Laidley v. McClain

914 F.2d 1386, 1990 WL 130818
Court of Appeals for the Tenth Circuit·Decided September 13, 1990·No. No. 89-5016·Published·Cited by 85 cases

Opinion

WESLEY E. BROWN, Senior District Judge.

The plaintiffs in this action were employees in the district attorney’s office in District No. 24 in Oklahoma. In 1986, the defendant Lantz McClain was elected district attorney in that district. Upon taking office, Mr. McClain told the plaintiffs that he did not intend to retain them as employees. The plaintiffs, who had supported Mr. McClain’s opponent in the district attorney primary election, filed this action under 42 U.S.C. § 1983, alleging that the defendants had violated their First Amendment rights of free speech and association by terminating their employment. Additionally, plaintiffs alleged a § 1983 claim for deprivation of a property interest without due process of law and they asserted various pendant state claims.

The district court granted the defendants’ motions for summary judgment on the § 1983 claims and dismissed the plaintiff’s pendant state claims. The district court stated that there was no evidence to support a finding that the plaintiffs were discharged because of their political activities. Plaintiffs challenge this ruling on appeal. For the reasons set forth herein, we find that we have no jurisdiction over the appeals of plaintiffs Bettye Redding, Cindy Thulin, and Renee Waisner. Accordingly, those appeals will be dismissed. We have jurisdiction to consider the appeal of Wilma Laidley. Our review of the record shows that plaintiff Laidley has raised a genuine issue of material fact as to whether she was terminated by Mr. McClain because of her political activities. We therefore reverse the district court insofar as it granted summary judgment in favor of McClain individually against plaintiff Laid-ley.

I. Jurisdiction.

The court requested briefing by the parties as to whether the notice of appeal filed in this case was sufficient to confer appellate jurisdiction over all of the plaintiffs or only over the plaintiff Laidley. This question was raised in light of Torres v. Oakland Scavenger Company, 487 U.S. 312, 108 S.Ct. 2405, 101 L.Ed.2d 285 (1988), in which the Supreme Court held that the failure to specify a party in the notice of appeal constituted a jurisdictional bar to that party’s appeal. The notice of appeal filed in the instant case specifically named only plaintiff Wilma Laidley.1

We find that Torres controls the fate of the plaintiffs other than Wilma Laidley. Thus, the appeals of Bettye Redding, Cindy Thulin, and Renee Waisner (hereinafter referred to collectively as “plaintiffs”) must be dismissed for lack of jurisdiction. In Torres, the court noted that Federal Rule of Appellate Procedure 3(c) provides in part that “[t]he notice of appeal shall specify the party or parties taking the appeal....” Although Rule 3(c) also provides that an appeal shall not be dismissed for informality of the form or title of the notice of appeal, this provision does not aid the plain[1389] tiffs’ cause. The failure to name a party in the notice of appeal is more than an excusable informality; it constitutes a failure of that party to appeal. Torres, at 315, 108 S.Ct. at 2408, 101 L.Ed.2d at 290. The Supreme Court made clear that the specificity requirement of Rule 3(c) is a jurisdictional threshold that cannot be waived by a court. Id. In this context, it is important to keep in mind that under Article III of the Constitution this court has only such jurisdiction as is granted to it by Congress. The Supreme Court recognized that construing Rule 3(c) as a jurisdictional prerequisite could lead to harsh results, but concluded that this harshness was imposed by the legislature and not by the judicial process. Id., at 318, 108 S.Ct. at 2409, 101 L.Ed.2d at 292.

The plaintiffs make several arguments as to why Torres should not apply in this case, but these arguments are of no avail. Plaintiffs first contend that the use of “et al.” and the reference to “plaintiffs” in the notice of appeal were sufficient to satisfy Rule 3(c). We cannot agree. The Supreme Court flatly stated that the use of the phrase “et al.” utterly fails to provide notice of the identity of the appellants. Torres, at 318, 108 S.Ct. at 2409, 101 L.Ed.2d at 292. Moreover, we agree with those courts that have found that the designation of unnamed appellants simply as “plaintiffs” does not meet the standard of Rule 3(c). See e.g., Minority Employees v. Tennessee Department of Employment Security, 901 F.2d 1327 (6th Cir.1990) (en banc); Rosario-Torres v. Hernandez-Colon, 889 F.2d 314, 317 (1st Cir.1989) (en banc). The specificity requirement of Rule 3(c) is met only by some designation that gives fair notice of the specific individual or entity seeking to appeal. Torres, 487 U.S. at 318, 108 S.Ct. at 2409, 101 L.Ed.2d at 292.

Although a statement that “plaintiffs hereby appeal,” when combined with an “et al.” designation of some of the plaintiffs, could be interpreted to mean that all of the plaintiffs intend to appeal, it could also be understood as designating less than all of the plaintiffs as appellants. Clearly, the specificity requirement of Rule 3(c) was intended to eliminate ambiguity as to the identity of the appellants. Cf. Minority Employees, 901 F.2d at 1336 (“Any ambiguity will defeat the notice.”) and In re Woosley, 855 F.2d 687 (10th Cir.1988) (“The Supreme Court answered the question whether to require strict compliance with the rule in Torres_”). Thus, the failure to specifically designate a party somewhere in the notice of appeal is a jurisdictional bar to that party’s appeal. Cf. Tri-Crown, Inc. v. American Federal Savings & Loan, 908 F.2d 578 (10th Cir.1990) (Naming appellant in the caption of the notice of appeal is sufficient).

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