Boyce v. Andrew

510 F.3d 1333, 26 I.E.R. Cas. (BNA) 1808, 2007 U.S. App. LEXIS 29517, 2007 WL 4458309
CourtCourt of Appeals for the Eleventh Circuit
DecidedDecember 21, 2007
Docket06-11967
StatusPublished
Cited by88 cases

This text of 510 F.3d 1333 (Boyce v. Andrew) 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
Boyce v. Andrew, 510 F.3d 1333, 26 I.E.R. Cas. (BNA) 1808, 2007 U.S. App. LEXIS 29517, 2007 WL 4458309 (11th Cir. 2007).

Opinions

PER CURIAM:

This interlocutory appeal from the denial of qualified immunity to supervisors in a county Department of Family and Children Services (“DFCS”) requires us to determine if internal complaints about caseloads are constitutionally protected public speech that shield employees from termination or transfer. The district judge determined that case managers who complained regarding their caseloads had raised a public concern encompassed by the First Amendment. We reverse and remand.

I. BACKGROUND

DeKalb County DFCS (“DeKalb DFCS”), a component of the Georgia Department of Human Resources (“DHR”) Division of Family and Children Services, is responsible for investigating and supervising cases involving child welfare and abuse in DeKalb County. Plaintiffs-appel-lees, Clarinda Boyce and Katina Robinson, were Social Services Case Managers, or case workers, in the Child Protective Services (“CPS”) Investigations Unit of De-Kalb DFCS. Boyce was employed from December 2002 until April 9, 2004, when she was terminated for performance deficiencies. Robinson, hired in May 2003, remains employed at DeKalb DFCS, but she was transferred on March 1, 2005, from the CPS Investigations Unit to the Telephone Intake Unit because of her deficient performance.

Defendants-appellants were in management or supervisory positions at DeKalb DFCS during the relevant time. Defendant-appellant Gwendolyn Andrew, formerly a case manager, was promoted to Social Services Supervisor for CPS investigations on December 1, 2003. She supervised Boyce for approximately four months and Robinson for approximately fifteen months. Andrew assigned cases as well as monitored and supervised investigations for CPS. Defendant-appellant Katherine Herren, an employee of DHR, was assigned to DeKalb DFCS as Acting Social Services Director. She was responsible for administering the child welfare programs, identifying problems, and making needed changes. Defendant-appellant Glenda McMillan was employed at DeKalb DFCS as the Social Services Administrator, but she has not been employed by DeKalb DFCS since June 30, 2004. Walker Solomon, II, was the Director of De-Kalb DFCS.

CPS is the unit of DFCS that is responsible for making the initial contact and investigation of allegations of child abuse or neglect. Case managers are required to respond to such allegations within twen[1337]*1337ty-four hours or five days, depending on the nature of the allegation. Thereafter, the CPS investigations case manager assesses the environment and submits the case for closure within thirty days. In addition to the initial contact with the family and child, the investigation includes necessary contacts and submission of required forms. A case is considered closed or terminated when all necessary contacts have been completed and all required forms submitted. If contact was required to be maintained or DFCS needed to monitor the situation, the case would be referred to the Ongoing Services Unit of CPS, a different unit of DFCS. During 2003 and 2004, supervisors expected case managers to close at least four cases a week.

For the period 2002-2004, DFCS experienced difficulties in maintaining caseloads of all of its case managers because of extremely high caseloads and turnover in employees.1 To address the high caseloads, DeKalb DFCS case managers used several methods. Case managers were allowed to “come off rotation,” which meant that the case manager was skipped for a new assignment in the rotation wheel so that the case manager would have additional time to close his or her existing caseload before the assignment of new cases. Additionally, case managers were given overtime compensation to complete work outside normal working hours; temporary employees were hired and assigned to assist case managers; various dictation systems were employed to assist in finalizing reports; and employees were assigned to the DeKalb office from the state DFCS office to monitor caseloads.

Boyce and Robinson complained to their supervisors about the size of their caseloads. Primarily, these complaints were electronic mails sent to their supervisors. Boyce and Robinson also used an “Assignment Despite Objection” or “ADO” form provided by their union to advise an employer without being insubordinate of the amount of work that had been assigned and to notify the employer that it was too much to handle.

During 2003 and 2004, Boyce complained to her supervisors, management, and her union that her caseload of more than fifty cases was too high. She gave three ADO forms to Herren and McMillan. From September 2003 until January 2004, Boyce was asked to come off rotation so that she could devote more time to investigating and closing cases. Management also reassigned some of her cases. During this time, however, Boyce closed no cases, which she represents was because she had to spend more time in court on other assignments.

From the outset of her four months of supervision, Andrew had difficulty with Boyce’s not being able to close cases. On March 4, 2004, Andrew had assigned her four new cases. Boyce returned the case files to Andrew and told her that she [1338]*1338would not take any new cases. Andrew complained to DeKalb DFCS management, and Boyce had received a reprimand letter from Solomon, to which she had responded by a letter characterizing her exchange with Andrew as a “frustrated outburst.” Boyce Dep. at 109. In describing her stress and frustration with her high caseload, Boyce said: “Just really overwhelming feeling that you’re going to wake up and a child’s going to be injured or dead as a result of you not being able to help that family, help that child.”2 Id. at 84.

McMillan placed Boyce on a work performance plan with deadlines for closing fifty-one cases that were at least ninety days overdue.3 Because Boyce failed to meet the deadlines of her performance plan, Andrew and McMillan recommended to Solomon that she be terminated.4 They were advised that her termination had been approved by the state office on April 7, 2004.

That same day, Dr. Janet Olivia, the state Director of DFCS, visited DeKalb DFCS.5 During the meeting with Dr. Olivia and the entire staff, Boyce asked whether the state had developed a system to alert DHR when a case manager had been assigned too many cases; whether the Governor’s office had instituted certification requirements for case managers; and whether there were any checks and balances in place as to the assignment of cases before a crisis occurred, such as the death of a child. She also stated that lack of communication and low morale contributed to the deaths of children in DFCS care, that generally case managers were not getting help, and that DeKalb DFCS appeared to be ineffective.

After the meeting, Boyce was notified of her dismissal. Defendants-appellants maintain that her termination had nothing to do with her outspokenness at the meeting, because Andrew and McMillan had presented Boyce’s lack of productivity to personnel before Dr. Olivia’s meeting with the DeKalb DFCS staff, and her termination had been approved prior to the [1339]*1339meeting. The undisputed evidence shows that Herren was not involved in the decision to terminate Boyce.

Robinson complained to her supervisors verbally and by electronic mail concerning her burdensome caseload, mismanagement, and child safety.

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Bluebook (online)
510 F.3d 1333, 26 I.E.R. Cas. (BNA) 1808, 2007 U.S. App. LEXIS 29517, 2007 WL 4458309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyce-v-andrew-ca11-2007.