Thomas Cannon v. Village of Bald Head Island
Opinion
In August 2014, the Village of Bald Head Island, N.C. ("Bald Head"), fired Plaintiffs Thomas Cannon, Jesse Conner, Donald Koons, and Nicholas Terrell (collectively, the "Officers")-who worked for Bald Head's Department of Public Safety (the "Department")-for the content of messages the Officers sent in a private text-message chain. Approximately one year later, the Officers filed suit against Bald Head, its town manager Calvin Peck ("Peck"), and its director of public safety *494 Dr. Caroline Mitchell ("Mitchell," and collectively with Bald Head and Peck, "Defendants"), asserting that the terminations violated their First Amendment rights, and that subsequent public disclosures by Bald Head explaining the bases for the terminations constituted defamation and violated the Officers' Fourteenth Amendment rights to procedural due process. After the parties completed discovery, Peck and Mitchell, who were responsible for the firings and subsequent disclosures, unsuccessfully moved to dismiss the Officers' constitutional claims on the basis of qualified immunity.
For the reasons that follow, we affirm the district court's denial of qualified immunity regarding the alleged due process violations. However, we conclude that the district court erred in holding that Peck and Mitchell were not entitled to qualified immunity as to the Officers' First Amendment retaliation claims. In particular, the Officers' evidence does not establish beyond debate that the Officers' interest in speaking freely outweighed the Department's interest in maintaining order and discipline. Accordingly, we affirm in part, reverse in part, and remand the case to the district court for further proceedings consistent with this opinion.
I.
A.
The Department combines Bald Head's firefighting, paramedic, and police departments in a single multi-disciplinary group of emergency personnel. From July 25 to August 15, 2014, the Officers engaged in a group text-message chain with several other members of the Department. The group text messages discussed a wide variety of topics. A number of messages concerned a local news article, which was published on August 6, in which Mitchell reportedly said that all but two officers in the Department were certified to perform the four emergency services for which the Department is responsible: firefighting, emergency medicine, water rescue, and law enforcement. Many of the Officers questioned the veracity of that claim, identifying a number of Department employees who lacked one or more of the certifications. And several messages expressed concern that the Department was providing inadequate training to public safety officers. See J.A. 322 (Officer Conner expressing concern that staff is not "doing first in engine drills"); id. (Officer Terrell expressing concern that Department official responsible for training only sends officers to law enforcement training, not the training required for the other services provided by the Department).
Messages in the chain also questioned certain officers' competence to perform various emergency services. For example, Officer Conner expressed concern about the Department's lack of "worr[y] that people who claim to be ems can't take a blood pressure" or that employees engaged in firefighting "have no real fire experience" and had not attended "a controlled training burn." Id. In addition to the messages questioning Mitchell's representations regarding the Department's training, several other messages questioned the Department's leadership. For example, Officer Terrell questioned the decision to promote another officer, Robin Wallace, to lieutenant, suggesting that Wallace lacked the ability to form a "plan of attack" to respond to a fire, medical emergency, or water rescue call. J.A. 342.
A number of the text messages also discussed non-safety-related topics, including workout tips, sexual gibes, and former coworkers. Several messages joked about hypothetical situations in "Colorado," which referred to Mitchell, who previously *495 lived in Colorado. J.A. 324-25. And one message, which was sent by an officer who is not a party to this action, included an image of a police officer with the meme: "Who am I? I'm the dude, playing a dude, disguised as another dude"-a reference to the movie Tropic Thunder . J.A. 340. That message elicited no response from anyone else on the text-message chain.
Mitchell learned of the text-message chain during a meeting with another public safety officer, Nick Hiatt ("Hiatt"), who also participated in the chain. There is a dispute of fact as to why Hiatt disclosed the text-message chain to Mitchell. According to Mitchell, Hiatt showed her the text messages while lodging a complaint that the Officers were acting unprofessionally and engaging in "harass[ment]." J.A. 209-10. By contrast, Hiatt averred that he "never made a complaint about the text messages," J.A. 307, and that he "did not indicate to ... Mitchell that [he] was offended, sexually harassed, [or] upset, or that [he] felt that the work environment was hostile or offensive," J.A. 304. Rather, Hiatt further averred that he showed Mitchell the text messages in order to demonstrate that "management and the rank and file employees and public safety officers did not have a good relationship; did not have good communication; did not have clear understandings of job duties and responsibilities; did not all have proper training; and [that he thought] this affected the public's safety." J.A. 303.
