Campbell v. Hamilton County, Ohio

23 F. App'x 318
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 17, 2001
DocketNo. 00-3116
StatusPublished
Cited by32 cases

This text of 23 F. App'x 318 (Campbell v. Hamilton County, Ohio) 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
Campbell v. Hamilton County, Ohio, 23 F. App'x 318 (6th Cir. 2001).

Opinion

PER CURIAM.

Plaintiff-Appellant Thomas Campbell (“Campbell”), a former probation enforcement officer for the Hamilton County Municipal Court, appeals the decision of the district court granting summary judgment to Defendants-Appellees Andrew H. Hitz (“Hitz”); Timothy A. Shannon (“Shannon”); Hamilton County, Ohio; and the State of Ohio, on his claims that the Appellees violated his First Amendment rights and unlawfully discriminated against him in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. For the following reasons, we AFFIRM.

I. BACKGROUND

Campbell, who is Caucasian, was employed by the Hamilton County, Ohio, Municipal Court, as a probation enforcement officer from 1995 to 1997. During Campbell’s tenure as a probation officer, Hitz was the Chief of the Hamilton County Probation Department and Shannon was an Assistant Chief.

In the spring of 1997, Campbell was asked to resign as a result of two incidents of misconduct. The first occurred in mid-March of 1997, and involved another probation officer, Wiley Ross (“Ross”). At this time, Campbell allegedly painted the projectile portion of a .38 caliber bullet black and placed it on Ross’s desk. Perceiving this to be racially hostile conduct, Ross filed a formal complaint against Campbell. In his complaint, Ross also accused Campbell of calling him “Buckwheat” and “Skillet.” As a result of Ross’s complaint, Campbell was given a two-day suspension, a warning about the Municipal Court’s zero tolerance for violation of public or employee rights, and notice that a second violation within a year could result in suspension or termination of employment.

The second incident occurred a couple of weeks later and involved a conversation between Campbell and a female probationer, Michelle Back (“Back”). Campbell was not Back’s probation officer but knew her because she worked in a restaurant across the street from the Probation Department. On March 28, 1997, Campbell and Back were discussing Back’s upcoming court appearance before Hamilton County Municipal Court Judge William J. Mallory, Jr. (“Judge Mallory”). In the course of the conversation, Campbell allegedly told her, ‘Whatever you do, don’t dress up in court, Mallory strokes1 pretty, white women.” Joint Appendix (“J.A.”) at 108-09.

After Back filed a written complaint against Campbell, an investigation ensued. The investigation produced conflicting accounts of the incident. Campbell denies that he made the alleged statement. When interviewed, Campbell stated that he told Back, in the presence of several other officers, ‘Well, don't take Mallory lightly ... Mallory will stroke you ... Mallory — he is one of the hardest judges that we have on our program.” J.A. at 93. According to Campbell, the other probation enforcement officers present — Ross, Sheriffs Deputy Richard Moorman (“Moorman”), and Probation Officer Jeffrey Seaman (“Seaman”) — were the ones commenting about how Ms. Back should physically appear in court before Judge Mallory.

Moorman’s version of the incident corroborated Campbell's. He testified that [322]*322Officer Ross told Back, “[Y]ou know, Mallory is going to stroke you. Don’t wear anything too nice.... ” J.A. at 129. When interviewed, Ross’s account matched Back’s, at least to the extent that it was Campbell who made the statement about Judge Mallory. Although he could not remember the exact wording, he agreed that Campbell had made a statement similar to the one Back attributed to him. In contrast to Back, who testified that only she and Campbell were present when the statement was made, Ross testified that he and Moorman were also present when Campbell gave his advice about Judge Mallory to Back. Finally, Seaman would not confirm or deny any portion of the conversation, claiming that he was not present for it.

In hopes of resolving the factual inconsistencies between the accounts of the incident, Shannon requested that the two principally involved in the investigation, Back and Campbell, submit to polygraph examinations. On April 18, 1997, both Campbell and Back voluntarily underwent polygraph examinations administered by Police Specialist Royce Winters (“Winters”) of the Cincinnati Police Department Polygraph Unit.

According to Winters, “[t]here were significant physiological disturbances indicative of deception in Thomas Campbell’s polygraph records.” J.A. at 410. He concluded that Campbell was deceptive in his answers on the exam. In addition, in the post-examination interview, Campbell attributed the offending statement to Seaman but then later said that he was not sure who had made it. He thereafter admitted that he was withholding information and requested to speak with his attorney.

Winters found that “[tjhere were no significant physiological disturbances indicative of deception in Michelle Back’s polygraph records” and stated that in his opinion, she was truthful in her answers. J.A. at 410. In spite of his conclusions, the polygraph exam showed that Back was overwhelmingly deceptive when she answered “no” to the question, “Did you lie about Thomas Campbell telling you Mallory strokes pretty white women?” J.A. at 636-37. During the pretest interview process for the polygraph exam, Back revealed that she had had a sexual relationship with Ross for two months at the time of the exam.

After learning of a possible inappropriate sexual relationship between Back and Ross, Shannon conducted an internal investigation into the matter. Based on the results of the investigation, which yielded evidence substantiating Back’s claim of a relationship with Ross, Ross was discharged. Ross was never asked to undergo a polygraph exam regarding the Judge Mallory comment. Appellees assert that this was because they had sufficient evidence to terminate him due to his relationship with Back regardless of what insight a polygraph exam might have had into Ross’s involvement in the Judge Mallory incident. In his deposition, Shannon gave the following explanation as to why he did not require Officer Ross to undergo the exam:

Quite frankly, my reticence with Mr. Ross struck to the fact that there was some fairly significant tension between the department and Mr. Ross at that point in time, arising from a previous disciplinary action involving Mr. Campbell. And Mr. Ross had made it relatively clear in questions — or not questions, but statements off the taped record, before and after the tape began running, that if this situation began to even look like retaliation by the department against him as a result of his complaints against Campbell, that we would be up to our eyeballs in litigation. So, it did not seem wise at [323]*323that point to point a finger of suspicion at Mr. Ross unless and until I had a very pointed finger to use.

J.A. at 599-601.

Meanwhile, following the investigation of Ross, Shannon recommended that Campbell be discharged due to the inappropriate nature of the statement he allegedly made about Judge Mallory to Back. Shannon concluded that there was reasonable cause to believe Back and her version of the incident despite the results of her exam on the question as to whether she lied about who made the Judge Mallory statement. Together with the earlier complaint filed by Ross against Campbell, Campbell’s statement about Judge Mallory constituted his second act of racial and/or gender discrimination within one year, in violation of departmental policy.

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23 F. App'x 318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-hamilton-county-ohio-ca6-2001.