Kenneth L. Hunter v. Town of Mocksville, NC
Opinion of the Court
Plaintiffs-three former police officers with the Town of Mocksville Police Department ("Mocksville PD")-sued Mocksville Administrative Chief of Police Robert W. Cook ("Cook"), Mocksville Town Manager Christine W. Bralley ("Bralley"), and the Town of Mocksville ("the Town," and collectively with Cook and Bralley, "Defendants"), alleging several claims related to Defendants' termination of Plaintiffs' employment. At the conclusion of trial, a jury found Defendants liable to Plaintiffs under both state and federal law, awarded Plaintiffs approximately $1.4 million in compensatory damages, and recommended that the district court further award Plaintiffs approximately $2.6 million in front pay.
In a series of post-trial rulings, the district court awarded Plaintiffs substantially less front pay than the jury had recommended and held that governmental immunity limited the Town's aggregate liability *544for damages. Plaintiffs appeal both rulings, as well as the district court's pre-trial dismissal of Plaintiffs' First Amendment claims against the Town.
For the reasons that follow, we reverse the district court's conclusion that the Town's insurance policy covered only $1 million of the aggregate damages awarded to Plaintiffs. We also reverse the district court's dismissal of Plaintiffs' First Amendment claims against the Town. But we conclude that the district court properly disposed of Plaintiffs' remaining claims. Accordingly, we affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.
I.
Plaintiffs Kenneth L. Hunter, Rick A. Donathan, and Jerry D. Medlin worked at Mocksville PD for several years.
On December 14, 2011, Plaintiffs used a disposable cell phone to contact the North Carolina Office of the Governor (the "Governor's Office") and report what they viewed as corruption and misconduct within Mocksville PD. The Governor's Office relayed Plaintiffs' concerns to the State Bureau of Investigation ("SBI") for further inquiry. A week later, Plaintiffs noticed a local SBI Agent at Mocksville PD and subsequently received a call from that agent on the disposable phone. Plaintiffs did not return the call and, out of fear of retaliation, disposed of the phone.
Despite Plaintiffs' efforts to remain anonymous, Cook and Bralley eventually identified Plaintiffs as the anonymous callers. Thereafter, Cook and Bralley consulted with the Town's attorney to determine whether they could lawfully terminate Plaintiffs. After being advised that they could do so lawfully, Cook and Bralley terminated Plaintiffs from Mocksville PD on December 29, 2011. Plaintiffs' termination letters stated that they were fired for myriad misdeeds, including "[i]nsubordinat[ion]," "[a]ttitude," and "conduct unbecoming a[n] [o]fficer." See J.A. 2381, 2415, 2420. However, prior to Plaintiffs' terminations, none had received any performance-related discipline, and "[t]heir written service records were essentially unblemished." Hunter v. Town of Mocksville ,
In April 2012, Plaintiffs filed a complaint in the U.S. District Court for the Middle District of North Carolina against the Town, Cook, and Bralley. In their complaint, Plaintiffs alleged that they were (1) terminated in retaliation for exercising their free speech rights under the First Amendment of the United States Constitution, in violation of
*545In September 2013, the district court granted partial summary judgment to Defendants on all of Plaintiffs' First Amendment claims. In a memorandum opinion explaining its decision, the district court first concluded that qualified immunity shielded Cook and Bralley from suit. The district court further concluded that Plaintiffs' terminations could not fairly be attributed to the Town for purposes of municipal liability under Section 1983 because Plaintiffs failed to demonstrate that either Cook or Bralley possessed "final policymaking authority" to set employment policy for the Town. Hunter v. Town of Mocksville , No. 1:12-cv-333,
In January 2014, the district court reversed its grant of summary judgment to Cook and Bralley on Plaintiffs' First Amendment claims, instead concluding that neither defendant was entitled to qualified immunity. Hunter v. Town of Mocksville , No. 1:12-cv-333,
Following a nine-day trial, a jury returned a verdict for Plaintiffs on their First Amendment claims against Cook and Bralley, as well as a verdict for Plaintiffs on their state-law wrongful-discharge claims against the Town. The jury found all Defendants liable to Plaintiffs for approximately $1.4 million in compensatory damages, and awarded Plaintiffs an aggregate total of $60,000 in punitive damages to be paid specifically by Cook and Bralley. The jury also returned an advisory verdict recommending that Defendants pay Plaintiffs approximately $2.6 million in front pay. Soon thereafter, Plaintiffs moved for the entry of judgment and equitable relief in the form of reinstatement or, alternatively, the jury-recommended front-pay awards.
