Workman v. Jordan

32 F.3d 475, 1994 WL 432267
CourtCourt of Appeals for the Tenth Circuit
DecidedAugust 16, 1994
DocketNos. 93-1138, 93-1178
StatusPublished
Cited by103 cases

This text of 32 F.3d 475 (Workman v. Jordan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Workman v. Jordan, 32 F.3d 475, 1994 WL 432267 (10th Cir. 1994).

Opinion

BRORBY, Circuit Judge.

The matter presented to this court on appeal is whether Sheriff Ed Jordan and Un-dersheriff Rick Dill should be granted qualified immunity against claims of due process and First Amendment violations. Sheriff Jordan and Undersheriff Dill appeal the district court’s denial of their request for qualified immunity against the due process claims. Robert Workman, the plaintiff, cross-appeals the district court’s dismissal of his First Amendment claim. We reverse in part and affirm in part.

BACKGROUND

We assume the following facts as alleged by the plaintiff are true. Robert Workman is a captain at the Weld County, Colorado, Sheriffs Department. In October 1989, Un-dersheriff Rick Dill served Captain Workman with a “Notice of Internal Investigation” after a female employee mentioned to another captain in the Sheriffs Department that Captain Workman made inappropriate comments to her. This notice advised Captain Workman he was being investigated for an allegation “if substantiated, may constitute sexual harassment.” Specific allegations were not included in the notice.

Undersheriff Dill directed an outside investigator, a member of the Greeley Police Department, to gather facts relating to Captain Workman’s alleged sexual harassment. The investigator questioned at least two female employees, as well as Captain Workman.

After the investigation produced evidence of harassment,1 Sheriff Jordan and Under-sheriff Dill notified Captain Workman of a hearing at which he would be required to respond to accusations against him and to the recommendation of his termination. Captain Workman attended the pretermination hearing, which was conducted by Under-sheriff Dill and Sheriff Jordan. After reviewing the results of the investigation with Captain Workman, Sheriff Jordan terminated Captain Workman’s employment. The Sheriff then sent Captain Workman a letter of termination explaining the reasons for the termination and advising Captain Workman of the available grievance procedure.

Captain Workman appealed his termination through the Weld County grievance procedure and was granted a posttermination [478]*478hearing. This hearing was conducted by an impartial Hearing Officer, and Captain Workman was represented by an attorney. The attorney presented evidence on Captain Workman’s behalf, made arguments, and examined and cross-examined witnesses.

The Hearing Officer issued a seven-page “Findings of Fact, Conclusions and Decision.” The Hearing Officer concluded “[s]ome of Captain Workman’s comments were vulgar, sexist, inconsiderate and inappropriate in the workplace”; however, his “actions did not rise to the level of sexual harassment by any definition available to the Hearing Officer.” The Hearing Officer reversed the termination and granted reinstatement with full back pay.

After Captain Workman returned to work, Undersheriff Dill and Sheriff Jordan placed a letter of reprimand in Captain Workman’s personnel file along with a “re-entry plan,” the letter of termination, and a poor evaluation. When Captain Workman later applied for a training session with the Federal Bureau of Investigation, he was denied admittance. The Federal Bureau of Investigation, after reading Captain Workman’s personnel file, banned him from participating in the educational program.

In November of 1990, Captain Workman sued Weld County, its sheriff, undersheriff, and other county employees for deprivation of constitutional rights pursuant to 42 U.S.C. § 1983. Captain Workman asserted deprivation of property and liberty interests without due process of law and alleged a violation of his First Amendment right to free speech. Captain Workman and his wife also brought state claims against the defendants. Under-sheriff Dill and Sheriff Jordan were sued in their individual and official capacities.

Sheriff Jordan and Undersheriff Dill moved to dismiss the federal claims against them on the grounds of qualified immunity. The district court initially reserved ruling on these motions to dismiss. On appeal of the district court’s decision to postpone ruling on the motions to dismiss, this court directed the district court to rule on the qualified immunity defenses. Workman v. Jordan, 958 F.2d 332 (10th Cir.1992). On remand, the district court held a hearing to evaluate the motions to dismiss. The district court denied the motions with respect to the due process claims but granted the motion to dismiss Captain Workman’s First Amendment claim.2 The district court entered a final judgment on the First Amendment claim pursuant to Fed.R.Civ.P. 54(b).

Sheriff Jordan and Undersheriff Dill appeal the district court’s denial of their motions to dismiss. Captain Workman cross-appeals the district court’s dismissal of his First Amendment claim against Undersheriff Dill and Sheriff Jordan.

JURISDICTION

This court has jurisdiction pursuant to the collateral order doctrine to review the district court’s denial of the qualified immunity motions to dismiss. 28 U.S.C. § 1291; Pueblo Neighborhood Health Ctrs., Inc. v. Losavio, 847 F.2d 642, 644 (10th Cir.1988) (citing Mitchell v. Forsyth, 472 U.S. 511, 526, 105 S.Ct. 2806, 2815-16, 86 L.Ed.2d 411 (1985)). The district court entered a final judgment pursuant to Fed.R.Civ.P. 54(b) on Captain Workman’s First Amendment claim; therefore, we also have jurisdiction over Captain Workman’s cross-appeal. 28 U.S.C. § 1291; see Curtiss-Wright Corp. v. General Electric Co., 446 U.S. 1, 7, 100 S.Ct. 1460, 1464, 64 L.Ed.2d 1 (1980) (district court must determine it is dealing with a “final judgment”).

We review de novo the district court’s denial of qualified immunity. Bella v. Chamberlain, 24 F.3d 1251, 1254 (10th Cir.1994); Powell v. Gallentine, 992 F.2d 1088, 1090 (10th Cir.1993).

QUALIFIED IMMUNITY

Qualified immunity protects public officials from individual liability in a § 1983 action unless the officials violated “clearly [479]*479established ... 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). Once a defendant to a § 1983 action raises a qualified immunity defense, the burden shifts to the plaintiff to show both facts and law to establish that the defendant is not entitled to a qualified immunity. Dixon v. Richer, 922 F.2d 1456, 1460 (10th Cir.1991).

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32 F.3d 475, 1994 WL 432267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/workman-v-jordan-ca10-1994.