Jonah Holbrook v. Stephanie Dumas

658 F. App'x 280
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 17, 2016
Docket15-4334
StatusUnpublished
Cited by14 cases

This text of 658 F. App'x 280 (Jonah Holbrook v. Stephanie Dumas) 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
Jonah Holbrook v. Stephanie Dumas, 658 F. App'x 280 (6th Cir. 2016).

Opinions

OPINION

McKEAGUE, Circuit Judge.

Plaintiff Jonah Holbrook, former Village of Lincoln Heights Fire Chief, was fired [281]*281after alerting firefighters to the potential closure of the fire department and the attendant loss of their jobs. Holbrook sued Village Manager Stephanie Dumas, alleging he was wrongfully discharged in violation of his right to freedom of speech. The district court dismissed the claim, holding that the speech related to personnel matters within the department, not a matter of public concern that would have enjoyed First Amendment protection. Finding no error, we affirm.

I

The relevant facts are largely undisputed. On July 22, 2014, Lincoln Heights Village Manager Stephanie Dumas received a letter from the Administrator of the Public Entities Pool of Ohio advising that the Village’s liability insurance coverage would be terminated effective October 2, 2014. R. 22-1, York Risk Pooling Letter, Page ID 213. Termination was due to the number óf claims made against the Village in the prior fourteen years and the amount of losses covered under the contract, totaling $1,282,815, which far exceeded the total premium contributions made by the Village during the same period, amounting to $692,920.

On July 25, 2014, Dumas met with Hol-brook in her office and discussed the possible cancellation of insurance coverage for the Village. R. 19-1, Holbrook Dep. at SOBS, Page ID 121; R. 20-1, Dumas Answers to Requests for Admissions . No. 5, Page ID 162. She told Holbrook that the Village would try to obtain other insurance, but implied that absent insurance, the Village would not be able to run the police and fire departments. R. 19-1, Holbrook Dep. at 34, Page ID 122.1 Later that day, Dumas e-mailed a copy of the notice of insurance cancellation to certain Village officials, including Holbrook, the Mayor, Police Chief, and elected Council members, saying simply she would “talk more on Monday.” R. 19-1 Ex. E, Dumas E-mail 7/25/14, Page ID 148. The next day, Holbrook forwarded the e-mail, with notice of insurance cancellation attached, to employees in his department with the following note:

PLEASE TAKE THE TIME TO READ THE ATTACHED LETTER!! IF THE VILLAGE DOES NOT FIND ANOTHER INSURANCE CARRIER, WE COULD POTENTIALLY BE OUT OF A JOB, PER THE CONVERSATION I HAD WITH MS. DUMAS ON FRIDAY 7/25/14.
PLEASE CALL ME OR EMAIL WITH ANY QUESTIONS. IF YOUR [sic] AVAILABLE ON MONDAY 7/28/14 AT 6:30PM, PLEASE COME TO THE COUNCIL MEETING!!
THANKS
Jonah W. Holbrook
Fire Chief

R. 19-1 Ex. E, Holbrook E-mail 7/26/14, Page ID 148 (emphasis in original).

The matter of insurance coverage came up at the regularly scheduled Village Council meeting Monday,'July 28, but the minutes show that it received little attention. Dumas announced that the Village’s current coverage was being terminated “due to' the number of law suits since 2000” despite “the changes and improvements we have made in the areas of public safety and hiring and firing of employees.” R.19-1 Ex. D, Minutes at 3, Page ID 142. She reported that the Village has until October 2, 2014 to “find another company that will cover us.” Id. The minutes do not reflect that any controversy ensued.

[282]*282On July 31, Holbrook posted the following message on his Facebook page:

To all of the current/past employees and those who support the fire department. As some of you may know, the fire department, police department and maintenance department are in jeopardy. Due to insurance related issues that were made public at last Monday’s (7/28) council meeting. Council has the meetings recorded by video and there is online access, but I do not know the site. As of now, there is a chance the departments will face even more severe issues, as of October 2nd, 2014 if they cannot find another insurance company.

R. 19-1 Ex B., Holbrook Answers to Dumas No. 4, Page ID 137. He also spoke about the subject with a friend or colleague who was the chief or assistant chief of a neighboring fire department. See R.19-1, Holbrook Dep. at-62, Page ID 129; R.19-1 Ex. B, Holbrook Answers to Dumas No. 2, Page ID 137; R. 22-8, Holbrook Aff. at ¶ 13, Page ID 237.

On August 5, Holbrook met with Dumas in her office. She asked whether he had forwarded the notice of insurance cancellation to fire department employees. When Holbrook freely admitted that he had, Dumas told him she would request an explanation in writing and would then be asking for his resignation. R. 22-8, Holbrook Aff. at ¶7, Page ID 236. Holbrook was surprised she was upset. R. 19-1, Holbrook Dep. at 44-45, Page ID 124. He thought she forwarded the information to him so that he, as Fire Chief, could alert the employees to the situation. Id. On August 8, Holbrook submitted his written answers to Dumas’s questions about how and with whom he had shared the insurance information. R. 19-1 Ex. B, Holbrook Answers, Page ID 137.

On August 12, Holbrook received a letter from Dumas by certified mail informing him that he was suspended, with pay, effective August 11. Dumas then notified him by telephone on August 15 that he was terminated. This was followed by a letter from Dumas dated August 26, 2014, setting forth the reasons for the termination. R. 19-1 Ex. F, Termination Letter, Page ID 152. Of the five reasons listed, three relate to Holbrook’s communications regarding the insurance situation: the July 26 text (e-mail) message to fire department employees, the Facebook posting, and the conversation with the chief of a neighboring fire department.2 The letter characterizes Holbrook’s conduct as “disruptive activity,” “insubordination,” “unauthorized disclosure,” and “unsatisfactory performance.” Id. Just over a month later, Holbrook commenced this action, filing a one-count complaint under 42 U.S.C. § 1983, alleging Dumas unlawfully retaliated against him for exercising his freedom to speak about an issue of public concern. R. 1, Complaint at 3, Page ID 3.

After completion of discovery and briefing on cross-motions for summary judgment, the district court granted Dumas’s motion and denied Holbrook’s. In an eighteen-page opinion, the district court explained why “the content and context of [Holbrook’s] email and Facebook post lead to the clear conclusion that he was speaking to his employees on a personnel issue, and not on a matter of public concern.” R. 29, Order at 15, Page ID 322. Further, the [283]*283court observed that even if Holbrook’s speech were deemed to relate to a matter of public concern, the Village’s interests in promoting efficiency in serving the public, and in promoting morale among and retaining employees, justified the infringement of Holbrook’s freedom of speech. Id. at 15-16, Page ID 322-23. Finally, the court noted that even if Holbrook’s speech were deemed protected and the infringement unjustified, Dumas would nonetheless be entitled to qualified immunity because the governing law has not clearly established “that Holbrook had a constitutional right to circulate an alarming email message to his employees, suggesting that they could soon lose their jobs.” Id. at 17, Page ID 324.

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658 F. App'x 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jonah-holbrook-v-stephanie-dumas-ca6-2016.