On August 12, 2016, the district court entered judgment on the verdicts, granting Plaintiffs the compensatory and punitive damages awarded by the jury. Hunter ,
On February 21, 2017, the district court issued several dispositive rulings. First, the district court addressed Donathan and Medlin's motion to reconsider its decision to award front pay in lieu of reinstatement. Upon reconsideration, the district court upheld its initial decision to deny reinstatement to Medlin, but granted Donathan's request for reinstatement to a lieutenant position at Mocksville PD upon the next available opening. Hunter v. Town of Mocksville ,
Second, the district court concluded that the Town enjoyed state-law governmental immunity from tort claims, like the claims asserted by Plaintiffs, arising from the actions of the Town's officers and employees while performing a governmental function.
The district court agreed with Interlocal. Specifically, the district court analyzed the Town's insurance policy and concluded that, per the policy's terms, all three Plaintiffs' claims together constituted one single claim under the policy-not three separate claims. Therefore, given the policy's per-claim limit of $1 million, the district court concluded that the Town had waived its governmental immunity in the amount of $1 million only.
Because the Town's governmental immunity precluded Plaintiffs from recovering approximately half of their damages from the Town, Plaintiffs argued that they lacked an "adequate state remedy" against the Town and thus could seek to recover against the Town under the North Carolina Constitution.
On March 3, 2017, the district court entered final judgment against Defendants. Specifically, the district court held Defendants jointly and severally liable to Plaintiffs for a total of $1,990,544 in compensatory damages and front pay. The Court also ordered Cook and Bralley each to pay each Plaintiff $10,000 in punitive damages. And, notwithstanding its conclusion that Defendants were jointly and severally liable for the nearly $2 million in compensatory damages and front pay, the district court held that "pursuant to
*5472854 (emphasis added). Thus, although the Town was jointly and severally liable for the approximately $2 million in damages owed to Plaintiffs, the Town's governmental immunity shielded it from having to pay more than $1 million.
Plaintiffs noted a timely appeal.
II.
We begin with the district court's interpretation of the coverage limit in the Town's employment-practices liability insurance policy-a question of law we review de novo. See Cont'l Cas. Co. v. Amerisure Ins. Co. ,
Here, it is undisputed that the Town has purchased such insurance. The critical inquiry, therefore, is the extent to which the Town has waived its governmental immunity by virtue of its purchase of insurance. Plaintiffs argue that the district court erred when it construed the Town's insurance policy to cover only $1 million, in aggregate, of Plaintiffs' damages and front-pay awards. In their view, the Town's policy covers up to $1 million for each Plaintiff's claim-for a combined limit of $3 million. The parties agree that North Carolina law governs the interpretation of the Town's insurance policy. Accordingly, we start by reciting the North Carolina law applicable to the interpretation of insurance contracts.
A.
Under North Carolina law, "the object of construing an insurance policy 'is to arrive at the insurance coverage intended by the parties when the policy was issued.' " Harleysville Mut. Ins. Co. v. Buzz Off Insect Shield, L.L.C. ,
When the language of the policy is ambiguous, courts must resolve the ambiguity in favor of coverage.
B.
The Town policy's Declarations Page provides the following limits of insurance:
Each Claim Limit $1,000,000 Annual Aggregate Limit for all Claims $3,000,000 Deductible (Each Claim) $5,000
Id. at 2683. Section I of the policy, titled "Employment Practices Liability Coverage," provides: "We will pay those sums that the insured becomes legally obligated to pay as damages resulting from 'claims' to which this insurance applies, against the insured by reasons of 'employment wrongful act(s).' " Id. at 2704. Section VI defines a "claim":
"Claim" means a demand received by the insured for money damages, ... filing and or service of suit papers or arbitration proceedings filed against the insured arising out of "employment wrongful act(s)" to which this insurance applies.
Id. at 2713. And Section VI defines "employment wrongful act(s)" as, among other things, "actions involving ... termination of employment, ... retaliatory action, ... or other employment-related practices, policies, acts or omissions." Id. The policy further provides that "[t]he amount we will pay for damages is limited as described in Section III-Limits of Insurance." Id. at 2704.
Section III provides the following:
SECTION III-LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of:
a. Insureds;
b. "Claims" made or "suits" brought; or
c. Persons or organizations making "claims" or bringing "suits".
*5492. The Annual Aggregate Limit is the most we will pay for all damages
3. Subject to 2. above, the Each Claim Limit is the most we will pay for all loss arising out of any "employment wrongful act(s)" covered by this policy. "Claims" based on and arising out of the same act or interrelated acts of one or more insureds shall be considered to be a single "claim".
