Burkhart v. Randles

764 F.2d 1196, 119 L.R.R.M. (BNA) 3377
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 18, 1985
DocketNo. 84-5054
StatusPublished
Cited by45 cases

This text of 764 F.2d 1196 (Burkhart v. Randles) 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
Burkhart v. Randles, 764 F.2d 1196, 119 L.R.R.M. (BNA) 3377 (6th Cir. 1985).

Opinion

KEITH, Circuit Judge.

This is an appeal from a district court judgment entered against the plaintiffs after a jury adversely determined their civil rights suit filed pursuant to 42 U.S.C. Section 1983.1 The plaintiffs sought to challenge the constitutionality of their terminations from employment by the defendants, Helen Randles and Knox County, Tennessee. The plaintiffs alleged that the dismissals violated their rights to freedom of political expression and to due process of law under the first and fourteenth amendments.2 For the reasons set forth below, we reverse and remand this cause for a new trial.

I.

FACTS

The controversy giving rise to this appeal originated in the parties’ place of employment, the Office of the Clerk for the Fourth Circuit and Criminal Courts of Knox County, Tennessee. At the time the plaintiffs filed this action in 1983, Helen Randles had held the elected position of Clerk in that office since 1974. As the ranking official in the office, Randles promulgated all county policy and exercised exclusive authority over office affairs. Prior to their dismissals by Randles in 1982, the plaintiffs, Ruth Burkhart and Reba Burnette, had worked in the office as bookkeeper for twelve years and deputy clerk for five years, respectively. Both of the plaintiffs’ jobs were deputy positions terminable at will by the defendant Ran-dles.3 Pursuant to this prerogative, Ran-dles dismissed the plaintiffs from their jobs on August 6, 1982.

The events leading to the dismissals, as viewed by both parties, unfolded as follows: In preparation for the 1982 reelection campaign, Randles met with Martha Phillips, an employee, to set guidelines for employee contributions to Randles’ campaign fund. Randles and Phillips agreed that, as in the past, half a month’s salary minus deductions would constitute a fair contribution from each employee. Phillips and another employee calculated this amount for each employee and distributed the figures accordingly. At trial, the plaintiffs testified that they contributed their assigned amounts to satisfy what they understood was a condition for retaining their jobs. Randles, however, maintained that although it was customary for most of her employees to voluntarily contribute the suggested amount out of loyalty and a sense of office comaraderie, no employee was required to contribute to her fund. Randles also acknowledged that, at her behest, her employees performed clerical work for the Republican Executive Committee and attended political meetings. At trial, Randles insisted these activities were voluntary and not conducted on county time.

[1198]*1198Later during the campaign, between March and June of 1982, Randles learned that Reba Burnette and the family of Ruth Burkhart would not support Randles’ bid for reelection. In March 1982, a third party informed Randles about the Burkharts’ efforts on behalf of her opposition. And in a meeting with Randles on June 7, two months before the general election, Bur-nette explained that due to what Burnette perceived as unfair treatment, she would withdraw her support from Randles’ campaign. Burnette then confronted Randles with derogatory statements Randles had allegedly made about the plaintiffs to other employees in the Criminal Court Clerk’s Office. When Randles asked Burnette how she had obtained accounts of Randles’ conversations in the Criminal Court office, Burnette replied, from tapes. Burnette did not disclose any further information about the tapes at that or any other point in time, but explained at trial that she lied about hearing tapes to protect the real source of her information, an employee who heard Randles’ comments.

At trial, Randles testified that a few days before the confrontation with Bur-nette, she had received an anonymous telephone message that her office was electronically bugged. Randles prevailed upon the Federal Bureau of Investigation to determine whether her office was in fact electronically bugged. After the FBI failed to find listening devices, Randles hired her own investigators who allegedly found a bug in her desk on June 16, 1982.

In the last weeks of the campaign, shortly after the confrontation with Burnette and the bugging episode, Randles began closely observing the plaintiffs, allegedly for the purpose of investigating complaints Randles had previously received from other employees about the plaintiffs’ behavior in the office. Burnette testified that during these last weeks before the election she was demoted, removed from her office and followed by other employees. Also during this period, both of the plaintiffs became aware of Randles’ decision to fire them after the election. Burkhart testified that on August 6, 1982, the day following the election, Randles served her a separation notice and explaned that Burkhart’s family had “done too much against her” in the election for Randles to continue Burkhart’s employment. Both of the plaintiffs were terminated from their jobs that day.

Following the terminations, local newspapers printed a series of articles containing Randles’ views of the dismissals. In the articles, Randles explained that she had fired the plaintiffs because they had made harassing telephone calls and had said terrible things about her. Randles further stated that the plaintiffs had performed their work unsatisfactorily; had failed to get along with other employees, and had been insubordinate. Randles also intimated that the dismissals were in part due to the plaintiffs’ refusal to disclose further information about the bugging of her office. The plaintiffs maintained that Ran-dles’ charges were false, and eleven months later in July 1983,4 they requested a name clearing hearing in a letter sent to counsel for the defendants.

On August 4, 1983, the plaintiffs filed this Section 1983 suit against the defendants. Plaintiffs alleged in the complaint that: (1) the defendant Randles had dismissed them for allegedly supporting her opposition in the 1982 election for the Office of Clerk of Courts and had compelled them to contribute half a months’ salary to her campaign pursuant to county policy, in violation of the first and fourteenth amendments; and (2) that Randles had issued derogatory public statements about the plaintiffs in connection with their dismissals and had effectively denied a request by the plaintiffs for a name clearing hearing in violation of the fourteenth amendment right to due process. Joint Appendix 4-5.

[1199]*1199The plaintiffs requested compensatory damages, punitive damages and reinstatement to their positions with back pay and benefits. Joint Appendix 8-9. The plaintiffs also sought declaratory and injunctive relief to enjoin the defendants from requiring employees to support and make contributions toward specific political candidates as a condition to retaining employment with the Office of the Clerk for the Criminal and Fourth Circuit Courts. Id.

The defendants responded by claiming essentially that the plaintiffs were properly dismissed for incompetent performance and for refusing to disclose the source of information they had earlier intimated to Ran-dles came from an electronic bug in Ran-dles’ office. Joint Appendix 13-14.

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Bluebook (online)
764 F.2d 1196, 119 L.R.R.M. (BNA) 3377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burkhart-v-randles-ca6-1985.