Charles W. Stall, Jr. v. John E. Bourne, Jr., and Ross F. Walker

774 F.2d 657, 1985 U.S. App. LEXIS 24273
CourtCourt of Appeals for the Fourth Circuit
DecidedOctober 11, 1985
Docket84-1394
StatusPublished
Cited by9 cases

This text of 774 F.2d 657 (Charles W. Stall, Jr. v. John E. Bourne, Jr., and Ross F. Walker) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Charles W. Stall, Jr. v. John E. Bourne, Jr., and Ross F. Walker, 774 F.2d 657, 1985 U.S. App. LEXIS 24273 (4th Cir. 1985).

Opinions

PER CURIAM.

Appellant, Charles W. Stall, seeks to reverse an order of the district court granting defendants summary judgment on grounds of issue preclusion. Stall’s complaint in district court alleged that he had been discharged from employment due to his exercise of First Amendment rights. The district court concluded that Stall could not prevail on his constitutional claim because Stall had initiated a prior unemployment benefits action which was entitled to preclusive effect. That action had resulted in a determination that Stall’s discharge was for work-related misconduct, though not misconduct of sufficient severity to deprive Stall of unemployment benefits. The district court precluded Stall from relitigat-ing the reason for his discharge, and ruled that defendants were entitled to summary judgment on Stall’s constitutional claim.

We affirm the order of summary judgment because the district court properly determined the issue preclusive effect of Stall’s unemployment benefits action. Since our review of the district court’s order requires an understanding of the proceedings in Stall’s unemployment benefits action, we set out the history of that action in some detail.

Stall’s unemployment benefits action and his constitutional claim stemmed from his discharge from employment with the city of North Charleston, South Carolina. The Buildings and Grounds department of the City of North Charleston had employed Stall for some time. The employer asserted that sometime before March 1, 1982, Stall had indicated an intention to resign on or about March 1, 1982. The employer, acting on that information, asked Stall to state the date of his resignation, seeking such information for the department’s planning purposes. Stall’s memorandum response was that, because certain educational courses he sought were not then available, and for financial reasons, he was not then asking for a “leave of absence”. (Joint Appendix (App.) p. 84). The employer advised Stall by memorandum that the Stall response was “not satisfactory”. (App. p. 85). Several weeks later, Stall’s supervisor reviewed in a memorandum to Stall the employer’s contention; he concluded, “It is impossible to maintain a functional organization with a state of uncer-tainty____ I will not allow you to give and rescind notice of resignation. Therefore, I am advising you that your last day of employment with the City of North Charleston will be March 1, 1982.” (App. p. 86). Stall denied that he had ever stated an intention to resign.

During the period leading up to March 1, 1982, and apparently thereafter, Stall had been a member of the North Charleston School Board. In what appears to have been a spirited manner, an election contest for Chairman had developed on the School Board. Stall asserted that the Mayor of North Charleston had talked with him in early January, 1982, in the Mayor’s office and at lunch in an effort, among other things, to persuade Stall to vote for the [659]*659Mayor’s candidate for Chairman, one Altman. When Stall demurred, the Mayor made reference to his belief that Stall’s employment and School Board performance could reflect adversely on North Charleston. Stall asserted a feeling of intimidation, and a fear for his job, flowing from the Mayor’s comments and Stall’s reluctance to follow the Mayor’s wishes as to Mr. Altman.

Thus was the stage set for the various proceedings which followed. At about the time of the filing of his constitutional claim in district court, Stall also initiated an unemployment benefits action with the South Carolina Employment Security Commission [the Commission]. In the informal claim filed by Stall with the Commission, his claims for relief were twofold in nature; he asserted that he was discharged without any proper cause, and he further asserted that “I feel I was terminated for political reasons”. (App. p. 21). This material was contained in a “fact-finding report” of February 28, 1982, filed with the Commission. (App. p. 20, 21). In the complaint filed almost at the same time in the United States District Court for the State of South Carolina, Charleston Division, the claim for relief is predicated entirely on an assertion that Stall’s termination was in violation of Amendments One and Fourteen of the Constitution of the United States. In both proceedings, then, Stall advanced his constitutional claims; in the unemployment benefits proceeding he joined with that constitutional claim a denial of the employer’s stated reasons for his discharge.

Nonetheless, the central issue in the proceedings before the district court and before the Commission was, and had to be, the same: what was the reason for Stall’s discharge? If the reason for discharge was, for example, for a sufficiently severe failure to perform the duties of the employment, then obviously Stall could not prevail in either forum. On the other hand, if the Commission should have found that the discharge was not based on, for example, improper performance of duty, or other similar grounds, then Stall could prevail before that Commission, either because the asserted grounds for discharge were legally insufficient, or because his First Amendment rights had been violated by the discharge, or for both reasons. For emphasis, the issue before both the Commission and the District Court is restated: what was the reason for Stall’s discharge? Certain it is, however, that from the second paper shown (UCB Form 102) in the Joint Appendix Stall raised the issue of his First Amendment rights in the Commission proceedings in his statement there that “I feel I was terminated for political reasons”. (App. p. 21).

While the record does not reveal the nature or extent of the first level of proceedings on the unemployment benefits claim, before a “Claims Adjudicator”, that official filed a “Determination by Claims Adjudicator on Claim for Benefits” (App. p. 22), where she states her decision. The Claims Adjudicator determined that Stall had not been discharged, but in fact had voluntarily left his job with the city. It is clear from the report of the Claims Adjudicator that she did consider in her ruling on the claim for benefits of March 18, 1982, the arguments advanced by Stall concerning his First Amendment rights. The Claims Adjudicator writes, “He states he felt he was terminated for political reasons. After careful consideration ...”, the Adjudicator found that Stall had voluntarily quit his employment. (App. p. 22). Only by ignoring such language as that quoted can we conclude that the Claims Adjudicator did not consider the First Amendment rights advanced by Stall. Because of her conclusion as to voluntarily quitting, the Claims Adjudicator in the initial determination decided that Stall was not eligible for unemployment benefits.

Stall appealed the Adjudicator’s initial decision, which led to a full evidentiary hearing before the Commission’s Appeals Referee1. Both Stall and the employer [660]*660were represented by counsel in the hearing before the Commission’s Appeals Referee. Each presented extensive evidence concerning the reasons for Stall’s discharge. That evidence appears to have included a copy of Stall’s district court complaint,2 and substantial testimony by Stall to the effect that his discharge had resulted from his refusal to support the city mayor’s candidate for the North Charleston School Board position. Even a cursory reading of the transcript of the hearing before the Appeals Referee shows clearly that Stall chose to attack his discharge on two bases.

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Bluebook (online)
774 F.2d 657, 1985 U.S. App. LEXIS 24273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-w-stall-jr-v-john-e-bourne-jr-and-ross-f-walker-ca4-1985.