Id. at 2708. Finally, the policy provides that "[t]he deductible amount stated in the Declarations, if any, applies to all damages sustained by any person or organization as the result of any one 'claim.' " Id. at 2710.
C.
The district court analyzed these contractual terms and concluded that the Town's policy limited Plaintiffs' aggregate recovery to $1 million. In so doing, the district court first observed that the plain language of the policy provides that all claims "based on and arising out of the same or interrelated employment wrongful acts" of the Town are subject to the $1 million Each Claim Limit, "regardless of the number of persons bringing claims." Hunter ,
In the alternative, the district court concluded that, at the very least, all three Plaintiffs' claims were based on and arose out of "interrelated" employment wrongful acts, which also rendered them a single claim under the policy and thus subject to the policy's $1 million Each Claim Limit.
Notwithstanding the policy's failure to define "interrelated"-while expressly defining "related"-the district court concluded that the meaning of "interrelated" was unambiguous when considered in the context of the policy as a whole. The district court defined the word "interrelated" to mean "having a mutual or reciprocal relation," the word "mutual" to mean "shared in common," and the word "reciprocal" to mean "shared or mutually existing."
For Plaintiffs' claims to be considered a single claim because they are interrelated, the employment wrongful acts must have some common nexus of fact, circumstance, situation, event, transaction, or cause that is shared or mutually existing .
D.
On appeal, Plaintiffs contend that the district court erred when it concluded that (1) each Plaintiff's claim arose out of the "same" wrongful act and (2), in the alternative, the meaning of "interrelated" was unambiguous, and that under that unambiguous meaning, Plaintiffs' claims arose out of "interrelated" acts. We agree with Plaintiffs.
First, Plaintiffs' claims are neither based on nor arise out of the "same" "employment wrongful act." The word "same," while undefined in the policy, is nontechnical and unambiguous. Therefore, we will give it the meaning it has acquired in its ordinary usage. Harleysville ,
Rather than focusing on the Town's three wrongful terminations, the district court characterized the Town's wrongful action as the "approval" of Plaintiffs' terminations only. But the jury found that the Town itself terminated each Plaintiff. See id. And the policy language requires an inquiry into the insured's actions , not the insured's approval of the actions of others. Here, the Town fired three different individuals. Accordingly, we conclude that Plaintiffs' claims against the Town are based on and arise out of separate and distinct employment wrongful acts of the Town.
We consider next whether Plaintiffs' claims are based on and arise out of "interrelated" wrongful acts of the Town. We conclude that the meaning of the term interrelated is ambiguous for several reasons.
To begin, the policy does not define the term "interrelated." A number of courts have held that the meaning of "interrelated" in an insurance coverage provision was ambiguous when, as here, the contract did not expressly define the term. See, e.g. , McCuen v. Am. Cas. Co. of Reading ,
Interlocal's failure to define "interrelated" in the policy further renders the term ambiguous because courts and insurance policies do not define the term "interrelated" in a uniform manner, meaning that there is no "ordinary" definition of the term. For example, the most common contractual definition of "interrelated wrongful acts"-acts "which have as a common nexus any fact, circumstance, situation, event, transaction or series of facts, circumstances, situations, events, or transactions"-seems to sweep broadly, potentially encompassing claims by multiple claimants.
Further, the Tenth Circuit has recognized that when, as here, an insurance contract leaves the term "interrelated" undefined, "[m]ost courts ... have generally taken a pro-insured approach to defining 'interrelated,' and have held that 'legally distinct claims that allege different wrongs to different people ' are not 'interrelated' claims." Stauth v. Nat'l Union Fire Ins. Co. of Pittsburgh ,
Because Interlocal has chosen to provide the term "related" with the definition commonly reserved for "interrelated" while leaving "interrelated" undefined, we conclude that the meaning of "interrelated" is uncertain and therefore ambiguous as to whether it encompasses claims by multiple claimants based on multiple wrongs. See Register ,
Notably, the district court's construction of "interrelated employment wrongful act(s)" rendered that phrase's definition virtually identical to the policy's definition of "related employment wrongful act(s)." In particular, the district court defined "interrelated wrongful employment act(s)" as acts that have "some common nexus of fact, circumstance, situation, event, transaction, or cause that is shared or mutually existing ." See Hunter ,
In light of the policy's ambiguity, we are unable to discern the scope of the term "interrelated" as used by the parties in this contract. Therefore, we must resolve the ambiguity in favor of Plaintiffs-the beneficiaries. Wachovia ,
* * * * *
For the reasons stated above, we conclude that the Town has waived its governmental immunity for up to $1 million per Plaintiff for damages resulting from the three wrongful terminations of Plaintiffs, subject to the $3 million Annual Aggregate Limit of the Town's insurance policy.
