Kvapil v. Chippewa Cnty.

752 F.3d 708

Blaine R. KVAPIL, Plaintiff–Appellant,

v.CHIPPEWA COUNTY, WISCONSIN, et al., Defendants–Appellees.

No. 13–2658.

United States Court of Appeals, Seventh Circuit.

Argued May 23, 2014.

Decided June 9, 2014.

Allen Steven Porter, Attorney, Madison, WI, for Plaintiff–Appellant.

Amy J. Doyle, Attorney, Crivello Carlson, S.C., Milwaukee, WI, for Defendants–Appellees.

Before BAUER and EASTERBROOK, Circuit Judges, and ST. EVE, District Judge.^*

ST. EVE, District Judge.

On January 2, 2012, Plaintiff Blaine Kvapil (“Kvapil”) filed an Amended Complaint alleging that he had a protected property interest in his seasonal work with Chippewa County's Highway Department and that Defendants violated his Fourteenth Amendment procedural due process rights when they suspended him and terminated his employment without affording him notice or an opportunity for a hearing. On May 11, 2012, Defendants filed a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56(a) that the district court granted on June 26, 2013. The district court entered judgment on June 27, 2013, and Kvapil filed this appeal. We affirm the ruling of the district court.

I. BACKGROUND

The Chippewa County Highway Department employed Kvapil as a seasonal employee from June 5, 2006, until June 27, 2008. Chippewa County is a municipal corporation organized and existing under Wisconsin law. At the time of Kvapil's termination, Defendant William Reynolds (“Reynolds”) was the Chippewa County Administrator, Defendant Douglas Clary (“Clary”) was the Chippewa County Planning and Zoning Administrator, and Defendant Bruce Stelzner (“Stelzner”) was the Chippewa County Highway Commissioner.

After Chippewa County hired Kvapil as a seasonal worker in the spring of 2006, he completed the Chippewa County New Employee Orientation for Limited Term Employees Form that advised him of Chippewa County's work rules, harassment policy, and employee handbook. In addition, Kvapil acknowledged receiving the Chippewa County Employment Handbook by signing a receipt that stated:

This employee handbook has been prepared for information purposes only. None of the statements, policies, procedures, rules or regulations contained in this handbook constitutes a guarantee of employment, a guarantee of any other rights or benefits, or a contract of employment, express or implied.

Unless noted in the collective bargaining agreements or working agreement, all county employees are employees at will, and employment is not for any definite period. Termination of employment may occur at any time at the option of Chippewa County.

The Chippewa County Employment Handbook also contained a provision entitled “At Will Employment” stating: “All employees of the County are ‘at will’ employees. Based upon this, employment can be terminated by either the County or the employee, at will, with or without cause, and with or without notice, at any time.”

Kvapil's long-standing dispute with the Chippewa County Planning and Zoning Department gives context to this appeal. Kvapil, who resides in Chippewa Falls, Wisconsin, also owns several acres of real property in the Town of Wheaton, which is also located in Chippewa County. From 2000 until 2008, Clary, as the County Planning and Zoning Administrator, contacted Kvapil about Kvapil storing unlicensed and inoperable vehicles on his Wheaton property that was zoned for agricultural purposes. In June 2000, for example, Clary sent Kvapil a letter stating that the Planning and Zoning Department had information regarding vehicles on Kvapil's property and that the certain zoning ordinances prohibited storage of these vehicles. Similarly, between 2000 and 2004, the Planning and Zoning Department sent Kvapil letters that his property was not in compliance with the relevant zoning ordinances. In response, Kvapil claimed that his property was in compliance, but repeatedly denied officials access to the Wheaton property for verification.

During the ongoing zoning dispute, Kvapil made numerous threats to Clary, including, but not limited to, the following:

• June 7, 2000, Kvapil stated he would be setting up bear and booby traps all over his property, that if he caught Clary on his property he would be in big trouble, and that Clary did not want to mess with him.

• On November 7, 2001, Kvapil told Clary not to tell him what he could or could not do with his property and that if he found Clary on his property, he would break his legs.

• On May 2, 2003, Kvapil went to the Planning and Zoning Department Office. After being told that Clary was not there, he raised his voice and stated “What, do I have to go to his fucking house?” Kvapil continued swearing and then left the office.

• On January 28, 2004, Kvapil called the Planning and Zoning Department Office asking for “Asshole,” referring to Clary. Kvapil then demanded that Clary stop harassing him and stated that Clary was harassing the wrong person.

