Langford v. Hale County AL Commission et al

Filing 100

ORDER denying 88 Motion for Judgment as a Matter of Law as set out. Signed by Judge Kristi K. DuBose on 9/16/2016. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (cmj)

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IN THE UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF ALABAMA

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SOUTHERN DIVISION

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___________________________________
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ANN LANGFORD,
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PLAINTIFF,
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VS.
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HALE COUNTY ALABAMA COMMISSION;
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HALE COUNTY PROBATE JUDGE,
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DEFENDANTS.
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___________________________________)

CIVIL NO. CV14-00070
COURTROOM 5A
U.S. FEDERAL COURTHOUSE
MOBILE, ALABAMA
JUNE 06, 2016

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JURY TRIAL - DAY 01

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EXCERPTED TRANSCRIPT

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BEFORE THE HONORABLE KRISTI K. DUBOSE
UNITED STATES DISTRICT COURT JUDGE

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APPEARANCES:
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FOR PLAINTIFF:

Charles M. Ingrum, Jr., Esq.
P.O. Box 229
Opelika, Alabama
36803

FOR DEFENDANTS:

Webb & Eley, P.C.
By:
Jaime H. Kidd, Esq.
By:
J. Randall McNeill, Esq.
7475 Halcyon Pointe Drive
Montgomery, Alabama
36124

COURT REPORTER:

Melanie Wilkins, RMR, CRR
Official Court Reporter
113 St. Joseph Street
Mobile, Alabama
36602
251) 690-3371

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MELANIE WILKINS, RMR, CRR, OFFICIAL COURT REPORTER
P.O. BOX 560, MOBILE, ALABAMA
36602
[phone]

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Proceedings reported by machine stenography.

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Transcript produced by computer.

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[June 06, 2016, in open court.]

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[The following is an excerpted transcript.

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proceedings reported but not transcribed herein.]

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[Excerpt of direct testimony of Ann Langford.]

Prior

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BY MR. INGRUM:

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Q.

Was Judge Crawford in the office the day she told you?

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A.

He was not.

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Q.

What day were you terminated from the probate office?

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A.

March 11

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Q.

What did Judge Crawford say to you when he called you into

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his office on the afternoon of March 11

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A.

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Your services are no longer needed.

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replacement will be here in the morning.

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last day, if you should so choose to come."

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Q.

Did you ask him why you were being terminated?

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A.

Yes, after I got my breath.

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Q.

Did he respond and give you a reason?

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A.

He would not give me a reason.

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a breach of trust and confidence.

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needed.

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your keys.

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choose to come."

th

He was gone on his trip.

, 2013.

th

, 2013?

He said, "There's been a breach of trust and confidence.
Turn in your keys.

Your

Friday will be your

He repeated, "There's been
Your services are no longer

Your replacement will be here in the morning.

Turn in

Friday will be your last day, if you should so

MELANIE WILKINS, RMR, CRR, OFFICIAL COURT REPORTER
P.O. BOX 560, MOBILE, ALABAMA
36602
[phone]

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Q.

Again, we've looked at -- whoops.

We looked at page 9 of

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the Hale County Personnel Policy that outlined the steps

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necessary in terminating an employee.

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you -- before you were terminated, did he give you a verbal

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reprimand?

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A.

No, sir.

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Q.

Did he give you a written reprimand?

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A.

No, he did not.

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Q.

Did he follow any of the procedures set out in the Hale

Did Judge Crawford give

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County Personnel Policy?

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A.

No, sir, he did not.

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Q.

Were you in the probate office the next day, after -- were

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you there March 12

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A.

Yes, I was.

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Q.

Do you know Patricia Pickens?

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A.

Yes, I do.

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Q.

What time did she start work on March 12

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A.

First thing in the morning.

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Q.

Do you know if she had ever worked in a probate office?

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A.

Not to my knowledge.

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Q.

Do you know where she worked before she came to this

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probate office?

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A.

Yes.

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Q.

Where was that?

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A.

She worked at the Hale Empowerment Resource Organization,

th

, 2013?

th

?

MELANIE WILKINS, RMR, CRR, OFFICIAL COURT REPORTER
P.O. BOX 560, MOBILE, ALABAMA
36602
[phone]

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a nonprofit organization, in Greensboro, commonly known as

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HERO.

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Q.

Do you know who Laura Barrett's replacement was?

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A.

Yes, I do.

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Q.

Who was that?

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A.

Felicia Williams.

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Q.

What is Felicia William's race?

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A.

African-American.

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[Further proceedings reported but not transcribed herein.]

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[Excerpt of testimony of Ann Langford on direct.]

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BY MR. INGRUM:

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Q.

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seen about since then?

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A.

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preexisting condition of arthritis, which is true.

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diagnosed with it only a month, say, prior.

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earlier, I have had extensive skin cancer and have had the

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surgery, Alabama Dermatology Clinic in Tuscaloosa.

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I got this pretty nose.

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had two episodes with that.

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keep a check on that.

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Q.

Have you been able to get -- keep a check on that?

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A.

I have not.

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Q.

Do you find that upsetting or disturbing?

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A.

It does.

Did you have any other medical conditions that you haven't

Yes.

Strangely enough, the letter turns me down for the
I had been

But two years

That's why

And I'm supposed to have had -- I've
And, naturally, I'm supposed to

I hope to tend to it, but I have not yet.

MELANIE WILKINS, RMR, CRR, OFFICIAL COURT REPORTER
P.O. BOX 560, MOBILE, ALABAMA
36602
[phone]

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Q.

How was it in Greensboro, Alabama after you lost your job?

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How were things?

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town?

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A.

