White v. City of Athens

169 F. Supp. 3d 1254, 2016 U.S. Dist. LEXIS 27721, 2016 WL 837736
CourtDistrict Court, N.D. Alabama
DecidedMarch 4, 2016
DocketCase No.: 5:14-cv-00445-MHH
StatusPublished
Cited by5 cases

This text of 169 F. Supp. 3d 1254 (White v. City of Athens) is published on Counsel Stack Legal Research, covering District Court, N.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
White v. City of Athens, 169 F. Supp. 3d 1254, 2016 U.S. Dist. LEXIS 27721, 2016 WL 837736 (N.D. Ala. 2016).

Opinion

MEMORANDUM OPINION

MADELINE HUGHES HAIKALA, UNITED STATES DISTRICT JUDGE

I. Introduction

This case is before the Court on the defendants’ motion to dismiss. Jason A. White claims the defendants retaliated against him for exercising his right to free speech under the First Amendment. Mr. White, a former member of the Athens Police Department, acted as a source for media reports concerning improprieties within the police department and expressed to his superiors support for the independent investigation of other officers. The defendants argue that Mr. White has failed to adequately allege legal bases for holding them liable for any purported retaliatory employment action. For the reasons discussed below, the Court will grant in part and deny in part the defendants’motion to dismiss.

II. Standard of Review

Rule 8(a)(2) of the Federal Rules of Civil Procedure states that a complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Under Rule 12(b)(6) of the Federal Rules of Civil Procedure, a defendant may move to dismiss a complaint for “failure to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). “Generally, to survive a [Rule 12(b)(6)] motion to dismiss and meet the requirement of Fed. R. Civ. P. 8(a)(2), a complaint need not contain ‘detailed factual allegations,’ but rather ‘only enough facts to state a claim to relief that is plausible on its face.’ ” Maledy v. City of Enterprise, 2012 WL 1028176, at *1 (M.D.Ala. March 26, 2012) (citation omitted) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). “Specific facts are not necessary; the statement need only ‘give the defendant fair notice of what the ... claim is and the grounds upon which it rests.’ ” Erickson v. Pardus, 551 U.S. 89, 93, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007) (quoting Twombly, 550 U.S. at 555, 127 S.Ct. 1955).

“Thus, the pleading standard set forth in Federal Rule of Civil Procedure 8 evaluates the plausibility of the facts alleged, and the notice stemming from a complaint’s allegations.” Keene v. Prine, 477 Fed.Appx. 575, 583 (11th Cir.2012). “Where those two requirements are met ... the form of the complaint is not significant if it alleges facts upon which relief can be granted, even if it fails to categorize correctly the legal theory giving rise to the claim.” Id. When deciding a motion to dismiss, the Court must assume the truth of the factual allegations in the complaint and [1260]*1260view those allegations in the light most favorable to the plaintiff. Adinolfe v. United Tech. Corp., 768 F.3d 1161, 1169 (11th Cir.2014).

In assessing the sufficiency’ of a complaint, the Court may consider only “the well-pleaded factual allegations, documents central to or referenced in the complaint, and matters judicially noticed.” La Grasta v. First Union Sec., Inc., 358 F.3d 840, 845 (11th Cir.2004). In accordance with Federal Rule of Evidence 201 and the Court’s previous ruling, the Court will take judicial notice of the City of Athens Code of Ordinances and the City of Athens Personnel Policies and Procedures. (Doc. 32); Fed. R. Evid. 201 (“The court may judicially notice a fact that is not subject to reasonable dispute because it: (1) is generally known within the trial court’s territorial jurisdiction; or (2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.”).

III. Factual and Procedural Background

The City of Athens hired Jason White in April 1999 as a police officer in the Athens Police Department. (Doc. 25, ¶ 12). Mr. White served with distinction, and the police department promoted him to sergeant in June 2005. (Doc. 25, ¶¶ 13-15). Shortly after his promotion, Mr. White became the supervisor of the department reserve unit. (Doc. 25, ¶¶ 17-20). Mr. White transferred to the general investigations unit as a detective sergeant in July 2006 and began to learn about some of the police department’s “unsavory secrets.” (Doc. 25, ¶¶ 21-23).

In the summer of 2009, the Athens Police Department was rocked by scandal. (Doc. 25, ¶ 24). Tracy Harrison, then a captain in the police department, “covered up a DUI arrest made by the Department” after he received a call from the arrestee’s attorney. (Doc. 25, ¶¶ 24, 25). Captain Harrison deleted police department records; used a police car to pull over a U.S. mail carrier to obtain and destroy records that were en route to the Alabama Department of Public Safety; and asked arresting officer Jason Threet to lie about the arrest. (Doc. 25, ¶¶ 24-28). Captain Harrison enlisted the help of Officer Threet and Lieutenant Pressnell to assist in the cover up, after which Officer Threet was promoted to sergeant. (Doc. 25, ¶¶ 26-29). The Alabama Attorney General’s Office investigated these incidents, and Chief of Police Harper formally reprimanded Captain Harrison and Officer Threet. (Doc. 25, ¶¶ 30-32).

As the scandal unfolded, Mr. White communicated with Decatur Daily reporter Holly Hollman about the police department’s cover-up of the Harrison corruption scandal and another incident involving a DA investigator fighting in public. (Doc. 25, ¶ 33). Local officials were not happy that an insider had contacted the media about the scandal. Mr. White met with Athens City Council President William R. Marks1 in Mr. Marks’s home in the fall of 2009. (Doc. 25, ¶¶ 35-38). Mr. Marks told Mr. White that “whoever called the media [regarding the Harrison scandal] ... [was] looking at serious trouble.” (Doc. 25, ¶ 39). Two weeks after Mr. White met with Mr. Marks, Chief Harper and Lieutenant Floyd Johnson interrogated all police department investigators to determine who reported Captain Harrison to the Alabama Attorney General’s Office and the media. (Doc. 25, ¶40).

In 2010, Chief Harper interrogated Mr. White again about Mr. White’s knowledge of and dealings with local reporters. (Doc. 25, ¶41). During the interrogation, Mr. White stated that he supported reporting Captain Harrison’s actions. (Doc. 25, ¶ 45). [1261]*1261Lieutenant Johnson attended the interrogation.2 (Doc. 25, ¶ 42).

Soon after this meeting, the police department retaliated against Mr. White by removing him from his supervisory position in the police department’s honor guard. (Doc. 25, ¶ 49). Mr. White was removed from his supervisory position even though Chief Harper stated Mr. White had performed satisfactorily. (Doc. 25, ¶¶ 50-51). In January 2011, Mr.

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Bluebook (online)
169 F. Supp. 3d 1254, 2016 U.S. Dist. LEXIS 27721, 2016 WL 837736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-city-of-athens-alnd-2016.