Young v. Annarino, No. 1:99CV113.
Decision Date | 21 June 2000 |
Docket Number | No. 1:99CV113. |
Parties | Leanna F. YOUNG; Janet Rebecca Crisp; Paul Evington; Scott Alan Gaddy; and Rock S. Edwards, Plaintiffs, v. William R. ANNARINO, individually and in his official capacity as Chief of Police for the Asheville Police Department; Leroy Lunsford, individually and in his official capacity as Internal Affairs Officer for the Asheville City Police Department; and the City of Asheville, Defendants. |
Court | U.S. District Court — Western District of North Carolina |
Michelle Rippon, Van Winkle, Buck, Wall, Starnes & Davis, P.A., Asheville, NC, for plaintiffs.
Sharon Tracey Barrett, Patla, Straus, Robinson & Moore, Asheville, NC, Robert W. Oast, Jr., Asheville, NC, for defendants.
THIS MATTER is before the Court on the Plaintiffs' timely filed objections to the Memorandum and Recommendation of United States Magistrate Judge Max O. Cogburn, Jr. Pursuant to standing orders of designation and 28 U.S.C. § 636, the undersigned referred the Defendants' motion for summary judgment to the Magistrate Judge for a recommendation as to disposition. Having conducted a de novo review of those portions of the recommendation to which specific objections were filed, the undersigned will grant in part and deny in part the Defendants' motion. 28 U.S.C. § 636(b); Fed.R.Civ.P. 72.
Summary judgment is appropriate if there is no genuine issue of material fact and judgment for the moving party is warranted as a matter of law. Fed.R.Civ.P. 56(c). A genuine issue exists if a reasonable jury considering the evidence could return a verdict for the nonmoving parties, here the Plaintiffs. Shaw v. Stroud, 13 F.3d 791, 798 (4th Cir.1994) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). Thus, the Defendants as the moving parties have the initial burden to show a lack of evidence to support the Plaintiffs' case. Id. (citing Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)). If this showing is made, the burden then shifts to the Plaintiffs who must convince the Court that a triable issue does exist. Id. Such an issue will be shown "if the evidence is such that a reasonable jury could return a verdict for the [Plaintiffs]." Id. A "mere scintilla of evidence" is not sufficient to defeat summary judgment. Id. Moreover, in considering the facts for the purposes of this motion, the Court will view the pleadings and material presented in the light most favorable to the Plaintiffs, as the nonmoving parties. Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).
Plaintiffs, all former police officers with the City of Asheville (City), have alleged nine causes of action for violations of 42 U.S.C. §§ 1983 and 1985, state constitutional claims, breach of contract, wrongful discharge, negligent supervision, defamation, wilful and wanton conduct, and civil claims under the Racketeer Influenced and Corrupt Organization Act (RICO). Three of the Plaintiffs resigned after being confronted about improper conduct; the remaining two, who were also confronted about their conduct, availed themselves of the grievance procedures enacted by the City.
Plaintiff Young was last employed as a police officer with the City in October 1997. On three occasions, she wrote and passed worthless checks. On October 31, 1997, Young was dispatched from her patrol to see Defendant Lunsford, Internal Affairs Officer for the Asheville Police Department. Exhibit 7, Excerpts from the Deposition of Leanna F. Young, attached to Plaintiffs' Brief in Response to Defendants' Motion for Summary Judgment, at 143 ["Plaintiffs' Response"]. She was told an investigation into the third incident was underway and would be completed by the following Monday. Id. Lunsford informed Young that if she was terminated, her certification as a law enforcement officer would be eliminated; thus, she was offered the option of resigning. Id. Young responded that she had "had enough of this shit" and in sum and substance told Lunsford he could have her badge. Exhibit 4, Requested Excerpts from Young Deposition, attached to Defendants' Motion for Summary Judgment, at 152 ["Defendants' Motion"]. Young had been investigated by the Internal Affairs Division after her first worthless check incident. She concluded that if she did not resign, she would be fired and the resignation had to be given that day. Exhibit 7, Young Deposition Excerpts, at 169-70. Young wrote a resignation letter stating she was resigning for personal reasons.
