Adams v. Sewell

946 F.2d 757, 34 Fed. R. Serv. 390, 1991 U.S. App. LEXIS 26134, 57 Empl. Prac. Dec. (CCH) 41,084, 57 Fair Empl. Prac. Cas. (BNA) 433, 1991 WL 208968
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 4, 1991
DocketNo. 90-3645
StatusPublished
Cited by36 cases

This text of 946 F.2d 757 (Adams v. Sewell) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. Sewell, 946 F.2d 757, 34 Fed. R. Serv. 390, 1991 U.S. App. LEXIS 26134, 57 Empl. Prac. Dec. (CCH) 41,084, 57 Fair Empl. Prac. Cas. (BNA) 433, 1991 WL 208968 (11th Cir. 1991).

Opinion

BIRCH, Circuit Judge:

Appellee James Adams sued the Board of County Commissioners of Orange County, Florida (the “County”), and several individual County officials, under 42 U.S.C. § 1983 after his County employment was terminated following an investigation into charges that Adams sexually harassed a probationary employee in his department. Adams claimed, among other things, that the County’s investigation violated his constitutional rights to substantive and proce[760]*760dural due process of law. At trial, the United States District Court for the Middle District of Florida directed a verdict on all claims in favor of the individual defendants. The jury ultimately awarded Adams $314,167 in damages on his due process claims against the County, and the County has appealed that award to this court. For the reasons that follow, we AFFIRM the jury verdict in this case.

I. BACKGROUND

Adams was employed in the County’s Environmental Protection Department (the “Department”) from 1972 through January, 1987. Adams had risen to the position of Environmental Coordinator by August of 1986, when he hired Linda Mingarelli as a chemist in the Department. Adams was one of Mingarelli’s supervisors once she began working in the Department.

In December, 1986, Adams complained about Mingarelli’s job performance to John Bateman, the Department manager. Min-garelli was still considered a probationary employee at that time. Adams expressed concern that Mingarelli failed to follow established procedures for laboratory analysis and quality control before signing off on numerous reports that allegedly contained serious errors. Bateman’s secretary overheard this conversation and told Min-garelli, who responded that Adams was angry because she had resisted his persistent social advances on several occasions. Bateman’s secretary informed Bateman of Mingarelli’s accusations, and Bateman met with both Adams and Mingarelli to discuss the situation on December 9, 1986. After several heated conversations, Bateman told both parties that he would postpone resolution of the matter until after the holidays to reduce the emotional intensity of the dispute. R5-312.

On December 18, 1986, Bateman told Adams that Thomas Sewell, the County Administrator, wanted them to attend a meeting at his office the next day. Bate-man did not discuss the agenda for the meeting. When they arrived at Sewell’s office, Adams was informed for the first time that two anonymous phone callers had accused him of sexually harassing Mingar-elli. Id. at 311. An Assistant County Administrator, Jean Bennett, had already interviewed Mingarelli with respect to the charges. Adams was asked to respond orally to the accusations against him; he denied the harassment charge and discussed the errors he had found in Mingarel-li’s laboratory records. Adams was then asked if he had ever had a sexual relationship with a County employee, and he admitted to an extended relationship with a female chemist approximately six years earlier. R8-982.

At the close of the meeting, Sewell ordered that Adams be placed on paid personal leave until the County completed its inquiry into the matter. Adams was told not to speak with any member of the Department during the pendency of the investigation. Immediately after the meeting, Bate-man and Robert Baker, the County Personnel Director, offered Adams an opportunity to resign without further investigation. Baker told Adams that employees who are accused of sexual harassment rarely win, but Adams refused to resign. R5-325-26.

The County disclosed, the results of its investigation in a letter to Adams dated December 29, 1986. The letter stated that “your style of management was inconsistent with County policies and practices in several instances. Therefore, it is proposed that your employment with Orange County Government be terminated as soon as practicable.” Plaintiff’s Exhibit (“PX”) 22. Adams was given until 3 p.m. on Monday, January 5, 1987, the first working day after the holidays, to rebut the unspecified charges against him or “offer an acceptable resignation.” Id.

Adams’s attorney responded to the County’s letter on December 30, 1986. The response affirmed that Adams would not resign, and requested copies of certain records in the County’s possession that were relevant to the dispute. The County did not provide the requested copies, but subsequently compiled sworn statements from several County employees who had been interviewed during its investigation. A copy of those statements was included in [761]*761the County’s written report on the investigation, which was mailed to Adams with a cover letter dated January 15, 1987. The cover letter informed Adams that his employment was terminated effective January 16, 1987; the County report alleged evidence of insubordination, improper management of and retaliation against subordinate employees, and abuse of authority. Defendants’ Exhibit (“DX”) 34.

On January 26, 1987, Adams initiated Step I of the County’s three-step administrative grievance procedure by submitting a written complaint to his Department manager, and Bateman rejected Adams’s claims on February 2. The second step of the process offered Adams a chance to present his grievance in a personal meeting with the division director, John McGarry. The Step II meeting was held on February 12, 1987, and Adams’s attorney began informal settlement negotiations with the County Attorney, John Gehrig, after the meeting. The County grievance proceedings were postponed for several months while the parties attempted to settle the case, and McGarry never prepared a record of the Step II meeting. Finally, in June, 1987, Adams threatened to restart the grievance process unless his settlement demands were met. At that time, the County asserted that a settlement agreement was already in place and the matter was closed.

In September, 1987, Adams sought reinstatement to his former job by filing a petition for writ of mandamus in the Circuit Court in and for Orange County, Florida (the “state court”). The County asserted that Adams had agreed to a binding settlement, and the state court held a hearing on October 13, 1988, to decide whether the parties had settled the dispute. See PX 57. The County Attorney, John Gehrig, was the County’s only witness at the hearing. The state court did not grant Adams’s request for reinstatement, but found that the matter was not settled and that the parties had abandoned the County’s grievance process by mutual consent during settlement negotiations. The court issued a writ of mandamus for another Step II meeting between Adams and the new division director, to be followed by a formal Step III hearing if Adams so requested.

After the state court hearing, Adams and his attorney were permitted to review Min-garelli’s laboratory records and reports for the first time since the start of the grievance process. The review took place in Gehrig’s office, but the county attorney refused to permit copying or removal of the records from his office. The second Step II meeting was held on November 4, 1988, and Adams’s termination was upheld shortly thereafter. Adams then requested a Step III hearing before the County’s Grievance Adjustment Board.

The Step III hearing was postponed twice, and Adams filed his complaint in federal district court on January 18, 1989, before the Step III hearing actually occurred.

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946 F.2d 757, 34 Fed. R. Serv. 390, 1991 U.S. App. LEXIS 26134, 57 Empl. Prac. Dec. (CCH) 41,084, 57 Fair Empl. Prac. Cas. (BNA) 433, 1991 WL 208968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-sewell-ca11-1991.