Knopf v. Williams

884 F.3d 939
CourtCourt of Appeals for the Tenth Circuit
DecidedMarch 5, 2018
Docket17-8025
StatusPublished
Cited by100 cases

This text of 884 F.3d 939 (Knopf v. Williams) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knopf v. Williams, 884 F.3d 939 (10th Cir. 2018).

Opinions

MATHESON, Circuit Judge.

Paul E. Knopf, the former Director of the Planning and Development Department ("City Planner") in Evanston, Wyoming ("City"), sued Mayor Kent Williams under 42 U.S.C. § 1983. Mr. Knopf alleged that Mayor Williams retaliated against him for exercising his First Amendment rights. He claimed Mayor Williams did not reappoint him to his position as City Planner because he had sent an email to the City Attorney raising concerns about impropriety relating to a City project.

In federal district court, Mayor Williams moved for summary judgment based on qualified immunity, which the court denied. In this interlocutory appeal, he asks us to reverse the district court's denial. This court has jurisdiction under 28 U.S.C. § 1291.

Because this opinion and Judge Briscoe's concurrence conclude that Mr. Knopf has failed to show a violation of clearly established federal law on an essential element of his claim, this court reverses the district court's denial of qualified immunity to Mayor Williams.

I. BACKGROUND

A. Factual History

1. Mr. Knopf's Position as City Planner

Mr. Knopf began working for the City in 1985 in the Planning and Development Department ("Department"). He was appointed to the position of City Planner in 1987. His job as City Planner included the following responsibilities:

1. Managing the Department, which consisted of the associate city planner and an administrative assistant.
2. Addressing citizen inquiries concerning fencing and building permits and responding to development requests.
3. Preparing for planning and zoning commission meetings and hearings.
4. Preparing conditional-use permit reports, variances, zone changes, and amendments for planning commission consideration.
5. Collaborate in crafting site plans for various city projects.1
*9426. Representing the Department to other City departments in explaining its programs and in resolving sensitive, significant, and controversial issues.
7. Coordinating activities with other departments and outside agencies and organizations.
8. Ensuring compliance with codes and regulations related to planning and development matters.2

2. Mr. Knopf's Involvement in the Bear River Project

One of the Department's projects was the Bear River Project ("Project"), which aimed to develop a public greenway along the Bear River over a series of phases laid out in the BEAR Project Master Plan ("Master Plan"). In 1983, before Mr. Knopf's arrival, the Department identified various locations for development, including the area along the Bear River. In 1987, after joining the Department, Mr. Knopf began to develop the Master Plan, planning out the Project's sub-projects (or "phases"). The Project's main goals were to establish and maintain a public greenway for recreation, water conservation, flood control, reclamation, rehabilitation, and wildlife resources preservation.

As part of the Project, Mr. Knopf started a citizens committee that would provide input about the greenway's development. The committee eventually incorporated as the nonprofit BEAR Project, Inc. ("Non-Profit"), and played a major role in planning and executing the Project even though the Non-Profit was unaffiliated with the City. The Non-Profit worked on the Master Plan with Mr. Knopf, raised money, sought private and public partners, oversaw the Project's execution, and coordinated the stakeholders.

The Project involved many phases and many participants over three decades. In addition to the Department and the Non-Profit, private groups-including a private engineering firm and its contractors and sub-contractors-and other City department employees-including the Parks and Recreation Director and the City Engineer-have participated in planning and executing the Master Plan.

Although the Project involved multiple phases of development, only one is at issue here-the Meadows Project. Mr. Knopf and his Department's role in the Meadows Project differed from the other phases, such as the Bear Paw Trailhead Project and the Greenway Entryway Project, which preceded the Meadows Project. The Non-Profit coordinated the parties in these three phases, reporting to the City with any issues or concerns. The Department was involved in the planning of all three phases, developing the site plan, attending meetings with other parties, and advising them about the three phases' place in the overall Master Plan.

Mr. Knopf, as the department head, also acted as the point person between the City and the private groups (i.e. the Non-Profit and the private engineering firm), but only for the first two phases-not for the Meadows Project. The Department facilitated communication between the parties and coordinated project reviews, payments, and orders, passing them along to the City, for the first two projects. But for the Meadows Project, Brian Honey, the City Engineer, was the point person.

3. Mr. Knopf's Email Concerning the Meadows Project and his Dismissal

Disagreement arose over the Meadows Project in October 2015. T-Bar, a subcontractor *943for irrigation, topsoil, and sod, requested $22,300 more than the originally budgeted amount for topsoil. The private engineering firm's project engineer, Brent Sanders, recommended denying T-Bar's request because he believed T-Bar performed substandard work and had improperly calculated its costs. But Mr. Honey, the City Engineer and the City's point person on the Meadows Project, recommended fulfilling T-Bar's request. Mr. Sanders became increasingly concerned about possible collusion among Mr. Honey, Mayor Williams, and City Councilman Tom Welling, whose brother-in-law owned T-Bar.

Mr. Knopf learned of the dispute from Mr. Sanders and from a public City Council meeting. On October 7, 2015, Mr. Knopf emailed the City Attorney, Dennis Boal, with his concerns. He believed that Mr. Honey's friendship with the owner of T-Bar was "clouding [Mr. Honey's] better judgment." ROA, Vol. I at 15. Further, he stated that Mr. Honey was impeding Mr. Sanders's ability to perform his duties as the project engineer. Mr. Knopf did not receive a response from Mr. Boal.

On December 11, 2015, Mayor Williams met with Mr. Knopf. Mr. Knopf expressed his concerns about Mr. Honey and the Meadows Project and told the Mayor about his October 7 email to Mr. Boal. On January 4, 2016, Mayor Williams again met with Mr. Knopf and informed Mr. Knopf that he would not be reappointing him as City Planner. Mayor Williams said Mr. Knopf's email to the City Attorney was unacceptable and that he had lost confidence and trust in him.

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Cite This Page — Counsel Stack

Bluebook (online)
884 F.3d 939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knopf-v-williams-ca10-2018.