Plaintiff Crisp, who began working as a police officer with the City in 1985, was last employed there in September 1998. At the end of August 1998, she was living with Jonathan Gajdik, the father of her youngest child. Gajdik was employed by the Buncombe County Sheriff's Department. On August 31, 1998, she and Gajdik became embroiled in a domestic dispute during which she reached down and picked up her gun belt in order to throw it out of the way. Exhibit 5, Excerpts from the Deposition of Janet Rebecca Crisp, attached to Defendants' Motion, at 44. The two began to struggle over the belt and the gun, which obviously had been taken out of the holster by someone, discharged. Id., at 45. Gajdik grabbed their toddler and began to leave the house when Crisp took his service revolver from his belt and threw it on the couch.1 Id. As a result of this incident, Crisp was placed on administrative leave and Gajdik filed for a domestic protection order. On September 8, 1998, she had a meeting with Defendant Annarino and her supervisor during which she was referred to the Employee Assistance Program for counseling and told to stay away from Gajdik. Id., at 60-62. On September 24, 1998, Crisp saw Gajdik with another woman and confronted him in front of witnesses at the Buncombe County Detention Facility. Again, a physical altercation ensued.
Crisp testified that after the September 24 incident, Lunsford told her he would have to refer the matter to the District Attorney unless she resigned.2 Exhibit 8, Excerpts from the Crisp Deposition, attached to Plaintiffs' Response, at 90. Lunsford also told her it was possible the Department of Social Services (DSS) would then remove the child from the custody of either parent due to the incident involving the gun. Id. However, if she resigned, the investigation would be stopped and there would be no referral to the District Attorney. Id. Lunsford had to have an answer by 9:00 a.m. the next day or he would take the matter to the District Attorney. Id., at 91. Crisp was also told that if she resigned, her certification would not be in danger. Id., at 100.
Plaintiff Crisp's father was present during this conversation with Lunsford. He testified that Lunsford said he had a meeting with the District Attorney at 2:00 p.m. that afternoon concerning the domestic altercation. Exhibit 9, Excerpts from the Deposition of Harold Crisp, attached to Plaintiffs' Response, at 12-13. Lunsford advised that once the District Attorney had the matter, DSS would be called in and the baby was likely to be removed from the custody of both parents. Id. This badly upset Plaintiff Crisp who went into the house alone. Id. While Crisp's father was speaking with Lunsford, Lunsford admitted that she was going to be fired if she did not resign. Id., at 14-15. Although Lunsford had said he had a meeting that afternoon with the District Attorney, he stayed at Crisp's home until almost 4:00 p.m., and never made a call to cancel the appointment. Id., at 16. Crisp decided to resign due to fears of losing custody of her child.
Plaintiff Evington was an Asheville police officer for almost three years before he resigned in September 1997. One evening while he was on duty, he picked up a woman in his patrol car and took her to a police substation where she performed fellatio on Evington. At first, he was told not to worry about the incident by his immediate supervisor but he later learned that Annarino was very upset about it. Exhibit 10, Excerpts from the Deposition of Paul Evington, attached to Plaintiffs' Response, at 27, 28, 78. Evington met with Lunsford on September 24, 1997, and the next day, he resigned. Exhibit 2, Affidavit of Leroy Lunsford, attached to Defendants' Motion, at ¶ 13. Evington testified that during a meeting with Annarino and Lunsford, he was told he could resign or he would be fired. Evington Deposition Excerpts, supra. Evington asked whether his resignation would allow him to maintain his certification. Annarino responded that he had no influence over the certification. Id., at 79. Evington resigned. In the separation report filed with the North Carolina Department of Justice, Annarino recommended that Evington not be employed elsewhere as a law enforcement officer. Deposition Exhibit 5, attached to Evington Deposition Excerpts. Annarino also noted that under no circumstances would he consider rehiring Evington. Id.
On December 28, 1998, Plaintiff Gaddy was stopped in his personal vehicle by Trooper C.M. Goodson of the North Carolina Highway Patrol for exceeding 75 miles per hour in a 60 miles per hour zone. Exhibit G, Excerpts from the Deposition of C.M. Goodson, attached to Lunsford Affidavit, at 5. When Goodson stopped Gaddy's vehicle, it was obvious that Gaddy was intoxicated. Id., at 7. In fact, Gaddy was later convicted of level 5 driving while under the influence of alcohol. Id., at 11. As a result of the arrest, an internal affairs investigation was conducted. Exhibit C, attached to Exhibit 3, Affidavit of Will R. Annarino, attached to Defendants' Motion. Gaddy met with Annarino and was provided a notice at that time that the meeting was a pre-disciplinary conference. Exhibit 11, Excerpts from the...
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