Madden v. Regional University System

73 F. Supp. 3d 1341, 2014 U.S. Dist. LEXIS 176988, 2014 WL 7365932
CourtDistrict Court, W.D. Oklahoma
DecidedDecember 24, 2014
DocketNo. CIV-13-0393-HE
StatusPublished

This text of 73 F. Supp. 3d 1341 (Madden v. Regional University System) is published on Counsel Stack Legal Research, covering District Court, W.D. Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Madden v. Regional University System, 73 F. Supp. 3d 1341, 2014 U.S. Dist. LEXIS 176988, 2014 WL 7365932 (W.D. Okla. 2014).

Opinion

ORDER

JOE HEATON, District Judge.

Plaintiff David Madden, formerly a nontenured professor at Northeastern State University (“NSU”), in Tahlequah, Oklahoma, brought this case against his former employer and supervisors pursuant to 42 U.S.C. § 1983. He initially asserted multiple constitutional claims arising from the non-renewal of his contract for the 2013-2014 academic year. Certain of his claims have been dismissed by prior orders of the court, and only plaintiffs First Amendment retaliation claims against defendants Cari Keller and Phillip Bridgmon, in their individual capacities, remain for resolution. Those defendants have moved for summary judgment on the remaining claims, arguing they are entitled to qualified immunity from them.

Under Fed.R.Civ.P. 56(a), summary judgment is appropriate “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” In applying this standard, a court views the evidence in the light most favorable to the party opposing summary judgment. Grynberg v. Total, S.A., 538 F.3d 1336, 1346 (10th Cir.2008).

“The doctrine of qualified immunity shields public officials ... from damages unless their conduct was unreasonable in light of clearly established law.” Elder v. Holloway, 510 U.S. 510, 512, 114 S.Ct. 1019, 127 L.Ed.2d 344 (1994). To rebut a defendant’s qualified immunity defense, a plaintiff must show (1) that the official violated a statutory or constitutional right, and (2) that the right was “clearly established” at the time of the challenged conduct. Ashcroft v. al-Kidd, 563 U.S. 731, 131 S.Ct. 2074, 2080, 179 L.Ed.2d 1149 (2011). When asserted on summary judgment, a court “must grant qualified immunity unless the plaintiff can show (1) a reasonable jury could find .facts supporting a violation of a constitutional right, which (2) was clearly established at the time of the defendant’s conduct.” Estate of Booker v. Gomez, 745 F.3d 405, 411 (10th Cir.2014). Either element may be considered first. Id. at 412.

As stated more fully below, the court concludes plaintiff has not made the necessary showing and that defendants are entitled to judgment based on qualified immunity.

Background

The bulk of the background facts are undisputed.1 Plaintiff was employed as a non-tenured assistant professor at NSU from 2009 until 2013. He taught in the [1344]*1344Criminal and Legal Studies Department, a division of the College of Liberal Arts. At the time of plaintiffs non-renewal, defendant Keller was the chair of NSU’s Criminal and Legal Studies Department, and defendant Bridgmon was the Dean of the College of Liberal Arts.

On February 10, 2013, Keller conducted an evaluation of plaintiff, concluded that he met or exceeded the various evaluation standards, and recommended that he be retained for another year. On February 17, 2013, Keller advised plaintiff that she had since received information as to his conduct, including allegations of contentious exchanges with a staff member and criticism of other faculty members. That led to a meeting on February 18, 2013, between Keller and plaintiff. The parties dispute exactly what was said at the meeting, but it is clear the meeting was contentious, with plaintiff at one point describing another faculty member hired by Keller as a “moron.” After consulting with Bridg-mon and others over the next several days, Keller changed her recommendation as to the retention of plaintiff. On February 24, 2013, she recommended to Bridgmon that plaintiff not be retained, relying on several incidents she viewed as reflecting unreasonable conduct in dealing with others and on other factors. On February 27, 2013, Dean Bridgmon advised plaintiff that he would not be retained for the succeeding year.