III.
Next, we address whether the district court erred in granting summary judgment in favor of the Town on Plaintiffs' First Amendment claims under Section 1983 on the grounds that "there is no evidence the Town had a policy of retaliation." Hunter ,
This Court reviews de novo whether Cook or Bralley's unconstitutional actions may fairly be characterized as actions of the Town such that the Town may be held liable to Plaintiffs for damages under Section 1983. See Nader v. Blair ,
A.
Section 1983 provides, in relevant part, that "[e]very person who, under color of any statute, ordinance, regulation, custom, or usage, of any State ... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured."
Although municipal liability under Section 1983 attaches only to "action [taken] pursuant to official municipal policy of some nature," Pembaur v. City of Cincinnati ,
[A] government frequently chooses a course of action tailored to a particular situation and not intended to control decisions in later situations. If the decision to adopt that particular course of action is properly made by that government's authorized decisionmakers, it surely represents an act of official government 'policy' as that term is commonly understood. More importantly, where action is directed by those who establish governmental policy, the municipality is equally responsible whether that action is to be taken only once or to be taken repeatedly. To deny compensation to the victim would therefore be contrary to the fundamental purpose of § 1983.
Relying on this precedent, this Court has held that "[a] government policy or custom need not have received formal approval through the municipality's official decisionmaking channels to subject the municipality to liability." Riddick v. Sch. Bd. ,
"The question of who possesses final policymaking authority is one of state law." Riddick ,
Several principles guide our analysis of whether a municipal official possesses final policymaking authority with respect to a challenged action. For one thing, "[w]hen an official's discretionary decisions are constrained by policies not of that official's making, those policies, rather than the subordinate's departures from them, are the act of the municipality."
[T]he County Sheriff may have discretion to hire and fire employees without also being the county official responsible for establishing county employment policy. ... Instead, if county employment policy was set by the Board of County Commissioners, only that body's decisions would provide a basis for county liability. This would be true even if the Board left the Sheriff discretion to hire and fire employees and the Sheriff exercised that discretion in an unconstitutional manner; the decision to act unlawfully would not be a decision of the Board. However, if the Board delegated its power to establish final employment policy to the Sheriff, the Sheriff's decisions would represent county policy and could give rise to municipal liability.
Pembaur ,
B.
In concluding that neither Cook nor Bralley was a final policymaker of the Town with regard to the termination of Plaintiffs, the district court looked only to state law-specifically, North Carolina General Statute Section 160A-164, which *556vests the Mocksville Town Board with discretion to "adopt or provide" personnel policies for Town employees.
North Carolina General Statute Section 160A-148 provides that town managers, like Bralley, "shall be responsible to the council for administering all municipal affairs placed in [their] charge" and, among other things, "shall appoint and suspend or remove all city officers and employees not elected by the people ... in accordance with such general personnel rules, regulations, policies, or ordinances as the council may adopt." N.C. Gen. Stat. § 160A-148 (1973) (emphasis added). Like the wording found in Section 160A-164, the use of the word "may" in Section 160A-148 indicates that the North Carolina General Assembly contemplated that town councils, like the Town Board, may decline to adopt any personnel rules, regulations, policies, or ordinances altogether.
Here, the Town Board has exercised its statutory authority not to adopt its own policies or regulations governing the specific terms of its employees' employment. In particular, the Town Board "does not have a written personnel policy." J.A. 112. Nor does the Town Board have any formal grievance procedure or any "other requirement which requires the Town to provide an employee in a potential discharge situation with pre-discharge procedural due process ... or post-discharge procedural due process."
Rather than establishing a grievance procedure or fashioning its own employment policies, the Town Board adopted the following personnel ordinance:
Town personnel shall be employed by the Town Manager, within the appropriations for that purpose; the terms of the positions shall be at the will of the Town Manager . Fringe benefits shall be as specified from time to time by the Town Manager, subject to the approval of the Board .