After obtaining a copy of the text-message chain, Mitchell consulted other members of the Department's command staff. Several members of the command staff expressed concern that certain messages in the chain seemed to derogatorily joke about Mitchell's sexual orientation, most notably the Tropic Thunder message. After receiving the command staff's input, Mitchell showed Peck the text-message chain and recommended terminating the Officers and one of their coworkers.
Peck agreed with Mitchell's recommendation to terminate the officers, largely because Peck "felt that the [text-message] conversation displayed a clear tone of hostility and insubordination towards ... Mitchell and the other members of the command staff." J.A. 61; see also J.A. 164 ("[The Officers] were terminated because they were jerks.... [T]hey were disrespectful ... of the chain of command."). Mitchell testified that she recommended terminating the Officers solely because she did not "want [the Officers] to be part of our [Department's] team." J.A. 220. She further testified that she did not make any other specific recommendation as to why the Officers should be fired.
After Peck and Mitchell decided to terminate the Officers, Bald Head's human resources director, Karen Williams, provided Peck and Mitchell with potentially relevant sections of Bald Head's personnel policy. Williams testified that Peck and Mitchell then "picked which [provisions in the personnel policy] applied to which officers." J.A. 403. After Peck and Mitchell "[c]onveyed those [choices] to [Williams], [Williams] drafted the [termination] letters based on [Peck and Mitchell's] direction." Id.
On August 28, 2014, Peck, Mitchell, and another member of the Department's command staff met with Officers Conner, Koons, and Terrell, and informed each Officer that he had been terminated by an immediate, final decision for participating in the text-message chain. Officer Cannon was unable to attend an in-person meeting, and therefore was fired by phone instead.
During the meetings, the Department provided each Officer with a termination letter listing various Bald Head policy violations. Each officer was terminated for "discourteous treatment of other employees"
*496 and "inappropriate electronic communications." J.A. 147-50. Officers Cannon, Koons, and Terrell also were terminated for "harassment." J.A. 147, 149, 150. And Officers Koons and Terrell were terminated for "sexual harassment" as well. J.A. 149-50. Each letter additionally indicated that the Officers' actions qualified as "detrimental personal conduct," which "is ... grounds for immediate termination" under Bald Head policy. J.A. 147-50. The day after the Officers' termination, local media requested copies of the letters, which Williams turned over because she believed doing so was necessary to comply with North Carolina's Public Records Act.
Several hours after the Officers' termination, Peck sent an email to all of Bald Head's full-time employees and all of the Department's part-time employees, which stated that "five officers have been released from employment ... based on violations of [Bald Head's] policies pertaining to harassment, sexual harassment, discourteous conduct and inappropriate electronic communications." J.A. 451. The email did not differentiate between each Officer's alleged policy violations. Additionally, Peck included the full text of Bald Head's policy regarding "[d]etrimental personal conduct"-one of the violations listed in all the Officers' termination letters-which is defined as "behavior of such a serious detrimental nature that the functioning of [Bald Head] may be or has been impaired; the safety of persons or property may be or have been threatened; or the laws of any government may be or have been violated." Id.
The next day, August 29, 2014, Mitchell filled out an affidavit of separation, or "Form F-5B," regarding each Officer's termination and, as required by law, submitted them to the North Carolina Criminal Justice Education and Training Standards Commission. Notwithstanding that the termination letters offered different grounds for terminating several of the Officers, on each Officer's Form F-5B Mitchell provided the same reason for termination: that "[a] complaint was filed with this agency ... involving inappropriate electronic communications that created a hostile work environment in violation of [Bald Head] policy." J.A. 268-75.
That same day, Officers Conner, Koons, and Terrell each sent a grievance letter to Peck, stating that "the grounds for which I was terminated were unfair and ... my job performance and personal conduct were not accurately represented." J.A. 278-80. Peck responded that "[t]here is no right to a grievance or appeal process." J.A. 300-02.
B.
Approximately one year after the firings, on August 26, 2015, the Officers filed the instant suit alleging, among several other claims, that Defendants violated (1) the First Amendment, by firing the Officers for engaging in speech on matters of public concern; (2) the Fourteenth Amendment, by failing to afford the Officers due process before publicly disclosing information that placed a stigma on their reputations, and (3) state law, by defaming the Officers.
