Rahn v. Kaps

92 F. App'x 149
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 23, 2004
DocketNo. 02-1478
StatusPublished
Cited by1 cases

This text of 92 F. App'x 149 (Rahn v. Kaps) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rahn v. Kaps, 92 F. App'x 149 (6th Cir. 2004).

Opinion

ROGERS, Circuit Judge.

Abby Rahn, a former assistant prosecutor in Van Burén County, Michigan, appeals the grant of summary judgment in favor of her former employer Juris Kaps, the Prosecuting Attorney of Van Burén County; Lynn Ann Bullard, the Van Burén County Friend of the Court; Sharon Deja of the State Court Administrator’s Office; Calvin Teague, the Van Burén County Administrator; the Van Burén County Board of Commissioners, and the county itself. Rahn’s lawsuit, predicated on 42 U.S.C. § 1983 and the First and Fourteenth Amendments, alleged that she was terminated from her position as an assistant prosecutor because she engaged in protected speech activity. The issue presented in this appeal is whether the termination of Rahn’s employment passes muster under the balancing test articulated by the Supreme Court’s decisions in Pickering v. Board of Education of Township High School District 205, 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968) and Connick v. Myers, 461 U.S. 138, 103 S.Ct. 1684, 75 L.Ed.2d 708(1983). We find that it does, and we therefore affirm the judgment of the district court.

BACKGROUND

1. Rahn’s Work as Family Law Prosecutor

Rahn began her tenure as an Assistant Prosecuting Attorney in Van Burén County, Michigan, in 1982. Her earliest duties involved seeking child support orders against parents on behalf of the Prosecuting Attorney. During her service in this position. Rahn generally took steps to establish legal paternity and would seek the entry of a child support order once paternity was conclusively established. Rahn’s position required her to work closely with staff from the Office of Child Sup[151]*151port (“OCS”) and the Van Burén County Friend of the Court office (“FOC”).

The parties do not dispute that Rahn had a historically rocky relationship with her supervisors and co-workers, which deteriorated further in the mid-to-late 1990’s, when Kaps, Bullard and, the staff of the state court system began to explore ways to merge the prosecutorial functions of the FOC and the Prosecuting Attorney’s Office in child support and paternity matters. Early on in this process, Rahn began to voice concerns about the ethical implications of such a merger. Rahn was concerned that the restructuring would place prosecuting attorneys responsible for child support and paternity matters in an impermissible conflict of interest because they would be supervised directly by agents of the same court that adjudicates child support and paternity matters. After Rahn’s initial objections were rejected or disregarded, she began to resist changes resulting from the merger by refusing to cooperate with FOC staff.

2. Rahn’s Letter Writing Activity

In November of 1996, Kaps reprimanded Rahn in writing for her refusals to cooperate with FOC staff members. In the reprimand, Kaps instructed Rahn to cooperate fully with the FOC and to report to him weekly on the productivity of her office. Kaps asked Rahn to put her concerns about the handling of child support and paternity matters behind her and focus on fulfilling the duties of her position. Rahn, however, refused to accept this letter as the conclusion of the matter.

On March 3, 1997, using the letterhead of the Van Burén County Prosecutor, Rahn wrote a memorandum to John Carpenter of the St. Joseph’s County Prosecutor’s Office. The memorandum outlines a series of arguments against placing the prosecutor’s child support and paternity responsibilities under FOC supervision. On March 17, 1997, using the prosecutor’s letterhead. Rahn wrote a letter to Wallace Dutkowski, the Director of OCS, objecting to the new structure in place in Van Burén County and protesting the possible imposition of a similar structure in St. Joseph’s County.

By the summer of 1999, however, the opinions of many state officials on the matter were running contrary to Rahn’s. The merger of prosecutorial and FOC duties in St. Joseph’s County that Rahn had protested in 1997 was, in fact, representative of a sea change in the way in which Michigan counties handled child support and paternity matters. After the State Court Administrator’s Office recommended to Van Burén County officials that the FOC and Prosecuting Attorney’s office totally merge their child support and paternity functions, Kaps informed Rahn that her job was being absorbed into the FOC and that she would be transferred to the Criminal Division of the Prosecutor’s Office.

3. Rahn’s Termination

Tensions between Rahn and Kaps came to a head after Rahn’s transfer to the criminal division. After the transfer, Rahn stepped up her letter writing activities. On September 28, 1999, Rahn wrote a letter to Judge Paul Hamre on the prosecutor’s letterhead, expressing her concerns regarding the legality of the merger. Judge Hamre responded, thanking Rahn for her letter and dismissing her concerns on the grounds that the merger was the product of informed decisions by the proper elected officials. Unsatisfied by this response, Rahn wrote back to Judge Ham-re on September 30, again using the prosecutor’s letterhead. In her second letter, Rahn asked the judge to provide the legal authority for the merger. This second letter drew a swift rebuke from Judge [152]*152Harare, who refused her request and instructed her to communicate any further concerns through the Prosecuting Attorney.

On October 8,1999, Rahn met with Kaps for her weekly review. At this meeting, Kaps asked Rahn if she was “through with letter writing” and asked her to stop using the prosecutor’s letterhead for letter writing connected with her opposition to the child support and paternity restructuring. He also asked her not to do anything to undermine his authority as Prosecuting Attorney. Kaps suggested to Rahn that if she wanted to object to the restructuring, she should do so as a private citizen and on a statewide level, rather than as pertained to Van Burén County.

Rahn must have misunderstood what Kaps meant by pursuing the matter on a “statewide level,” because her next step was to write a letter, this time on her own letterhead, to Wallace Dutkowski, the director of the Michigan Office of Child Support. The October 15 letter to Dutkowski accuses the Van Burén County Friend of the Court of “undertak[ing] prosecutorial litigation obligations in child support cases without legal authority, contrary to existing ethical regulations and opinions and in violation of federal law regarding separation of powers.” On October 21, 1999, Rahn wrote a letter to the Director of the State Court Administrator’s Office, warning that the merger threatened “a number of seeming ethical and legal violations.” The letter asked for information regarding the involvement of the State Court Administrator’s Office, and specifically Deja, in the merger.

All indications suggest that, amid this flurry of letter writing, Rahn’s work performance as an assistant prosecutor was suffering. Kaps grew concerned about her chronic tardiness and her regular practice of keeping her office door closed, which Kaps believed would deter law enforcement officers from feeling comfortable coming into her office to discuss eases.

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Related

Rahn v. Kaps
542 U.S. 938 (Supreme Court, 2004)

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92 F. App'x 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rahn-v-kaps-ca6-2004.