Medlin v. City of Algood

355 F. Supp. 3d 707
CourtDistrict Court, M.D. Tennessee
DecidedJanuary 16, 2019
DocketNo. 2:17-cv-0080
StatusPublished
Cited by9 cases

This text of 355 F. Supp. 3d 707 (Medlin v. City of Algood) is published on Counsel Stack Legal Research, covering District Court, M.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Medlin v. City of Algood, 355 F. Supp. 3d 707 (M.D. Tenn. 2019).

Opinion

WAVERLY D. CRENSHAW, JR., CHIEF UNITED STATES DISTRICT JUDGE

Justin Medlin filed this lawsuit asserting both federal and state law violations after he was terminated from his position as a City of Algood, Tennessee police officer. Now before the Court is former Mayor Scott Bilbrey's Motion for Judgment on the Pleadings (Doc. No. 30). That Motion has been fully briefed by the parties (Doc. Nos. 31, 36, 38) and, for the reasons that follow, will be granted.

I. Factual Allegations

The Complaint contains the following relevant allegations:

Medlin was an Algood police detective when he was constructively discharged in 2017. At the time, Bilbrey was Mayor, Gary Harris was the Police Chief, and Keith Morrison was the City Manager. (Doc. No. 1, Complaint ¶¶ 11, 12).

Algood's City Charter places its governance in the hands of the City Council. The City Council consists of the Mayor, Vice-Mayor and three Council Members. That body has promulgated handbooks governing city employees, along with employment policies and procedures relating to the hiring, discipline, and termination of city employees. By way of a handbook, employees are provided certain procedural rights, including notice and the opportunity to contest adverse employment decisions. They are also given the right to appeal, first to the City Manager, and then to the City Council as a whole. (Id. ¶¶ 14-16).

In January of 2017, Medlin was placed on administrative leave by Chief Harris pending an investigation into the alleged misuse of a city-issued cell phone. That use allegedly included the exchange of explicit messages, digital images, and/or video recordings. Although Chief Harris told Medlin that a third-party complaint about the misuse of the cell phone had been received, Medlin never saw that complaint. Nor was Medlin ever provided any statement or notice of the express allegations lodged against him, or the actual basis for being placed on leave. (Id. ¶ 17). Nevertheless, Medlin was required to surrender his firearm, and turn over his cell phone. (Id. ).

According to Medlin, "it has now come to light" that Chief Harris "was plotting to terminate or force Mr. Medlin to resign from his position from the Algood Police *712Department as far back as the time period [when] Chief Harris was acting or temporary chief and was under consideration for the permanent position." (Id. ¶¶ 12, 18).1 Moreover, "recent information received by the general public," shows that Chief Harris believed Medlin "wielded too much influence with the Algood City Council," and that "Medlin was a hindrance to his [Chief Harris's] growing political power within city government." (Id. ¶ 18). This was so, even though Medlin had actually supported then-Assistant Chief Harris's bid to become police chief. Medlin also alleges that Chief Harris "was working both sides of the political fence to foment dissention [sic] between Mr. Medlin and Defendant Keith Morrison," and "was also actively attempting to destroy Mr. Medlin's character to erode his perceived influence over the city council." (Id. ).

While on administrative leave, Medlin was provided no further information about the investigation into the alleged misuse of the city issued cell phone. Nevertheless, on February 2, 2017, he was told there would be a formal hearing the following day to consider his termination. No advance notice was given as to "what was to be the subject matter of the hearing or the evidence that would be presented." (Id. ¶ 19). In fact, at this point, Medlin had still not received formal notice that he had been placed on administrative leave.

Medlin retained counsel who was "expressly advised" by the City Attorney "that while there could be a brief continuance, the city would seek a hearing very quickly to consider the Plaintiff's fate." (Id. ¶ 22). The following then occurred:

[O]ne day before the hearing was scheduled, the city attorney delivered documents [to Medlin's] attorney which would to be introduced or utilized in the administrative hearing. Moreover the city attorney advised that he had the authority to sit as the administrative judge in lieu of the city manager to consider the issue of the Plaintiff's employment. It was made expressly clear that it was the opinion of city officials that Mr. Medlin had violated city policy and he should be terminated. It was also made clear that it did not matter who would sit in judgment of Mr. Medlin, and that he would be terminated from his position.
* * *
[W]ith the knowledge that any administrative hearing would be fruitless, Mr. Medlin had no choice but to resign his position in an attempt to retain some financial benefits. It was not implied, but expressly stated in the meeting leading up to the hearing that the Plaintiff's fate was sealed and he was going to be fired. In addition, there was almost no time to prepare for a hearing in consideration of all the documents that were provided less than 24 hours prior to the hearing. Mr. Medlin submitted his resignation on February 10, 2017.

(Id. ¶¶ 22, 25). Medlin resigned as an Algood police officer on February 10, 2017. (Id. ¶ 25).

After Medlin's resignation, "it was revealed that [Chief] Harris made a series of audio and video recordings of his conversations with various city employees and/or officials," including Medlin. (Id. 27). It was also "revealed that [Chief] Harris had sought to defame and destroy Mr. Medlin in an effort to have him either resign or be terminated from the Algood police force." (Id. ). Towards that end, Chief Harris "actively *713recruited other officers and officials to assist him in carrying out his plot, which included pitting the Plaintiff against other city employees and/or officials" because Chief Harris "was very concerned about Mr. Medlin's influence with the city council[.]" (Id. ).

Also after Medlin's resignation, Mayor Bilbrey invited members of the local press, the Nashville news stations, and members of the public to a press conference. According to Medlin:

At this press conference, Defendant Bilbrey announced the "findings" of the city's investigation and publically called out Mr. Medlin. Some of the information disclosed by Mayor Bilbrey was exaggerated, and some of the information contained outright falsehoods. Regardless, Defendant Bilbrey had no reason to hold a public press conference, which was designed solely to demean and attack Mr. Medlin and, ultimately, hinder his chances of future employment. The Plaintiff would submit none of the information gained from the city investigation involved a city matter or matter of public concern. It was merely private communications between him and third parties. At one point, Defendant Bilbrey declared the Plaintiff "quit" before he could be fired by the mayor. The mayor has no authority to terminate employees of the city under the city charter, but that did not stop him from implying he could do so, and would have done so if given the opportunity.

(Id. 28).

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355 F. Supp. 3d 707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medlin-v-city-of-algood-tnmd-2019.