II

To determine whether Worrell's speech was constitutionally protected, we balance Worrell's right to comment on matters of "public concern" against the interest of the government agency in effectively and efficiently administering its duties to the public. Pickering v. Board of Education, 391 U.S. 563, 568 (1968). Speech involves matters of public concern when it affects the...