Helwig v. Pennington

30 F. App'x 516
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 27, 2002
DocketNo. 00-6381
StatusPublished
Cited by7 cases

This text of 30 F. App'x 516 (Helwig v. Pennington) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Helwig v. Pennington, 30 F. App'x 516 (6th Cir. 2002).

Opinion

RYAN, Circuit Judge.

All but one of the plaintiffs are former employees of the Elliott County Fiscal Court who allege that newly appointed county judge executive Charles Pennington and the Fiscal Court discharged them from their respective county jobs, in violation of 42 U.S.C. § 1983 and their First Amendment rights of free speech and association for supporting Pennington’s political rivals. Plaintiff Debbie Wagoner is still employed by the county, but was forced to assume a county-wide pay cut which she claims effectuated a constructive discharge. The plaintiffs contend that the district court should not have granted summary judgment for the defendants because there are material questions of fact as to whether the actions taken by the defendants were politically motivated. We agree that the defendants did not carry their burden as required by Mt. Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 287, 97 S.Ct. 568, 50 L.Ed.2d 471 (1977), as to plaintiffs Helwig, Frazier, and Smith and conclude that material issues remain. We will therefore reverse the grant of summary judgment as to those plaintiffs and remand for further proceedings. We will affirm the court’s grant of summary judgment with respect to the claims of the remaining plaintiffs.

I.

This case illustrates the unfortunate and, we are told, frequent change-of-the-guard wranglings that occur when a longtime elected Kentucky county judge executive decides to retire. Outgoing judge executive, David Blair, employed all of the plaintiffs who, in turn, supported defendant Charles Pennington’s political rival Mark Kazee in his unsuccessful bid for [518]*518county judge executive. Pennington, then county sheriff, defeated opponent Kazee in the May 1998 Democratic primary for the county judge executive position. Pennington was subsequently elected to the position in the November 1998 general election.

On taking office, the defendants promptly abolished the positions held by plaintiffs Lena Helwig (road department secretary), James E. Frazier (police officer), and Sharon Smith (janitor). Within one week of Pennington’s swearing-in he initiated a county-wide pay cut that plaintiffs Roy Spears, James Gilliam, Burl Carter, Charles Mauk, and James E. Campbell (all road department employees) claim was tantamount to a constructive discharge. After refusing to accept the pay cut, plaintiffs Spears, Gilliam, Carter, Mauk, and Campbell received notice from Pennington stating: “After our discussion of budget cuts on January 04, 1999, you’re [sic] employment is now terminated.” Plaintiff Debbie Wagoner (county treasurer) accepted the pay cut and still works for the county ambulance service. The plaintiffs contend that these actions were primarily motivated by the fact that they supported Pennington’s political rivals and they challenge the defendants’ actions as violating their First Amendment rights. Pennington contends that the employment decisions were motivated by his assessment of the county’s dire financial condition and the necessity for an across-the-board reduction of the Elliott County payroll, in an attempt to ensure compliance with the financial-budgetary requirements of Kentucky law.

The defendants’ motion for summary judgment was initially referred to United States Magistrate Judge James B. Todd, who recommended it be granted. Following timely objections, the district court adopted the magistrate judge’s recommendation and granted the defendants’ motion for summary judgment. The court concluded that the defendants had proven by a preponderance of the evidence that the employment decisions would have been the same absent the protected conduct and that the plaintiffs had not provided any countervailing evidence of unconstitutional retaliation. Without lengthy discussion, the court also concluded that while the defendants’ motion did not ask for a dismissal of the claim against Pennington in his individual capacity, the evidence against Pennington in his individual capacity would be the same as the evidence against him in his official capacity. Because the court determined that the evidence was insufficient to maintain a claim against Pennington or the Fiscal Court officially, the court summarily dismissed all of the plaintiffs’ federal claims.

II.

A.

We review an order granting summary judgment de novo. Hall v. Tollett, 128 F.3d 418, 421 (6th Cir.1997). Summary judgment is proper “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed. R. Civ. P. 56(c).

Because plaintiffs, in cases in which a defendant’s state of mind, such as motive, is in issue, must primarily rely on circumstantial evidence and reasonable inferences drawn from the defendant’s conduct, we have frequently held that summary judgment is inappropriate. Wilson v. Seiter, 893 F.2d 861, 866 (6th Cir.1990), vacated on other grounds, 501 U.S. 294, 111 S.Ct. 2321, 115 L.Ed.2d 271 (1991). Summary judgment is usually appropriate in state-of-mind cases only if the nonmoving party [519]*519“ ‘rests merely upon conclusory allegations, improbable inferences, and unsupported speculation.’ ” Picha v. City of Parma, No. 91-3501, 1992 WL 57419, at *2 (6th Cir. Mar.25, 1992) (unpublished disposition) (quoting Medina-Munoz v. R.J. Reynolds Tobacco Co., 896 F.2d 5, 8 (1st Cir.1990)).

B.

The plaintiffs contend that they were discharged, directly and constructively, from their respective county positions for exercising their protected First Amendment rights, in violation of 42 U.S.C. § 1983. Essentially, therefore, this case is about the underlying motivations of the defendants’ employment decisions. To establish an unconstitutional retaliation claim, this court requires that the plaintiffs prove: “(1) the plaintiff engaged in protected conduct; (2) an adverse action was taken against the plaintiff that would deter a person of ordinary firmness from continuing to engage in that conduct; and (3) there is a causal connection between elements one and two—that is, the adverse action was motivated at least in part by the plaintiffs protected conduct.” Thaddeus-X v. Blatter, 175 F.3d 378, 394 (6th Cir.1999) (en banc). This inquiry tracks the Supreme Court’s analysis in Mt. Healthy City School District, 429 U.S. 274, 97 S.Ct.

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Bluebook (online)
30 F. App'x 516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/helwig-v-pennington-ca6-2002.