Mocksville, N.C., Code of Ordinances § 2-4.1 (emphases added). Thus, under the ordinance's plain language, the Town Board delegated to Bralley, as Town Manager, its statutory authority to set personnel policy for the Town. In particular, the ordinance confers on Bralley unconstrained authority *557to define nearly all terms of employment for Town personnel, including all matters related to Plaintiffs' hiring, supervision, and discharge. Cf . Brady v. Fort Bend Cty .,
The Town did not constrain Bralley's authority; indeed, the Town conceded that it has long since repealed all personnel policies that may have constrained Bralley's authority while declining to promulgate new ones. Moreover, the Town concedes that it maintained no formal review process for evaluating Bralley's termination decisions. In light of these concessions and the Town Board's express delegation of final policymaking authority to Bralley, we conclude that the circumstances surrounding Bralley's decision to terminate Plaintiffs present all the hallmarks of a final policymaker wielding her authority. See, e.g. , Valentino v. Village of South Chicago Heights ,
Indeed, our sister circuits have held that municipal officials constitute final policymakers in materially indistinguishable circumstances. See, e.g. , Valentino ,
To hold otherwise would insulate the Town from liability in virtually every case-a result contrary to the principles underlying Section 1983. If a municipality, like the Town, could expressly delegate to a municipal official the unfettered authority to make all employment decisions (excepting the award of "fringe benefits") without constraining whatsoever the official's exercise of that authority, then that municipality would have the ability to effectuate employment policy without incurring the risk of liability for any unconstitutional policies the official may effect on its behalf. The Supreme Court has rejected such a result:
[S]pecial difficulties can arise when it is contended that a municipal policymaker has delegated his policymaking authority to another official. If the mere exercise of discretion by an employee could give rise to a constitutional violation, the result would be indistinguishable from respondeat superior liability. If, however, a city's lawful policymakers could insulate the government from liability simply by delegating their policymaking authority to others, § 1983 could not serve its intended purpose.
Praprotnik ,
C.
Notwithstanding the Town Board's express delegation of authority to Bralley over employment matters-and the authority to terminate employees, like Plaintiffs, in particular-Defendants argue that Bralley lacked final policymaking authority *559regarding the conduct at issue for three reasons: (1) attributing Bralley's action to the Town would impermissibly subject the Town to respondeat superior liability; (2) treating Bralley as a final policymaker with regard to Plaintiffs' terminations would contradict this Court's decisions in Greensboro Professional Fire Fighters Association, Local 3157 v. City of Greensboro ,
First, under the common law doctrine of respondeat superior , a plaintiff-employee seeks to "impos[e] liability on an employer for the torts of an employee when the sole nexus between the employer and the tort is the fact of the employer-employee relationship." Monell ,
Second, neither Greensboro Professional Fire Fighters Association nor Crowley supports Defendants' position. In Greensboro Professional Fire Fighters Association , we rejected a plaintiff-firefighter's bid to hold the City of Greensboro liable for the acts of the city's fire chief, who allegedly denied the plaintiff a promotion in retaliation for the plaintiff's activities on behalf of a new firefighter's union.
Similarly, in Crowley we concluded that a county police chief's decision to downgrade the salary level of one of his employees, allegedly on account of the employee's race, could not expose the county to municipal liability under Section 1983. 890 F.2d at 684. We explained that the police chief lacked final policymaking authority for personnel decisions because the county's charter expressly stated that the county council "shall provide by law for a personnel system governing the appointment and removal of employees, and other personnel procedures for employees in the [c]ounty government," and "dictate[d] that all personnel decisions be based on merit and *560fitness." Id. at 686 (emphasis added). Consequently, although the county police chief possessed the authority to make certain personnel decisions, the policies promulgated by the county council circumscribed his discretion in making those decisions. Id. at 686-87. In other words, because the police chief allegedly based the challenged employment decision on a factor other than merit and fitness, he was not creating new policy for the county, he was acting contrary to policy already established by the county council.
Unlike in Greensboro Professional Fire Fighters Association , in which "[t]here [wa]s no evidence in the record" that policymaking authority had been delegated to the fire chief,
Third, that the Town Board may have retained the authority to rescind its ordinance delegating plenary authority over personnel policy to the Town Manager does not in any way undermine our conclusion that Bralley's actions can be fairly attributed to the Town. Rather, we have previously explained that "a municipal agency or official may have final authority to make and implement policy despite a municipality's retention of powers *561of ultimate control over both policy and policymaker." Spell ,
Here, the Town Board chose to confer on Bralley unfettered final policymaking authority with respect to almost all personnel matters-including terminations. See Mocksville, N.C., Code of Ordinances § 2-4.1. The Town made no effort to constrain or limit that delegation. And, as a matter of custom, Bralley exercised that delegated authority without oversight by the Board. Accordingly, the Town Board's "unexercised ultimate authority" to rescind its ordinance conferring such authority does not undermine our conclusion that Bralley constituted a final policymaker of the Town with regard to the conduct at issue-the unlawful termination of Plaintiffs.
