Biggs v. Village of Dupo

892 F.2d 1298, 1990 WL 840
CourtCourt of Appeals for the Seventh Circuit
DecidedJanuary 9, 1990
DocketNo. 88-1995
StatusPublished
Cited by37 cases

This text of 892 F.2d 1298 (Biggs v. Village of Dupo) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Biggs v. Village of Dupo, 892 F.2d 1298, 1990 WL 840 (7th Cir. 1990).

Opinion

FAIRCHILD, Senior Circuit Judge.

On July 1, 1985, Danny Biggs was fired from his job as part-time police officer for the Village of Dupo, Illinois, on account of statements he made during an interview which had appeared in a local newspaper. Mr. Biggs filed suit under 42 U.S.C. § 1983 against the Village, its mayor and the four village trustees who voted to fire him, for violating his first amendment right to freedom of speech. The case was tried on January 27 and 28, 1988, and the jury returned a general verdict in favor of Mr. Biggs, awarding him $60,000 in compensatory damages. The court entered judgment accordingly, and awarded Mr. Biggs $16,525.00 in attorney’s fees and $510.78 in expenses. On appeal, the defendants raise three issues: (1) whether the defendants violated Mr. Biggs’ first amendment rights; (2) whether the evidence supported an instruction on damages for mental suffering or emotional distress; and (3) whether the district court’s award of attorney’s fees was excessive.

I. Background

Mr. Biggs worked for the Village of Dupo as a part-time police officer for fourteen years. Dupo is a community of approximately 3,000 people, about eight miles south of East St. Louis, Illinois. In 1985, Dupo’s police department had five full-time officers and four part-time police officers, including Mr. Biggs. Sergeant Norman Thompson was Mr. Biggs’ immediate superior, and handled the scheduling of both full- and part-time officers. The police department was headed by Chief of Police Walter Ford, who was responsible to defendant Curtis Wiechert, the Village’s Mayor and ex officio Police Commissioner. The Mayor was responsible to the Village’s six-member Board of Trustees, whose bimonthly meetings he attended.

During the first half of 1985, a local weekly newspaper called the Cahokia-Dupo Journal planned a series of articles called “Meet Your Police,” each article to feature an individual officer of the village police department. The chief of police approved the interviews upon which the “Meet Your Police” articles were to be based, and the interviews were scheduled through the department. By early June, the five full-time officers had been interviewed, and a reporter from the Journal interviewed Mr. Biggs. The record does not show whether the Journal published any other “Meet Your Police” articles, but on Wednesday, June 26, 1985, an article [1300]*1300based on Mr. Biggs’ interview appeared. Mr. Biggs agrees that it accurately reflects what he said to the reporter during his interview. The emphasis given particular statements is apparently the paper’s.

The article (the full text is in this opinion’s appendix) opens with a quote from Mr. Biggs: “In the years that I’ve been here, it’s been hard to distinguish the politicians from the criminals.” The article’s headline comes from this quote. Generously quoting Mr. Biggs, the article focusses on Mr. Biggs’ complaint that the “politicians” of Dupo have hurt the Village police department with their “interference.” According to Mr. Biggs, politics and the politicians, who have “always interfered,” should be kept out of the department’s affairs. While Mr. Biggs conceded that recently things had improved some, he complained that the department still lacked adequate funding for equipment and officers’ salaries. The article also relates Mr. Biggs’ impression that “the politicians have run most of the good people away” from the police department, including former Chief Carl Wolf, and that Mr. Biggs’ own applications for full-time officer and for police chief were turned down.

The article made the Village officials unhappy. Following its publication, Mayor Wiechert told Sergeant Thompson to take Mr. Biggs off the police work schedule for that coming weekend. The next Monday, July 1, 1985, at a regularly scheduled meeting of the Village Board of Trustees, May- or Wiechert recommended that the Board revoke Mr. Biggs’ commission as part-time police officer, effective immediately. After discussion, a majority of the Board — defendants Charles Binnion, I.D. Cleveland, Faith Feltmeyer, and Marvin Stout — voted to revoke Mr. Biggs’ commission. This lawsuit followed.

There was no dispute at trial over why Mr. Biggs was fired. Mayor Wiechert and the three Board members who testified all agreed that they were motivated to remove Mr. Biggs from the Village police force solely on account of the content of the “Meet Your Police” article. Although the officials seemed especially upset over the “it’s hard to distinguish the politicians from the criminals” remark, they did not focus on any specific statements in the article as the impetus for their decision. Indeed, Trustee Feltmeyer said she was “offended” by Mr. Biggs’ statements about inadequate police department funding and the poor condition of its police cars, that officers sometimes had to patrol in their private cars, and that the department had to ask the American Legion and VFW to donate radios for the police cars.

The defendants moved for directed verdict at the close of evidence, claiming Mr. Biggs’ comments were unprotected by the First Amendment since they did not relate to a subject of public concern, and that even if they did, Mr. Biggs’ interest in speaking out was outweighed by the Village’s interest in promoting the efficiency of its police department. The district court denied the motion, finding that “the obvious purpose” of the “Meet Your Police” series “was to inform the public and educate the public about their police department,” and that since the Village had approved the interview, it couldn’t later claim that what Mr. Biggs had to say was of no interest to the public. Having “heard no testimony from anyone that this article did, in fact, interfere with the smooth operation of the [police] department,” and finding that there was no potential for disrupting direct working relationships within the Village government since Mr. Biggs was “at the bottom of the ladder” of the department while his comments concerned people (either presently or formerly) at the top of village government, the court held as a matter of law that Mr. Biggs’ statements were constitutionally protected, and so instructed the jury.1 The court later denied the defendants’ motion for judgment notwithstanding the verdict on essentially the same grounds, and denied a motion for new [1301]*1301trial alleging various trial errors. The defendants now appeal.

II. The First Amendment

The Supreme Court has recognized two limitations — one of content and one of context — on the right of public employees to express themselves free from the threat of retaliation by their employers. “When employee expression cannot be fairly considered as relating to any matter of political, social, or other concern to the community, government officials should enjoy wide latitude in managing their offices, without intrusive oversight by the judiciary in the name of the First Amendment.” Connick v. Myers, 461 U.S. 138, 146, 103 S.Ct. 1684, 1690, 75 L.Ed.2d 708 (1983). And, public employers may lawfully regulate employees’ expression, even on matters of public concern, if “the interests of the State, as an employer, in promoting the efficiency of the public services it performs through its employees” outweigh the “interests of the [speaker], as a citizen, in commenting on matters of public concern.”

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Bluebook (online)
892 F.2d 1298, 1990 WL 840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/biggs-v-village-of-dupo-ca7-1990.