J. Burk VOIGT, Plaintiff-Appellant, v. Richard D. SAVELL; Ronald J. Woods; Karrold Jackson; State of Alaska, Defendants-Appellees

70 F.3d 1552, 95 Cal. Daily Op. Serv. 8881, 95 Daily Journal DAR 15413, 1995 U.S. App. LEXIS 32668, 1995 WL 689546
CourtCourt of Appeals for the Ninth Circuit
DecidedNovember 22, 1995
Docket94-35721
StatusPublished
Cited by91 cases

This text of 70 F.3d 1552 (J. Burk VOIGT, Plaintiff-Appellant, v. Richard D. SAVELL; Ronald J. Woods; Karrold Jackson; State of Alaska, Defendants-Appellees) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
J. Burk VOIGT, Plaintiff-Appellant, v. Richard D. SAVELL; Ronald J. Woods; Karrold Jackson; State of Alaska, Defendants-Appellees, 70 F.3d 1552, 95 Cal. Daily Op. Serv. 8881, 95 Daily Journal DAR 15413, 1995 U.S. App. LEXIS 32668, 1995 WL 689546 (9th Cir. 1995).

Opinion

OPINION

ALARCON, Circuit Judge:

J. Burk Voigt appeals from the dismissal of this action against Richard D. Saveli, Presiding Judge of the Fourth Judicial District of the Alaska Court System, and several senior members of the Alaska Comí; System’s administrative staff. 1 Voigt contends that the district court erred in granting summary judgment in favor of the defendants on his claims under 42 U.S.C. § 1983 for unlaw *1557 ful discharge in violation of his First Amendment right to free speech and his Fourteenth Amendment right to procedural due process. He further contends that the district court erred in granting summary judgment in favor of the defendants on his claim under 42 U.S.C. § 1985 in which he alleges that the defendants conspired to discriminate against non-residents of Aaska when hiring court personnel.

We affirm the district court’s judgment. With regard to the First Amendment claim, an application of the balancing test articulated in Pickering v. Bd. of Educ., 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968), leads us to conclude that Voigt’s speech is not entitled to constitutional protection in the context of his wrongful discharge action. We need not reach the merits of the Fourteenth Amendment claim because, in the district court, Voigt expressly abandoned his claim that the defendants violated his federal procedural due process rights. We affirm the district court’s judgment on Voigt’s section 1985(3) claim because Voigt does not have standing to assert this claim.

I

Voigt was hired on July 17, 1989 by the Aaska Court System as the Clerk of the Court and Assistant Aea Court Administrator for the Fairbanks trial courts. He became a permanent tenured employee one year later. Voigt’s relationship with Judge Saveli can best be described as strained from at least as early as January of 1991. On January 15, 1991, shortly after assuming his duties as the new presiding judge, Judge Saveli sent two memoranda to Voigt expressing concerns about the way in which Voigt was carrying out his responsibilities. One of these memoranda stated that an action Voigt had taken had not been authorized and was “a real blunder.” Voigt responded on January 17, 1991, with a memorandum to Saveli, in which he addressed what he considered “the development of a very serious impediment to our relationship.” In this memorandum, Voigt expressed confusion as to why Judge Saveli considered him to be “the bad guy” with regard to various situations in the office and stated that “[wjhile your target may have been me personally, your indiscriminate and general comments deny the tremendous accomplishments my office has made[.]”

On March 24, 1992, Voigt received an intent-to-dismiss letter signed by defendants Saveli and Woods. The five-page letter sets forth, as one of the reasons for Voigt’s termination, his “consistent pattern of making inappropriate statements to subordinate employees!;,]” such as “statements to supervisors and other court employees designed to torpedo the selection of Judith Cramer as [a court administrator].” The letter also states that Voigt had engaged in insubordinate behavior, citing Voigt’s criticism of Judge Sa-veli’s decision to uphold a grievance filed by Roberta Demoski, a resident of Aaska who complained when Voigt did not hire her for a clerk position. 2 Because Voigt relies on his speech regarding these two incidents as the basis for his First Amendment claim, we set forth the facts surrounding these incidents in detail.

In early 1991, Judge Saveli sought to hire a new Fairbanks Aea Court Administrator (“ACA”). Mter interviewing four individuals for the position in mid-April, he first offered the position to Judith Cramer, an Ohio resident and that state court’s administrator. Cramer declined the position. On Friday, April 26, 1991, Judge Saveli offered the AjCA position to Don Mills, an Oregon resident; and that state court’s administrator. Mills'" accepted the position. The following Monday Cramer called Judge Saveli and indicated that she had changed her mind and wanted to accept the position.

Judge Saveli consulted by telephone with every judge he could find in the district in order to obtain their consent to the cancellation of Mills’ employment contract so he could award the position to Cramer. Every *1558 judge whom Judge Saveli contacted approved of the proposed action, except for Judge Jay Hodges. Judge Saveli then called Art Snow-den, the Administrative Director of the Alaska Court System. Snowden approved the proposed action and authorized reimbursement to Mills for any losses or expenses he had incurred as a result of the reeision of the agreement to employ him. Judge Saveli notified Mills that the employment agreement had been cancelled and offered the position to Cramer.

Voigt was highly critical of the way Judge Saveli handled the ACA hiring and of Judith Cramer, the person Judge Saveli had chosen for the position. At a supervisors meeting attended by the various department heads of the Fairbanks court system on May 1, 1991, Voigt stated that Judge Saveli “lacked honor and integrity” in his handling of the situation. He also questioned Judith Cramer’s integrity and competency.

Voigt received a written reprimand on May 15, 1991 from Judge Saveli. Judge Saveli stated as one of the reasons for the reprimand Voigt’s criticism to other staff members concerning the manner in which Judge Saveli handled the hiring of Judith Cramer. Judge Saveli informed Voigt that his comments went beyond mere disagreement with the decision to hire Cramer and the manner in which the selection was handled. He indicated that Voigt’s comments appeared to be an attempt to “torpedo” the selection of Judith Cramer and to undermine any chance that she had of succeeding at her job. 3 Voigt testified at his deposition that he did not agree with the reprimand, but chose not to grieve it.

The second incident Voigt relies on as the basis for his First Amendment claim involves his criticism of a decision by Judge Saveli to uphold a grievance filed by Roberta Demo-ski. On February 7, 1992, Voigt hired Margaret Crawford, a non-resident of Alaska, for a court clerk position, instead of Demoski, a court clerk from Galena, Alaska. Voigt testified that he hired Crawford, one of Judge Saveli’s former law clerks, because he felt that her legal experience, education, and personality best qualified her for the position.

Demoski filed an informal grievance following Voigt’s decision. Judge Saveli issued a decision on February 25, 1992, in which he concluded that Demoski’s grievance was valid. He found that Voigt had applied improper criteria and had ignored a personnel rule when choosing Crawford over Demoski. Judge Saveli ordered that Demoski be transferred to the Fairbanks clerk’s office so she could be placed in the first available position for which she was qualified.

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70 F.3d 1552, 95 Cal. Daily Op. Serv. 8881, 95 Daily Journal DAR 15413, 1995 U.S. App. LEXIS 32668, 1995 WL 689546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-burk-voigt-plaintiff-appellant-v-richard-d-savell-ronald-j-woods-ca9-1995.