D.
Finally, although we hold that Bralley, as Town Manager, was a final municipal policymaker with regard to the conduct at issue, we agree with the district court's conclusion that Cook, as Police Chief, was not. In particular, we find that Justice Brennan's hypothetical in Pembaur illustrates precisely why Bralley is a final policymaker for the Town with respect to establishing personnel policies, and why Cook is not : Because the Town Board "delegated its power to establish final employment policy to the [Town Manager], the [Town Manager's] decisions ... represent [Town] policy and could give rise to municipal liability." Pembaur ,
* * * * *
In sum, we conclude that although Cook was not a final policymaker of the Town regarding Plaintiffs' terminations, Bralley was a final policymaker. Accordingly, we reverse the district court's dismissal of Plaintiffs' First Amendment claims against the Town and remand with instructions to enter judgment in favor of Plaintiffs on these claims.
IV.
Lastly, Plaintiff Medlin contends that the district court reversibly erred by denying his request for reinstatement or, in the alternative, an increase in front pay. We review a district court's decision to award or deny equitable relief, like reinstatement or an award of front pay, for abuse of discretion. Dotson v. Pfizer, Inc. ,
*562Medlin contends that the district court should have ordered him reinstated to his former position at Mocksville PD because the "primary obstacle to [his] reinstatement"-Bralley's continued employment by the Town-is no longer present, given Bralley's retirement. Appellants' Br. at 48. Alternatively, Medlin contends that the district court abused its discretion when it granted Medlin 1.75 years of front pay instead of the 13.75 years of front pay recommended by the jury. In Medlin's view, the district court's award is "clearly inadequate, ... arbitrary, unsupported by the law, and inconsistent with the [district] court's own analysis." Id. at 51. We disagree with both contentions.
After a finding of wrongful discharge, reinstatement, not front pay, is the preferred equitable remedy. Duke v. Uniroyal Inc. ,
Here, the district court denied Medlin's request for reinstatement because Medlin's "relationship with the MPD ... has only deteriorated" since his termination, as evidenced by two social media posts that Medlin made on August 28, 2016 and November 13, 2016. Hunter ,
We also conclude that the district court did not abuse its discretion when it granted Medlin 1.75 years of front pay instead of the amount recommended by the jury. The purpose of awarding front pay is to provide resources to a wrongfully terminated plaintiff "to complement a deferred order of reinstatement or to bridge a time when the court concludes the plaintiff is reasonably likely to obtain other employment." Uniroyal ,
In calculating Medlin's front-pay award, the district court first correctly observed that "[t]here is no bright line test for awarding front pay." Hunter ,
The district court then applied these factors to the facts of this case. In particular, the district court concluded that although Medlin's tenure and likelihood of continued employment-including the length of time other employees typically held the position lost and Medlin's subjective intent to continue employment-weighed in favor of a front-pay award, his age (forty-four years old) and work-life expectancy weighed against an "extended front pay award."
We conclude that the district court reasonably exercised its discretion in calculating Medlin's front-pay award. The district court adverted to our instruction that the calculation of front pay necessarily "requires an analysis of all the circumstances existing at the time of trial."
That the jury recommended a larger front-pay award does not undermine the reasonableness of the district court's determination. As the district court correctly noted, an advisory verdict "is of no binding legal significance." Hunter ,
V.
For the foregoing reasons, the judgment of the district court is
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.
We summarize only the factual and procedural history relevant to the issues in the instant appeal, recounting all facts in the light most favorable to Plaintiffs, the prevailing party. A more in-depth summary of the factual history underlying this lawsuit can be found in Hunter v. Town of Mocksville ,
Specifically, the district court awarded front pay in the amount of $193,676 to Hunter, $89,063 to Donathan, and $85,360 to Medlin. Hunter ,
Governmental immunity has no bearing on Plaintiffs' First Amendment claims against the Town under Section 1983. See Owen v. City of Independence ,
Specifically, the statute provides: "Any city is authorized to waive its immunity from civil liability in tort by the act of purchasing liability insurance. Participation in a local government risk pool ... shall be deemed to be the purchase of insurance for purposes of this section. Immunity shall be waived only to the extent that the city is indemnified by the insurance contract from tort liability." N.C. Gen. Stat. § 160A-485(a).
