Morris v. McKeever

655 F. Supp. 388, 1987 U.S. Dist. LEXIS 3530
CourtDistrict Court, W.D. Virginia
DecidedMarch 10, 1987
DocketCiv. A. No. 86-0354-R
StatusPublished

This text of 655 F. Supp. 388 (Morris v. McKeever) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morris v. McKeever, 655 F. Supp. 388, 1987 U.S. Dist. LEXIS 3530 (W.D. Va. 1987).

Opinion

MEMORANDUM OPINION

TURK, Chief Judge.

Plaintiff brought this action pursuant to 42 U.S.C. § 1983 alleging that the defendants violated his constitutional rights to procedural due process when they dismissed him from the police department of the Town of Pulaski, Virginia. The defendants have moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The court finds that the plaintiff has failed to allege a procedural due process violation and therefore grants summary judgment in favor of the defendant.

[389]*389BACKGROUND

Like so many cases brought under section 1983, this lawsuit arises out of an incident of alleged police misconduct. See, e.g., Street v. Cherba, 662 F.2d 1037 (4th Cir.1981). It is unique, however, in that it is the police officer, not the victim, who seeks relief under the civil rights laws.

On June 23, 1985-the plaintiff, Melvin Morris, III, a police officer in the Town of Pulaski, Virginia arrested James Stewart, Sr. for public drunkenness. Stewart resisted arrest and a scuffle ensued. From the time Morris tried to place Stewart into a patrol car until the time Morris brought Stewart in front of the magistrate, there was repeated physical contact between Morris and Stewart. During the course of his attempts to subdue Stewart, Morris maced Stewart, slammed his face forward onto the trunk of the patrol car while handcuffed, and kicked Stewart in the solar plexus while he lay on the floor. At one time during the struggle, Stewart bit Morris on the chest. As a result of the day’s events, Stewart was charged and convicted for public drunkenness, malicious wounding and resisting arrest.

On June 28, 1985 Stewart filed a complaint with the Pulaski Police Department charging Morris with police brutality. The Chief of Police, defendant Edgar Joe Williams, assigned Lieutenant Stephen Gilbert Earhart to investigate Stewarts’ complaint.

Earhart’s investigation included interviews with all of the principal participants in the beating incident including Officer Morris, who had a full opportunity to provide his version of the incident.

Chief Williams received Earhart’s report around July 17, 1985. Upon reviewing the results of Earhart’s investigation, Williams concluded that Morris used excessive force in arresting Stewart and that Morris’ misconduct warranted dismissal from the police force.

Pursuant to Pulaski town policy, Williams transmitted the text of the Morris investigation to the Town Manager, defendant Daniel E. McKeever. McKeever reviewed the report and also concluded that Morris acted excessively and unprofessionally.

On July 30, 1985 Williams informed Morris that he was being terminated immediately. Simultaneously, Williams provided Morris with a list of 13 violations of the Pulaski Police Department Rules and Regulations committed by Officer Morris. Morris had previously received no written statement of the charges, or of the possible disciplinary action that could be taken against him. Such prior written notification is required by The Virginia Law Enforcement Officer’s Procedural Guarantees. Va.Code §§ 2.1-116.1 et seq., 116.4.

Morris then initiated a grievance procedure pursuant to the “Grievance Policy and Procedure” which covers all employees of the Town of Pulaski. He opted to follow the town procedure in lieu of the appeal hearing procedure that the Virginia Code provides for law enforcement officers. Va. Code § 2.1-116.5. At Step 2 of the grievance process Chief Williams affirmed his previous decision to terminate Morris and the reasons for doing so. At Step 3, Town Manager McKeever also affirmed his previous conclusions concerning Morris.

Step 4 in the Pulaski grievance procedure is a review of the case by a panel composed of three Pulaski residents. The panel in Morris’ case held a hearing on December 9, 1985. On December 17, 1985 it issued a written opinion reversing the decision of Williams and McKeever. It concluded that Morris had not used excessive force in subduing Stewart and ordered that Morris be reinstated with full back pay, seniority and benefits. In the panel’s view, the Pulaski Police Department had failed to give Morris written pre-dismissal notification as required by Va.Code 2.1-116.4, had failed to follow the Pulaski Police Manual, and had failed to interview Morris’ immediate supervisor during the investigation.

After he was reinstated with full back pay, seniority, and benefits, Officer Morris filed this suit charging that Chief of Police Williams, Town Manager McKeever and the Town of Pulaski denied his right to procedural due process under the Four[390]*390teenth amendment when they failed to give him pre-termination written notice of the charges against him and neglected to give him a pre-termination hearing as required by Va.Code § 2.1-116.4.

All the defendants have filed motions for summary judgment with supporting affidavits. They contend that they did not deny Morris procedural due process because he had actual notice of the charges against him and had an opportunity to respond during the investigation. Further, they argue that Morris has no valid procedural due process claim because the grievance procedure provided him with a meaningful post-deprivation remedy. Finally, the individual defendants assert that even if Morris could substantiate a claim, he could not recover compensatory or punitive damages from them because they are public officials who acted in their official capacity and in good faith.

The court held a hearing on January 12, 1987 during which all parties presented their arguments. Following the hearing the court received a brief amicus curiae from the Virginia State Lodge of the Fraternal Order of Police which opposes the defendants’ position on the effect of a post-deprivation remedy on a procedural due process claim.

DISCUSSION

To survive a motion for summary judgment, a plaintiff must establish that there is a genuine issue of material fact. Matsu-shita Elec. Ind. Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538. A genuine issue of material fact exists only when the record taken as a whole could lead a rational trier of fact to find for the plaintiff; otherwise the court may grant summary judgment to the defendant. Id.

Here there is no material factual dispute. All parties agree as to the facts and circumstances of the Morris investigation and the subsequent termination — that he received no prior written notice and that he had no formal hearing prior to termination. While the parties disagree as to the details of the confrontation between Morris and Stewart, these facts are irrelevant so far as the procedural sufficiency of Morris’ termination is concerned. See Anderson v. Liberty Lobby, Inc., — U.S.-, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986).

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Bluebook (online)
655 F. Supp. 388, 1987 U.S. Dist. LEXIS 3530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-mckeever-vawd-1987.