755 S.E.2d 653
W. Va.2014Background
- Brown was a police officer for the City of Montgomery from 2007 and became Chief in 2009 under Mayor Higgins.
- During Brown’s tenure, Officer Ivy filed a racial discrimination suit against the City; the suit was settled.
- Brown was terminated in November 2011 without a pre-termination hearing under W. Va. Code § 8-14A-3.
- Brown alleged his discharge violated public policy, specifically retaliation against Ivy’s discrimination claim, citing Harless and the WV Human Rights Act.
- The circuit court granted the city’s Rule 12(b)(6) motion, found no pre-termination hearing due, and found no basis for qualified immunity.
- On appeal, the Court held: (i) pre-termination hearing not required for non-civil-service position; (ii) Brown stated a viable public-policy wrongful discharge claim; (iii) respondents are not entitled to qualified immunity; remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pre-termination hearing entitlement | Brown asserts entitlement to hearing as police officer and chief. | City argues at-will, non-civil service status excludes hearing; officer not 'accused' for purposes of § 8-14A-3. | No pre-termination hearing required for non-civil service; affirmed on this issue. |
| Discharge in contravention of public policy viability | Discharge for refusing to retaliate against Ivy violates substantial public policy. | Discharge did not contravene public policy; GPS order not unlawful. | Yes, stated a public-policy wrongful discharge claim; viable under Harless and WV Human Rights Act. |
| Sufficiency of complaint to state claim | Complaint provides grounds to support retaliatory-discharge claim. | Rule 12(b)(6) dismissal appropriate if claim lacks essential elements. | Complaint sufficiently states a claim for wrongful discharge under Harless; not subject to dismissal at this stage. |
| Qualified immunity and Tort Claims Act applicability | Defendants’ actions were unlawful; immunity does not apply. | No liability unless conduct violated clearly established law; GPS device order not illegal. | Qualified immunity does not bar the claim; Tort Claims Act applicability determined City not covered; remanded for further proceedings. |
Key Cases Cited
- Harless v. First National Bank, 162 W. Va. 116, 246 S.E.2d 270 (1978) (retaliatory discharge and public policy exception to at-will employment)
- Birthisel v. Tri-Cities Health Services, 188 W. Va. 371, 424 S.E.2d 606 (1992) (sources of substantial public policy; specific guidance requirement)
- Williamson v. Greene, 200 W. Va. 421, 490 S.E.2d 23 (1997) (employee's public-policy retaliation claim under WV Human Rights Act)
- Holstein v. Norandex, Inc., 194 W. Va. 727, 461 S.E.2d 473 (1995) (employer liability under WV Human Rights Act; employee-to-employee liability)
- Hanlon v. Chambers, 195 W. Va. 99, 464 S.E.2d 741 (1995) (prohibition on retaliation against opposition to HR practices)
- Chapman v. Kane Transfer Co., Inc., 160 W. Va. 530, 236 S.E.2d 207 (1977) (Conley v. Gibson standard for Rule 12(b)(6) dismissal)
- Conley v. Gibson, 355 U.S. 41 (1957) (pleading standards; liberal notice pleading)
- State v. Chase Securities, Inc., 188 W. Va. 356, 424 S.E.2d 591 (1992) (qualified immunity framework for public officials)
- Holstein v. Norandex, Inc., 194 W. Va. 727, 461 S.E.2d 473 (1995) (employee as )