In January 2004, Clary wrote a memorandum to the Chippewa County Board Chair discussing Kvapil's abusive behavior.Two years later in January 2006, the Planning and Zoning Department sent another letter to Kvapil about his property explaining that Clary would issue citations if Kvapil did not removed the vehicles or demonstrate that they were licensed and operable.

Approximately two years after the Planning and Zoning Department had last attempted to enforce the relevant ordinance, the Planning and Zoning Department sent Kvapil another letter. In that letter, Clary stated that he viewed the Wheaton property from the road on April 9, 2008, and observed: (1) approximately 17 unlicensed or inoperable vehicles; (2) scrap metal dumpsters being used for a non-permitted salvage yard; and (3) that the property was being used as a base for a snow-plowing and landscaping business that the County had not approved. The letter further explained to Kvapil that he had 30 days to either bring the property into compliance or obtain a conditional use permit.

After Kvapil failed to comply with the ordinance as directed by the May 7 letter, a judge issued a warrant to search Kvapil's property on June 13, 2008, after which Clary and a County Sheriff's deputy searched the Wheaton property. As a result of the inspection, the County issued Kvapil a citation for violating Chippewa County Ordinance 70–128 for having custody of inoperative motor vehicles on his property, including snowmobiles and lawn tractors. Two weeks later, the County issued Kvapil a second citation for violating the same ordinance.

On the day of the property inspection, June 13, 2008, Kvapil visited the Planning and Zoning Department's Office demanding the documents supporting the search warrant. Thereafter, Kvapil began to fill out a public records request. Clary approached Kvapil while he was filling out the request, at which time Kvapil asked for the information that was the basis of the search warrant. Clary gave him a copy of the signed warrant and explained to Kvapil that the supporting affidavit provided the reasons for the warrant. An argument ensued and Kvapil demanded to know when Clary would start enforcing the junk vehicle ordinances against other property owners and began listing owners he believed were in violation of the junk vehicle ordinances. According to Kvapil, Clary threatened him. Kvapil then became hostile, tore up the warrant, threw it at Clary, and said “you're going down.”

Clary immediately spoke with Chippewa County Administrator William Reynolds about Kvapil's threat and his history of threatening and abusive behavior towards Clary and members of the Planning and Zoning Department. On June 16 and 17, 2008, Reynolds, Chippewa County's Highway Commissioner Bruce Stelzner, and Chippewa County's Human Resources Manager exchanged emails about what course of action they should take in response to Kvapil's June 13 threat to Clary. Reynolds initiated the email exchange informing them that “Kvapil made what I consider to be the latest in a long line of threats to Doug Clary” and that the County “has a zero tolerance policy towards any violence or threat of violence.”

Stelzner decided to suspend Kvapil for one day. In a letter dated June 18, 2008, Stelzner explained to Kvapil that the County was suspending him for one day without pay because Kvapil's June 13 interaction with Clary violated certain County Ordinances, including the County's zero-tolerance policy regarding threats and violence. Also, the letter notified Kvapil that further infractions would subject him to more severe discipline, up to and including discharge. Stelzner gave Kvapil the letter during a meeting with Kvapil and his union representative.

On June 25, 2008, the director of Chippewa Rivers Industries (“CRI”), a company that Chippewa County owns, emailed Stelzner stating that he received a report that a CRI truck had run a private citizen off the road at approximately 1:45 p.m. on June 25, 2008, somewhere around Highways 12 and AA. In a subsequent email, CRI's director stated that based on the record of the drivers' times and locations, he had determined that Kvapil was the driver. After investigating the matter, Stelzner decided to terminate Kvapil's employment.

On June 27, 2008, Stelzner issued Kvapil a letter notifying him of his termination as a result of the driving incident, as well as his violations of the County's personnel ordinances and the Highway Department's work rules. Stelzner's letter cited Chippewa County Ordinance § 48.62(8), disrespect to clients or the public; § 48.62(2), willful or negligent use of county equipment; and § 48.62(13), repeated poor work performance. Stelzner gave the letter to the Assistant Highway Commissioner to deliver to Kvapil.

II. STANDARD OF REVIEW

We review the district court's grant of summary judgment de novo and construe all facts and reasonable inferences in the light most favorable to the non-moving party, in this matter, Kvapil. See Wilson v. Cook County, 742 F.3d...