Fowler v. Carrollton Public Library

799 F.2d 976, 1 I.E.R. Cas. (BNA) 808, 1986 U.S. App. LEXIS 30530, 41 Empl. Prac. Dec. (CCH) 36,572, 41 Fair Empl. Prac. Cas. (BNA) 1527
CourtCourt of Appeals for the Fifth Circuit
DecidedSeptember 12, 1986
DocketNo. 85-1148
StatusPublished
Cited by44 cases

This text of 799 F.2d 976 (Fowler v. Carrollton Public Library) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fowler v. Carrollton Public Library, 799 F.2d 976, 1 I.E.R. Cas. (BNA) 808, 1986 U.S. App. LEXIS 30530, 41 Empl. Prac. Dec. (CCH) 36,572, 41 Fair Empl. Prac. Cas. (BNA) 1527 (5th Cir. 1986).

Opinion

EDITH HOLLAN JONES, Circuit Judge:

This judgment in this complex lawsuit is REVERSED and REMANDED for a new trial.

In the city library of Carrollton, Texas, a petty satrapy appended to the local government, personality conflicts and disagreement over small matters of principle and perquisite festered during 1981-82. Appel-lee-Cross-Appellant Fowler, hired in 1978 at the age of 58 as the children’s librarian and assistant director, was at the center of the vortex. Lauded in the state of Texas as an outstanding children’s librarian and particularly popular in Carrollton as a story teller who attracted up to 300 children to the library for her performances, Mrs. Fowler nonetheless fell afoul of her co-workers. Through a series of incidents not necessary to recount but commencing in 1981, she and the library staff, including its director Kenneth Mjaaland, became increasingly disaffected with each other. She was ignored or derided openly by the staff, and Mjaaland argued with her loudly within earshot of library patrons on several occasions. Mrs. Fowler, for her part, regularly registered offense (not publicly) at a number of library administrative practices which she felt were undermining her authority. Mrs. Fowler’s discomfiture with her working environment came to a head in February, 1982, when she became incoherent and semi-conscious during a discussion with Mjaaland and a co-worker over a policy difference. She was taken to the hospital, where she remained for three days with a diagnosis of “transient global amnesia.” Recuperation at home followed for two weeks. She understood her condition had been induced by stress at work. She feared that further outbreaks of this condition, as well as a possible heart attack or stroke, might result from additional strain, and she so informed Mjaaland upon returning to work March 5.

On March 20, Mjaaland humiliated Mrs. Fowler in a public portion of the library, and she immediately went home without his permission, frightened by her inability to control her emotions. Her daughter telephoned Mjaaland the next day, informing him that Mrs. Fowler was ill and would let him know when she would come back to the library. She never did either.

The following week, Mrs. Fowler attended the Texas Librarians Conference, where she received an award for being the outstanding children’s librarian in the state. Ordinarily, attendance at this convention would have been within the course and scope of her employment at the library. On the preceding Sunday, she and her son-in-law removed from her office at the library some plants, pictures, and personal possessions, although the parties dispute whether her office was “cleaned out” at that time.

On March 31, she appeared at Carrollton City Hall to pick up her paycheck, and was at that time informed that she must turn in [979]*979her keys. It dawned on Mrs. Fowler as she left City Hall that, because of its unusually large amount, this was a severance paycheck.

A number of Carrollton residents approached representatives of the City, trying to determine the status of Mrs. Fowler’s employment. Finally, on or about May 12, she wrote a letter to the city manager, requesting a meeting with him or city council. At that time, Clonis Luallen, the city manager, informed her that there would be no need for any type of meeting with him or any representative of his office.

Mrs. Fowler subsequently applied for work at a number of libraries and at the time of trial was employed at the Akiba Academy in Dallas.

Mrs. Fowler's lawsuit was predicated on two causes of action. Pursuant to the Age Discrimination in Employment Act, 29 U.S.C. §§ 621 et seq., she asserted that she was terminated because of her age and retaliated against for filing an EEOC complaint. Her civil rights action under 42 U.S.C. § 1983 asserted that she was actually or constructively discharged by the City of Carrollton in violation of her right to procedural due process.

