Snipes v. Volusia County

704 F. App'x 848
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 21, 2017
DocketNo. 16-14221
StatusPublished
Cited by7 cases

This text of 704 F. App'x 848 (Snipes v. Volusia 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
Snipes v. Volusia County, 704 F. App'x 848 (11th Cir. 2017).

Opinion

PER CURIAM:

Plaintiff-appellant Michael Todd Snipes was dismissed by defendant-appellee Volu-sia County (the “County”) from his position as a law enforcement officer with the Beach Safety and Ocean Rescue Department (the “Beach Patrol”) after making several racially insensitive comments on his Facebook page and in a group text message. He brought, as relevant here, an action under 42 U.S.C. § 1983 alleging that he was wrongfully terminated for exercising his First Amendment right to freedom of speech. The district court granted summary judgment for the County and Snipes appealed. Based on a thor[850]*850ough review of the record and the parties’ briefs, we affirm.

I. Background

A proper view of the instant case requires placing Snipes’ statements in context with two, otherwise unrelated, events affecting the County during the relevant time period. First — shortly before the events culminating in Snipe’s termination occurred — the Beach Patrol was involved in a public scandal involving adult employees and underage females which significantly, and negatively, affected its reputation in the community. Although Snipes was not involved in that scandal, he was aware of its impact on the Beach Patrol, which included the implementation of a “zero tolerance” policy for any actions that would further tarnish the Beach Patrol’s reputation.

Second — as the Beach Patrol was working to rebuild its reputation — central Florida, like much of the rest of the country, was embroiled in, the highly publicized trial of George Zimmerman for the shooting death of Trayvon Martin, an African-American teenager. Both the shooting and the trial occurred in neighboring Seminole County and, after a jury acquitted Zimmerman, there were rallies to protest the verdict in Volusia County.

The day after the Zimmerman verdict was announced, Snipes — in a comment he concedes was in reference to Martin— posted the following on his Facebook page: “Another thug gone! Pull up your pants and act respectful. Bye bye thug rip!” On the same day, Snipes initiated a nine-person group text message, to which he sent a picture of Paula Deen with the caption “Y’all niggas want some pie?” One of the members of that group text responded with a picture of Martin and the caption “Those skittles were to die for,” to which Snipes responded “Lol.”1 Similarly, Snipes responded “LOL nice!” to a picture of the Zimmerman jury with Paula Deen’s head superimposed on their bodies. Finally, he ended the text thread by sending a picture of Martin and Zimmerman in which Zimmerman was depicted as an African-American and Martin was depicted as a Caucasian.

Snipes was not on duty when he made the Facebook post, but he was on duty when he sent each of his text messages. ■Three of the recipients of the text messages were current employees of the County, one of whom was Snipes’ direct subordinate and another of whom was on duty when he received the messages.

Another of the recipients of Snipes’ text messages was a recent retiree from the Beach Patrol who reported them to Snipes’ supervisor and subsequently provided copies of both the messages and the Facebook post to an internal affairs investigator. Additionally, an unidentified individual provided copies of the text messages and Fa-cebook post to a local newspaper, which ran an article publishing their content.

Following an internal investigation, Snipes’ employment was terminated. He then engaged in an internal appeals process, seeking review of the decision by a five-member board. The board, by a 3-2 vote, recommended that a lesser punishment be imposed. The County Manager— acting within his authority — rejected that recommendation and upheld Snipes’ termination.

Snipes then brought this suit, alleging that he was illegally fired for exercising his First Amendment right to freedom of speech. The County did not contest the fact that Snipes’ speech — i.e., his Facebook post and text messages — was a motivating [851]*851factor in his termination. Instead, the County argued that his speech was not protected and, even if it was, that the interests of the County outweighed his right to that speech. On cross-motions for summary judgment, the district court found that “even assuming Plaintiffs Face-book post and text messages constituted protected speech, Defendant’s interests as an employer outweigh Plaintiffs interests in making these statements.” Accordingly, the court denied Snipes’ motion and granted the County’s motion. This appeal followed.

II. Standard of Review

We review summary judgment rulings de novo, drawing all inferences and reviewing all evidence in the light most favorable to the non-moving party. Moton v. Cowart, 631 F.3d 1337, 1341 (11th Cir. 2011). Summary judgment is appropriate when the moving party demonstrates “that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a).

III. Discussion

As a general rule, a “state employer can not retaliate against a state employee for engaging in speech constitutionally protected under the First Amendment.” Stanley v. City of Dalton, 219 F.3d 1280, 1288 (11th Cir. 2000) (citing Rankin v. McPherson, 483 U.S. 378, 383, 107 S.Ct. 2891, 2896, 97 L.Ed.2d 315 (1987)). However, in determining what speech is protected, our case law recognizes that “the state has an interest as an employer in regulating the speech of its employees and attempts to balance the competing interests of the public employee and the state.” Id. (citing Rankin, 483 U.S. at 384, 107 S.Ct. at 2896-97; Pickering v. Bd. of Educ., 391 U.S. 563, 568, 88 S.Ct. 1731, 1734-35, 20 L.Ed.2d 811 (1968)).

In order to properly balance these competing interests, we engage in a four-step inquiry:

First, we consider whether Plaintiffs speech was made as a citizen and whether it implicated a matter of public concern. If this first threshold requirement is satisfied, we then weigh Plaintiffs First Amendment interests against the City’s interest in regulating his speech to promote the efficiency of the public services it performs through its employees. The above two issues are questions of law that are decided by the court. The court’s resolution determines whether Plaintiffs speech is protected by the First Amendment.
If his speech is so protected, the third stage of the analysis requires Plaintiff to show that it was a substantial motivating factor in his termination. If Plaintiff is able to make this showing, the burden shifts to the City to prove that it would have terminated Plaintiff even in the absence of his speech. Because these final two issues, which address the causal link between Plaintiffs speech and his termination, are questions of fact, a jury resolves them unless the evidence is undisputed.

Moss v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hussey v. City of Cambridge
First Circuit, 2025
MacRae v. Mattos
D. Massachusetts, 2023
Hussey v. City of Cambridge
D. Massachusetts, 2022
Green v. Finkelstein
S.D. Florida, 2021
McCullars v. Maloy
369 F. Supp. 3d 1230 (M.D. Florida, 2019)
Cochran v. City of Atlanta
289 F. Supp. 3d 1276 (N.D. Georgia, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
704 F. App'x 848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snipes-v-volusia-county-ca11-2017.