Shea Rebecca Brown v. Rudolph Davis, Sr.

684 F. App'x 928
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 11, 2017
Docket15-15693
StatusUnpublished
Cited by1 cases

This text of 684 F. App'x 928 (Shea Rebecca Brown v. Rudolph Davis, Sr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shea Rebecca Brown v. Rudolph Davis, Sr., 684 F. App'x 928 (11th Cir. 2017).

Opinion

HULL, Circuit Judge:

Plaintiff Shea Brown appeals the district court’s grant of summary judgment in favor of defendants Rudolph Davis, Carlton Tunsil, and the city of Lake City, Florida. Brown brought suit against the defendants under 42 U.S.C. §§ 1981 and 1983, alleging that she was unlawfully terminated from her employment on the basis of her race and gender.

After review, and with the benefit of oral argument, we affirm.

I. BACKGROUND

A.The Parties

Plaintiff Brown is a Caucasian female who, from March 2008 to August 2009, worked as a law enforcement officer for the Lake City, Florida Police Department (“LCPD”). Defendant Tunsil is an African-American male who, from June 2009 to September 2009, served as the Interim Chief of the LCPD. Defendant Davis is an African-American male who, from 1990 to November 2009, worked as a law enforcement officer for the LCPD. During Tun-sil’s term as Interim Chief, Davis served as the second-in-charge for the LCPD.

B. LCPD Work Environment

During the course of plaintiff Brown’s employment, Brown alleged that she heard comments among her peers about Davis not liking women. For example, in 2008, when the LCPD hired Brown, defendant Davis purportedly disapproved of Brown’s hiring and expressed his preference that the LCPD hire his friend Greg Williams, an African-American male, instead. Davis allegedly objected to the hiring of another white female law enforcement officer on the same day. John Blanchard, an LCPD sergeant who served during Brown’s employment, testified that he heard Davis “say some things about females” that led him to believe that Davis had “issues with women that had authority.” According to Blanchard, Davis “felt basically [that] women were not appropriate in law enforcement” and would, from time to time, make statements to that effect.

C. Evidence Destruction

On April 23, 2009, LCPD officer Jason Golub asked plaintiff Brown to meet him to transport an arrestee—King David Bradley— to jail on a violation of probation charge. At that time, Golub was ending his shift, and Brown was beginning her shift. Golub and Brown met at the police station to transport Bradley. At the station, Golub gave Brown separate bags containing pills and marijuana that he had found on Bradley during the course of Bradley’s arrest. Golub had weighed the marijuana at the police station and determined that it only constituted a misdemeanor amount. When Golub handed the marijuana to Brown, Golub allegedly told Brown, “[d]o what you want with this.”

According to plaintiff Brown, the LCPD maintained an unwritten policy that al *930 lowed LCPD officers to use their discretion about whether to charge someone for possession of a misdemeanor amount of marijuana. If the officer decided not to charge the suspect, the officer could destroy it in the presence of another officer. Brown testified that she had seen seven other LCPD officers exercise this policy in practice. Defendants Davis and Tunsil deny that such a policy ever existed.

After receiving the marijuana and the pills from Golub, Brown transported Bradley to the jail without incident. Brown threw away the pills, which she determined to be water pills, but retained possession of the marijuana.

After leaving the jail, but while still in possession of the marijuana, plaintiff Brown had dinner with fellow LCPD officer Ivan Useche. Brown and Useche drove their separate patrol cars to an undeveloped subdivision to eat dinner. Before eating her dinner, and with Useche watching, Brown took out the marijuana and destroyed it by rubbing it into the ground with her boot. Brown did not inform Useche about the source of the marijuana or that she was destroying it pursuant to the unwritten policy. Following this incident, Brown never filed a report or affidavit with the LCPD regarding her handling of Bradley or her destruction of the marijuana. Brown heard nothing concerning her destruction of the marijuana for several weeks.

D. Brown’s First Domestic Dispute

On May 5, 2009, plaintiff Brown called LCPD corporal Paul Kash about a family dispute that was occurring with her husband. As Brown was trying to leave her residence, her husband refused to give her the keys to her automobile. Brown called Kash to help her get the keys because she worried that the situation was going to escalate and that she would become the victim of domestic violence. Kash came to Brown’s home and helped Brown obtain her keys and leave the home without violence.

Following the incident, Kash wrote an internal report regarding the events. Plaintiff Brown supported Kash writing the report. Following Kash’s report, defendant Davis learned of the incident and called Brown into his office. Davis asked Brown to write a statement against her husband to be handed over to the Columbia County Sheriff’s Office, where her husband was employed. Brown refused to write a statement against her husband because she did not know Davis’s intent, which led to an argument. Davis threated to write Brown up for insubordination. Following this meeting, Davis wrote up Brown for insubordination, but nothing came of Davis’s complaint.

E. Investigations Into Brown’s Conduct and Brown’s Arrest

On May 12, 2009, an Assistant State Attorney for the State of Florida contacted the LCPD concerning a missing “affidavit or offense report” on Bradley. This prompted a conversation between the Florida State Attorney’s Office and the LCPD, which revealed that Brown had not filed an arrest affidavit on Bradley for the marijuana charge. Eventually, Skip Robert Jarvis, State Attorney for the Third Judicial Circuit, learned of this fact and requested that the Florida Department of Law Enforcement (“FDLE”) conduct a criminal investigation into Brown concerning possible improper destruction of evidence. On May 14, 2009, Gary Laxton, then LCPD’s Chief, informed Brown that she was under investigation by the FDLE for tampering with evidence in relation to her handling of the marijuana. Brown later testified that nobody from the LCPD, including defendants Davis or Tunsil, was *931 involved in either Jarvis’s request or in the ensuing FDLE investigation.

The FDLE eventually cleared Brown of “any wrongdoing” and informed State Attorney Jarvis that it “didn’t have anything to proceed with.” Notwithstanding the FDLE’s recommendation, Jarvis conducted an additional investigation of Brown on his own. Again, this investigation was conducted without any LCPD involvement. On July 7, 2009, State Attorney Jarvis filed an information charging Brown with tampering with evidence, a third-degree felony. 1 The State Attorney’s Office issued a “capi-as” for Brown’s arrest, and Brown voluntarily turned herself into the Columbia County, Florida jail. Following Brown’s arrest, LCPD officers posted bond for Brown’s immediate release.

On July 8, 2009, defendant Tunsil, as acting LCPD Interim Chief, placed Brown on administrative leave without pay.

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Bluebook (online)
684 F. App'x 928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shea-rebecca-brown-v-rudolph-davis-sr-ca11-2017.