Pierce v. Bennett

835 F. Supp. 2d 288, 2011 WL 6152871, 2011 U.S. Dist. LEXIS 142925
CourtDistrict Court, W.D. Kentucky
DecidedDecember 12, 2011
DocketCivil Action No. 1:10-CV-00146-JHM
StatusPublished

This text of 835 F. Supp. 2d 288 (Pierce v. Bennett) is published on Counsel Stack Legal Research, covering District Court, W.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pierce v. Bennett, 835 F. Supp. 2d 288, 2011 WL 6152871, 2011 U.S. Dist. LEXIS 142925 (W.D. Ky. 2011).

Opinion

MEMORANDUM OPINION AND ORDER

JOSEPH H. McKINLEY, JR., Chief Judge.

This matter is before the Court on Defendant Larry Bennett’s Motion for Summary Judgment [DN 34] and Plaintiff Tim Pierce’s Motion for Partial Summary Judgment [DN 35]. Fully briefed, this matter is ripe for decision. For the following reasons, the Court GRANTS the Defendant’s motion and DENIES the Plaintiffs motion.

I. BACKGROUND

The material facts at issue in this case are not heavily disputed. Defendant Larry Bennett has served as Sheriff of Russell County, Kentucky, continuously since his election to that office in 1990. (Compl. ¶ 10.) Defendant hired Plaintiff Tim Pierce as a Deputy Sheriff on June 6, 2004. (Id. at ¶ 8.) After Defendant won re-election in 2006, Plaintiff approached him and asked whether the Defendant anticipated running for re-election in 2010. (Tim Pierce Dep. 69:14-21.) Plaintiff testified at his deposition that Defendant said he did not think he would run for re-election again. (Id. at 19-21.) Defendant testified that after an election he is always tired and is unsure if he will run for office again, but that he has never told anyone that he [290]*290would not run in the future. (Larry Bennett Dep. 26:15-27:2.) The exact content of what was said that day is not material, however, it is undisputed that following that conversation, Plaintiff began quietly campaigning for the office of Sheriff in the 2010 election. (Pl.’s Mem. in Supp. Mot. Partial Summ. J. 2 [DN 35].)

Neither party disputes that prior to the 2010 election, there was Motion between certain Deputies within the Russell County Sheriffs Department. There are differing views on the cause of that friction. One view is that Deputy Cíete McAninch and Plaintiff both desired to one day be the Sheriff. (Ooten Dep. 64:21-23.) Another proposed cause of Motion was the failure of deputies to respond to calls in a timely manner or back-up one another on dangerous calls. Allegations of this type of behavior were alleged by Plaintiff and his supporters and by Defendant and his supporters. (See Bennet Dep. 44:23-45:2.) A third possible cause was an alleged verbal tirade by Plaintiff directed at Deputy McAninch in approximately 2005, witnessed by Deputy Bertram. (See Bertram Dep. 12:8-20, McAninch Dep. 11:2-8.) It is entirely possible and likely that each one of these issues caused tension to build within the Sheriffs Department prior to the 2010 election.

As the primary election of 2010 neared, Plaintiff informed Defendant that he intended to run for Sheriff. (Bennett Dep. 29:5-2-3.) Defendant told Plaintiff that he wished Plaintiff would not run because it would make his bid for re-election more difficult, but that he had no intention of firing Plaintiff for doing so. (Id. at 29:10-18.) Plaintiff stated that he felt obligated to run because had already told so many people that he would do so. (Pierce Dep. 74:17-22.) Following that conversation, both Defendant and Plaintiff filed their candidacy on the first available date. Thereafter, the Sheriffs Department was split between the supporters of each candidate. While neither Plaintiff nor Defendant solicited or requested their co-workers’ allegiances, it was clear to everyone concerned that Plaintiff was supported by his step-father Deputy Ron Ooten, and Deputies York and Isaacs, and that Defendant was supported by Deputies McAninch, Bertram, Smith and Whittles and the Department secretary Cathy Johnson.

Although both Plaintiff and Defendant agree that the campaign itself was mild and civil, (see Pierce Dep. 92:19-21, Bennett Dep. 34:20-35:3), the pre-existing friction within the Sheriffs Department was exacerbated as the campaign between Plaintiff and Defendant progressed. While Defendant never mentioned Plaintiff in his own campaign ads, (Bennet Dep. 34:23-25), Plaintiff issued ads that stated he would be a “working Sheriff[,]” (see Pierce Dep. 87: 2-7; PL’s Mot. Partial Summ. J., Ex. 7 Pierce campaign advertisement). Along with the “working Sheriff’ catchphrase, Plaintiff also issued a campaign ad which stated that he would “maintain an honest working staff that has the same ideas and principles.” (PL’s Mot. Partial Summ. J. Ex. 6 Pierce campaign advertisement.) Furthermore, throughout the campaign, there were rampant rumors that regardless of which candidate was elected Sheriff that the other candidate’s supporters would be fired. (Pierce Dep. 78:16-18, 81:11-16.) Several deputies were concerned and reported to Defendant that Plaintiff had openly told individual supporters that should he win the election, he would give the jobs of those Deputies supporting Defendant to his own supporters. (See Cain Dep. 12:22-25, Smith Dep. 16:15-17, Bertram 42:11-22, McAninch Dep. 18:3-8.)

Defendant won the primary in one of his closest elections to date. (Bennett Dep. [291]*2918:19-21.) Despite telling the Plaintiff that he would not be fired, approximately three days after the election, Defendant spoke to Plaintiff on the telephone and told him that he could either resign or be terminated. (See Pl.’s Mot. Partial Summ. J. Ex. 11 Telephone Transcript 1:16-19.) In the telephone conversation, Defendant stated that

Well, you know — everybody’s got a right to run, everybody’s got a right to say what they want to say, and that’s freedom of speech and everything. But the problem is Pierce — the damage is definitely permanent. I don’t think I can serve the public with the friction and everything — the damage that’s been done. I mean you gotta have unity— you gotta be able to share information at work and everything. I just think that I wouldn’t be able to serve the public the way I should be able to.
The main thing of it is and it’s nothing personal to you. It’s just I’ve got a department to run and I’ve got to have unity.... If I didn’t — I mean — if I didn’t — it just wouldn’t work.... I’m just here to serve the public and they deserve the best I can give them and I can’t with a divided department.

(Id. at 2:3-11, 3:13-20.) Plaintiff refused to resign and the Defendant terminated him by certified letter on May 24, 2010. (See Pl.’s Mot. Partial Summ. J. Ex. 12.) In the termination letter, as well as during the telephone conversation, Defendant cited Greenwell v. Parsley, 541 F.3d 401 (6th Cir.2008), as justification for Plaintiffs termination. (See id,.; Telephone Transcript 3:9-11.)

Plaintiff filed the instant suit against Defendant in his individual capacity on September 10, 2010, alleging that he was terminated for exercising his First Amendment freedom of speech rights in violation of 42 U.S.C. § 1983.1 Plaintiff has also alleged a state law claim for wrongful discharge.

II. STANDARD OF REVIEW

Before the Court may grant a motion for summary judgment, it must find that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a). The moving party bears the initial burden of specifying the basis for its motion and of identifying that portion of the record which demonstrates the absence of a genuine issue of material fact. Celotex Corp. v.

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Cite This Page — Counsel Stack

Bluebook (online)
835 F. Supp. 2d 288, 2011 WL 6152871, 2011 U.S. Dist. LEXIS 142925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pierce-v-bennett-kywd-2011.