Gibson v. Bray

43 F. Supp. 2d 1375, 1998 U.S. Dist. LEXIS 22233, 1998 WL 1034596
CourtDistrict Court, N.D. Georgia
DecidedJune 25, 1998
DocketNo. Civ.A.1:1997-CV-528-RWS
StatusPublished

This text of 43 F. Supp. 2d 1375 (Gibson v. Bray) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gibson v. Bray, 43 F. Supp. 2d 1375, 1998 U.S. Dist. LEXIS 22233, 1998 WL 1034596 (N.D. Ga. 1998).

Opinion

OPINION and ORDER

STORY, District Judge.

This action is before the Court on Defendants’ Motion [8-1] for Summary Judgment.

Background

Viewed in a light most favorable to Plaintiff Larry Gibson, see L.C. by Zimring v. Olmstead, 138 F.3d 893, 902 (11th Cir.1998), the facts of this case are as follows.

Plaintiff Gibson was employed as a uniformed police officer of the Clayton County Police Department continuously from 1977 until the present. During that employment, he was the subject of occasional citizen complaints as well as letters of commendation, and Defendant Chief Ronnie Claekum perceived Gibson’s performance to be generally acceptable. Eventually, Gibson achieved the rank of Lieutenant, assigned to traffic duty as a Zone Commander supervising several junior police officers.

Lieutenant Gibson is a member of the Police Benevolent Association (“PBA”). Over a period of years, he was elected to various positions within the PBA, eventually rising to the position of President of the South Metro Chapter of the PBA of Georgia. In his capacity as a member and officer of the PBA, Lieutenant Gibson wrote numerous letters to the editor and articles published in the local newspaper. These writings typically addressed matters of concern to police officers, including compensation, manpower, officer safety, and allocation of county budgetary resources. Many of the articles were directly and highly critical of the policies and activities of Defendant Crandle Bray, Chairman of the Clayton County Board of Commissioners.

In addition, Lieutenant Gibson was concerned about the manner in which the county, allegedly through Chairman Bray, let certain contracts and made payments under them. Lieutenant Gibson believed the contracting and payments to be illegal and pursued those concerns with his superiors at the police department, the county solicitor’s office, and the prosecuting attorney’s office. No official charges were ever leveled against Chairman Bray arising out of these incidents.

Chairman Bray disliked Lieutenant Gibson and Lieutenant Gibson’s attacks on him, and Chairman Bray repeatedly expressed to Chief Claekum his opinion that Bray should be discharged for these activities. Chief Claekum responded by explaining to Chairman Bray that Lieutenant Gibson could not properly be discharged for these activities, going so far in August of 1996, following the publication of another Lieutenant Gibson letter to the editor, as to send Chairman Bray a memo outlining his understanding of the free speech rights of public employees and analyzing their application to Lieutenant Gibson, concluding with a statement of his belief that Lieutenant Gibson could not properly be discharged for the letter.

On June 27, 1994, the Georgia Supreme Court issued its decision in Mixon v. City of Warner Robins, 264 Ga. 385, 444 S.E.2d 761 (1994). In that decision, the court held that, “if a vehicular pursuit is undertaken or performed without the requisite due regard for the safety of all persons and an injury occurs as the consequence, the officer can be held civilly liable even though the injury was actually inflicted by the fleeing criminal suspect.” 264 Ga. at 388, 444 S.E.2d at 764. Applying that general rule to the facts presented in Mixon, the court further held that a jury would be authorized to find that a police officer had failed to balance the risk to the safety of other drivers when he persisted in his [1377]*1377efforts to arrest a driver for the minor offense of running a stop sign even after the driver had escalated his flight into a high-speed chase in a residential area. 264 Ga. at 390-91, 444 S.E.2d at 766.

Immediately after the Mixon decision was announced, Lieutenant Gibson began to express his displeasure with it. In an article published in the Clayton News/Daily on July 11,1994, Lieutenant Gibson first questioned what would be considered a “minor offense,” then stated, “I don’t consider fleeing from the police a ‘Minor Offense.’ The P.B.A. and Rep. Gail Johnson will introduce a bill before the Georgia House of Representatives to make fleeing the police a felony in Georgia. That would make fleeing from the police more than a ‘Minor Offense.’ ” (Def.Ex.F.)

On November 24, 1994, Clayton County revised its police pursuit policy in response to Mixon. The revised policy provided:

1. The pursuit of vehicles for which the only known or suspected offense is a minor traffic violation is prohibited.
2. The Zone Lieutenant is responsible and accountable for the enforcement of Procedure D3, “Emergency Driving, Section VI., Motor Vehicle Pursuits” in the Zone assigned.
These additions are being made due to the Georgia Supreme Court decision in [Mixon] v. City of Warner Robins, et al. which holds that a law enforcement officer can be held liable for injuries to a third party by the suspect being pursued. ...

Shortly thereafter, Lieutenant Gibson attended mandatory training on the new policy. In at least two conversations with Chief Clackum, Lieutenant Gibson continued to express opposition to the policy and to the absence of a clear definition of “minor” traffic violation.

