Bennett v. Hot Spring County Sheriff's Department
Opinion of the Court
Larry Bennett appeals from a final judgment of the district court
Bennett was employed as a deputy sheriff with the sheriff’s department from September 30, 1984, until his termination on November 28, 1984. On November 24, 1984, Bennett was suspended from duty based upon information that a warrant had been issued for his arrest for aggravated assault and battery upon his girlfriend. Bennett’s suspension was ordered by Chief Deputy Sheriff Leonard Tisdale, apparently as a temporary measure, until Sheriff Doyle Cook, who was out of town at the time, could review the matter. Later that same day, all charges against Bennett were dismissed upon the motion of Bennett’s girlfriend and payment of costs. Notwithstanding dismissal of the charges, Bennett remained on suspension.
On November 28, 1984, Sheriff Cook returned to the department and was informed about the warrant issued for Bennett’s arrest. After reviewing a police report of the alleged incident, and the sworn affidavit of the girlfriend, indicating that Bennett had threatened her with a gun, the sheriff terminated Bennett for conduct unbecoming an officer. At trial, Sheriff Cook admitted that he did not know that the charges against Bennett had been dismissed at the time he terminated Bennett. He indicated, however, that such information would not have influenced his decision to terminate Bennett.
The district court considered whether the sheriff and his department had articulated a legitimate, nondiscriminatory reason for Bennett’s discharge. The court noted that the sheriff ran “a very tight ship” and that “[i]t doesn’t take much to get terminated” from the department. The court regarded as credible the sheriff’s testimony that he would have terminated a white officer under similar circumstances. The court also found credible the sheriff’s statement that he attempted to replace Bennett with another black officer by contacting leaders of the black community.
Finally, the district court considered whether Bennett had sufficiently overcome the sheriff’s testimony by demonstrating that the proffered reasons were merely a pretext for discrimination. The court determined that Bennett had failed to make such a showing, and thus concluded that Bennett had failed his ultimate burden of proving that he would not have been terminated had he been white. The district court, therefore, rejected Bennett’s claim for relief.
On appeal, Bennett argues that the district court’s finding that he failed to rebut the defendant’s case was clearly erroneous, because there was unrebutted evidence that whites were afforded pre-termination investigations but blacks were not. He relies on Boner v. Board of Commissioners of Little Rock Municipal Water Works, 674 F.2d 693, 696 (8th Cir. 1982), in arguing that disparate treatment, which stands unrebutted and unexplained, creates a strong inference of discriminatory motive and pretext.
Our review of the district court’s factual findings is governed by Federal Rule of Civil Procedure 52(a), which provides: “Findings of fact * * * shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.” “A finding is 'clearly erroneous’ when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” Anderson v. Bessemer City, 470 U.S. 564, 573, 105 S.Ct. 1504, 1511, 84 L.Ed.2d 518 (1985) (quoting United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 525, 542, 92 L.Ed. 746 (1948)). “We are not free to reverse the district court simply because * * * we would have weighed the evidence differently or disagree as to where it preponderates.” Powell v. Missouri State Highway and Transportation Department, 822 F.2d 798, 800 (8th Cir. 1987) (citing Anderson, supra). Furthermore, Rule 52(a) particularly demands great deference when findings are based on determinations regarding the credibility of witnesses. Anderson, supra, 470 U.S. at 575, 105 S.Ct. at 1512.
Having carefully reviewed the record under these standards, we conclude that the district court’s finding that Bennett failed
We find that the record clearly supports the district court’s credibility determinations and findings, as well as its ultimate conclusion that Bennett was not subjected to disparate treatment.
Affirmed.
. The Honorable Morris S. Arnold, United States District Court Judge for the Western District of Arkansas.
. The district court specifically noted that one white deputy was terminated for bootlegging, and another for being involved in prostitution, or at least being involved with a prostitute.
. Bennett's position was eventually filled by a white officer after Sheriff Cook was unable to find a qualified black officer to fill the job.
Reference
- Full Case Name
- Larry BENNETT v. HOT SPRING COUNTY SHERIFF'S DEPARTMENT and Doyle Cook, as Hot Spring County Sheriff and Individually
- Cited By
- 1 case
- Status
- Published