Dunn v. Millirons

176 F. Supp. 3d 591, 2016 U.S. Dist. LEXIS 44381, 2016 I.E.R. Cas. (BNA) 200
CourtDistrict Court, W.D. Virginia
DecidedMarch 31, 2016
DocketCivil Action No. 7:14CV00429
StatusPublished
Cited by5 cases

This text of 176 F. Supp. 3d 591 (Dunn v. Millirons) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dunn v. Millirons, 176 F. Supp. 3d 591, 2016 U.S. Dist. LEXIS 44381, 2016 I.E.R. Cas. (BNA) 200 (W.D. Va. 2016).

Opinion

MEMORANDUM OPINION

Glen E. Conrad, Chief United States District Judge

Brian Scott Dunn previously worked as a deputy sheriff in the office of Giles County Sheriff Morgan Millirons. This case arises from Sheriff Millirons’ decision to terminate Dunn’s employment. Dunn claims that the termination constituted a retaliatory discharge in violation of the False Claims Act and- the First Amendment. Dunn also asserts a claim for wrong[596]*596ful discharge -under state law. The case is presently before the court on Sheriff Milli-rons’ motion for summary judgment. For the following reasons, the motion will be granted in part and denied in, part.

Background

The following facts from the summary judgment record are either undisputed or, where disputed, are presented in the light most favorable to the plaintiff. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (emphasizing that “[t]he evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in his favor,” when ruling on a motion for summary judgment).

Dunn was hired by Sheriff Millirons in 2008. At the time Dunn was hired, he held the rank of sergeant in Sheriff Millirons’ chain of command. He eventually attained the rank of lieutenant.

During the course of his employment as a deputy, Dunn also served on the Board of Supervisors of Giles County. Prior to running for his elected seat on the board, Dunn received permission from Sheriff Millirons.

In early 2013, the Board of Supervisors received complaints regarding the county animal shelter from members of Giles Animal Rescue (“GAR”), a local volunteer organization. At that time, the animal shelter was managed by Sheriff Millirons, but funded by the county as directed by the Board of Supervisors. The GAR members complained about the physical conditions of the animal shelter and the level of care received by the animals. The concerns raised by the GAR members led to further questions regarding whether Chastity Perkins, the shelter’s only employee, was actually working all of the hours for which she was being paid.

In July of 2013, members of the Board of Supervisors asked Dunn to speak to Sheriff Millirons about the issues raised by the GAR members. Of those issues, Dunn was most concerned with whether the county was paying for hours that Pex-kins did not actually work. See Dunn Dep. Tr. 91, PL’s Br. Opp’n Summ. J. Ex. A (“[T]he Perkins thing was more important.... [Y]ou just can’t be paying somebody for hours they are not working.”). Although Dunn had no supervisory control over Perkins or the animal shelter in his position with the sheriffs office, the county was responsible for paying the staffing agency that employed Perkins to work at the shelter. Sheriff Millirons “signed off’ on the invoices from the staffing agency for hours allegedly worked by Perkins, and those invoices were then processed and paid by the Board of Supervisors. Millirons Dep. Tr. 37, PL’s Br. Opp’n Summ. J. Ex. K. Dunn estimates that the county paid Perkins over $70,000 for work that she did not perform.

Dunn subsequently met with Sheriff Millirons in the sheriffs office during work hours. During the meeting, Dunn advised Sheriff Millirons that “the Board [of Supervisors was] upset,” because “complaints [were] coming in about the animal shelter and how the animal shelter [was] being run.” Dunn Dep. Tr. 65. Dunn emphasized that his “biggest concern was about Chastity [Perkins] being paid for hours that she wasn’t working,” and that it was “not going to be good” if her time records were audited, Id. Dunn suggested that Sheriff Millirons install a time clock or a camera at the animal shelter to keep track of the hours that Perkins actually worked. Id.

Sheriff Millirons became upset during the meeting, and threatened to kick out the GAR members who had been volunteering at the shelter. The sheriff also advised Dunn to “mind [his] own business,” and indicated “that it would be in [Dunn’s] best interest just not to worry about [the shelter].” Id. at 68.

[597]*597Following the meeting, Sheriff Millirons “started acting differently” toward Dunn. Id. at 87. Dunn testified that the sheriff interacted with him in an “unprofessional and rude” manner, and implied that Dunn had initiated the complaints regarding the shelter, which were ultimately publicized in the local newspapers. Id. at 87-89.

In August of 2013, Douglas Sadler, the police chief in Pembroke, Virginia, contacted Dunn regarding the possibility of acquiring surplus vehicles from the sheriffs office for the town’s police department. Dunn agreed to show Sadler the vehicles that he was interested in acquiring. Two or three days later, Sheriff Millirons accosted Dunn while he was on duty and “g[ot] in [Dunn’s] face.” Id. at 96. The sheriff emphasized that he was “the goddamn moth-erf — ing sheriff around here,” and that he was responsible for making decisions about the vehicles. Id. at 96.

On the morning of September 1, 2013, a convenience store burglary was reported to the sheriffs office. Dunn proceeded to the convenience store a few hours later, after he began his assigned shift. Upon his arrival, Dunn found evidence that had not been collected by the deputies responsible for processing the crime scene. When Dunn requested that certain deputies return to the convenience store, the deputies refused to return because they were engaged in a fantasy football meeting.

Dunn subsequently included this information in an entry that he made in the Computer Aided Dispatch (“CAD”) system utilized by the sheriffs office. Dunn reported that he had attempted to contact other deputies regarding his findings at the convenience store, and that “there were no technicians or investigators [available] to assist” him. PL’s Br. Opp’n Summ. J. Ex. C. Dunn noted that “Unit 15 advised that he had plans and could not respond,” and that “Unit 4 advised that Unit 15 was having his fantasy football meeting with Unit 9.” Id.

That same month, Sheriff Millirons deleted the fantasy football comment from the CAD entry, and demoted Dunn to the rank of sergeant. During the course of advising Dunn of the demotion, Sheriff Millirons “angrily highlighted” the fact that Dunn had referenced the fantasy football meeting in the CAD entry, and told him that “everybody” in the office “hates his f-ing guts.” Dunn Decl. ¶ 3, Pl.’s Br. Opp’n Summ. J. Ex. B; Dunn Dep. Tr. 138. Upon learning that his CAD entry had been modified, Dunn advised Sheriff Milli-rons that the modification could constitute a violation of Virginia law.

On September 29,2013, Dunn visited the residence of Michael Falls, who held the rank of major under Sheriff Millirons. Dunn informed Falls that “the Board [was] going to have [Sheriff Millirons] investigated by the Attorney General.” Falls Dep. Tr. 15, Pl.’s Br. Opp’n Summ. J. Ex. D. Dunn used the term “embezzlement,” and “indicated that it was something to do with the animal shelter.” Id.

On October 21, 2013, Sheriff Millirons terminated Dunn’s employment. During the course of discovery, the sheriff produced typewritten memoranda documenting alleged instances of insubordination and unbecoming conduct by Dunn, and indicated that Dunn’s termination was based on the conduct outlined in the mem-oranda. The first memorandum was dated August 27, 2013, and the final memorandum was dated October 8, 2013.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Flanagan v. Scearce
W.D. Virginia, 2020
Nifong v. SOC, LLC
190 F. Supp. 3d 549 (E.D. Virginia, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
176 F. Supp. 3d 591, 2016 U.S. Dist. LEXIS 44381, 2016 I.E.R. Cas. (BNA) 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunn-v-millirons-vawd-2016.