Thomas J. Quinn v. John F. Shirey, City Manager City of Cincinnati Robert Bedinghaus John Dowlin Thomas Neyer David Krings Hamilton County

293 F.3d 315, 18 I.E.R. Cas. (BNA) 1356, 2002 U.S. App. LEXIS 10964, 2002 WL 1270193
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 10, 2002
Docket00-4250
StatusPublished
Cited by127 cases

This text of 293 F.3d 315 (Thomas J. Quinn v. John F. Shirey, City Manager City of Cincinnati Robert Bedinghaus John Dowlin Thomas Neyer David Krings Hamilton County) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thomas J. Quinn v. John F. Shirey, City Manager City of Cincinnati Robert Bedinghaus John Dowlin Thomas Neyer David Krings Hamilton County, 293 F.3d 315, 18 I.E.R. Cas. (BNA) 1356, 2002 U.S. App. LEXIS 10964, 2002 WL 1270193 (6th Cir. 2002).

Opinion

OPINION

CLAY, Circuit Judge.

Plaintiff, Thomas J. Quinn, appeals the district court’s September 12, 2000 order dismissing his complaint pursuant to Fed. R.Civ.P. 12(b)(6) against the following Defendants: the City of Cincinnati and City Manager John F. Shirey; Hamilton County and the following county board members: Robert Bedinghaus, John Dowlin, and Thomas Neyer (collectively referred to as “Board” or “Board of Commissioners”); and Hamilton County Administrator David Krings. Plaintiff alleges that Defendants violated his constitutional due process rights by publicly making stigmatizing comments about him and then forcing him to resign without affording him due process in the form of a name-clearing hearing. The district court dismissed Plaintiff’s complaint because of his failure to allege that he had requested a name-clearing hearing. For the reasons set out below, we AFFIRM.

BACKGROUND

Procedural History

On July 20, 1999, Plaintiff filed a complaint against Defendants alleging that Plaintiffs constitutionally protected liberty interest in his reputation was infringed when he was forced to resign from his position as director of the Metropolitan Sewer District (“MSD”) amid publicized comments made by Defendants who charged that Plaintiff had engaged in questionable or possibly illegal activities. 1 Plaintiff sought, inter alia, compensatory and punitive damages and a name-clearing hearing. On September 17, 1999, the County Defendants filed an answer. On December 10, 1999, the City Defendants filed a motion to dismiss Plaintiffs complaint. The County Defendants did not join the City Defendants’ motion to dismiss or file a motion to dismiss of their own. Plaintiff filed a memorandum in opposition to the City Defendants’ motion to dismiss on February 28, 2000. On September 12, 2000, the district court granted the City Defendants’ motion and dismissed Plaintiffs complaint in its entirety as to all Defendants. Plaintiff filed a timely notice of appeal on October 6, 2000.

Facts

Since 1968, Hamilton County and the City of Cincinnati have jointly operated the MSD. Under an agreement entered into by those two entities, Cincinnati performs the day-to-day management of the MSD. However, the Board retains ultimate authority and control over the MSD, including managerial responsibility for adopting rules and regulations and legislation for the MSD. Although Plaintiff was “designated” a city employee, he alleges that he also had “reporting responsibilities” to the Board.

*318 Plaintiff alleges that beginning in the spring of 1997 and continuing through April 1998, city and county officials publicly issued disparaging statements regarding Plaintiff and his mismanagement of the MSD. He contends that the comments “implied, suggested or conveyed the impression that [he] was an unprincipled, unscrupulous, self-serving and hence a corrupt public administrator who had bent or ignored rules and misused his public office to the professional, political and financial advantage of himself and his friends.” (J.A. at 5, ¶ 11.) The alleged comments include: (1) a Cincinnati internal auditor stating that an agreement negotiated by Plaintiff between the MSD and an independent contractor, while not illegal, served no valid purpose and should be discontinued; (2) a city council person questioning the propriety of Plaintiff serving on a board which supervised work Plaintiffs wife performed for the city; (3) the same council person calling for “the appointment of a special prosecutor to investigate what media reports characterized as ‘allegations of wrongdoing’ and ‘alleged improprieties’ ”; (4) Defendant Bedin-ghaus commenting that he was not confident the Board had received the-“complete story” regarding the issue of whether the waiver of sewer tap-in fees had been proper and calling Plaintiffs response to inquiries “troublesome;” (5) statements by the Board and city officials that they were going to order an audit of the MSD or that such an audit was appropriate for the period of Plaintiffs tenure; (6) the Board’s announcement that it had hired a former FBI agent and white collar crime specialist to investigate allegations of illegal conduct by Plaintiff and the MSD; (7) Defendant Bedinghaus commenting that Plaintiff “had trampled over the intentions of the Board,” and that “the embarrassments” created by Plaintiff were of a “career ending” nature; (8) statements by the media that a grand jury had been investigating “charges of wrongdoing” by the MSD and Plaintiff and that the “probe” had “deepened from charges of bad management to potential criminality;” and (9) other statements by city officials calling for Plaintiffs termination and/or suggesting that he should be terminated. (J.A. at 9-11, ¶ 12.)

Plaintiff alleges that on April 28, 1998, he communicated with Defendant Shirey that he was innocent of all allegations and “requested that the City defer any action on the resolution to fire [him] pending conclusion of these audit and grand jury investigations.” Despite his request, Shi-rey allegedly told Plaintiff that he would fire him unless Plaintiff submitted his resignation the following morning. Plaintiff alleges that he submitted his resignation because of Shirey’s ultimatum and the criminal and civil investigations launched by Defendants. Plaintiff alleges that for the good of the city and the county, he felt constrained to tender his resignation, which he did on April 29,1998.

DISCUSSION

I.

This Court reviews de novo a district court’s dismissal of a complaint under Rule 12(b)(6). Hammons v. Norfolk S. Corp., 156 F.3d 701, 704 (6th Cir.1998) (citing Merriweather v. City of Memphis, 107 F.3d 396, 398 (6th Cir.1997)). The Court must “construe the complaint in the light most favorable to the plaintiff and determine whether the plaintiff undoubtedly can prove no set of facts in support of the claims that would entitle him to relief.” Blakely v. United States, 276 F.3d 853, 863 (6th Cir.2002) (quoting Gregory v. Shelby County, Tenn., 220 F.3d 433, 446 (6th Cir.2000)). Further, the allegations must be construed in the light most favorable to *319 the plaintiff. Mertik v. Blalock, 983 F.2d 1353, 1355 (6th Cir.1993).

II.

Plaintiff contends that the district court erred in dismissing his complaint for several reasons. He argues that neither the Supreme Court nor other circuits follow this circuit’s rule of requiring a plaintiff to request a name-clearing hearing as a prerequisite to bringing a suit alleging deprivation of a liberty interest under the due process clause. He argues that such a rule shifts the burden of implementing constitutional safeguards from the public employer to the employee.

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293 F.3d 315, 18 I.E.R. Cas. (BNA) 1356, 2002 U.S. App. LEXIS 10964, 2002 WL 1270193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-j-quinn-v-john-f-shirey-city-manager-city-of-cincinnati-robert-ca6-2002.