Miller v. Maddox

51 F.Supp.2d 1176

Brian D. MILLER, Plaintiff, v. Charles MADDOX, Vernon Jordan, Robert Carlile, Galen Marble, Ron Thornburg, individually and in their official capacities, and The City of Liberal, Kansas, Defendants.

No. 97-1549-JTM.

United States District Court, D. Kansas.

May 28, 1999.

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MEMORANDUM AND ORDER

MARTEN, District Judge.

Plaintiff has asserted six causes of action against the defendants stemming from his employment with the City of Liberal's ("City") police department: a 42 U.S.C. § 1981 race discrimination claim against all defendants; a 42 U.S.C. § 1983 claim against all defendants except Ron Thornburg; a 42 U.S.C. § 1985 conspiracy claim against all defendants except the City and Thornburg; a 42 U.S.C. § 1986 negligence claim against Thornburg and the City; a Title VII discrimination claim against the City; and a Title VII retaliation claim against the City.

Defendants Charles Maddox, Vernon Jordan, Robert Carlile, Thornburg and the City have joined together in filing a motion for summary judgment, and defendant Marble has filed a motion for summary judgment. The defendants have also filed motions to strike plaintiff's response. The parties have fully briefed the matter and appeared before the court on March 29, 1999, to present oral arguments. After examining the parties' briefs and considering their oral arguments, the court is prepared to rule. The defendants' motions to strike plaintiff's response are denied. Under the Federal Rules of Civil Procedure, plaintiff's response was timely. See Fed. R.Civ.P. 6(a) (excluding legal holidays from the computation period); Fed. R.Civ.P. 6(e) (allowing three additional days for a party to respond if it has been served by mail). With respect to the summary judgment motions, Marble's motion for summary judgment is granted, and the other defendants' motion is denied in part and granted in part as set forth below.

I. Facts

Plaintiff Brian Miller is a 33 year old black male. He was born and grew up in Kansas City, Missouri. He obtained an Associate Degree in Criminal Justice from Garden City Community College. Plaintiff moved to Liberal, Kansas in April 1988 when he was hired by the Liberal police department ("LPD"). At all times relevant to this lawsuit, plaintiff has served as an officer for the LPD and continues to serve in that capacity.

Several men have held the position of Chief of Police of the LPD since plaintiff's arrival. Tom Hinsdale was Chief of Police until he was reassigned to another position in July 1994. At that time, Tom Anderson became the Acting Chief. In December 1994, Acting Chief Anderson stepped down and Captain Vernon Ralston was appointed Acting Chief. In February 1996, Vernon Jordan was appointed Chief of Police. Jordan is the only police chief plaintiff has sued in this case.

In 1989, plaintiff arrested Ronald "Buster" Carlile for obstruction of a law enforcement officer in the performance of his duties.¹ Buster Carlile is the brother of the defendant Robert Carlile, who currently serves as a member of the Liberal city commission. Plaintiff believes Robert Carlile remains angry with him for arresting his brother, and that he continues to want plaintiff fired because of the arrest.

In October 1990, plaintiff filed a race discrimination complaint against the City and Captain Charles Maddox with the Kansas Commission on Civil Rights (KCCR). At all times relevant to this action, Maddox has been a Captain in the LPD. Plaintiff's complaints were based upon an alleged course of discrimination and harassment against him by Maddox resulting in discriminatory treatment of plaintiff based on his race or color. The alleged course of conduct included attempted reprimands, surveillance, unwarranted scrutiny and criticism unequal to that given to white police officers, specific orders to plaintiff's immediate supervisors not to permit a white female animal control officer to ride with plaintiff, and specific instructions to plaintiff that he was not to speak with the white female while on duty. In October 1992, plaintiff's complaint was resolved through a settlement agreement brokered by the KCCR in which plaintiff received no money and the City admitted no wrongdoing.

In the spring of 1992, Captain Maddox contacted plaintiff and asked if he would be interested in transferring to the investigations division of the police department from operations ("patrol"). Plaintiff agreed and was transferred to investigations in April 1992. There is no distinction in rank between the investigations and patrol divisions of the LPD. Plaintiff acknowledged as much in his deposition in this case.² Likewise, plaintiff's pay did not increase because of his transfer to investigations. In investigations, plaintiff did receive a clothing allowance, but this was simply to reimburse him for the clothes he wore to work. As an officer in patrol, the police department supplied plaintiff with a uniform. Plaintiff also received the use of an unmarked car while in investigations. However, this was to be driven for work purposes only.

