O'CONNOR v. Ortega

480 U.S. 709, 107 S. Ct. 1492, 94 L. Ed. 2d 714, 1987 U.S. LEXIS 1507, 1 I.E.R. Cas. (BNA) 1617, 55 U.S.L.W. 4405, 42 Empl. Prac. Dec. (CCH) 36,891
CourtSupreme Court of the United States
DecidedMarch 31, 1987
Docket85-530
StatusPublished
Cited by1,058 cases

This text of 480 U.S. 709 (O'CONNOR v. Ortega) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'CONNOR v. Ortega, 480 U.S. 709, 107 S. Ct. 1492, 94 L. Ed. 2d 714, 1987 U.S. LEXIS 1507, 1 I.E.R. Cas. (BNA) 1617, 55 U.S.L.W. 4405, 42 Empl. Prac. Dec. (CCH) 36,891 (1987).

Opinions

Justice O’Connor

announced the judgment of the Court and delivered an opinion in which The Chief Justice, Justice White, and Justice Powell join.

This suit under 42 U. S. C. § 1983 presents two issues concerning the Fourth Amendment rights of public employees. First, we must determine whether the respondent, a public [712]*712employee, had a reasonable expectation of privacy in his office, desk, and file cabinets at his place of work. Second, we must address the appropriate Fourth Amendment standard for a search conducted by a public employer in areas in which a public employee is found to have a reasonable expectation of privacy.

I

Dr. Magno Ortega, a physician and psychiatrist, held the position of Chief of Professional Education at Napa State Hospital (Hospital) for 17 years, until his dismissal from that position in 1981. As Chief of Professional Education, Dr.. Ortega had primary responsibility for training young physicians in psychiatric residency programs.

In July 1981, Hospital officials, including Dr. Dennis O’Connor, the Executive Director of the Hospital, became concerned about possible improprieties in Dr. Ortega’s management of the residency program. In particular, the Hospital officials were concerned with Dr. Ortega’s acquisition of an Apple II computer for use in the residency program. The officials thought that Dr. Ortega may have misled Dr. O’Con-nor into believing that the computer had been donated, when in fact the computer had been financed by the possibly coerced contributions of residents. Additionally, the Hospital officials were concerned with charges that Dr. Ortega had sexually harassed two female Hospital employees, and had taken inappropriate disciplinary action against a resident.

On July 30, 1981, Dr. O’Connor requested that Dr. Ortega take paid administrative leave during an investigation of these charges. At Dr. Ortega’s request, Dr. O’Connor agreed to allow Dr. Ortega to take two weeks’ vacation instead of administrative leave. Dr. Ortega, however, was requested to stay off Hospital grounds for the duration of the investigation. On August 14, 1981, Dr. O’Connor informed Dr. Ortega that the investigation had not yet been completed, and that he was being placed on paid administrative leave. Dr. Ortega remained on administrative leave until [713]*713the Hospital terminated his employment on September 22, 1981.

Dr. O’Connor selected several Hospital personnel to conduct the investigation, including an accountant, a physician, and a Hospital security officer. Richard Friday, the Hospital Administrator, led this “investigative team.” At some point during the investigation, Mr. Friday made the decision to enter Dr. Ortega’s office. The specific reason for the entry into Dr. Ortega’s office is unclear from the record. The petitioners claim that the search was conducted to secure state property. Initially, petitioners contended that such a search was pursuant to a Hospital policy of conducting a routine inventory of state property in the office of a terminated employee. At the time of the search, however, the Hospital had not yet terminated Dr. Ortega’s employment; Dr. Ortega was still on administrative leave. Apparently, there was no policy of inventorying the offices of those on administrative leave. Before the search had been initiated, however, petitioners had become aware that Dr. Ortega had taken the computer to his home. Dr. Ortega contends that the purpose of the search was to secure evidence for use against him in administrative disciplinary proceedings.

The resulting search of Dr. Ortega’s office was quite thorough. The investigators entered the office a number of times and seized several items from Dr. Ortega’s desk and file cabinets, including a Valentine’s Day card, a photograph, and a book of poetry all sent to Dr. Ortega by a former resident physician. These items were later used in a proceeding before a hearing officer of the California State Personnel Board to impeach the credibility of the former resident, who testified on Dr. Ortega’s behalf. The investigators also seized billing documentation of one of Dr. Ortega’s private patients under the California Medicaid program. The investigators did not otherwise separate Dr. Ortega’s property from state property because, as one investigator testified, “[tjrying to sort State from non-State, it was too much to do, so I gave it [714]*714up and boxed it up.” App. 62. Thus, no formal inventory of the property in the office was ever made. Instead, all the papers in Dr. Ortega’s office were merely placed in boxes, and put in storage for Dr. Ortega to retrieve.

Dr. Ortega commenced this action against petitioners in Federal District Court under 42 U. S. C. § 1988, alleging that the search of his office violated the Fourth Amendment. On cross-motions for summary judgment, the District Court granted petitioners’ motion for summary judgment. The District Court, relying on Chenkin v. Bellevue Hospital Center, New York City Health & Hospitals Corp., 479 F. Supp. 207 (SDNY 1979), concluded that the search was proper because there was a need to secure state property in the office. The Court of Appeals for the Ninth Circuit affirmed in part and reversed in part, 764 F. 2d 703 (1985), concluding that Dr. Ortega had a reasonable expectation of privacy in his office. While the Hospital had a procedure for office inventories, these inventories were reserved for employees who were departing or were terminated. The Court of Appeals also concluded — albeit without explanation — that the search violated the Fourth Amendment. The Court of Appeals held that the record justified a grant of partial summary judgment for Dr. Ortega on the issue of liability for an unlawful search, and it remanded the case to the District Court for a determination of damages.

We granted certiorari, 474 U. S. 1018 (1985), and now reverse and remand.

h — I l-H

The strictures of the Fourth Amendment, applied to the States through the Fourteenth Amendment, have been applied to the conduct of governmental officials in various civil activities. New Jersey v. T. L. O., 469 U. S. 325, 334-335 (1985). Thus, we have held in the past that the Fourth Amendment governs the conduct of school officials, see ibid., building inspectors, see Camara v. Municipal Court, 387 U. S. 523, 528 (1967), and Occupational Safety and Health [715]*715Act inspectors, see Marshall v. Barlow’s, Inc., 436 U. S. 307, 312-313 (1978). As we observed in T. L. 0., “[b]ecause the individual’s interest in privacy and personal security ‘suffers whether the government’s motivation is to investigate violations of criminal laws or breaches of other statutory or regulatory standards,’... it would be ‘anomalous to say that the individual and his private property are fully protected by the Fourth Amendment only when the individual is suspected of criminal behavior.’” 469 U. S., at 335 (quoting Marshall v. Barlow’s, Inc., supra, at 312-313 and Camara v. Municipal Court, supra, at 530).

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Bluebook (online)
480 U.S. 709, 107 S. Ct. 1492, 94 L. Ed. 2d 714, 1987 U.S. LEXIS 1507, 1 I.E.R. Cas. (BNA) 1617, 55 U.S.L.W. 4405, 42 Empl. Prac. Dec. (CCH) 36,891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oconnor-v-ortega-scotus-1987.