Swanson v. Powers

937 F.2d 965, 1991 U.S. App. LEXIS 13110, 1991 WL 110336
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 25, 1991
DocketNo. 90-1110
StatusPublished
Cited by76 cases

This text of 937 F.2d 965 (Swanson v. Powers) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Swanson v. Powers, 937 F.2d 965, 1991 U.S. App. LEXIS 13110, 1991 WL 110336 (4th Cir. 1991).

Opinion

WILKINSON, Circuit Judge:

Helen Powers, former Secretary of Revenue for the state of North Carolina, faces potential liability of $140 million for her actions in enforcing the state revenue code. According to complainant taxpayers, Secretary Powers collected taxes from them during a four-year period when she should have known that to do so violated both the constitutional doctrine of intergovernmental tax immunity and the Public Salary Tax Act of 1939. Because the law that plaintiffs claim Powers violated was not clearly established at the time, however, we hold that she is entitled to immunity from suit and reverse the judgment of the district court.

I.

Under -North Carolina law as of early 1989, former state and local government employees received a state income tax exemption for the full amount of their retirement benefits. Former federal civil service and military personnel could exempt up to $4000 of their retirement benefits. Private sector retirees in North Carolina received no exemptions, however.

On March 28, 1989, the United States Supreme Court reversed a decision of the Michigan Court of Appeals and declared unconstitutional a Michigan taxation scheme that was similar to North Carolina’s in that it granted state income tax exemptions to retired state employees, but not to either federal or private retirees. See Davis v. Michigan Dep’t of the Treasury, 489 U.S. 803, 109 S.Ct. 1500, 103 L.Ed.2d 891 (1989). The Court held that such a tax system discriminated against the federal government and thus violated the constitutional doctrine of intergovernmental tax immunity as well as the Public [967]*967Salary Tax Act of 1939, codified, as amended, at 4 U.S.C. § 111. That decision affected approximately twenty states which had enacted exemptions similar to those promulgated by Michigan.

Two weeks after the Davis decision was announced, plaintiffs brought a class action under 42 U.S.C. § 1983 on behalf of all federal retirees residing in North Carolina (the “Class A” plaintiffs), seeking a refund of unconstitutional taxes paid for the tax years 1985 through 1988. The suit named as defendants the North Carolina Department of Revenue as well as various state officers in both their official and individual capacities. Defendant Helen Powers was Secretary of the North Carolina Department of Revenue during the relevant period.1 Plaintiffs claimed that to give retired state employees a greater exemption than that granted to retired federal employees comprised unconstitutional discrimination under the doctrines underlying Davis. A second group of plaintiffs consisting of active-duty military personnel and reservists (the “Class B” plaintiffs) was later allowed to join the suit. They challenged a $1500 state income tax exemption granted to members of the North Carolina National Guard. While both classes of plaintiffs continue to pursue their claims against the state, they alternatively seek to hold Secretary Powers personally liable for the $140 million they claim to have overpaid.

Powers moved to dismiss the suit against her on the grounds of qualified immunity. Although she conceded that under Davis the unequal exemptions for federal and state retirees were unconstitutional,2 she claimed that her conduct in enforcing the North Carolina revenue statutes from 1985-88 did not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982). The district court denied the motion, ruling that the Supreme Court’s decision in Davis was “inevitable” and that Powers should have known that she was collecting unconstitutional taxes. In so holding, the court pointed to the “long-standing principles” underlying the decision in Davis, specifically, the doctrine of intergovernmental tax immunity and the Public Salary Tax Act of 1939.

Powers appeals from the court’s denial of her motion for dismissal.

II.

Government officials who are performing their official duties are generally shielded from liability for civil damages. Harlow, 457 U.S. at 818, 102 S.Ct. at 2738. Immunity from personal liability “reflects the concern that civil damages awards against public officers for every judicially determined violation of constitutional rights would prove too expensive to the public, discourage public service employment and impair governmental decision-making.” Tarantino v. Baker, 825 F.2d 772, 774 (4th Cir.1987). We believe that to hold Secretary Powers liable because she failed to accurately predict the outcome of the Davis decision would work a miscarriage of justice leading to exactly such unacceptable consequences.

In this section we examine the law as it existed prior to the Supreme Court’s decision in Davis and conclude that a reasonable state official would not have known that North Carolina’s tax system was unconstitutional because at that time the law was not clearly established. Section III discusses the Secretary’s potential liability to the Class A plaintiffs for her actions following Davis, and the final section examines aspects of the Class B plaintiffs’ claims.

A.

Only violations of those federal rights “clearly recognized in existing ease [968]*968law” will support an award in damages under 42 U.S.C. § 1983. Danenberger v. Johnson, 821 F.2d 361, 365 (7th Cir.1987). Public officials must be able to discharge their public duties free of an omnipresent fear of § 1983 liability. Only in that way can we be sure that government can continue to function efficiently while liability will fall properly upon only “the plainly incompetent or those who knowingly violate the law.” Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 1096, 89 L.Ed.2d 271 (1986).

This tolerance for a range of reasonable public actions is particularly important for those who must interpret often imprecise or incomplete legal precedent. “For the law, as lawyers best know, is full of perplexities.” Pennekamp v. Florida, 328 U.S. 331, 371, 66 S.Ct. 1029, 1049, 90 L.Ed. 1295 (1946) (Rutledge, J., concurring). The dockets of courts are testaments in a sense to the many questions that remain reasonably debatable. Holmes touched on this uncertain process when he defined “the law” as “[t]he prophecies of what the courts will do in fact, and nothing more pretentious.” O.W. Holmes, The Path of the Law, in The Common Law & Other Writings 173 (1982).

In interpreting qualified immunity then, we must appreciate the fact that the direction of the law may be difficult to ascertain.

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Bluebook (online)
937 F.2d 965, 1991 U.S. App. LEXIS 13110, 1991 WL 110336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swanson-v-powers-ca4-1991.