To be sure, some courts have held that the meaning of "interrelated" was not ambiguous, under the particular facts of the case, when left undefined in an insurance contract. See, e.g. , F.D.I.C. v. Gen'l Star Nat'l Ins. Co. , No. CV 11-3729-JFW (MRWx),
That definition, however, is far from universal, with other insurance contracts defining "interrelated wrongful acts" using different language. See, e.g. , W.C. & A.N. Miller Dev. Co. v. Cont'l Cas. Co. ,
Because we agree with Plaintiffs' interpretation of the policy, we need not address Plaintiffs' contention that the district court erred in dismissing their separate state constitutional claims on the grounds that Plaintiffs had an adequate remedy under state law. On that point, Plaintiffs only argue that their remedy would be inadequate if we were to sustain the district court's interpretation of the policy, limiting Plaintiffs' aggregate recovery to $1 million. See Appellants' Br. at 44.
In particular, the statute provides that "[t]he council may adopt or provide for rules and regulations or ordinances concerning but not limited to annual leave, sick leave, special leave with full pay or with partial pay supplementing workers' compensation payments for employees injured in accidents arising out of and in the course of employment, hours of employment, holidays, working conditions, service award and incentive award programs, other personnel policies, and any other measures that promote the hiring and retention of capable, diligent, and honest career employees." N.C. Gen. Stat. § 160A-164 (1979) (emphasis added).
We note that-in addition to the formal delegation of policymaking authority by the Town Board-the lack of any personnel policies promulgated by the Town Board and the lack of any formal review process are what cleanly separate the facts in this case from the facts in Praprotnik , in which the City of St. Louis "established an independent Civil Service Commission and empowered it to review and correct improper personnel actions" in light of the existing personnel policies established by the city, see Praprotnik ,
During oral argument, the Town argued for the first time on appeal that state law prohibits the delegation of final policymaking authority to town managers. See Oral Argument at 40:55-42:20. We find this proposition meritless. For one thing, this argument is foreclosed by our prior opinion in Greensboro Professional Fire Fighters Association , in which we recognized that town managers in North Carolina may be final policymakers for purposes of municipal liability under Section 1983. See
Even if Greensboro Professional Fire Fighters Association did not foreclose the Town's argument, the Town fails to explain how its contention that state law bars the Town Board from delegating its policymaking authority is consistent with the plain language of North Carolina General Statute Section 160A-164, which uses the permissive term "may"-indicating the North Carolina General Assembly's intent to provide town councils with the ability to create personnel policy, not a command for them to do so. Additionally, the Town's argument is inconsistent with Section 160A-148, which provides that town managers, such as Bralley, "shall perform any other duties that may be required or authorized by the council." N.C. Gen. Stat. § 160A-148 (emphases added). The Town's delegation of policymaking authority to Bralley fits comfortably within the parameters of Sections 160A-164 and 160A-148.
Concurring in Part
*564Judge Wynn's opinion has thoroughly analyzed the liability of the Town of Mocksville under
The Town of Mocksville purchased an employment-practices liability insurance policy from the Interlocal Risk Financing Fund of North Carolina that provided coverage of $1 million for each applicable claim against the Town and an aggregate limit for all such claims in one year of $3 million.
On appeal, the plaintiffs contend that "[w]hile the claims of a single individual for the 'same or interrelated acts of [the defendants]' could be combined" under the each-claim limit, "the policy language chosen by [the insurer] d[id] not permit the combining of claims of multiple persons." As such, they argue, "the interrelated acts of [the defendants] as to each officer meant each officer was subject to" the policy's $1 million each-claim limit, for a total of $3 million, the aggregate annual limit. The majority opinion suggests that the policy language is ambiguous, based on how other courts have interpreted the term "interrelated" in other insurance policies and how the policy in this case defines "related," and it therefore agrees with the plaintiffs and reverses the district court.
A fair reading of the policy, however, can only lead to the conclusion that the claims of the plaintiffs in this case amount to a "single claim," as defined in the policy, with a single $1 million limit.
In the declarations section, the policy provides $1 million in coverage for each claim and $3 million in coverage as an annual aggregate limit for all claims, with each claim subject to a $5,000 deductible. A claim is defined as a "demand received by the insured" or a suit or arbitration filed against the insured. And the insured is defined to be the Town of Mocksville and its elected officials and employees for their acts "within the course and scope of their duties." Detailing how the $1 million limit is to be applied to a claim, the policy provides:
The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of ... [p ]ersons or organizations making "claims" or bringing "suits".... [T]he Each Claim Limit is the most we will pay for all loss arising out of any "employment wrongful act(s)" covered by this policy. "Claims" based on and arising out of the same act or interrelated acts of one or more insureds shall be considered to be a single "claim" .