Lieutenant Gibson bore responsibility under the 1994 pursuit policy for evaluating and approving or terminating high-speed pursuits for the officers he supervised. On June 25, 1995, Lieutenant Gibson was supervising a routine road check when a car performed a U-turn and drove away from the road check. Initially, this car violated no traffic rules, but then ran two stop signs in leaving the area. Knowing nothing else about the driver or occupants of this car, Officer Jeff Hall pursued the car at high speeds through a residential neighborhood. Ultimately, Officer Hall drove through the front yard of a residence and crashed into the fleeing car. The pursuit lasted less than two minutes, and Lieutenant Gibson was otherwise engaged during the entire pursuit. When he was notified of it, he immediately changed radio channels to monitor the pursuit, but it was already over.

The Accident Review Board found the accident to have been preventable in light of the police department’s pursuit policy. Hall was suspended for 18 days. Hall appealed the suspension to the Civil Service Board. Lieutenant Gibson appeared at the Civil Service Board hearing and testified in Officer Hall’s behalf.

On December 5, 1995, based on reports of Lieutenant Gibson’s testimony, Chief Clackum issued a letter of reprimand to Lieutenant Gibson, characterizing his testimony that pursuit of vehicles turning around at road checks is always justified because the vehicle is stolen or the driver is wanted' for some felony as “contrary to existing Georgia law, departmental policy and departmental training.” The reprimand further stated that “Your continuing unwillingness or inability to reconcile yourself to and officially accept policies resulting from binding court decisions is totally inappropriate and unacceptable. As a supervisor it is your duty to enforce these policies and not circumvent or undermine them.” Lieutenant Gibson was not involved in any further incidents in which his application of the pursuit policy was questioned.

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

Related

Young v. City of Augusta Ex Rel. DeVaney
59 F.3d 1160 (Eleventh Circuit, 1995)
Morris v. Crow
117 F.3d 449 (Eleventh Circuit, 1997)
L.C. Ex Rel. Zimring v. Olmstead
138 F.3d 893 (Eleventh Circuit, 1998)
United Mine Workers of America v. Gibbs
383 U.S. 715 (Supreme Court, 1966)
Carnegie-Mellon University v. Cohill
484 U.S. 343 (Supreme Court, 1988)
Rutan v. Republican Party of Illinois
497 U.S. 62 (Supreme Court, 1990)
Ezra Waters v. Clinton Chaffin, Etc.
684 F.2d 833 (Eleventh Circuit, 1982)
Sherryl Snodgrass Goffer v. Carl Harris Marbury, Individually and in His Official Capacity as President of a & M Leon Frazier, Individually and in His Official Capacity as Executive Vice President of a & M Jay Carrington Chunn, Individually and in His Official Capacity as Vice President for Academic Affairs and Research for a & M, Franklin Perry, Individually and in His Official Capacity as Trustee of a & M Dinsimore G. Robinson, Individually and in His Official Capacity as Trustee of a & M Irmatine Bealyer, Individually and in His Official Capacity as Trustee of a & M Thomas Fuller, Individually and in His Official Capacity as Trustee of a & M Lucian Blankenship, Individually and in His Official Capacity as Trustee of a & M Chris McNair Individually and in His Official Capacity as Trustee of a & M Elliot Maisel, Individually and in His Official Capacity as Trustee of a & M George A. Miller, Individually and in His Official Capacity as Trustee of a & M Wayman Sherrer, Individually and in His Official Capacity as Trustee of a & M John Stallworth, Individually and in His Official Capacity as Trustee of a & M Oscar D. Tucker, Individually and in His Official Capacity as Trustee of a & M Clifford Walker, Individually and in His Official Capacity as Trustee of a & M Guy Hunt, Governor of the State of Alabama, Sherryl Snodgrass Goffer, Cross-Appellee v. Carl Harris Marbury, Individually and in His Official Capacity as President of a & M Leon Frazier, Individually and in His Official Capacity as Executive Vice President of a & M Jay Carrington Chunn, Individually and in His Official Capacity as Vice President for Academic Affairs and Research for a & M, Franklin Perry, Individually and in His Official Capacity as Trustee of a & M Dinsimore G. Robinson, Individually and in His Official Capacity as Trustee of a & M Irmatine Bealyer, Individually and in His Official Capacity as Trustee of a & M Thomas Fuller, Individually and in His Official Capacity as Trustee of a & M Chris McNair Individually and in His Official Capacity as Trustee of a & M Lucian Blankenship, Individually and in His Official Capacity as Trustee of a & M Elliot Maisel, Individually and in His Official Capacity as Trustee of a & M George A. Miller, Individually and in His Official Capacity as Trustee of a & M Wayman Sherrer, Individually and in His Official Capacity as Trustee of a & M John Stallworth, Individually and in His Official Capacity as Trustee of a & M Oscar D. Tucker, Individually and in His Official Capacity as Trustee of a & M Clifford Walker, Individually and in His Official Capacity as Trustee for a & M Guy Hunt, Governor of the State of Alabama, Cross-Appellants
956 F.2d 1045 (Eleventh Circuit, 1992)
Jerry Palmer v. Hospital Authority Of Randolph County
22 F.3d 1559 (Eleventh Circuit, 1994)
Mixon v. City of Warner Robins
444 S.E.2d 761 (Supreme Court of Georgia, 1994)
Morgan v. Ford
6 F.3d 750 (Eleventh Circuit, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
43 F. Supp. 2d 1375, 1998 U.S. Dist. LEXIS 22233, 1998 WL 1034596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibson-v-bray-gand-1998.