Bailey v. Major Tommy Wheeler

Plaintiff filed suit against Major Wheeler and others, alleging, inter alia, a claim under 42 U.S.C. 1983 for violation of his First Amendment rights and a claim under Georgia law for defamation. After plaintiff reported constitutional violations by his fellow officers, Major Wheeler issued a county-wide alert to all law-enforcement officers, picturing plaintiff, warning that he was a “loose cannon” who presented a “danger to any [law-enforcement officer] in Douglas County,” and directing officers to “act accordingly.” The district court denied Wheeler's motion for qualified immunity and official immunity on the defamation claim. The court concluded that plaintiff's allegations allow for the reasonable inferences that the Police Department communicated with the Sheriff’s Department about plaintiff's complaints prior to Wheeler’s issuance of the be-on-the-lookout advisory (BOLO), that the Sheriff’s Office and Wheeler knew about the termination-appeal hearing, and that Wheeler issued the BOLO at least in part in retaliation for plaintiff's complaints. Therefore, the court concluded that plaintiff sufficiently alleged that Wheeler violated plaintiff's First Amendment rights when he issued the BOLO and the court affirmed the denial of qualified immunity. The court also concluded that plaintiff's constitutional right to be free from retaliation that imperiled his life was clearly established at the time that Wheeler issued the BOLO. The allegations satisfy the showing of a deliberate intention to do wrong—that is, actual malice. Therefore, the court affirmed the district court's denial of official immunity. View "Bailey v. Major Tommy Wheeler" on Justia Law