Bridges v. Senger

730 F. Supp. 1401, 5 I.E.R. Cas. (BNA) 1530, 1990 U.S. Dist. LEXIS 1595, 52 Fair Empl. Prac. Cas. (BNA) 316, 1990 WL 12323
CourtDistrict Court, W.D. Michigan
DecidedJanuary 29, 1990
DocketNo. G88-864 CA7
StatusPublished
Cited by1 cases

This text of 730 F. Supp. 1401 (Bridges v. Senger) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bridges v. Senger, 730 F. Supp. 1401, 5 I.E.R. Cas. (BNA) 1530, 1990 U.S. Dist. LEXIS 1595, 52 Fair Empl. Prac. Cas. (BNA) 316, 1990 WL 12323 (W.D. Mich. 1990).

Opinion

OPINION

ENSLEN, District Judge.

This case is before the Court on two motions. First, defendants John Senger and the Leelanau Probate Court filed a motion to dismiss on February 15, 1989. The Honorable John Senger is the Chief Judge of the Probate Court of Leelanau County. Second, the remaining defendants — Leelanau County, the Leelanau County Board of Commissioners, and the individual commissioners — filed a March 27, 1989 motion to dismiss or for summary judgment. Plaintiff, a former juvenile register/volunteer coordinator with the Leela-nau Probate Court, sets forth her claims in a nine count complaint filed December 5, 1988. She alleges the following:

Count I § 1983 violation (Deprivation of Property Right)
Count II § 1983 violation (Deprivation of Liberty Right Stigmatizing Charges)
Count III § 1983 violation (Deprivation of Liberty Right/First Amendment)
Count IV Age Discrimination Claim (29 U.S.C. § 621 and Mich.Comp.Laws § 37.2102)
Count V Promissory Estoppel/Detri-mental Reliance
Count VI Breach of Oral Contract
Count VII Intentional Interference with Contract
Count VIII Defamation
[1403]*1403Count IX § 1983 violation (Due Process Deprivation)

Discussion

Facts

In April 1976, plaintiff Dorothy Bridges was appointed by Probate Court Judge Elizabeth Weaver as Probate Court Volunteer Coordinator, a newly-created position. Judge Weaver requested approval from the Leelanau County Board of Commissioners to create this position. The position was originally funded by State of Michigan basic grant monies.

In November 1986, then Probate Judge Weaver was successful in her bid for the Michigan Court of Appeals where she currently sits. The Honorable John Michael Senger took the office of Probate Court Judge on January 1, 1987. On February 26, 1987, plaintiff was appointed juvenile register and volunteer coordinator by Judge Senger. On June 24, 1987, Judge Senger discharged plaintiff from her position with the Probate Court. Plaintiff claims she was terminated unlawfully without notice or opportunity to be heard. Judge Senger says that plaintiff lacked a number of skills necessary for that position.

Motion to Dismiss Standard

A motion to dismiss under Rule 12(b)(6) tests the sufficiency of the pleading. Elliot Co., Inc. v. Caribbean Util. Co., 513 F.2d 1176 (6th Cir.1975). Technically, of course, the 12(b)(6) motion does not attack the merits of the case — it merely challenges the pleader’s failure to state a claim properly. 5 C. Wright, A. Miller & M. Kane, Federal Practice and Procedure § 1364, at 340 (Supp.1987). In deciding a 12(b)(6) motion, the court must determine whether plaintiff's complaint sets forth sufficient allegations to establish a claim for relief. The court must accept all allegations in the complaint at “face value” and construe them in the light most favorable to the plaintiff. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 1686, 40 L.Ed.2d 90 (1974); Windsor v. The Tennessean, 719 F.2d 155, 158 (6th Cir.1983); Amersbach v. City of Cleveland, 598 F.2d 1033, 1034-35 (6th Cir.1979); Davis H. Elliot Co. v. Caribbean Utilities Co., 513 F.2d 1176 (6th Cir.1975).

The complaint must in essence set forth enough information to outline the elements of a claim or to permit inferences to be drawn that these elements exist. Jenkins v. McKeithan, 395 U.S. 411, 89 S.Ct. 1843, 23 L.Ed.2d 404 (1969); German v. Killeen, 495 F.Supp. 822, 827 (E.D.Mich.1980). Conclusory allegations are not acceptable, however, where no facts are alleged to support the conclusion or where the allegations are contradicted by the facts themselves. Vermilion Foam Products Co. v. General Electric Co., 386 F.Supp. 255 (E.D.Mich.1974). The court cannot dismiss plaintiffs complaint unless “it appears beyond doubt that the plaintiff can prove no set of facts in support of its claim which would entitle it to relief.” Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02, 2 L.Ed.2d 80 (1957).

Plaintiffs Claims

There are a number of possible deficiencies with plaintiffs lawsuits against these defendants. Most notably, plaintiff has inadequately alleged the due process elements of her § 1983 claim in Counts I, II, III, and IX. To begin with, I believe that plaintiff correctly argues that she has a property right (Count I) in her continued employment. Bacon v. Patera, 772 F.2d 578 (6th Cir.1985). Property, for the purposes of the Fourteenth Amendment, is broader than technical property rules under traditional state law. This term includes entitlements, benefits or reasonable expectations created by state law. Board of Regents v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 2709, 33 L.Ed.2d 548 (1972). Informal oral promises by superiors or language in employee handbooks create a protected property right in public employment. McLaurin v. Fischer, 768 F.2d 98 (6th Cir.1985) (Director of Neurosurgery at state university had “property right” in position because of promise by university president and common law tradition in school granting him permanent status); Conley v. Board of Trustees of Grenada County [1404]*1404Hospital, 707 F.2d 175 (5th Cir.1983) (employees have property interests based on employee handbook); Vinyard v. King, 728 F.2d 428 (10th Cir.1984) (hospital handbook creates property right); Vail v. Board of Paris Union, 706 F.2d 1435 (7th Cir.1983) (promise by school board that coach would be rehired created property right).

Similarly, plaintiff has alleged deprivations of protected liberty interests in Counts II and III of her complaint. As to Count II, it is well recognized that a public employee has a right not to be fired with stigmatizing charges publicly disseminated about her without a chance to clear her name. Board of Regents v. Roth, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972).

Plaintiff has also alleged a deprivation of a liberty interest in her exercise of First Amendment rights (Count III). She claims that as a public employee, she has a right of action under § 1983 where she was fired for exercise of First Amendment rights, as she has been deprived of liberty without due process of law, under Pickering v. Board of Education, 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968); Stern v. Shouldice, 706 F.2d 742 (6th Cir.1983).

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730 F. Supp. 1401, 5 I.E.R. Cas. (BNA) 1530, 1990 U.S. Dist. LEXIS 1595, 52 Fair Empl. Prac. Cas. (BNA) 316, 1990 WL 12323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bridges-v-senger-miwd-1990.