Allen v. Bartholomew County Court Services Department

185 F. Supp. 3d 1075, 2016 U.S. Dist. LEXIS 60160, 2016 WL 2609596
CourtDistrict Court, S.D. Indiana
DecidedMay 6, 2016
Docket1:15-cv-00925-RLY-TAB
StatusPublished
Cited by1 cases

This text of 185 F. Supp. 3d 1075 (Allen v. Bartholomew County Court Services Department) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allen v. Bartholomew County Court Services Department, 185 F. Supp. 3d 1075, 2016 U.S. Dist. LEXIS 60160, 2016 WL 2609596 (S.D. Ind. 2016).

Opinion

ENTRY ON PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

RICHARD L. YOUNG, CHIEF JUDGE, United States District Court, Southern District of Indiana

Plaintiff, Brandon Allen, filed this lawsuit for declaratory relief, injunctive relief, and damages against Defendants, Bartholomew County Court Services Department, Bradford Barnes, in his official capacity as the Director of the Bartholomew County Court Services Department, Bartholomew County Youth Services Department, and Anita Biehle, in her official capacity as the Director of the Bartholomew County Youth Services Department. Plaintiff, a Court Services employee, asserts that Defendants’ written policy prohibiting employees from engaging in “political activity” runs afoul of the First Amendment to the U.S. Constitution, Article 1, Section 9 of the Indiana Constitution, and Indiana Code § 33-23-12-3. This matter now comes before the court on Plaintiffs Motion for Preliminary Injunction.1 For the reasons set forth below, the court GRANTS Plaintiffs motion.

I. Background

Plaintiff has been employed by Bartholomew County Youth Services since 2007. (Filing No. 1, Complaint ¶ 7; Filing No. 7, Answer ¶ 7). Youth Services operates the juvenile detention center in Bartholomew County, Indiana. (Id.), Defendant Anita Biehle is the Director of Youth Services. (Id. ¶ 4). From 1992 until January 1, 2013, Youth Services was a stand-alone department of Bartholomew County. (Id.). Effective January 1, 2013, Youth Services became a sub-department of Bartholomew County Court Services, which is under the direction of the Bartholomew County Board of Judges. (Id. ¶¶ 3-4). The Director of Court Services is Defendant Bradford Barnes. (Id. ¶ 3). Court Services oversees the adult probation system, community corrections, and the drug and alcohol treatment program. (Id.).

Plaintiff works as a Control Officer, and his job is part secretary and part security guard. (Filing No. 24-1, Affidavit of Plaintiff ¶ 4). While technically an employee of the state judiciary, Plaintiff does not perform any judicial functions, appear in the courtroom, interact with the public on the judges’ behalf, or regularly communicate with judges. (Id. ¶ 5; Compl. ¶ 8; Ans. ¶¶ 3, 8).

Plaintiff has been interested and active in politics for many years. He has run for public office, “worked the polls” on Election Day, and volunteered for, worked on, and donated money to many political campaigns. (Plaintiff Aff. ¶¶ 8-9). In June 2012, Plaintiff, along with some partners, created a political consulting firm named Social-Works, LLC. (Compl. ¶ 10). Plaintiff has [1079]*1079between a 40-80% stake in SocialWorks. (Id.).

Before Youth Services was merged with Court Services, the - only restriction on Youth Services employees’ paiticipation in political activity was that it not interfere with their job or occur during work time. (Compl. & Ans. ¶ 12). After the merger, Youth Services employees became subject to the Court Services Employee Handbook. (7& '¶ 13; Filing No. 24-2). The Employee Handbook contains a provision that states, in relevant part, “A Court Services’ employee retains the right to vote but shall not otherwise participate in political activity. Excepting [sic] Judges seeking re-election, no Court employee shall be a candidate for or hold a full-time elective office” (the “Policy”). (Compl. & Ans. ¶ 14; Filing No. 24-3, Employee Handbook at 22). The Employee Handbook further provides that a Court Services employee who “knowingly violates these rules or fails to report a violation shall be subject to discipline, up to and including immediate termination.” (Employee Handbook at 23).

On November 16, 2012, Plaintiff asked Biehle for clarification of the Policy via email, stating:

I am concerned because [the Policy] appears to restrict my right to things like, letters to the editor, yard signs, political fund-raisers, advocacy for or signing sehool/tax referendums, registering voters, volunteering, signing candidacy petitions, wearing buttons/clothing/bumper stickers, making phone calls, baking food for a pitch-in, running for state/national delegate, working the polls, running for/holding party office, and many other expressions of free speeeh outside of my workplace.

(Filing No. 24-2). Biehle responded, “I will have to look at it again, but I do know that this is something that changed.” (Id.). Plaintiff did not receive any other substantive response to ■ this e-mail. He also made several verbal attempts to obtain clarification of the Policy, but no clarification was ever offered. (Compl. & Ans. ¶ 17). Because- Plaintiff was concerned about being terminated for violating the Policy, he resigned his position as precinct chairman and abstained from engaging in any form of activity that could reasonably be considered “political.” (Plaintiff Aff. ¶ 16). For example, Plaintiff removed himself from political e-mail list-serves and deleted all political posts from his Facebook page. He also refrained from making donations to candidates, volunteering for campaigns, writing letters to the editor, attending public meetings, displaying yard signs, discussing politics at public events, placing bumper stickers on his vehicle, and “liking” politically-themed content on Face-book. (Id.).

On January 13; 2014, Plaintiff sent another e-mail to Biehle, asking whether he could pursue outside employment with a political consulting firm. (Filing No. 24-5). He also asked for further clarification of the Policy on matters unrelated to outside employment. Specifically, Plaintiff inquired whether he was able to run for state delegate or precinct chair, “work the polls” on Election Day, or make donations. (Id.). On January 31, 2014, Biehle shared Barnes’ response with Plaintiff. Barnes wrote, “Brandon can work the polls if that means thru [sic] the official duty with the clerk’s office. If he is politicking for a candidate or party, no. No to all other requests he has listed.” (Filing No. 24-6).

On May 24,2014, Plaintiff sent a third email to Biehle in which he asked whether the Policy required him to divest himself of his ownership stake in SocialWorks. Plaintiff also wrote,

Based on the written policy and the below response [Barnes’ January 31 message] .as well as the narrow allowance for being a poll worker (which, [1080]*1080outside of a nametag pretty much, allows for no political activity by law), am I correct in assuming that anything which could possibly be labeled political activity is prohibited? I’m sorry to have to ask about this again, but I just want to know what the appropriate actions are for me to comply with the Court Services policy.

(Filing No. 24-7). Barnes replied on May 29, 2014:

You are correct that political activity is prohibited, other than voting and attending events to hear candidates. I cannot advise you as to whether active participation in your business is prohibited and whether you need to divest yourself of your ownership... .You should be guided by the plain wording of our policy.

(Filing No. 24-8). Plaintiff has continued to refrain from engaging in any activity that could reasonably be deemed “political.” (Plaintiff Aff. ¶ 21).

II. Legal Standard

“A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter v.

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Bluebook (online)
185 F. Supp. 3d 1075, 2016 U.S. Dist. LEXIS 60160, 2016 WL 2609596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-bartholomew-county-court-services-department-insd-2016.