Willingham v. City of Valparaiso

97 F. Supp. 3d 1345, 2015 U.S. Dist. LEXIS 34294
CourtDistrict Court, N.D. Florida
DecidedMarch 19, 2015
DocketCase No. 3:11cv542-MW/CJK
StatusPublished
Cited by4 cases

This text of 97 F. Supp. 3d 1345 (Willingham v. City of Valparaiso) is published on Counsel Stack Legal Research, covering District Court, N.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Willingham v. City of Valparaiso, 97 F. Supp. 3d 1345, 2015 U.S. Dist. LEXIS 34294 (N.D. Fla. 2015).

Opinion

ORDER GRANTING IN PART AND DENYING IN PART JUDGMENT AS A MATTER OF LAW

MARK E. WALKER, District Judge.

This is a civil rights case. Plaintiff Matthew Willingham sued the City of Valparaiso for discharging him in retaliation for exercising his First Amendment rights. Mr. Willingham specifically alleges that City Mayor John Arnold fired him because he expressed constitutionally protected speech and for his political associations.

After Mr. Willingham was fully heard at trial and before the case was submitted to the jury, the City moved for judgment as a matter of law on various issues. ECF No. 289 at 145.1 Thé motion was denied and the jury returned both counts in Mr. Will-ingham’s favor.

The City now ■ renews its motion for judgment as a matter of law or, in the alternative, motion for a new trial.' ECF Nos. 303-305. After considering the parties’ arguments, the motion is granted in part and denied in part.

FACTS2

In May 2006, Mr. Willingham was hired as Police Captain by the City’s police department. See ECF No. 291 at 76; ECF No. 290 at 236. His job responsibilities included enforcing certain City codes. ECF No. 291 at 83-84. No one, not even Mayor Arnold, has ever disputed that Mr. Willingham overall was a good cop.

Mr. Willingham concurrently owned and operated a personal seafood business; “Willingham Seafood.” The shop was a local watering hole where townsfolk, including various City employees and officials, would purchase food and often discuss City politics. See, e.g., ECF No. 290 at 297.

Among them was Douglas Wyckoff, the City Attorney. He and Mr. Willingham were friends until they had a falling out [1348]*1348when Mr. Willingham informed him that he was no longer welcome at Willingham Seafood. Mr. Willingham accused him of having a drinking problem. The City Attorney would later become Mr. Willing-ham’s enemy.

Commissioner Brent Smith was another regular at Willingham Seafood. Id. He and Mr. Willingham were close friends. This was well known. Commissioner Smith disagreed with the Mayor on various issues. Constantly challenging Mayor Arnold produced what Commissioner Smith described as a “strained” relationship. Id. at 291.

Commissioner Smith intended to dethrone Mayor Arnold. After an unsuccessful bid for mayor in 2006, he ran again in March 2010. Id. at 290. Commissioner Smith announced his candidacy sometime in the fall of 2009. Mr. Willingham failed to show that this announcement occurred before he was terminated. Mayor Arnold, for his part, acknowledged that he assumed that Commissioner Smith would likely run against him and that Mr. Will-ingham supported him. See ECF No. 289 at 130-31. There is no evidence, however, that Mayor Arnold was aware that Commissioner Smith officially announced sometime in fall 2009. See ECF No. 290 at 316-17.

There also is no evidence that prior to his termination, Mr. Willingham actively campaigned and supported Commissioner Smith in the 2010 mayoral race. Commissioner Smith, for example, testified that in spring 2008 he hosted a political rally for which he used Willingham Seafood’s catering services. Id. at 339-341. This rally took place more than a year and a half before Mr. Willingham was disciplined and was completely unrelated to the mayoral race. See id. at 343^4. At the time of his termination, Mr. Willingham’s “participation” in Commissioner Smith’s campaign was limited to discussing political issues at Willingham Seafood. Additionally, there is no evidence that Mayor Arnold was aware of any active participation by Mr. Willingham in Commissioner Smith’s campaign.

The City hired Carl Scott as City Administrator in 2009. ECF No. 288 at 25-26. He revamped code enforcement in the City, setting out to bring the City into compliance with state regulations. His task included assessing the proper zoning of properties in the City and filing a report.

City Administrator Scott also sought to enforce certain previously unenforced City codes. Id. at 27-31. At the time, the City’s police was partially responsible for code enforcement.3 ECF No. 291 at 83. On October 4, 2009, Mr. Willingham, as Captain, met with Chief of Police Joe Hart and City Administrator Scott to discuss a list of pending building code violations. City Administrator Scott wanted Mr. Will-ingham to enforce certain codes. ECF No. 288 at 32. Mr. Willingham expressed reservations about both the use of police to inspect property for building code violations and the sudden enforcement of previously unenforced code provisions against existing businesses. The three agreed to take the issue to the City Commission at its upcoming meeting. ECF No. 291 at 124.

The next day, October 5, 2009, City Administrator Scott gave Mr. Willingham a letter citing his seafood business for multiple code violations. See id. at 95-96; ECF No. 288 at 39-45 (describing the alleged [1349]*1349violations). This added a dimension to Mr. Willingham’s perception of the code enforcement strategy proposed by City Administrator Scott. Following the citation, Mr. Willingham counted himself among the businesses he felt were subject to the sudden and unfair application of previously unenforced code provisions.

Mr. Willingham attended a City Commission meeting on October 12, 2009. See Mr. Willingham’s Trial Ex. 46. During the Commission’s discussion of a pending resolution to designate Carl Scott as a “code enforcement officer,” Mr. Willingham asked for an opportunity to address the Commission. Mr. Willingham, who went in plain clothes, identified himself as a business owner and provided the address of Willingham Seafood. He did not attend as “Captain Willingham,” nor did he speak on behalf of the police department. See id.

Mr. Willingham started out by explaining that he did not think the City Administrator should be given enforcement responsibility. He then discussed his own negative experiences with the City Administrator acting as code enforcer. He concluded by offering his general concerns with empowering the City Administrator with code enforcement authority. See id.

Mr. Willingham testified that he addressed the Commission because he was “concerned about the aggressive approach that [City Administrator Scott] was about to take on a bunch of businesses in [the City].” ECF No. 291 at 97. He believed that widespread citations like the one against Willingham Seafood would “have a major financial impact in [the] community.” Id. Although Mr. Willingham referenced his own citation as an example in his message to the Commission, his overarching objection was to enforcement actions against businesses within the City.

In a letter dated October 14, 2009, May- or Arnold informed Mr. Willingham that he was “considering” his termination. Then, by letter dated October 28, 2009, Mayor Arnold terminated Mr. Willingham, stating that Mr. Willingham’s code violations constituted “illegal conduct” and that his conduct was “even more shocking and abhorrent given [his] employment as a Captain in the Valparaiso Police Department in charge of Code Enforcement.” Mr. Willingham’s Trial Ex. 39, at 2. Mayor Arnold concluded by telling Mr. Willing-ham that he had the right to appeal the termination, which he did.4 Id. at 3.

Mr.

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97 F. Supp. 3d 1345, 2015 U.S. Dist. LEXIS 34294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willingham-v-city-of-valparaiso-flnd-2015.