Sims v. Metropolitan Dade County

972 F.2d 1230, 1992 WL 210279
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 18, 1992
DocketNo. 91-5932
StatusPublished
Cited by87 cases

This text of 972 F.2d 1230 (Sims v. Metropolitan Dade County) 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
Sims v. Metropolitan Dade County, 972 F.2d 1230, 1992 WL 210279 (11th Cir. 1992).

Opinions

BROWN, Senior Circuit Judge:

Willie Sims filed this action pursuant to 42 U.S.C. § 1983 alleging that he was unlawfully suspended from government employment for exercising his First Amendment rights. He sued his employer, Metropolitan Dade County, and three supervisory employees of Dade County, Joaquin Avino, Ari Sosa, and Lloyd Major, in their individual and official capacities. Avino, Sosa, and Major, exclusively in their individual capacities, moved for summary judgment based on qualified immunity. The district court denied the motion without prejudice to the Defendants’ right to reassert the defense at trial. Avino, Sosa, and Major now appeal, in their individual capacities, from the district court’s denial of their motion for summary judgment. For the following reasons, we reverse the order of the district court and remand for resolution of the remaining claims asserted by Sims.

I. FACTS

Willie Sims is a Black man who, for more than ten years, has worked for the Dade County Department of Community Affairs (the “Department”), which serves the Greater Miami, Florida area. The Department’s function is to foster mutual understanding and tolerance among all of Miami’s ethnic groups. As a former member and coordinator of the Department’s Crisis [1232]*1232Prevention and Response Team, and as a current member of the Department’s Office of Black Affairs, Sims’ position requires that he investigate concerns of the Miami community’s various ethnic groups and attempt to ease the tensions among such groups. His job requires that he work to promote harmonious community relations.

During 1984, Sims became a preacher. By 1989, he had become a pastor, and he currently serves in that capacity for the Greater New Faith Missionary Baptist Church. In his capacity as pastor, Sims ministers to the spiritual and, he alleges, the secular needs of his congregation. During his sermons, he sometimes comments upon current nonreligious issues of concern to his parishioners and to members of the Black community in general. In his capacity as a pastor and a citizen, Sims occasionally has made remarks that his supervisors at the Department felt were inappropriate in view of his position with the Department.

During July of 1988, Dr. Aristides Sosa, Sims’ superior in the Department, counseled Sims after Sims publicly complained about what he perceived to be the Metro-Dade Police Department’s racially discriminatory practices. In the early part of the summer of 1990, racial tensions mounted in. Miami after the perceived snubbing of Nelson Mandela during his visit to the United States. At a community meeting called to discuss the situation, Miami Mayor Xavier Suarez indicated that Mandela was not honored with a key to Miami because of Mandela’s support for Fidel Castro. Upon hearing this, Sims called Mayor Suarez an “idiot,” a description he later repeated on the radio. Sosa again counseled Sims for his contentious remarks.

After the Mandela incident and in reaction thereto, segments of the Black community commenced a boycott. Sims made the statements that gave rise to this action during a December 16, 1990 sermon. Sims contends that he made the following remarks while discussing the boycott:

We are now entering the second phase of the boycott known as “Rediscovering Black Miami.” You should not spend your money with any business that does not hire Blacks or who have [sic] not shown any sensitivity toward us in the past and you should support Black businesses or those who have a history of hiring Blacks. Sometimes we are made to feel like foreigners in our own homeland because of the way Spanish is spoken in many of our public facilities and businesses, such as restaurants, that we frequent.

The Defendants contend that Sims said he felt like a “foreigner in my own land,” that he was “frustrated at having to speak Spanish in Miami, especially in restaurants,” and that it was time for Blacks to stop doing business with White and Hispanic establishments.

Sims’ statements, as reported in Spanish in the El Nuevo Herald,1 infuriated members of the Hispanic community. County Manager Joaquin Avino directed Sosa to conduct an investigation of Sims’ comments and to take disciplinary action if appropriate. Sims, Sosa, and Lloyd Major, Assistant Director of the Department of Community Affairs, met and discussed the statements. Sims contended that the Department had no right to control what he said from his pulpit. As he later told reporters, “I’m appalled that in America we would question what a clergyman would say from his pulpit_ [I]n my pulpit ... I’m large and I’m in charge.” Noting that Sims previously had been counseled to control his off-duty speech, Sosa and Major imposed a three-day suspension, without pay, for the remarks. They also offered to help Sims obtain a transfer to another County position that would not limit his speech, but Sims declined the offer.

In response to the three-day suspension, Sims brought this action under 42 U.S.C. § 1983. He alleged that his suspension, [1233]*1233for comments made while he was off-duty and in the pulpit, violated his rights to freedom of speech and religion under the First and Fourteenth Amendments.2 After taking Sims’ deposition, Avino, Sosa, and Major, in their individual capacities, moved for summary judgment based on qualified immunity. The district court, without elaboration, denied the motion, “without prejudice to the individual Defendants’ right to reassert a defense of qüalified immunity at the trial of this cause.” Avino, Sosa, and Major brought this appeal.

II. DISCUSSION

The Defendants appeal from an order denying a motion for summary judgment based on qualified immunity. To the extent that an order denying summary judgment based on qualified immunity turns on an issue of law, it is an appealable order. See Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 2817-18, 86 L.Ed.2d 411, 427 (1985). Because our jurisdiction over such an order is limited to issues of law, we review de novo. See Hutton v. Strickland, 919 F.2d 1531, 1536 (11th Cir.1990).

A.

As noted supra, the district court denied the Defendants’ motion for .summary judgment “without prejudice to the individual Defendants’ right to reassert a defense of qualified immunity at the trial of this cause.” Both sides contend that the court’s ruling constituted error, although they dispute the appropriate remedial measures.

The Defendants point out that, by denying their motion without prejudice, the district court failed to resolve the qualified immunity issue prior to trial. They contend that the qualified immunity defense should provide them with more than a defense against monetary liability; it should shield them from the burdens of pretrial preparation and trial. The district court, they point out, effectively deferred its ruling upon the issue until trial. At a minimum, they conclude, we should remand the case to the district court for a resolution of the qualified immunity issue prior to the completion of pretrial discovery and trial.

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Bluebook (online)
972 F.2d 1230, 1992 WL 210279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sims-v-metropolitan-dade-county-ca11-1992.