709 F.Supp.3d 260
N.D. Miss.2024Background
- Plaintiff Victoria Perkins, a Panola County sheriff’s deputy, alleges retaliation after acting in a custody dispute involving the grandchild of county supervisor Earl Burdette.
- Perkins claims Burdette verbally threatened her following her lawful actions in the custody incident and then sought to have her disciplined via the sheriff, who reviewed bodycam footage and declined.
- Thereafter, three supervisors (Burdette, Flint, and Weaver) allegedly led a campaign to revoke donated leave benefits previously awarded to Perkins, culminating in wage garnishment actions.
- Perkins asserts multiple procedural irregularities in the Board’s decision to revoke her benefits, including lack of notice, failing to await legal opinions, and immediate wage garnishment without court order or due process.
- Procedurally, defendants moved to dismiss, invoking qualified immunity and res judicata based on an earlier, untimely state court appeal by Perkins which was dismissed for procedural reasons.
- The court analyzes whether there is a federal constitutional claim, focusing on “class of one” equal protection and procedural due process.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Class of one Equal Protection | She was singled out for arbitrary punishment | "Class of one" claims not permitted in public employment (Engquist) | Dismissed per Engquist; not allowed |
| Procedural Due Process (Official Cap.) | Benefits/garnished wages taken without due process | No protected property interest, actions lawful, not clearly established law | Dismissal denied as to County; claim proceeds |
| Qualified Immunity (Individuals) | Rights clearly established, conduct egregious | No precise precedent, law not clearly established | Qualified immunity granted, claims dismissed |
| Res Judicata (Prior State Appeal) | Dismissal for procedure, not on merits; not same claim | Dismissal was with prejudice, could have raised §1983 | No bar; procedural dismissal not on merits |
Key Cases Cited
- Village of Willowbrook v. Olech, 528 U.S. 562 (2000) (established "class of one" equal protection claims for arbitrary government action, but later limited in public employment context)
- Engquist v. Oregon Dep’t of Agric., 553 U.S. 591 (2008) (bars "class of one" equal protection claims in public employment)
- Kentucky v. Graham, 473 U.S. 159 (1985) (official capacity lawsuits are treated as claims against the entity itself)
- Monell v. Dep't of Soc. Servs. of City of New York, 436 U.S. 658 (1978) (municipal liability for official policies/customs)
- Owen v. City of Independence, Mo., 445 U.S. 622 (1980) (municipalities not entitled to qualified immunity under § 1983)
- Davidson v. Cannon, 474 U.S. 344 (1986) (simple negligence insufficient for due process violation)
- City and County of San Francisco v. Sheehan, 575 U.S. 600 (2015) (qualified immunity requires specific authoritative precedent)
- Valley v. Rapides Par. Sch. Bd., 118 F.3d 1047 (5th Cir. 1997) (discusses fair and impartial tribunal as due process requirement)