On October 7, 2016, Peck and Mitchell moved for summary judgment, arguing that qualified immunity barred the Officers' First Amendment retaliation and Fourteenth Amendment due process claims. Defendants also moved for summary judgment on the Officers' defamation claims, on grounds that the Officers' evidence failed to create a triable issue of fact as to whether Defendants acted with actual malice in disclosing information regarding the Officers' termination. Peck and Mitchell also subsequently argued that their recent offer to conduct a name-clearing *497 hearing mooted the officers' request for injunctive relief.
In an opinion and order entered June 22, 2017, the district court granted summary judgment to Defendants on Officer Cannon's First Amendment retaliation claim, but held that qualified immunity did not bar the remaining First and Fourteenth Amendment claims.
Cannon v. Vill. of Bald Head Island, N.C.
, No. 7:15-CV-187,
II.
On appeal, Defendants assert that the district court erred in (A) denying Peck and Mitchell qualified immunity on the Officers' First Amendment retaliation claims; (B) denying Peck and Mitchell qualified immunity on the Officers' Fourteenth Amendment claims; (C) denying Defendants' summary judgment motion as to the Officers' defamation claims; and (D) refusing to dismiss as moot the Officers' request for injunctive relief regarding their Fourteenth Amendment claims. Given that this appeal arises from the district court's denial of summary judgment, we review each issue de novo, viewing all facts and reasonable inferences therefrom in favor of the Officers, as the non-moving party.
Hunter v. Town of Mocksville, N.C.
,
As noted above, Defendants' first two arguments require this Court to determine whether Peck and Mitchell are entitled to qualified immunity. "[Q]ualified immunity protects government officials 'from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' "
Pearson v. Callahan
,
For a right to be clearly established, there need not be "a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate."
A.
Defendants first argue that the district court erred in denying Peck and Mitchell qualified immunity from the Officers' First Amendment retaliation claim. As government employees, the Officers did "not relinquish all First Amendment rights otherwise enjoyed by citizens just by reason of [their] employment."
City of San Diego v. Roe
,
*498
When, as here, a government employee claims that he was terminated "because of his speech, we use a three-prong test to determine if the employee's rights under the First Amendment were violated."
Crouse v. Town of Moncks Corner
,
Peck and Mitchell do not dispute that the Officers' speech was a "substantial factor" in their termination. Rather, Peck and Mitchell argue that at the time of the Officers' termination, it was not clearly established that the statements in the Officers' text-message chain amounted to speech on a "matter of public concern," and, even if the text-message chain included speech on a matter of public concern, it was not clearly established that the Officers' interest in engaging in such speech outweighed Defendants' countervailing interest in order and discipline. Because ultimately we agree with Defendants' latter argument, we assume without deciding that the Officers' speech addressed matters of public concern.
In addressing Defendants' latter argument, we must determine whether it was clearly established that the Officers' interest in First Amendment expression outweighed Defendants' interest in maintaining order and discipline within the Department.
See
Pickering v. Bd. of Educ. of Twp. High School Dist. 205
,
In analyzing that question, " 'we must take into account the context of the employee's speech' and 'the extent to which it disrupts the [Department's] operation and mission.' "
Ridpath
,
whether a public employee's speech (1) impaired the maintenance of discipline by supervisors; (2) impaired harmony among coworkers; (3) damaged close personal relationships; (4) impeded the performance of the public employee's duties; (5) interfered with the operation of the institution; (6) undermined the mission of the institution; (7) was communicated to the public or to coworkers in private; (8) conflicted with the responsibilities of the employee within the institution; and (9) abused the authority and public accountability that the employee's role entailed.
*499
As the multi-factorial test suggests, we have recognized that
Pickering
's "particularized balancing ... is subtle [and] difficult to apply."
Cromer v. Brown
,
Acknowledging that the fact-specific nature of the
Pickering
inquiry often leads courts to conclude that a defendant is entitled to qualified immunity from a First Amendment retaliation claim, the district court nonetheless held that this Court's opinions in
Cromer
and
Ridpath
clearly established that the balance of interests weighed in the Officers' favor.
Cannon
,
There are several material differences between the instant case and
Cromer
that preclude
Cromer
from clearly establishing that the balance of interests weighs in the Officers' favor here. To begin, unlike the letter at issue in
Cromer
-which both aspired to bring to the police department's leadership concerns about discriminatory treatment and made specific suggestions about how the department could improve its treatment of black officers,
see
Ridpath
, which addressed qualified immunity in the context of a motion to dismiss, is even more factually and legally dissimilar. There, a public university relieved its athletics compliance director of teaching duties, allegedly because, during a National Collegiate Athletics Association ("NCAA") investigation, the compliance director brought to light violations of NCAA rules by the university and questioned the university's handling of those violations.
