Kemper v. City of Jackson, TN
1:22-cv-02689
W.D. Tenn.Jan 24, 2025Background
- Plaintiff Phillip Kemper, a longtime Jackson, TN police officer, conducted an internal audit uncovering significant cash-handling irregularities by Captain Benton.
- After reporting his findings, Kemper was placed on indefinite paid administrative leave with loss of credentials, duties, and POST certification—all without formal charges or a hearing.
- Captain Benton, in contrast, received only a one-day suspension for the underlying misconduct revealed by Kemper.
- Kemper sued the City of Jackson, Mayor Conger, and Police Chief Wiser (in individual and official capacities) alleging due process, equal protection, Title VII, state whistleblower, and malicious harassment violations.
- Both sides moved for summary judgment. The parties submitted supplemental briefing following the Supreme Court's new guidance in Muldrow v. City of St. Louis.
- The Court's ruling addressed all claims, dismissing most except for due process and equal protection claims against the City, which will proceed to trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Official Capacity Claims | Not specifically argued, but pressed claims against individuals and entity | Redundant—official capacity claims duplicate City liability | Dismissed as duplicative; City is the proper defendant |
| Qualified Immunity (Individual Defendants) | Did not respond | Entitled to immunity; no clear violation | Claims against Conger & Wiser (individual) dismissed |
| Due Process (Prolonged Paid Leave & Restrictions) | Leave and restrictions are a deprivation requiring due process | Paid leave with benefits is not a deprivation | Denied summary judgment for both; genuine fact issue for jury |
| Equal Protection (Disparate Suspension) | Disparate treatment of Kemper vs. Benton after audit | No adverse action; claims abandoned | Denied summary judgment; genuine fact issue for jury |
| Title VII Claims | Asserted discrimination | No EEOC charge was filed | Dismissed for failure to exhaust administrative remedies |
| TN Whistleblower Act | Claimed protected whistleblower retaliation | Not terminated; still employed | Dismissed (not "discharged" per statute) |
| Malicious Harassment | (Admitted not based on protected class) | Not based on protected class | Dismissed (statutory requirement not met) |
Key Cases Cited
- Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985) (recognized civil servant property interest in employment and due process rights).
- Pearson v. Callahan, 555 U.S. 223 (2009) (qualified immunity standard for public officials).
- Kentucky v. Graham, 473 U.S. 159 (1985) (official capacity claims equal claims against the entity).
- Willowbrook v. Olech, 528 U.S. 562 (2000) (equal protection theory for disparate treatment).
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (summary judgment standard—genuine issue of material fact).
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986) (standards for evaluating summary judgment motions).
This matter proceeds to trial on Kemper's due process and equal protection claims against the City of Jackson.