Knight v. Vernon

214 F.3d 544, 141 Lab. Cas. (CCH) 58,940
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 2, 2000
Docket98-2514
StatusPublished
Cited by49 cases

This text of 214 F.3d 544 (Knight v. Vernon) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knight v. Vernon, 214 F.3d 544, 141 Lab. Cas. (CCH) 58,940 (4th Cir. 2000).

Opinions

Affirmed in part, reversed in part, and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Senior Judge MAGILL joined. Judge WIDENER wrote a separate opinion, concurring in part and dissenting in part.

OPINION

MICHAEL, Circuit Judge:

This is a political firing case. Kathy Knight, a jailer in Rockingham County, North Carolina, claims the sheriff fired her for political disloyalty. She sued the sheriff (in his individual and official capacities) and the county under 42 U.S.C. § 1983, alleging that her First Amendment and due process rights were violated. The complaint also included claims under the North Carolina Constitution and common law. The district court ruled against Ms. Knight on the federal claims, granting summary judgment to the sheriff and the county. It then dismissed the state law claims, declining to exercise supplemental jurisdiction. We reverse the award of summary judgment to the defendants on the First Amendment claim because political allegiance is not an appropriate job requirement for a jailer. We affirm the award of summary judgment to the county on the federal claims because the sheriff was not acting for the county when he fired Ms. Knight. We also affirm the summary judgment for the sheriff on the federal due process claim because Ms. Knight did not have a property interest in her job. Accordingly, the case is remanded for trial on the First Amendment claim against the sheriff and for reinstatement of the state law claims.

I.

The facts about Ms. Knight’s job duties as a jailer are not disputed. The other facts are recited, and some justifiable inferences are drawn, in favor of Ms. Knight, the nonmovant in the summary judgment proceedings. See Anderson v. Liberty Lobby, 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

Sheriffs run the county jails in North Carolina. In September 1989 the Rock-ingham County Sheriff, C.D. Vernon, hired Kathy Knight as a Jailer I. At the job interview Sheriff Vernon, who was a Democrat, stressed the importance of Ms. [546]*546Knight’s political loyalty to him. The sheriff told her, “When it comes time to vote, make sure you vote for who signs your check.” The sheriff added that he “ha[d] ways of finding out” how his employees voted.

As a jailer Ms. Knight did not take an oath of office like a deputy sheriff, who is a sworn law enforcement officer. Nor did Ms. Knight receive the extensive training required for sworn deputies. She did not have a written contract, a fixed term of employment, or civil service job protection. Shortly after beginning her job, she was given a copy of the Rockingham County employee handbook. The handbook included discipline and grievance procedures.

As a jailer Ms. Knight was responsible for the processing, supervision and care, and transportation of inmates. Ms. Knight’s processing duties included fingerprinting new inmates, obtaining their personal data (addresses, next of kin, etc.), marking and storing their personal belongings, routing them for physical examinations, and arranging for their initial baths and changes into clean clothing. Ms. Knight’s daily supervision and care duties involved monitoring inmates every half hour, distributing and logging their medications and supplies, serving them food, and managing their visitors. Occasionally, Ms. Knight filled in as a cook when help was short in the jail’s kitchen. Finally, Ms. Knight assisted in transporting inmates to prisons and medical facilities.

Sheriff Vernon acknowledged that Ms. Knight’s position (Jailer I or II) was “the lowest level ... in the jail.” Ms. Knight reported to her shift supervisor, who in turn reported to the assistant chief jailer. The assistant chief jailer answered to the chief jailer, a captain who was responsible for one of three departments in the sheriffs office. In this hierarchy, only the captain (and chief jailer) reported to Sheriff Vernon, and the sheriff dealt with this captain on matters of jail policy and management. Sheriff Vernon admitted that he never met with Ms. Knight to consider any decision about the operation of the jail.

During her time as a jailer Ms. Knight received consistently positive performance evaluations. She was commended on several occasions for her levelheaded responses to emergencies, particularly in one hostage situation. After several years Ms. Knight was promoted to the position of Jailer II. The promotion brought no changes in her job duties, however.

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Cite This Page — Counsel Stack

Bluebook (online)
214 F.3d 544, 141 Lab. Cas. (CCH) 58,940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knight-v-vernon-ca4-2000.