Janie Ingalls v. U.S. Space and Rocket Center

679 F. App'x 935
CourtCourt of Appeals for the Eleventh Circuit
DecidedFebruary 16, 2017
Docket15-13797 Non-Argument Calendar
StatusUnpublished
Cited by4 cases

This text of 679 F. App'x 935 (Janie Ingalls v. U.S. Space and Rocket Center) 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
Janie Ingalls v. U.S. Space and Rocket Center, 679 F. App'x 935 (11th Cir. 2017).

Opinion

PER CURIAM:

Dr. Wernher von Braun, a visionary rocket scientist, was responsible for Nazi Germany’s V-2 rocket, and, after World War II, for putting American Apollo astronauts on the moon. Also a visionary for earthly endeavors, he was responsible for convincing the Alabama Legislature to create the U.S. Space & Rocket Center, which put his rockets and work on display for future generations. Dr. von Braun probably hoped that the Center would, like his rockets, launch visitors’ imaginations to the moon and back and keep America’s vigor for rocket science alive. He probably did not expect, however, that his Center would also be the launching pad for a *937 federal equal protection and due process law suit.

Decades after the Center opened its doors, three former employees sued executives of the Space Science Exhibit Commission, which is responsible for running the Center, for failing to pay holiday and longevity benefits allegedly due to them under Alabama law. The former employees alleged that this failure, among other things, violated their federal equal protection and due process rights. The Commission executives countered by filing a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), asserting that they are protected from suit by qualified immunity. The district court agreed with the executives and dismissed the claims against them. This timely appeal followed.

Following a review of the record, and ■with the benefit of oral argument, we affirm. With respect to the equal protection claim, the former employees failed to allege a violation of clearly established law. The due process claim fails because the former employees concede that they will receive adequate process in their parallel Alabama state court litigation.

I

The second amended complaint alleges the following facts, which We accept as true. See Timson v. Sampson, 518 F.3d 870, 872 (11th Cir. 2008).

A

In March of 1970, the U.S. Space' & Rocket Center opened its doors in Huntsville, Alabama, and began offering visitors a unique glimpse into the United States space program. To manage the facility and programming, the Alabama Legislature established the Alabama Space Science Exhibit Commission. See Alabama Code §§ 41-9-430 through 41-9-439. Today, as Dr. von Braun had hoped, the U.S. Space & Rocket Center, operated by the Commission, provides the leading museum experience for those interested in the United States space program.

In January of 2014, the Alabama State Department of Public Accounts, which is responsible for auditing entities that receive or use state funds, issued a report detailing its audit of the Commission for 2007-2012. The audit report found, among other things, that the Commission had failed to provide appropriate holiday and longevity pay to its employees as required by certain Alabama statutes. Specifically, the report concluded that (1) “[t]he Commission/USS&RC provides six fewer holidays to its state employees than are mandated by law for state employees,” and (2) “[tjhe Commission/USS&RC’s employees who were entitled to receive longevity payments received less than the amount to which they were entitled.”

To remedy the failure, the Department of Public Accounts recommended as follows:

The Commission should award to its employees the holidays provided by the Code of Alabama 1975, Section l-3-8(a), and should provide a day of compensatory leave or paid compensation in lieu of any holiday on which the employee is required to work, as required by the Code of Alabama 1975, Section l-3-8(e).
The Commission should re-compute longevity pay for each employee for all years in which they were qualified to receive longevity pay for reason of not having received a cost of living pay increase and should pay the employees the total amount of all underpayments due them.

The Department of Public Accounts released the report first to the Commission, and then to the public. After the report was issued, the Commission held a meet- *938 mg with its employees. The Commission’s management acknowledged the report and voiced its collective belief that the audit report findings were wrong. Management also said that the Commission would, if required, implement changes to the current employee benefits program. To date, Commission executives have adopted none of the changes regarding holiday and longevity pay recommended by the Department of Public Accounts.

C

The appellants, three former Commission employees, brought suit against several Commission executives for failing to provide them holiday pay pursuant to Alabama Code § l-3-8(e) and longevity pay increases under Alabama Code § 36-6-11(a). As relevant here, the former employees alleged that these failures violated their federal equal protection and due process rights. 1

In relevant part, § l-3-8(e) provides that “[a]ny state employee working on a state holiday shall receive a day of compensatory leave or paid compensation in lieu of the holiday as provided herein.” The paid holidays are listed in § 1—3—8(a), and § l-3-8(b) specifies when those holidays shall be taken during the year. Although Commission employees were provided a benefits program that included some of the listed holidays, six of the holidays listed under § l-3-8(a) were excluded.

Under § 36-6-ll(a), “[e]ach person employed by the State of Alabama” is entitled to certain longevity pay. This provision awards the following longevity compensation to state employees;

[A] lump sum the first payday of December each year the sum of three hundred dollars ($300) per annum after such employee has served for a total period of five years and shall receive the payment until the tenth year of total service, at which time the payment shall be made in a like manner and at a like time but in the amount of four hundred dollars ($400) per annum until the fifteenth year of total service, at which time the payment shall be made in a like manner and at a like time but in the amount of five hundred dollars ($500) per annum until the twentieth year of total service, at which time the payment shall be made in a like manner and at a like time but in the amount of six hundred dollars ($600) per annum until the twenty-fifth year of total service, at which time the payment shall be made in a like manner and at a like time, but in the amount of seven hundred dollars ($700) as long as the employee remains in service.

Id. The Commission’s benefits program provided employees these longevity pay benefits.

When state employees fail to receive cost-of-living pay raises, the longevity pay statute also provides for an increase in longevity pay:

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Related

Braxton v. Stokes
S.D. Alabama, 2024
Barnhart v. Ingalls
275 So. 3d 1112 (Supreme Court of Alabama, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
679 F. App'x 935, Counsel Stack Legal Research, https://law.counselstack.com/opinion/janie-ingalls-v-us-space-and-rocket-center-ca11-2017.