Ridpath
,
For several reasons,
Ridpath
did not clearly establish that the
Pickering
balancing weighs in the Officers' favor here. First,
Ridpath
involved a motion to dismiss, not a motion for summary judgment. Accordingly,
Ridpath
assessed the
Pickering
balancing in absence of any evidence rebutting the alleged lack of impact on workplace discipline and morale.
Accordingly, neither
Cromer
nor
Ridpath
rendered it "beyond debate,"
al-Kidd
,
B.
We now turn to the district court's denial of qualified immunity to Peck
2
regarding the Officers' due process claims,
i.e.
, that Peck violated the Fourteenth Amendment by failing to afford the Officers adequate process before publicly disclosing the reasons for their discharge. Public employees, even when lawfully discharged, enjoy the "freedom to take advantage of other employment opportunities."
Bd. of Regents of State Colls. v. Roth
,
There are two components to a claim that a governmental employer violated a former employee's Fourteenth Amendment rights by publicly disclosing the reasons for the employee's discharge.
See
Segal v. City of N.Y.
,
Second, the employee "must demonstrate that [his] liberty was deprived without due process of law."
Segal
,
With this legal framework in mind, we now must determine (1) whether, under clearly established law, the Officers were deprived of a protected liberty interest and (2) if so, whether, under clearly established law, the Officers were deprived of that interest without due process of law.
1.
To determine whether the Department deprived the Officers of a protected liberty interest, we first must determine whether the challenged disclosures "placed a stigma on [the Officers'] reputation[s]."
Here, the Officers' termination letters and the email to all Bald Head employees regarding the Officers' termination included allegations of "harassment," "sexual harassment," and "detrimental personal conduct."
Cannon
,
Peck argues that the disclosures did not impose a constitutionally cognizable "stigma" on the Officers' reputations because the allegations in the letters did not "effectively foreclose [the Officers] from finding future public employment." Appellants' Br. 40-41 (noting that, as a matter of fact, the Officers later "secured ... employment"). But in
Sciolino
this Court held that "[a] public employer who fires ... an employee in a manner that sullies the employee's good name and
restricts
his future employment opportunities deprives him of important liberty interests protected by the Fourteenth Amendment."
This Court decided Sciolino , Ledford , Ridpath , and the other cases cited above years before the Department discharged the Officers and disclosed the grounds for their termination. Accordingly, under our qualified immunity analysis, it was clearly established at the time of the disclosures that the disclosed allegations would place a constitutionally cognizable stigma on the Officers' reputations.
Second, we turn to the liberty interest requirement "that the charges against [the Officers] ... were made public by the employer."
Sciolino
,
The district court found-and we agree-that, under the
Sciolino
standard, Peck made public the charges against the Officers in several ways, including by sending the Officers' termination letters to the news media and sending the email to all full-time Bald Head employees and part-time Department personnel stating that the Officers were terminated for "harassment," "sexual harassment," and "detrimental personal conduct."
Cannon
,
Peck argues that, at the time of the Officers' discharge, this Circuit's precedent did not clearly establish that Defendants made the charges "public" because "the North Carolina Public Records Act and N.C. Gen. Stat. § 160A-168(b)(11) required [Defendants] to produce [the Officers'] termination letter[s]," rendering the disclosures non-"voluntary" and thereby not in contravention of due process. Appellants' Br. 40. We disagree. In particular, Peck's voluntariness argument applies to the disclosure of the termination letters to the media only . Accordingly, even if Peck is correct that it was not clearly established that the disclosure to the media of the termination letters amounted to a liberty interest deprivation, it would in no way preclude the Officers' Fourteenth Amendment claims from proceeding against Peck based on the email he voluntarily disseminated to all Bald Head employees. Additionally, there is no dispute that Defendants placed the termination letters in the Officers' personnel files, meaning that any prospective employer who sought and received the Officers' personnel files would receive the termination letters.
Recall that
Sciolino
held that a discharged employee must demonstrate "a
likelihood
that prospective employers (i.e., employers to whom he will apply) or the public at large will inspect the [stigmatizing] file."
Sciolino
,
This Court decided
Sciolino
and
Ledford
years before Defendants discharged the Officers and disclosed the termination letters and sent the email regarding the terminations to all Bald Head employees. Accordingly, notwithstanding Peck's disclosure to the media of the Officers' termination letters, the availability upon request of those same letters from the Officers' personnel file may give rise to a constitutionally cognizable public disclosure.