In 1993, plaintiff became acquainted with Cynthia Aumiller, a member of the police department's Explorer post. Aumiller was a member of the Explorer Scouts because her father had asked Maddox, his friend, to assist her in finding some direction and positive influence for her life. Plaintiff and Aumiller became friends, and Aumiller visited plaintiff's home on several occasions. They also exchanged numerous phone calls. According to plaintiff, Aumiller wanted a romantic relationship with him.

Sometime in 1994, at the request of Aumiller's parents, Captain Ralston conducted an internal affairs investigation into plaintiff's relationship with Aumiller. According to plaintiff, Aumiller's father was upset because he thought his daughter, who was white, was dating plaintiff, a black man. At Ralston's request, Captain Maddox accompanied him to interview Aumiller at the Liberal airport. Aumiller denied any sexual relationship.

In August 1994, plaintiff himself initiated an interview with the LPD command staff regarding his relationship with Aumiller. Plaintiff contacted Captain Maddox, who told him he needed to contact acting Chief Anderson. Plaintiff called Anderson and disclosed to him that Aumiller wanted a sexual relationship with him. Neither Maddox nor anyone else from the LPD took any disciplinary action against plaintiff as a result of this interview.

In October 1994, acting Chief Anderson transferred plaintiff from investigations to patrol, and in November 1994, he transferred plaintiff back to investigations. Plaintiff does not believe Anderson possessed a discriminatory or retaliatory motive in taking these actions.

At some point around this time, Aumiller took an overdose of pills and was admitted to the local hospital. At that time, Captain Maddox learned Aumiller was alleging plaintiff had assaulted her with a gun.

In August 1995, plaintiff was appointed to a law enforcement advisory committee of the Kansas Attorney General ("Committee"). He remains a member of that Committee. Plaintiff is not compensated to serve on the Committee. To date, the Committee has met only seven times. Five of these meetings occurred during Jordan's tenure as Liberal's police chief. Plaintiff alleges that Chief Jordan denied him time off to attend these meetings, but on the only specific occasion plaintiff can remember, Jordan explained to him that a manpower shortage at the LPD prevented him from giving plaintiff time off.

After learning of plaintiff's appointment to the Committee, defendant Carlile spoke with Ralston, who was Acting Chief of Police. When he learned Ralston did not know why plaintiff had been appointed to the Committee, Carlile called the Attorney General's office to request an explanation. The Attorney General's office informed him that a local Liberal attorney, Bradley Ambrosier, had recommended plaintiff for the appointment. Carlile then called Ambrosier and told him any recommendation should have gone through the LPD. According to Ambrosier, Carlile did not use any racial slurs or overtones in his conversation with him.³ At about this same time, Carlile's brother, Don Carlile, Director of Transportation for the Kansas Corporation Commission, called Maddox and KBI Director Larry Welch wanting a background check on plaintiff.⁴ Also during this time, defendant Carlile encountered Chief Ralston at the local Wal-Mart store and spoke with him regarding plaintiff. According to Ralston, Carlile wanted plaintiff fired and called him a "black son-of-a-bitch." Ralston Dep. at 10. Ralston understood that defendant Carlile wanted plaintiff fired because of Buster Carlile's earlier arrest. Ralston refused to fire plaintiff, and in any event, only the city manager, Ron Thornburg, possessed the authority to dismiss City personnel.

During this time frame, Aumiller, along with local rape crisis counselors, Gretchen Loucks and Joyce Hassell, approached assistant county attorney Russell Hasenbank with a complaint against plaintiff. Aumiller alleged, among other things, that plaintiff had taken her out to the country and put a gun in her mouth. Aumiller did not want to go to the LPD with her complaint, but instead wanted to meet with plaintiff. Against his better judgment, Hasenbank arranged a meeting between Aumiller and plaintiff. Aumiller restated her accusations, which plaintiff denied. Plaintiff ended the encounter by getting up and leaving. Hasenbank related the results of this meeting to Captain Maddox and acting Chief Ralston.

In October 1995, acting Chief Ralston transferred plaintiff from investigations to patrol due to a manpower shortage. According to plaintiff, the LPD always seems to be short-staffed. Plaintiff did not receive a pay cut, and he did not consider the transfer a demotion. Plaintiff does not believe Ralston possessed any discriminatory or retaliatory...