Burrell v. Board of Trustees of Georgia Military College

696 F. Supp. 1522, 1988 U.S. Dist. LEXIS 10722, 49 Empl. Prac. Dec. (CCH) 38,734, 1988 WL 100389
CourtDistrict Court, M.D. Georgia
DecidedSeptember 28, 1988
DocketCiv. No. 88-169-1-MAC(DF)
StatusPublished

This text of 696 F. Supp. 1522 (Burrell v. Board of Trustees of Georgia Military College) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burrell v. Board of Trustees of Georgia Military College, 696 F. Supp. 1522, 1988 U.S. Dist. LEXIS 10722, 49 Empl. Prac. Dec. (CCH) 38,734, 1988 WL 100389 (M.D. Ga. 1988).

Opinion

FITZPATRICK, District Judge.

Plaintiff Burrell has filed this action under 42 U.S.C. §§ 1983 and 1985(3), alleging that Defendants were involved in a conspiracy that interfered with her first amendment right to freely express her views on matters of public concern. Defendants have filed motions to dismiss in which they raise several arguments to support their position that Plaintiff Burrell has not stated a valid cause of action under section 1983 or section 1985(3). In addition to Defendants’ motions to dismiss, Plaintiff has filed a motion to amend her Complaint in which she seeks to add First Federal Savings and Loan Association of Milledgeville as a party-defendant and a claim of sex discrimination under Title VII.

The court entertained oral argument on the motions to dismiss on September 21, 1988. After carefully considering the arguments of the parties, the pleadings in the record, and the relevant case law in this area, the court finds that Defendants’ motions to dismiss should be denied, and Plaintiff’s motion to amend should be granted. Although Defendants raise several arguments in their motions to dismiss, the court finds it necessary to discuss only one of these arguments in this Order, i.e., whether Defendants were acting under col- or of state law in connection with the alleged conspiracy to violate Plaintiff Bur-rell’s first amendment rights.1

I. BACKGROUND

Plaintiff Burrell, a white female, was hired by First Federal Savings and Loan Association of Milledgeville in 1972. She became an officer in 1977 and a member of the Board of Directors in 1986. On January 9, 1987, Burrell took over as the temporary CEO at First Federal. She served in that position until Defendant Baggarly was hired as the permanent CEO in July of 1987.

Defendants contend that after Baggarly took over as CEO, Burrell began to question his authority and cause significant disruption at First Federal. According to Defendants, Burrell’s behavior became such a problem that Baggarly was forced to bring the matter up before the Board of Directors. The Board held a hearing in an effort to resolve the differences between Burrell and Baggarly. After listening to both parties, the Board adopted a proposal giving their full support to Baggarly. At that point, Baggarly asked for Burrell’s resignation. She refused and Baggarly discharged her from her position as an officer at First Federal. Burrell continued in her position as a Board Member, although she later resigned that position accepting approximately $13,000.00 as compensation for her resignation.

Although Defendants contend that Bur-rell was terminated because of her insubordination, Burrell contends that she was terminated because she and her husband expressed their opposition to public funding of the Georgia Military College (GMC) Preparatory School, a School which they claim continues to operate as a racially segregated institution. Burrell alleges in her Complaint that the members of the GMC Board of Trustees conspired with the officers and Board Members of First Federal to bring about her termination. Burrell argues that this conspiracy, which involved both private parties and state actors, violated her right to freedom of expression.

II. DISCUSSION

A. Motions to Dismiss

A district court should not grant a Rule 12(b)(6) motion to dismiss “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim [1524]*1524which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957). For purposes of a motion to dismiss, the complaint must be construed in the light most favorable to the plaintiff, and the allegations in the complaint must be taken as true. Jenkins v. McKeithen, 395 U.S. 411, 421, 89 S.Ct. 1843, 1849, 23 L.Ed.2d 404 (1969).

Defendants argue that First Federal is a private party and was not acting under color of state law in connection with Bur-rell’s termination. Defendants further argue that under Georgia law they had the right to fire Burrell for any reason, even if that reason involved Burrell’s speaking out against public funding of the GMC Preparatory School. Defendants contend that their right to terminate Burrell was a private right that involved no state action.

Conversely, Burrell argues that she has stated a valid cause of action under section 1983 and section 1985(3) because First Federal was acting in concert with a state actor, i.e., the Board of Trustees of GMC. She contends that First Federal’s actions constituted state action since First Federal was involved in a conspiracy with a state actor.

The court will address first the argument that First Federal was acting only as a private party in the termination decision. In Adickes v. S.H. Kress and Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970), the Supreme Court held that a private party can be found liable under section 1983 if that party has conspired with a state official to violate the constitutional rights of another individual. The Court stated in pertinent part:

a private party involved in such a conspiracy, even though not an official of the State, can be liable under § 1983. ‘Private persons, jointly engaged with state officials in the prohibited action, are acting “under color” of law for purposes of the statute.’

Id. at 152, 90 S.Ct. 1605-06, quoting United States v. Price, 383 U.S. 787, 794, 86 S.Ct. 1152, 1157, 16 L.Ed.2d 267 (1966). In 1980 the Court reaffirmed the ruling it had set forth in Adickes. In Dennis v. Sparks, 449 U.S. 24, 101 S.Ct. 183, 66 L.Ed.2d 185 (1980), the Court stated:

to act ‘under color of’ state law for § 1983 purposes does not require that the defendant be an officer of the State. It is enough that he is a willful participant in joint action with the State or its agents.

Id. at 27, 101 S.Ct. at 186.

In her Complaint Burrell has alleged that the GMC Board of Trustees conspired with the officers and Board Members of First Federal to have her terminated because of her public opposition to funding of the GMC School. The court finds that the allegations in the Complaint are sufficient to withstand Defendants’ motions to dismiss. The court’s finding is in accord with a recent decision of the Eleventh Circuit which noted that “[i]f.. .there is an allegation of a conspiracy between a state officer and a private party, the jurisdictional state action requirement may be met.” Cobb v. Georgia Power Co., 757 F.2d 1248, 1251 (11th Cir.1985).

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696 F. Supp. 1522, 1988 U.S. Dist. LEXIS 10722, 49 Empl. Prac. Dec. (CCH) 38,734, 1988 WL 100389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burrell-v-board-of-trustees-of-georgia-military-college-gamd-1988.