Bower v. Village of Mount Sterling

44 F. App'x 670
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 26, 2002
DocketNo. 00-3418
StatusPublished
Cited by28 cases

This text of 44 F. App'x 670 (Bower v. Village of Mount Sterling) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bower v. Village of Mount Sterling, 44 F. App'x 670 (6th Cir. 2002).

Opinion

OPINION

HAYNES, Jr., District Judge.

Plaintiff-Appellant Charles Bower appeals the district court’s order of dismissal [672]*672of his federal constitutional claims under 42 U.S.C. § 1983 against the Defendants-Appellees Village of Mount Sterling (the “Village”), Mayor Glen Meade, and Jackie Dill, the Village’s police chief. Specifically, Plaintiff alleged that he was denied the opportunity to become a full-time police officer in the same manner as other Village officers, in violation of his Fourteenth Amendment rights to engage in his profession of choice and to equal protection under the law. Mayor Meade allegedly failed to follow state law and local custom for the Village’s selection of police officers and thwarted Plaintiffs attempt to be appointed as a full-time police officer in retaliation for his parents’ political opposition to Mayor Meade. The district court dismissed Bower’s complaint for failure to state a claim under Fed.R.Civ.P. 12(b)(6). For the reasons set forth below, we affirm the district court’s order of dismissal on the Plaintiffs due process claim, but reverse the dismissal of the Plaintiffs equal protection claim under the “class of one” theory as to Defendants-Appellees Mayor Meade and the Village. Finally, we do not reach the First Amendment issue here because Plaintiff did not assert this claim in his complaint.

I. BACKGROUND

Plaintiff originally filed a state court complaint seeking monetary damages and appointment as a full-time police officer for the Village of Mount Sterling, but voluntarily dismissed that action, and re-filed a § 1983 action in the district court. Plaintiffs § 1983 claims are for (1) deprivation of his liberty interest without due process in violation of the Fourteenth Amendment to the United States Constitution; and (2) denial of equal protection of the laws in violation of the Fourteenth Amendment. Plaintiff also asserted pendent state law claims.

Defendants moved to dismiss Plaintiffs federal claims because Plaintiff failed to allege an interest protected under the Due Process Clause and failed to allege sufficient facts to state an equal protection claim. Plaintiff opposed the motion, contending that his complaint sufficiently alleged that Defendants violated his liberty interests by interfering with his right to engage in his chosen profession. Further, the Plaintiff argued that Defendants violated his rights to equal protection by treating him differently than other similarly situated prospective officers who were offered full-time commissions on the Village police force, and that such “selective treatment” was motivated by Mayor Meade’s intent to injure and punish Plaintiff for exercising his constitutional rights.

In a written opinion, the district court granted Defendants’ motion and declined to exercise supplemental jurisdiction over the state claims. The district court reasoned, in sum, that Plaintiff had not stated a substantive due process claim because Plaintiff was permitted to seek employment as a police officer with another city and the Village had not stigmatized him so as to bar such employment. Further, as to Plaintiffs equal protection claim, the district court ruled that (1) there was no fundamental right to public employment; (2) Plaintiff was not a member of a suspect class; (3) Plaintiff failed to overcome the legal presumption that the Defendants acted properly; and (4) Plaintiff failed to allege a lack of a rational basis for the Defendants’ decision not to hire Plaintiff. The district court opined that a possible First Amendment claim was stated, but concluded that Plaintiff did not plead such a claim nor did he allege any personal injury for the exercise of his First Amendment rights. Without a viable federal claim, the district court declined to exercise supplemental jurisdiction over Plain[673]*673tiffs state law claims. Plaintiff filed a timely notice of appeal that is limited to his federal law claims.

According to his complaint, Plaintiff alleged that he was initially hired on October 12, 1995 as a non-paid police auxiliary for the Mount Sterling police department, and was later hired as a part-time police dispatcher. On June 6, 1996, Plaintiff was terminated from his police auxiliary position because a female employee claimed that she felt sexually harassed by the sexual nature of a narrative that Plaintiff left on his office desk. Plaintiff, however, was not discharged from his part-time police dispatcher position. On October 23, 1996, the Village enacted an ordinance creating a police reserve. In December 1996, Plaintiff was appointed to the Village police reserve. Later, two full-time police officer positions opened, but Defendants did not hire Plaintiff for either of those positions.

Ohio Rev.Code Ann. § 737.16 (Anderson 2000) delineates the manner in which Village police officers are selected. The may- or appoints officers, subject to the approval of the Village “Council.” In the Village, however, the standard procedure for appointing new officers differs in that the police chief recommends suitable candidates and the mayor “will approve” them. This “practice” is apparently unwritten, but is understood as the local custom.

On or about January 1998, Police Chief Jack Dill orally told Plaintiff that he would be promoted to a full-time police officer. Prior to that time, Plaintiff was unaware of any other person whom Dill had recommended and who was subsequently denied a police officer position. On January 26, 1998, Dill sought Plaintiffs appointment before the Village council, but Mayor Meade declared that this appointment “was not a Council function.” Subsequently, two other police officers were hired on a full-time basis in the very manner in which Meade claimed “was not a Council function.”

Plaintiff alleges that he did not receive the appointment from Mayor Meade in retaliation for his parents’ political associations. First, Plaintiff contends that he did not receive the appointment because his mother, Diane Bower, a Council member, voiced opposition to Mayor Meade’s appointment as Village Administrator. Second, Plaintiff alleges that his father, Ed Bower, had been a vocal opponent of May- or Meade for several years and that it is common knowledge that Meade does not like Plaintiffs father.1 Plaintiff alleges that by not appointing him to a full-time police officer position, Mayor Meade was retaliating against Plaintiff in violation of his constitutional rights. More specifically, Plaintiff claims that Defendants were “motivated [in their decision] by an intention to punish or inhibit Plaintiff from being able to exercise his constitutional rights” and “by a malicious and bad faith intent to injure Plaintiff.”

II. ANALYSIS

This Court reviews de novo a district court’s dismissal of a complaint under Rule 12(b)(6). Merriweather v. City of Memphis, 107 F.3d 396, 398 (6th Cir.1997). On such a motion, the Court accepts as true well-pled facts alleged in the complaint, and will dismiss the complaint only if it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim [674]*674that would entitle him to relief. Bibbo v. Dean Witter Reynolds, Inc.,

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Bluebook (online)
44 F. App'x 670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bower-v-village-of-mount-sterling-ca6-2002.