The jury received special issues only on the § 1983 claim and found that Fowler was “actually or constructively discharged” without just cause, and that she was entitled to receive $25,000 damages for mental anguish and $75,000 for physical pain and suffering proximately caused by the City’s failure to accord her a hearing. On posttrial motions the district court denied a motion for judgment n.o.v., refused to add backpay, reinstatement or frontpay to Fowler’s award, and refused to reconsider a directed verdict on her claims under the Age Discrimination in Employment Act.

Multifarious points on appeal have been raised by both parties. We will deal with each of these issues in turn.

I. SECTION 1983 LIABILITY

Whether Mrs. Fowler’s constitutional right to procedural due process under the Fourteenth Amendment was violated by the manner in which she left the City’s employ is the critical liability issue raised by the City of Carrollton. The City seeks to distinguish the procedural due process ramifications of Fowler’s causes of action for actual discharge and constructive discharge by the city.

The trial court did not distinguish between the two methods of discharge in its charge to the jury. The first jury interrogatory asked whether “Fowler was actually or constructively discharged from her position as Children’s Librarian by the City and/or the library.” The definition of “constructive discharge” immediately following this interrogatory stated that it is not necessary for the employee to show that the employer subjectively intended to force a resignation, but only that the employer “deliberately made the employee’s working conditions so intolerable that the employee was forced to quit.” The court further charged the jury that “because Fowler was never given any reasons for what she claims was a discharge, or a hearing thereon, her constitutional right to due process was violated.” If the jury found that Fowler had been harassed out of her job, the court’s instructions indicated that this was a per se constitutional violation, because she had received no hearing.

We agree with the City’s contention that, from the standpoint of constitutional law analysis, it was error (a) to equate actual and constructive discharge and (b) to submit constructive discharge as a procedural due process claim on the facts on this case.1 Significant court decisions, some of which have intervened since the date of trial, assist our analysis of the propriety of this disjunctive interrogatory and associat[980]*980ed instructions. First, in Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985), the Supreme Court held that “some type of hearing” is ordinarily a constitutional requirement for due process purposes before a public employee who has a property interest in his job may be terminated.2 Under Loudermill, if Fowler was actively discharged by the City, as was the plaintiff in Loudermill, the City’s failure to accord her a pretermination notice and hearing of some kind unquestionably violated her constitutional rights. Some evidence in the record tends to substantiate a theory that Fowler was actually discharged, and there was no pretermination hearing.

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

Related

Ordonye v. Clement
E.D. Louisiana, 2025
White v. Busboom
297 Neb. 717 (Nebraska Supreme Court, 2017)
Idom v. Natchez-Adams School District
115 F. Supp. 3d 792 (S.D. Mississippi, 2015)
Holden v. Knight
155 F. App'x 735 (Fifth Circuit, 2005)
Shell v. Shell Oil Co.
216 F. Supp. 2d 634 (S.D. Texas, 2002)
Brown v. Montgomery County Hospital District
929 S.W.2d 577 (Court of Appeals of Texas, 1996)
Brown v. CSC Logic, Inc.
82 F.3d 651 (Fifth Circuit, 1996)
Macklin v. City of Brookside
Fifth Circuit, 1996
Nichols v. City of Jackson
848 F. Supp. 718 (S.D. Mississippi, 1994)
White v. Houston Independent School District
815 F. Supp. 1016 (S.D. Texas, 1993)
McVey v. Berman
836 S.W.2d 445 (Court of Appeals of Kentucky, 1992)
Folse v. Delgado Community College
776 F. Supp. 1133 (E.D. Louisiana, 1991)
Thomas v. Frederick
766 F. Supp. 540 (W.D. Louisiana, 1991)
Doohan v. Bigfork School District No. 38
805 P.2d 1354 (Montana Supreme Court, 1991)
Bulloch v. City of Pascagoula
574 So. 2d 637 (Mississippi Supreme Court, 1990)
Desper v. Montgomery County
727 F. Supp. 959 (E.D. Pennsylvania, 1990)
Rathjen v. Litchfield
878 F.2d 836 (Fifth Circuit, 1989)
Lewandowski v. Two Rivers Public School District
711 F. Supp. 1486 (E.D. Wisconsin, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
799 F.2d 976, 1 I.E.R. Cas. (BNA) 808, 1986 U.S. App. LEXIS 30530, 41 Empl. Prac. Dec. (CCH) 36,572, 41 Fair Empl. Prac. Cas. (BNA) 1527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fowler-v-carrollton-public-library-ca5-1986.