David C. Singleton v. Don Cecil

176 F.3d 419
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 27, 1999
Docket97-1726
StatusPublished
Cited by2 cases

This text of 176 F.3d 419 (David C. Singleton v. Don Cecil) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
David C. Singleton v. Don Cecil, 176 F.3d 419 (8th Cir. 1999).

Opinions

MAGILL, Circuit Judge.

Following the analysis of our sister circuits and Supreme Court precedent, we affirm the district court’s1 holding that, in Missouri, an at-will employment state, a discharged municipal at-will employee does not have a section 1983 substantive due process occupational liberty interest under the Fourteenth Amendment.

I.

A. Facts

David Singleton worked for the City of Advance, Missouri as a police officer from 1990 until his termination in 1994. The City of Advance did not have a written employment agreement with Officer Singleton. Officer Singleton’s employment was terminable at will, either by the mayor with approval of a simple majority of the city council, or by a two-thirds vote of the city council. See Mo.Ann.Stat. § 79.240 (1998); State ex rel. Lupo v. City of Wentzville, 886 S.W.2d 727, 730-31 (Mo.Ct.App.1994). Neither state nor local law limited the reasons for which Officer Singleton could be discharged nor afforded him the right to a hearing in connection with his discharge. At the time of Officer [421]*421Singleton’s discharge, defendant Don Cecil was Advance’s police chief, and defendants Harley Moyer, Ivan Parker, Kevin Tidwell, and Della Price were members of Advance’s city council. William Bradshaw, the mayor of Advance, was not a named defendant.

During the period of his employment, Officer Singleton became concerned that Chief Cecil had abused an incentive program designed to facilitate government purchases by purchasing a car for his own benefit and use under the program.2 Despite his belief that Chief Cecil had engaged in illegal activity, Officer Singleton never notified any law enforcement officials, the mayor, or the city council of his concern. On the morning of March 8, 1994, Officer Singleton’s wife, Joann, called their daughter, Sabrina, on a cordless telephone. During the conversation, they began discussing Chief Cecil, and Joann said she wanted to “set up” Chief Cecil by hiring someone to bribe him. Unbeknownst to Joann and Sabrina, this statement was recorded by David George, a local private investigator who happened to be scanning radio frequencies at the time.3 Later that day, George contacted Chief Cecil and Mayor Bradshaw and played the recorded conversation for them. George also gave Chief Cecil a copy of the recording. Chief Cecil then visited the members of the city council and played the recording for them individually. Each council member recognized Joann’s and Sabrina’s voices on the recording and, at a special meeting on March 11, 1994, they unanimously voted to terminate Officer Singleton’s employment. They did not include a reason for discharging Officer Singleton in his termination letter. Nor did they publicly divulge any reason for the discharge.

Officer Singleton then initiated this suit under 42 U.S.C. § 1983 against Chief Cecil, the four council members, and the City of Advance. He alleged that his termination by the defendants violated his rights of free speech, due process, intimate association, and privacy. His free speech allegation rested on the premise that he was discharged in an effort to keep him silent concerning Chief Cecil’s car purchase. In response, the council members divulged that they based the termination decision solely on Joann’s plot to bribe Chief Cecil. The district court granted summary judgment in favor of the defendants on all of Officer Singleton’s claims. Particularly, the district court concluded that Officer Singleton could not prevail on his free speech claim because he could not demonstrate any causal connection between Chief Cecil’s car purchase and his termination. See Singleton v. Cecil, 955 F.Supp. 1164, 1166-67 (E.D.Mo.1997). The district court also found that Officer Singleton could not prevail on any procedural due process claims because, as an at-will employee, he had no liberty or property interest in his job. See id. at 1167. Finally, the district court held that Officer Singleton’s claims that he was deprived of his rights of intimate association and marital privacy failed because “the defendants had a legitimate, good faith belief that plaintiff, with his family, was engaging in improper conduct by conspiring to bribe the Chief of Police.” Id.

B. Missouri Atr-Will Employment Law

Because the “Due Process Clause does not purport to supplant traditional tort law,” Collins v. City of Harker Heights, 503 U.S. 115, 128, 112 S.Ct. 1061, 117 L.Ed.2d 261 (1992) (quotations omitted), and because property interests pro[422]*422tected by the Due Process Clause are not created by the Constitution, but rather by independent sources such as state law, municipal ordinance, or contract, see Bishop v. Wood, 426 U.S. 341, 344 & n. 7, 96 S.Ct. 2074, 48 L.Ed.2d 684 (1976); Board of Regents of State Colleges v. Roth, 408 U.S. 564, 577-78, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972); Movers Warehouse, Inc. v. City of Little Canada, 71 F.3d 716, 718 & n. 3 (8th Cir.1995), we briefly set forth the pertinent Missouri law on at-will employment. In this case, neither state law, municipal law, a collective bargaining agreement, or an employment contract afforded Officer Singleton any property interest in his job. In contrast, as an at-will employee in Missouri, he could be discharged “for cause or without cause.” Lake v. Tuell, 687 S.W.2d 191, 193 (Mo.1985). Indeed, he could even be discharged “for no reason or for an arbitrary or irrational reason.” Shawcross v. Pyro Prods., Inc., 916 S.W.2d 342, 343 (Mo.Ct.App.1995) (quotations omitted).

Notwithstanding the broad grant to employers of the power to fire at-will employees for any or no reason, Missouri law affords a discharged at-will employee such as Officer Singleton the ability to seek judicial redress. Such an employee may assert a cause of action for tortious interference with employment against third-parties, i.e., non-employers such as George, for inducing the discharge. See Stanfield v. National Elec. Contractors Ass’n, Inc., 588 S.W.2d 199, 202 (Mo.Ct.App.1979); see also Haddle v. Garrison, — U.S. -, -, 119 S.Ct. 489, 492, 142 L.Ed.2d 502 (1998) (explaining that “third-party interference with at-will employment relationships ... has long been a compen-sable injury under tort law”). He also may bring a tortious interference claim against his direct supervisor and employer if he presents “evidence eliminating any business justification at all for the termination.” Eggleston v. Phillips, 838 S.W.2d 80, 83 (Mo.Ct.App.1992). In addition, and despite the typical prohibition against bringing wrongful discharge claims, such an employee may allege that his discharge violated Missouri public policy. See Shawcross, 916 S.W.2d at 343. Officer Singleton has not attempted to assert any state law claims in this case.

II.

On appeal, a divided panel of this court originally affirmed the district court in all respects. See Singleton v. Cecil, 133 F.3d 631, 635 (8th Cir.), vacated, 133 F.3d 631, 636 (8th Cir.1998) (Singleton I).

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