Sciolino
,
With the first two liberty interest requirements satisfied, Peck concedes that the Officers' evidence satisfied the third
Sciolino
element-that the stigmatizing statements were made in conjunction with the Officers' termination. Accordingly, the remaining inquiry focuses on the fourth
Sciolino
element-whether the Officers' evidence established that the "the charges against [the Officers] ... were false."
In support of this argument, Peck relies on the Supreme Court's decision in
Codd v. Velger
,
Contrary to Peck's argument,
Codd
has no bearing on this case. As the district court correctly explained, "here the falsity alleged is not the falsity of the characterization of the conduct or speech of [the Officers], but rather the falsity of the reasons for terminating [the Officers] as listed in the termination letters [and] email."
Cannon
,
The district court further concluded-and we agree-that the Officers repeatedly have alleged that the termination letters and the email to Bald Head employees include false statements.
See
Further, Peck's email to the Bald Head employees stated that "five officers have been released from employment this morning based on violations of [Bald Head] policies pertaining to harassment, sexual harassment, discourteous conduct and inappropriate electronic communications," J.A. 451, thereby suggesting that Defendants fired the Officers for the same reasons. Yet, the termination letters for some of the officers do not mention "harassment" or "sexual harassment," and none of the Officers' Forms F-5B mentions "harassment" or "sexual harassment." Indeed, the reasons provided in the termination letters, the Forms F-5B, the email to Bald Head employees, and Peck's testimony are inconsistent with each other, meaning that the Officers have satisfied their burden to create a triable issue of fact as to whether the stigmatizing disclosures were false.
* * * * *
In sum, we conclude that under clearly established precedent, Peck made public false and stigmatizing charges regarding the grounds for the Officers' termination. This satisfies Sciolino 's four prongs, thus demonstrating deprivation of the Officers' constitutionally cognizable liberty interests under clearly established law.
2.
Having concluded that this Court's decisions clearly established that Peck deprived the Officers of a liberty interest, we now must determine whether, under clearly established law, the Officers were deprived of that interest "without due process of law."
Segal
,
Peck nonetheless asserts that the failure to afford the Officers a name-clearing hearing does not amount to a violation of clearly established law for two reasons: (1) he "w[as] not required to provide [the Officers] with an adversarial pre-termination hearing," Appellants' Br. 42, and (2) "[the Officers] had alternative processes to contest the contents of the termination letter[s]," id. at 41. We disagree.
We note at the outset that Peck did not argue before the district court that he did not need to provide an adversarial pre-termination name-clearing hearing. Because Peck did not raise that argument below, it is not properly before us. See, e.g. , CoreTel Va., LLC , 808 F.3d at 988. 3
*506
Nevertheless, even if Peck had properly raised that argument, it would fail. In
Sciolino
, this Court clearly established that "[a]n opportunity to clear your name
after
it has been ruined by dissemination of false, stigmatizing charges
is not
'
meaningful
.' "
Sciolino
,
Peck's second argument pertaining to the adequacy of the process afforded-that an alternate state-law process provided the Officers an opportunity to contest the claims in the termination letters-fares no better. The state statute upon which Peck relies, N.C. Gen. Stat. § 160A-168(d), requires municipalities to "establish procedures whereby an employee who objects to material in his [personnel] file on grounds that it is inaccurate or misleading may seek to have the material removed from the file or may place in the file a statement relating to the material." Peck concedes that this argument applies to the defamatory statements in the termination letters only. See Appellants' Br. 41. And by its terms, the only remedy afforded by Section 160A-168(d) is removal of the termination letters from the personnel file or placement of notes in the personnel file .
Here, Peck did not just place the termination letters in the Officers' personnel files; Peck disclosed the allegedly false and stigmatizing letters
to the media
. And Peck made further disclosures of false and stigmatizing statements regarding the grounds for the Officers' termination in his email to Bald Head employees. Accordingly, regardless whether Section 160A-168(d) provides constitutionally adequate process to remedy any defamatory and stigmatizing information in the Officers' personnel file, it does not provide the Officers' with
any
process to remedy the false disclosures at issue here, let alone the constitutionally mandated name-clearing hearing.
See
Johnson
,
* * * * *
In sum, under clearly established law, Peck's disclosure of the allegedly false and stigmatizing termination letters and email to Bald Head employees deprived the Officers of a constitutionally cognizable liberty interest. And this Court's precedent also clearly establishes that Peck did not afford the Officers due process of law because Peck did not afford the Officers a name-clearing hearing before disseminating the false and stigmatizing materials. Accordingly, we affirm the district court's denial of qualified immunity regarding the Officers' Fourteenth Amendment liberty interest claims.
