Lawson v. Gault

63 F. Supp. 3d 584, 2014 U.S. Dist. LEXIS 160796, 2014 WL 6460598
CourtDistrict Court, D. South Carolina
DecidedNovember 17, 2014
DocketCivil Action No. 7:13-1050-TMC
StatusPublished
Cited by4 cases

This text of 63 F. Supp. 3d 584 (Lawson v. Gault) is published on Counsel Stack Legal Research, covering District Court, D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lawson v. Gault, 63 F. Supp. 3d 584, 2014 U.S. Dist. LEXIS 160796, 2014 WL 6460598 (D.S.C. 2014).

Opinion

ORDER

TIMOTHY M. CAIN, District Judge. .

The plaintiff, Melanie Lawson (“Lawson”), brought this action against her former employer, William F. “Freddie” Gault (“Gault”), the Union County Clerk of Court, in his individual and official capacities, pursuant to 42 U.S.C. § 1983. This matter is before the court on the defendants’ motion for summary judgment- or, in the alternative, to dismiss (ECF No. 26). The parties have fully briefed that motion (ECF Nos. 31, 32), and the court heard oral argument regarding the relevant issues on May 15, 2014.

The court issued its order in this case on August 14, 2014. (ECF No. 37). Thereafter, the defendants moved for this court to reconsider its order. (ECF No. 39). The parties fully briefed the motion to reconsider the opinion, and the court heard oral arguments on October 30, 2014. The court grants the motion to reconsider, and issues this order, which supersedes the court’s order dated August 14, 2014.

BACKGROUND

The following is a summary of facts as ' stipulated to by the parties (see ECF No. 25) and gleaned from the record. From 1992 until November 14, 2012, Lawson was employed by the Union County Clerk of Court. In 2009, the Governor appointed Gault as clerk of court, following the former clerk’s resignation. At the time Gault was appointed, Lawson was a senior employee in the Family Court/Child Support division of the clerk’s office. Shortly after his appointment, Gault hired a part-time employee to conduct bank reconciliations and formally appointed several staff members, including Lawson, to serve as deputy clerks of court. With the additional hire, the clerk’s office had a full-time staff of ten and a part-time staff of one. However, in Union County, Lawson and three other employees worked in a building known as “the annex,” separate and apart from Gault’s office located in the courthouse. {See Gault dep., ECF No. 26-4, p. 4.)

In March 2012, Lawson informed Gault that she intended to run in the June 2012 democratic primary for the office of Union County Clerk of Court. On March 30, 2012, after Lawson paid her filing fee and registered to run, Gault placed her on unpaid leave of absence. Lawson spent the next several months campaigning, touting her decades of experience and other qualifications. Throughout this period, Lawson did not involve anyone in the clerk’s office in her campaign efforts. In the November 2012 general election, Lawson ran as a petition candidate against Gault, the Republican candidate, for Union County Clerk of Court. Gault won the election.

• After the election, Gault asked to speak with Lawson. And, on November 14, 2012, Lawson met with Gault, who informed her that, in the best interest of the office, he was terminating her employment.

LEGAL STANDARD

Summary judgment is appropriate if, after reviewing the entire record in a case, the court is satisfied that no genuine issues of material fact exist and that the movant is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a). An issue of fact is “genuine” if the evidence is such that a reasonable jury could return a verdict for the plaintiff. Anderson v. Lib[587]*587erty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Issues of fact are “material” only if establishment of such facts might affect the outcome of the lawsuit under the governing substantive law. Id.

DISCUSSION

In moving for summary judgment, Gault asserts that (1) Lawson has failed to identify a constitutional right on which to base her § 1983 claim; (2) if Lawson has stated a cognizable constitutional violation, the right was not clearly established at the time of the violation and Gault is entitled to qualified immunity as to all claims against him in his individual capacity; and (3) Gault is entitled to Eleventh Amendment immunity as to all claims against him in his official capacity.

The First Amendment protects freedom of speech, freedom of association, and “the right to be free from retaliation by a public official for the exercise of [those] right[s].” Suarez Corp. Indus. v. McGraw, 202 F.3d 676, 685 (4th Cir.2000). “Although government employees do not forfeit their constitutional rights at work, it is well established ‘that the government may impose certain restraints on its employees’ speech and take action against them that would be unconstitutional if applied to the general public.’ ” Bland v. Roberts, 730 F.3d 368, 373 (4th Cir.2013) (quoting Adams v. Trustees of the Univ. of N.C.-Wilmington, 640 F.3d 550, 560 (4th Cir.2011)). Importantly, public officers and employees do not have a First Amendment right to simultaneously run for elective office and maintain public employment. See Clements v. Fashing, 457 U.S. 957, 102 S.Ct. 2836, 73 L.Ed.2d 508 (1982); Broadrick v. Oklahoma, 413 U.S. 601, 93 S.Ct. 2908, 37 L.Ed.2d 830 (1973); U.S. Civil Svc. Comm’n v. Nat’l Ass’n of Letter Carriers, 413 U.S. 548, 93 S.Ct. 2880, 37 L.Ed.2d 796 (1973).

Courts utilize two primary frameworks for analyzing a public employee’s termination for exercising a First Amendment right. If a public employee is terminated for speaking as a private citizen on a matter of public concern, then the court balances that employee’s right against any government interest in efficient operation. See Connick v. Myers, 461 U.S. 138, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983); Pickering v. Bd. of Educ., 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968); McVey v. Stacy, 157 F.3d 271 (4th Cir.1998). And, if a public employee is terminated for her political beliefs or affiliation, the court turns to the principles established in Elrod v. Burns, 427 U.S. 347, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976), and Branti v. Finkel, 445 U.S. 507, 100 S.Ct. 1287, 63 L.Ed.2d 574 (1980). Under Elrod and Branti an employer may not fire a public employee solely because of the employee’s political affiliation,' unless that employee occupies a policymaking position.

There is some debate between the parties over the exact First Amendment right Lawson is asserting. In her second amended complaint, Lawson alleges that Gault “terminated [her] from her employment because of her exercise of her right to run for public office thereby violating [Lawson’s] First Amendment rights.” (ECF No.

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Melanie Lawson v. Union County Clerk of Court
828 F.3d 239 (Fourth Circuit, 2016)

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Bluebook (online)
63 F. Supp. 3d 584, 2014 U.S. Dist. LEXIS 160796, 2014 WL 6460598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawson-v-gault-scd-2014.