Shoap v. City of Crossville

321 F. Supp. 3d 839
CourtDistrict Court, M.D. Tennessee
DecidedJuly 23, 2018
DocketNO. 2:16-cv-00115
StatusPublished
Cited by5 cases

This text of 321 F. Supp. 3d 839 (Shoap v. City of Crossville) is published on Counsel Stack Legal Research, covering District Court, M.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shoap v. City of Crossville, 321 F. Supp. 3d 839 (M.D. Tenn. 2018).

Opinion

WAVERLY D. CRENSHAW, JR., CHIEF UNITED STATES DISTRICT JUDGE

Rodney Shoap ("Shoap") brought this action against the City of Crossville ("Crossville") and Jesse Kerley ("Kerley"), pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. ("Title VII"); the Age Discrimination in Employment Act of 1968 ("ADEA"); the Tennessee Human Rights Act, *843Tenn. Code Ann. § 4-21-101, et seq. ; the Tennessee Public Protection Act, Tenn. Code Ann. § 50-1-304, et seq. ; and Tennessee state laws of contract and tort, arising from Shoap's tenure in and departure from the Crossville Police Department. Shoap brings federal and state claims against Crossville and state claims against Kerley. Crossville and Kerley have each filed Motions for Summary Judgment. (Doc. Nos. 31, 36.) Shoap has responded (Doc. Nos. 42, 47) and Crossville and Kerley have filed replies (Doc. Nos. 45, 51). For the following reasons, Crossville's motion will be granted in part and the Court will decline to exercise supplemental jurisdiction over remaining state law claims.

I. Facts 1

Shoap had a long career in law enforcement. Under the Crossville City Charter, only the City Manager had the power to hire and fire Shoap. (Doc. No. 49 at ¶ 10.) In January 2015, Shoap was hired to be the interim Police Chief of Crossville for a period not to exceed 18 months, reporting to City Manager David Rutherford. (Id. at ¶¶ 1-2.) Shoap's relationship with Rutherford was "good." (Id. at ¶ 3.) Shoap understood that he worked for the City Manager and "not for the City Council or any City Council member at all times during his employment." (Id. at ¶ 7.) According to Shoap, he was under the supervision of the City Manager "every day" that he was an employee of Crossville. (Doc. No. 33-1 at 26.)

In August 2015, Kerley, a Crossville Councilman, asked Shoap to investigate a report that a child had been inappropriately touched by another child in the cafeteria of one of the local schools. (Id. at 15.) Shoap has testified that there was "nothing wrong" about Kerley, or anyone, bringing this to his attention, even if a later investigation revealed that no crime was committed. (Id. at 16, 18; Doc. No. 49 at ¶¶ 11, 13.) Shoap never had an issue with Kerley before this incident. (Doc. No. 33-1 at 20.) Shoap did not have another interaction with Kerley until February 2016. (Id. ) So from the beginning of his time as interim Police Chief in January 2015 through February 2016, Shoap had only one incident with Kerley. (Id. at 21.) During that same time, Shoap had "no" incident with "any other employee or leader with the City of Crossville." (Id. ) In fact, during his deposition, Shoap testified that he "couldn't think of any" incidents with "anyone from the City of Crossville besides Mr. Kerley." (Id. )

In March 2016, Rutherford indicated that he wished to hire Shoap on a permanent basis. However, his status remained as "employment at-will and not a contract." (Doc. No. 42-2 at 3.) As part of his employment, Shoap certified that he received a copy of the personnel rules and regulations of Crossville, that Crossville was an at-will employer, and that he could be "discharged at any time with or without right of appeal." (Doc. No. 33-2 at 6.) In April 2016, Rutherford was terminated before he could "finalize the paperwork," as he had intended, on July 28, 2016. (Doc. Nos. 42-2 at 3; 33-1 at 47.) Thus, when asked during his deposition "so [Rutherford] never did get you hired as permanent police chief, because he was terminated, *844correct?" Shoap replied, "[t]hat's correct."2 (Doc. No. 33-1 at 48.)

Rutherford was replaced as City Manager by Steve Hill. Shoap's relationship with Hill was "good." (Doc. No. 49 at ¶ 4.)3 Around this time, Shoap had a second encounter with Kerley. Kerley complained to Shoap that another Crossville Councilman had assaulted him. (Doc. No. 33-1 at 37.) Again, Shoap testified that it was "entirely appropriate" for Kerley to report what he believed to be a crime, and for Shoap to investigate it. (Id. at 39; Doc. No. 49 at ¶ 16.) Kerley "demanded" that Shoap write an assault complaint, but, after investigation, Shoap determined that doing so was not appropriate. (Doc. No. 33-1 at 37-39.) Shoap explained that this was "how the system is supposed to work." (Id. at 39.) Kerley objected to Shoap's conclusions. (Id. at 39-41.) Shoap went to Kerley's house, and asked Hill to accompany him. (Id. at 41.) Kerley complained that Shoap "wouldn't write an assault complaint for him." (Id. at 42.) Shoap felt that Hill did not intercede in the meeting to protect him from Kerley's statements. (Id. at 32.)

Hill initially told Shoap that he would decide on his permanent hiring within a month, but it was stretched to several months, and then to possibly after the election. (Id. at 45-46.) As time went on, Shoap became tired of waiting for Hill to make a decision to hire him. (Doc. No. 49 at ¶ 19.) He was tired of "excuse after excuse." (Id. at ¶ 20) He was angered by Hill's "putting him off." (Doc. No. 33-1 at 45.) Shoap was also upset that on two occasions Hill had said he would hire Shoap if there was enough support from City Council members, but then would not immediately call the Council members to "poll" them in Shoap's presence. (Id. at 33-34.)

Major Mark Rosser was second in command in the Crossville Police Department. (Doc. No. 49 at ¶ 5.) Rosser was a good officer about whom Shoap had no complaints. (Id. at ¶ 6.) On June 30, 2016, Shoap encountered Rosser coming out of Hill's office and, according to Shoap, Rosser and Hill gave him a "real funny look, surprised look." (Doc. No. 33-1 at 30.) Soon thereafter, Rosser told Shoap that he had intended to support Shoap's candidacy, but had asked Hill to hire him if Rosser did not hire Shoap. (Id. ) Rosser told Shoap that he and Hill discussed permanent employment with a contract. (Id. ) Shoap testified that this caused him "a little consternation." (Id. at 31.) Shoap tried to talk Rosser out of applying for the job on the ground that that it would potentially do harm to Rosser's retirement benefits. (Id. )

Later that day, Shoap resigned. Shoap made statements the same day, reported *845in an article on www.crossville-chronicle.com by Gary Nelson, entitled "Interim police chief resigns, 'Tired of waiting,' " to the effect that Shoap had grown tired of the City Manager and the delay in the decision to hire him. (Doc. Nos. 33-1 at 44, 49; 33-2 at 7-8.) Prior to the resignation, Hill did not fire Shoap or say he was going to fire Shoap. (Doc. No.

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Bluebook (online)
321 F. Supp. 3d 839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shoap-v-city-of-crossville-tnmd-2018.