Plaintiffs contention here is that he was terminated in retaliation for comments he had made previously, contrary to his rights under the First Amendment. He relies on two instances of prior speech as the basis for the claimed retaliation.

The first such instance involved an opinion he had expressed approximately a year earlier as to interpretation of the faculty handbook, relating to the university’s anti-nepotism policy. It is undisputed that, on March 10, 2012, plaintiff received an email from another professor entitled “Interpretation of a passage in the faculty handbook.” 2 That professor asked if a quoted [1345]*1345passage from the handbook meant that “the university president would have to grant a waiver and notify the regents if the wife of the dean of a Northeastern college were hired as a member of a department within the dean’s college?” Plaintiff responded by agreeing with that interpretation and identifying other policies, state statutes, and ethics codes that might also be violated if the proper procedures were not followed. The other professor had sought the opinion based on questions he and others had related to the potential employment of Dean Bridgmon’s wife, a political science professor, by the university. As of that March date, Bridg-mon had been hired to serve as the Dean of the College of Liberal Arts, but had not yet assumed the position. While the potential employment of Bridgmon’s wife appears to have been a source of much discussion over the succeeding months, it is clear that the question posed to plaintiff, and his response, were directed to a hypothetical issue not identifying Bridgmon or any other person. It also appears that plaintiff did not know the background circumstances at the time he expressed his opinion. [Doc. # 96-4 p. 2].3

The second statement, or group of statements, involved plaintiffs discussions with other professors.4 The specifics of the statements are disputed, but it appears the discussions occurred in the period leading up to the 2012 election. There was some sort of hallway discussion between plaintiff and two other professors at the time of the Republican National Convention, which apparently included plaintiff or one of the other professors criticizing a third (Fitzgerald) for being “one of them,” i.e., a Republican. The discussion became contentious, prompting complaints by Fitzgerald at some point.5 During the same general period, there was another heated discussion involving plaintiff and Fitzgerald. This dispute arose at Fitzgerald’s home where, over wine and dominoes, plaintiff, Fitzgerald and others got into an argument over whether the disciplinary treatment of African-Americans was appropriate or not, whether Fitzgerald was or was not a “self-made man,” and whether plaintiff or someone else called Fitzgerald a racist, or referred to him as such. The specifics of the discussion are disputed, though it appears undisputed that the discussion was contentious and hot. The incident was mentioned by Keller in her non-renewal memo as suggesting a lack of collegiality on plaintiffs part.

Analysis

As noted above, plaintiffs remaining claims are for First Amendment retaliation.

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Related

Connick Ex Rel. Parish of Orleans v. Myers
461 U.S. 138 (Supreme Court, 1983)
Rankin v. McPherson
483 U.S. 378 (Supreme Court, 1987)
Anderson v. Creighton
483 U.S. 635 (Supreme Court, 1987)
Elder v. Holloway
510 U.S. 510 (Supreme Court, 1994)
Garcetti v. Ceballos
547 U.S. 410 (Supreme Court, 2006)
Bunger v. University of Oklahoma Board of Regents
95 F.3d 987 (Tenth Circuit, 1996)
Grynberg v. Total S.A.
538 F.3d 1336 (Tenth Circuit, 2008)
Clark v. Wilson
625 F.3d 686 (Tenth Circuit, 2010)
Morris v. City of Colorado Springs
666 F.3d 654 (Tenth Circuit, 2012)
Estate of Marvin L. Booker v. Gomez
745 F.3d 405 (Tenth Circuit, 2014)
Lane v. Franks
134 S. Ct. 2369 (Supreme Court, 2014)
Ashcroft v. al-Kidd
179 L. Ed. 2d 1149 (Supreme Court, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
73 F. Supp. 3d 1341, 2014 U.S. Dist. LEXIS 176988, 2014 WL 7365932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/madden-v-regional-university-system-okwd-2014.