Janice Akins v. Fulton County, Georgia

420 F.3d 1293, 23 I.E.R. Cas. (BNA) 466, 2005 U.S. App. LEXIS 17328, 2005 WL 1958333
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 17, 2005
Docket04-11888
StatusPublished
Cited by107 cases

This text of 420 F.3d 1293 (Janice Akins v. Fulton County, Georgia) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Janice Akins v. Fulton County, Georgia, 420 F.3d 1293, 23 I.E.R. Cas. (BNA) 466, 2005 U.S. App. LEXIS 17328, 2005 WL 1958333 (11th Cir. 2005).

Opinions

WILSON, Circuit Judge:

In this case we review a decision granting a public employee qualified immunity with respect to Plaintiffs’ claim of First Amendment retaliation. The district court granted qualified immunity after determining that the law regarding constructive discharge and protected speech was not clearly established. We think that it was. However, because one of the Plaintiffs did not resign, but requested and received a favorable transfer, she cannot state a claim for constructive discharge. We reverse in part and affirm in part the district court’s order granting summary judgment in favor of Defendant John Gates.1

[1298]*1298I. BACKGROUND

Plaintiffs are former employees of the purchasing department of Fulton County, Georgia. Debra Blount and Natalie Revell were employed as contracting officers. Janice Akins supervised both Blount and Revell as Contracting Division Chief and Assistant Purchasing Agent for Contracting. Defendant Gates is the department’s director and ultimate supervisor of all three Plaintiffs.

In 1998, Plaintiffs began to notice several “irregularities” in the purchasing department’s process for bidding and contracting. They claim that some transactions did not follow the department’s rules and regulations. Plaintiffs and some of their coworkers requested and were granted a meeting with Fulton County Commissioner Emma Darnell for the afternoon of August 27, 1998. On the morning of the meeting, Gates spoke with one of Plaintiffs’ coworkers, allegedly “lectur[ing]” her on the consequences of attending the meeting with Commissioner Darnell. According to Plaintiffs, many of their coworkers decided not to attend because of Gates’s “intimidation.” Plaintiffs allege that, although they discussed general work environment concerns at the meeting, the “main thrust” of their conversation was a discussion of these bidding irregularities, referring specifically to six bids in their affidavits. In addition, Plaintiffs identified six other bids that they discussed with Commissioner Darnell on later occasions.

Plaintiffs concede that their work relationship with Gates had not been perfect, but they claim that things took a turn for the worse after the meeting. For example, one of Plaintiffs’ coworkers revealed in his affidavit that, on the day of the meeting, Gates instructed employees not to communicate or associate with Plaintiffs. Another coworker stated that Gates intimidated employees to keep them from speaking with Plaintiffs. According to Plaintiffs, their friends within the department would no longer speak with them, and others would walk in the other direction when they saw Plaintiffs. Also on August 27, 1998, Blount and Revell received written warnings from Gates for eavesdropping, which they found in their offices upon returning from the meeting.

In the weeks and months that followed, Plaintiffs claim that Gates continued to single them out unfavorably. In September of 1998, Gates “berated” Blount for taking notes in a staff meeting, and Akins was informed that she was not to attend a year-end closeout meeting that she had attended throughout her career. A week later, Gates accused Blount of sabotaging a bid.

In October, Plaintiffs attended a Board of Commissioners meeting, as it was customary for purchasing officers to do. Plaintiffs were told by Gates’s assistant that Gates wanted them to leave the meeting. They were not permitted to attend subsequent Board meetings. Gates also instructed Plaintiffs to turn over files for several projects, relieving them of the bulk of their work duties. After approximately one-and-a-half months without work, Gates claimed that there had been a misunderstanding and returned to Plaintiffs some, but not all, of their duties. On October 14, 1998, Gates accused Blount and Revell of sabotaging a bid. The next day, Gates ordered Plaintiffs to display their time sheets publicly, even though other employees were permitted to keep their time sheets private.

In December, Gates asked Blount and Revell for assistance with what they said was “unethical behavior,” though they did not explain what constituted this behavior. Gates also sent Akins a letter accusing her of poor management of employees.

[1299]*1299On January 7,1999, Gates wrote Akins a memo threatening to suspend her for insubordination. Akins claims that this resulted from a December 1,1998 meeting at which Gates directed her to train the staff on a computer system for which she herself had not been trained. On January 12, 1999, Gates gave Akins a memo identical to the January 7 memo, except for the date.

By this time, Blount had decided to resign due to the bid irregularities and the resulting retaliation, including Gates’s accusations of sabotage. Akins conducted Blount’s exit interview on January 19, 1999, when Blount revealed her reasons for leaving. Akins claims that afterwards, Gates tried to coerce her into changing Blount’s written comments concerning the reasons for her departure. Allegedly in response to Akins’s refusal to changing Blount’s comments, Gates prepared a written performance evaluation of Akins on that same day in which he lowered her rating from “exceeds expectations” to “meets expectations.” Akins did not receive this evaluation, but only learned of it when she received her personnel records in August of 2000 during discovery for this litigation.

In addition, Plaintiffs allege that Gates again accused Revell of sabotage by forging Gates’s signature on documents and discarding papers. Revell also went through several office changes, including two moves in one day and a move from an office to a cubicle. Finally, Akins stated that Gates repeatedly reprimanded her for allowing Blount and Revell to report bid irregularities.

Plaintiffs bring a claim under 42 U.S.C. § 1983, arguing that these events, considered either individually or in the aggregate, constitute First Amendment retaliation by Gates. The district court granted summary judgment in favor of Gates based on qualified immunity. Plaintiffs appeal.

II. STANDARD OF REVIEW

We review grants of summary judgment based on qualified immunity de novo. Durruthy v. Pastor, 351 F.3d 1080, 1084 (11th Cir.2003). A motion for summary judgment should be granted when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). “[T]he plain language of Rule 56(c) mandates the entry of summary judgment ... against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). On a summary judgment motion, we resolve all reasonable doubts and make all justifiable inferences in the non-mov-ants’ favor. See Chapman v. AI Transp., 229 F.3d 1012, 1023 (11th Cir.2000). Thus, we consider the facts in the light most favorable to Plaintiffs. Id.

III. DISCUSSION

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420 F.3d 1293, 23 I.E.R. Cas. (BNA) 466, 2005 U.S. App. LEXIS 17328, 2005 WL 1958333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/janice-akins-v-fulton-county-georgia-ca11-2005.