McCrary v. Knox County

200 F. Supp. 3d 782, 2016 U.S. Dist. LEXIS 102373, 2016 WL 4140982
CourtDistrict Court, S.D. Indiana
DecidedAugust 4, 2016
DocketNo. 2:16-cv-00095-JMS-DKL
StatusPublished
Cited by2 cases

This text of 200 F. Supp. 3d 782 (McCrary v. Knox County) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCrary v. Knox County, 200 F. Supp. 3d 782, 2016 U.S. Dist. LEXIS 102373, 2016 WL 4140982 (S.D. Ind. 2016).

Opinion

ORDER

Hon. Jane Magnus-Stinson, United States District Judge

Presently pending before the Court in this action brought under the False Claims Act, 31 U.S.C. § 3729, et seq. (“FCA”) and the First Amendment to the United States Constitution, is Defendants’ Motion to Dismiss Plaintiff Zane E. McCrary’s Complaint. [Filing No. 11.] For the reasons detailed herein, the Court grants Defendants’ Motion to Dismiss. [Filing No. 11.]

I.

Standard of Review

Federal Rule of Civil Procedure 8(a)(2) “requires only ‘a short and plain statement of the claim showing that the pleader is entitled to relief.’ ” Erickson v. Pardus, 551 U.S. 89, 93, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007) (quoting Fed. R. Civ. P. 8(a)(2)). “Specific facts are not necessary, the statement need only ‘give the defendant fair notice of what the... claim is and the grounds upon which it rests.’ ” Erickson, 551 U.S. at 93, 127 S.Ct. 2197 (quoting Bell Atlantic v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)).1

[787]*787To survive a motion to dismiss under Rule 12(b)(6), “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Twombly, 550 U.S. at 570, 127 S.Ct. 1955). In reviewing the sufficiency of a complaint, the Court must accept all well-pled facts as true and draw all permissible inferences in favor of the plaintiff. See Active Disposal, Inc. v. City of Darien, 635 F.3d 883, 886 (7th Cir.2011). The Court will not accept legal conclusions or conclusory allegations as sufficient to state a claim for relief. See McCauley v. City of Chicago, 671 F.3d 611, 617 (7th Cir.2011). Factual allegations must plausibly state an entitlement to relief “to a degree that rises above the speculative level.” Munson v. Gaetz, 673 F.3d 630, 633 (7th Cir.2012). This plausibility determination is “a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.” Id.

II.

Relevant Background

Consistent with the applicable standard of review set forth above, the following relevant factual allegations from Mr. McCrary’s Complaint, [Filing No. 1], are taken as true for purposes of addressing the pending motion.

Mr. McCrary began working for the Knox County Highway Department in October of 2010. [Filing No. 1 at 1.] During the time relevant to this litigation, he held the position of “Operator,” [Filing No. 1 at 2], and his “ordinary job responsibilities involved road construction work,” [Filing No. 1 at 9], Knox County receives funds from the federal government and the State of Indiana that are “specifically designated and dedicated for use by the Knox County Highway Department.. .for road repair, road construction, bridge repair, bridge construction and purchase of equipment and materials by the Knox County Highway Department.” [Filing No. 1 at 4.]

On August 31, 2015, Mr. McCrary had been performing work on a county road when he was visited in person by his supervisor, Jerry Haggard. [Filing No. 1 at 2.] Mr. Haggard instructed Mr. McCrary to use his truck to grade a side road in Johnson Township. [Filing No. 1 at 2.] Mr. McCrary objected to this assignment, stating that he believed the road was not a county road, and he showed Mr. Haggard that the road in question was not depicted on the county map. [Filing No. 1 at 2.] Mr. McCrary told Mr. Haggard that the road was used by Defendant Knox County Commissioner Larry Holscher for his own private farming purposes. [Filing No. 1 at 2.] Mr. Haggard told Mr. McCrary that “Well Larry said do it,” and instructed him to complete the work. [Filing No. 1 at 2.]

Mr. McCrary followed Mr. Haggard’s instruction and graded the road. [Filing No. 1 at 2.] He used equipment belonging to Knox County to complete the job, and was paid by Knox County for the hour and a half he spent on this task. [Filing No. 1 at 2.] At the end of the work day, Mr. McCrary filled out a Knox County Highway Department timesheet, on which he described the grading work he had done. [Filing No. 1 at 2.] On‘that sheet, Mr. [788]*788McCrary noted the road was graded for “Larry,” that “Jerry said do it,” and that the road was “not on map” and “not county’s.” [Filing No. 1 at 2.]

On September 22, 2015, Mr. McCrary was called to a meeting with Knox County Highway Department Superintendent Donny Mize and Commissioner Holscher to discuss the comments he had written on the timesheet. [Filing No. 1 at 2-3.] Regarding these statements, Commissioner Holscher said, “If this gets in the wrong hands, we can be in trouble.” [Filing No. 1 at 3.] Mr. McCrary was suspended without pay for five days. [Filing No. 1 at 3.] The written suspension form he received stated that he was being suspended for making “false accusations against supervisor and commissioner about existing county road.” [Filing No. 1 at 3.]

Following his five-day suspension, Mr. McCrary was not allowed to return to work. [Filing No. 1 at 3.] On or about October 7, 2015, Mr. McCrary was asked to attend a meeting with Commissioner Holscher, Defendant Donnie Halter (a Knox County Commissioner), Defendant Rowe Sergeant (a Knox County Commissioner), Superintendent Mize, and two Knox County Sheriffs Deputies at the Knox County Highway Department Office. [Filing No. 1 at 3.] Commissioner Holscher, speaking for the group, asked Mr. McCrary to explain what he had written on his timesheet. [Filing No. 1 at 3.] After telling his side of the story, Mr. McCrary was asked to leave the room-so that the group could discuss the situation, and when he was brought back in, he was informed that he could resign from his position or he would be terminated. [Filing No. 1 at 3.] He refused to resign. [Filing No. 1 at 3.] Two to three days later, Mr. McCrary received a phone call from the Highway Department secretary asking that he return his work uniforms. [Filing No. 1 at 3.] When Mr. McCrary went to the Highway Department office to do so, he was given a written- notice of termination. [Filing No. 1 at 3.]

Mr. McCrary initiated this action on March 15, 2016, asserting: (1) a claim under the whistleblower provision of the FCA, 31 U.S.C. § 3730(h); (2) a claim under the whistleblower provision of the Indiana False Claims Act, I.C. 5-11-5.5-8 (“Indiana FCA”); (3) a claim for retaliation in violation of the First Amendment under 42 U.S.C. § 1983; and (4) a claim for tor-tious interference with a contractual relationship under Indiana law. [Filing No.

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200 F. Supp. 3d 782, 2016 U.S. Dist. LEXIS 102373, 2016 WL 4140982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccrary-v-knox-county-insd-2016.