Rebecca Bowden v. Jefferson County, Texas
676 F. App'x 251
5th Cir.2017Background
- Rebecca Bowden was Chief Deputy Constable in Jefferson County Precinct 1 under Constable Charles Wiggins and had served under prior constables.
- After Nick Saleme defeated Wiggins in the 2012 election, Bowden and others overheard a phone call in which Saleme was alleged to say he would terminate staff for supporting Wiggins; Saleme disputed that characterization.
- Bowden learned county payroll changes would remove the incumbent constable’s staff as of Jan 1, 2013, and she executed retirement paperwork effective Dec 31, 2012, rather than be fired.
- Bowden sued in state court, amended to add 42 U.S.C. § 1983 claims (First and Fourteenth Amendment) against Saleme (official capacity) and Jefferson County for constructive termination; defendants removed and moved for summary judgment.
- The district court granted summary judgment for the County and Saleme (official capacity) on the § 1983 claims; this appeal addresses municipal liability under Monell principles.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Constable Saleme was a final policymaker for Jefferson County, making the County liable under § 1983 | Bowden: Saleme had authority over hiring/firing deputies and so was a county policymaker for that function | County: Constables lack final policymaking authority for the county; Saleme was not a county policymaker | Held: Saleme is not a county policymaker under Texas law; County not liable |
| Whether a county policy or custom caused the alleged First/14th Amendment violation | Bowden: The terminations reflected a policy or the delegee’s policymaking authority | County: No county policy or custom caused the termination; actions were those of the constable, not county policy | Held: Bowden failed to identify a county policy or custom as the moving force; claim fails |
Key Cases Cited
- Piotrowski v. City of Houston, 237 F.3d 567 (5th Cir. 2001) (elements for municipal liability under § 1983)
- McMillian v. Monroe County, 520 U.S. 781 (1997) (officials whose acts may represent policy can subject local government to § 1983 liability)
- City of St. Louis v. Praprotnik, 485 U.S. 112 (1988) (identify officials with final policymaking authority)
- Monell v. Department of Social Services, 436 U.S. 658 (1978) (municipal liability requires policy or custom as moving force)
- Rhode v. Denson, 776 F.2d 107 (5th Cir. 1985) (Texas constables held not to be county policymakers)
- Keenan v. Tejeda, 290 F.3d 252 (5th Cir. 2002) (reaffirming constables are not county policymakers for Monell liability)
- Rivera v. Houston Indep. Sch. Dist., 349 F.3d 244 (5th Cir. 2003) (summary judgment standard citation)