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Yates v. Hurley7/5/2005
Garland N. Yates ("Yates"), Litchard D. Hurley ("Hurley"), and Western Surety Company (collectively, "defendants") appeal from an order denying their motions for summary judgment. We affirm in part, reverse in part, and dismiss plaintiff's complaint.
I. Background
From 7 January 1999 to 31 December 2002, Hugh Kevin Hines ("plaintiff") worked as an investigatorial assistant in the district attorney's office for 19-B Prosecutorial District. Plaintiff's job duties included locating and interviewing witnesses, serving subpoenas for attendance at trials, and acting as a liaison between the district attorney's office and law enforcement agencies. Prior to working for Yates, plaintiff worked as a lieutenant for the sheriff of Randolph County.
During the 2002 election, plaintiff became a candidate in the republican primary election for sheriff of Randolph County and challenged Hurley, the incumbent sheriff. Over the course of the campaign, plaintiff publicly criticized Yates for his prosecutorial decisions in prior cases and publicly announced his disagreement with Yates' decision to not criminally charge a sheriff's deputy who had collided with a motorcyclist during a pursuit. The motorcyclist died from injuries sustained from the collision. Plaintiff also publically expressed his disagreement with the sheriff's department's investigation and handling of an unrelated and unsolved murder case.
Plaintiff's affidavit states that:
Yates, on numerous occasions personally stated to me that he intended to discharge me from myemployment . . . due to my seeking the office of Sheriff of Randolph County . . . after each occasion on which I made a public appearance or there was some news media attention in connection with my election campaign.
After plaintiff appeared at a public event to express interest in running for the sheriff's position, plaintiff was instructed by Yates not to work on pending cases involving the Randolph County sheriff's department.
In the primary election held 10 September 2002, Hurley defeated plaintiff, secured the republican party's nomination, and won re-election as sheriff of Randolph County in the November general election. On 16 September 2002, less than one week after the primary election, plaintiff's annual employee performance report was completed. On 26 September 2002, Kay Lovin, Yates' administrative assistant and plaintiff's supervisor, informed plaintiff of his impending termination. Yates extended the termination date to 31 October 2002, and again to 31 December 2002, and offered plaintiff the opportunity to resign. Yates also offered to provide a reference to other law enforcement agencies. Plaintiff refused to resign and continued to criticize the sheriff's department after the election.
In his sworn affidavit, Yates stated, "[Plaintiff] continued to criticize the Sheriff and even accused him of voter fraud" and "stated publically that he intended to run against the Sheriff again in 2006." On 31 December 2002, plaintiff received a separation notice from Yates stating as grounds that " mployee is no longer able to function effectively in his position. To wit: cooperate and maintain an effective and confidential relationship with all law enforcement agencies in the judicial district." Yates listed as a second reason for plaintiff's separation as " mployee further directly criticized supervisor's decision in the media concerning a law enforcement matter."
Plaintiff instituted this action seeking damages from defendants for various torts: (1) wrongful discharge against Yates in both his official and individual capacity; (2) malicious interference with contractual relations ag
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