*507 C.
Defendants next argue that the district court erred in denying their motion for summary judgment on the Officers' defamation claims. However, because the officers' defamation claims are separate from our consideration of qualified immunity, we must first confirm that we have jurisdiction over this discrete aspect of Defendants' appeal.
Unlike a denial of qualified immunity, which is immediately appealable despite its interlocutory status,
Johnson v. Fankell
,
Defendants assert that this Court can exercise pendent appellate jurisdiction over the Officers' libel claims because those claims are "intertwined" with the district court's qualified immunity determinations, which are properly before this Court. "Two separate rulings are 'inextricably intertwined' if the 'same specific question' will 'underlie both the appealable and the non-appealable order,' such that resolution of the question will necessarily resolve the appeals from both orders at once."
Scott v. Family Dollar Stores, Inc.
,
On appeal, Defendants argue that in refusing to dismiss the Officers' defamation claim "the district court erred in holding that [the Officers] offered sufficient evidence of actual malice to survive summary judgment." Appellants' Br. 50. Under the Supreme Court's decision in
New York Times v. Sullivan
, public officials-like the Officers-must prove by clear and convincing evidence that a defendant made an allegedly defamatory statement with actual malice,
i.e.
, "with knowledge that it was false or with reckless disregard of whether it was false or not."
Whether Defendants acted with actual malice in disclosing the termination letters and Forms F-5B and sending the email to Bald Head employees is not inextricably intertwined with the district court's denial of qualified immunity to Peck and Mitchell on the Officers' First and Fourteenth Amendment claims. In particular, resolving Peck and Mitchell's qualified immunity
*508
appeals does not require that we determine that Defendants made the allegedly defamatory disclosures with a "high degree of awareness of ... probable falsity."
D.
Defendants' final argument is that the Officers' "prayer for injunctive relief on their liberty interest claim[s] should be dismissed as moot." Appellants' Br. 55. However, this remedies question is wholly unrelated to our qualified immunity inquiry. We therefore also lack pendent jurisdiction to consider Defendants' mootness argument.
See
Rux v. Republic of Sudan
,
III.
For the foregoing reasons, we affirm the district court's denial of qualified immunity to Peck regarding the alleged due process violations and reverse the district court's determination that Peck and Mitchell are not entitled to qualified immunity regarding the Officers' First Amendment claims. Because we lack jurisdiction to consider Defendants' defamation and mootness arguments, we dismiss those aspects of Defendants' appeal. Accordingly, we
DISMISS IN PART, AFFIRM IN PART, AND REVERSE AND REMAND IN PART.
Because we conclude it was not clearly established that the Officers' interest in speaking outweighed the Defendants' interests in maintaining discipline, we need not-and thus do not-address whether the Pickering balancing favored the Officers.
Although Peck and Mitchell together argue they are entitled to qualified immunity regarding the Officers' due process claims, below Mitchell argued that she was entitled to qualified immunity solely regarding the Officers' First Amendment claims.
See Cannon et al. v. Vill. of Bald Head
, 7:15-cv-00187-H, ECF No. 47, at 8-10. The district court therefore only addressed
Peck's
entitlement to qualified immunity regarding the Officers' due process claims.
Cannon
,
For the same reason, we decline to address Peck's argument that Officer Cannon's liberty interest claim "fail[s] because he never requested a hearing." Appellants' Br. 48. Rather than asserting that Officer Cannon's liberty interest claim failed because he did not request a hearing, Peck argued below that the Officers' "request for a grievance hearing did not put [Bald Head] on notice that they wanted a 'name clearing hearing,' as opposed to a grievance seeking reinstatement."
Cannon et al. v. Vill. of Bald Head
, 7:15-cv-00187-H, ECF No. 48, at 22. The district court denied summary judgment on that ground.
Cannon
,
Reference
- Full Case Name
- Thomas M. CANNON; Jesse M. Conner; Donald M. Koons; Nicholas M. Terrell, Plaintiffs-Appellees, v. VILLAGE OF BALD HEAD ISLAND, NORTH CAROLINA; Calvin R. Peck, Jr., in His Individual Capacity; Caroline Mitchell, in Her Individual Capacity, Defendants-Appellants.
- Cited By
- 55 cases
- Status
- Published