(Emphasis added). Similarly, in defining a claim for purposes of applying the deductible amount to each claim, the policy provides, " 'Claims' based on or arising out of the same act or interrelated acts of one or more insureds shall be considered a single 'claim' ." (Emphasis added).
In short, the policy provides $1 million in coverage for each claim, which it unambiguously defines as the filing of a suit *565against or a demand for money damages from the Town of Mocksville and its employees. And it makes absolutely clear that all "[c]laims based on and arising out of the same act or interrelated acts of one or more insureds," "regardless of the number of ... [p ]ersons or organizations making 'claims' or bringing 'suits,' " are to be treated as "a single 'claim'. " (Emphasis added).
In this case, the three plaintiff police officers collectively made a single telephone call on December 14, 2011, to the North Carolina Governor's Office about the inappropriate conduct of their chief. As a result of that call, the three officers' employment was terminated on the same day two weeks later by the Chief with the approval of the Town Manager. The plaintiffs claimed and the jury found that their termination was wrongful because it was done in retaliation for their call to the Governor's Office, in violation of their First Amendment right of free speech.
Under any fair reading of the policy, the officers' claims constituted a "single claim" as defined in the policy. While the liability of the defendants is based on three wrongful terminations, the terminations were approved collectively by the Town Manager for the single purpose of retaliating against the plaintiffs for their joint act of making the telephone call. Thus, the acts of terminating the plaintiffs' employment were "interrelated," as that term is ordinarily understood, because they were related to each other by their common connection-i.e. , their mutual relationship-to the single telephone call and the defendants' single purpose of retaliating against the plaintiffs for that call. See, e.g. , Webster's Third New International Dictionary 1182 (1993) (defining "interrelated" as "having a mutual or reciprocal relation or parallelism"). Indeed, it is difficult to imagine a reasonable meaning of interrelated that would not encompass the defendants' conduct in this case. Accordingly, under the policy's plain terms, the three terminations gave rise to a "single claim" despite the fact that the plaintiffs asserted a "number of ... [c]laims" and that they constituted a "number of [p]ersons or organizations making [the] 'claims' [and] bringing 'suits.' " Therefore, the $1 million limit, with the $5,000 deductible, applies to that single claim.
Ignoring the policy's language defining as a "single claim" all claims arising out of interrelated wrongful acts, regardless of the number of claims in the suit or the number of persons making them, the majority finds ambiguity in the coverage based on the fact that other courts interpreting the word "interrelated" within a policy definition have not defined that term "in a uniform manner." Ante at 551. And to further support its conclusion, the majority also seeks to define the undefined term "interrelated" by the term "related" as used elsewhere in the policy in a different context. At bottom, the majority reaches the conclusion that the term "interrelated" must be ambiguous and therefore should be read not to encompass claims brought by different individuals , as the plaintiffs urge. But that conclusion is explicitly foreclosed by the policy's language, which defines as a "single claim" all claims arising from the same act or interrelated acts brought by any number of persons , "regardless of the number ."
In contriving ambiguity for this policy, the majority fails to take heed of North Carolina law, which instructs that when a policy does not provide a definition, "nontechnical words are to be given a meaning consistent with the sense in which they are used in ordinary speech, unless the context clearly requires otherwise." Wachovia Bank & Trust Co. v. Westchester Fire Ins. Co. ,
At bottom, the three plaintiffs in this case jointly made a telephone call to the Governor's Office, and for that conduct, the three were fired in violation of the First Amendment. It could not be clearer that the claims of the three officers are to be treated under the policy as a single claim for which the policy limits coverage to $1 million, less the $5,000 deductible.
For these reasons, I would affirm the district court's construction of the policy.
Reference
- Full Case Name
- Kenneth L. HUNTER; Rick A. Donathan; Jerry D. Medlin, Plaintiffs-Appellants, v. TOWN OF MOCKSVILLE, NORTH CAROLINA; Robert W. Cook, in His Official Capacity as Administrative Chief of Police of the Mocksville Police Department and in His Individual Capacity; Christine W. Bralley, in Her Official Capacity as Town Manager of the Town of Mocksville and in Her Individual Capacity, Defendants-Appellees, and Interlocal Risk Financing Fund of NC, Intervenor-Appellee. North Carolina Advocates for Justice; National Association of Police Organizations, Inc., Amici Supporting Appellants.
- Cited By
- 110 cases
- Status
- Published