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Todd v. Kelley3/10/2000
In 1997, Norman Todd was dismissed from his employment as a police officer for the City of Millbrook. In 1998, Todd sued the City; Al Kelley in his official capacity as the mayor; Capt. Kenneth Bradley in his official capacity as the chief of police; and Sgt. Ron Fields in his official capacity as Todd's supervisor. Todd alleged that the defendants had deprived him of property without due process of law, in violation of the Fourteenth Amendment to the United States Constitution, and had violated his right to freedom of speech guaranteed by the First Amendment to the United States Constitution. He claimed that the defendants were, therefore, liable for damages pursuant to 42 U.S.C. § 1983. Todd also alleged a state-law claim of wrongful discharge, asserting that the defendants had maliciously, willfully, and wantonly caused him to be terminated from his employment in retaliation for his reporting misconduct by Sgt. Fields and Mayor Kelley.
The trial court entered a summary judgment in favor of all defendants on all claims, and Todd appealed to the Alabama Supreme Court. The supreme court transferred the appeal to this court, pursuant to § 12-2-7(6), Ala. Code 1975.
Norman Todd worked for the City of Millbrook as a police officer from the spring of 1996 until he was discharged on December 5, 1997. Sometime between February and April 1997, he reported to his supervisor and to Chief of Police Kenneth Bradley several instances of misconduct by Millbrook Mayor Al Kelley. Todd reported that he had seen the mayor driving under the influence of alcohol. Todd also recounted that the mayor had radioed Todd in his patrol car and had requested that he be picked up from a certain location and taken to his residence because he (the mayor) had been drinking alcoholic beverages and did not want to drive home. On one occasion, Todd said, he took the mayor home and the mayor refused to get out of the patrol car, saying that he "couldn't go in yet" or that he "needed to ride around [with Todd] for a while." Todd said that on that occasion he continued his patrol duties, with the mayor in the patrol car.
It is undisputed that Mayor Kelley knew of Todd's report. Chief Bradley testified by deposition that he talked to the mayor about Todd's report and "advised [the mayor] that he could not be riding with us when he was drinking." When Bradley was asked whether the mayor admitted "that he had been drinking when he had been riding with [police officers]," he said the mayor replied, "A little bit."
Todd also reported to Chief Bradley two instances of misconduct by Sgt. Ron Fields: sleeping on the job and sexually harassing a victim. Chief Bradley testified that he spoke with Sgt. Fields about Todd's report that Fields had been sleeping on the job and Fields denied that he had been sleeping. As to the report of sexual harassment, Todd stated that on the morning of July 26, 1997, he, Sgt. Fields, and Officer Robbie Johnson responded to a domestic-disturbance call at a residence in Deatsville. When the officers arrived on the scene, an older man reported that his granddaughter, P.E., and her boyfriend had been fighting and that the boyfriend had run off into the woods. Todd stated that they apprehended the boyfriend, that Sgt. Fields and Officer Johnson stayed outside with the boyfriend, and that he (Todd) went inside to talk to the granddaughter, P.E. Todd said that P.E. was sitting on the bed in a back bedroom with her hands over her face and would not talk to him. He radioed Sgt. Fields to come inside and try to talk to P.E. When Sgt. Fields entered the room, he directed Todd to go back outside with Officer Johnson and the boyfriend. Todd remained outside for a few minutes and then reentered t
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