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everybody of all walks of life, most of them by name.

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seen them all or met them all one way or another, especially in

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my years in the probate office, and the fact that I've lived

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there my whole life.

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humiliating times in my life was Tuesday morning, if not the

How did you feel?

How was walking around

Well, I've lived there my whole life.

I think I know
I've

Probably one of the most embarrassing and

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evening before on Monday.

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Q.

You are talking about March 11

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A.

March, yes.

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Q.

Of 2013?

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A.

March the 12

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every day and did my job for years knowing when I opened that

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door what was it going to be like.

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exactly what was going to happen in the next few days or

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months.

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.

th

?

To walk into the place I walked in

I knew -- I did not know

It was literally walking into the unknown.

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But there stood Judge Crawford and Ms. Pickens, and I

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had to face everybody that came in that office that day, people

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that saw me every day, that I waited on, assisted, my coworkers

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and customers and attorneys that are in and out of there every

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day.

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And, of course, it was -- I either had to tell them

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in person in front of my colleagues and God Almighty what was

MELANIE WILKINS, RMR, CRR, OFFICIAL COURT REPORTER
P.O. BOX 560, MOBILE, ALABAMA
36602
[phone]

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happening.

And it's hard.

It was embarrassing and

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humiliating, and that was just that day.

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For the rest of -- the next several days and weeks,

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months, everywhere you go people ask what's happening to you,

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why it happened, details, even phone calls from people, you

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know, wondering why you are not there.

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at the probate office of people asking for me.

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have --

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MR. McNEILL:

I'm sure they got calls
They had to

Object to that, Your Honor.

Move to

strike.

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THE COURT:

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THE WITNESS:

It's overruled.
I didn't understand what he --

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BY MR. INGRUM:

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Q.

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newspaper?

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A.

Oh, yes.

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Q.

Was it talked about at different places that you went

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around town?

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A.

Yes.

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Q.

Church?

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A.

Yes.

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Q.

Grocery store?

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A.

[Nods head.]

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Q.

Drug store?

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A.

Everywhere.

Did the story of you being terminated, was it run in the

I was headlines of the newspaper.

MELANIE WILKINS, RMR, CRR, OFFICIAL COURT REPORTER
P.O. BOX 560, MOBILE, ALABAMA
36602
[phone]

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Q.

Did you try to get your job back with Hale County after

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Judge Crawford terminated you?

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A.

Yes, I did.

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Q.

I believe we've shown documents where you submitted a

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grievance and wanted to know why or if you could have your job

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back?

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A.

I surely did.

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Q.

The letter that we introduced as Bench Book 7, the letter

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from May 30

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from Webb & Eley to me, the first time you saw

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detailed, any sort of detail, as to why you were terminated, it

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said that you had a pattern of failing or refusing to carry out

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your job duties.

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Is that true or accurate at all?

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A.

It is absolutely not true.

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Q.

It said that you were not cooperative, cheerful, and

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productive with Judge Crawford and other staff members.

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there any truth to that?

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A.

No, sir.

Is

Not a grain of truth.

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[End of excerpt of Witness Ann Langford.

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proceedings reported but not transcribed herein.]

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THE COURT:

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MR. INGRUM:

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have.

Further

Next witness.
Your Honor, that's all the witnesses we

We'll rest.

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THE COURT:

Resting.

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Anything from the defense?

MELANIE WILKINS, RMR, CRR, OFFICIAL COURT REPORTER
P.O. BOX 560, MOBILE, ALABAMA
36602
[phone]

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MS. KIDD:

Your Honor, at this time we'd like to move

for a judgment as a matter of law.

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THE COURT:

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And, while she does this, why don't you go into this

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room here.

It will be about 10, 15 minutes.

[Bench conference with Ms. Kidd and Mr. Ingrum present.]

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THE COURT:

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MS. KIDD:

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Then you'll need to come up to sidebar.

Okay.

Go ahead.

Well, Your Honor, I think that the more

clear point right now is that there's been very, very little

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bit of evidence as to the First Amendment claim as to why she

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was fired in associating with Judge Avery.

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of evidence, certainly a lot of evidence, about the race claim,

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but most of the evidence thus far has been about, you know, the

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due process claim, that she wasn't granted due process.

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that's a separate issue.

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THE COURT:

Well,

Well, as to the political

claim, First Amendment claim, I deny your motion.
As to the race claim, what evidence do we have that
it was race-based other than she was white --

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MR. INGRUM:

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THE COURT:

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All right.

There's been a lot

I had a lot of evidence.
-- and replaced by a black?

You didn't

even get in that Ms. Galbreath was replaced by a black.

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MS. KIDD:

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MR. INGRUM:

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THE COURT:

She wasn't.
She wasn't.
That's why you didn't get it in.

MELANIE WILKINS, RMR, CRR, OFFICIAL COURT REPORTER
P.O. BOX 560, MOBILE, ALABAMA
36602
[phone]

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MR. INGRUM:

They combined the jobs.

They took a

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white and black and put them together for the job, but there

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was no one hired especially for her job.

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didn't --

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THE COURT:

So that's why I

If I had known that, I don't think I

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would have let her testify.

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replaced by a white -- I mean, a black.

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MR. INGRUM:

No.

Go ahead.

I thought she was

The county attorney was.

But I'm

trying to think with -- I guess part of it is the pretextural

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portion of it.

There's no -- she was white and replaced by

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someone black.

There were other things that really is not in

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evidence except Tricia was also terminated, which is the state

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of the evidence now.

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The pretext of what was done.

He has stated he terminated Laura Barrett -- excuse
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me -- he terminated Ann Langford on March 11

and that was

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when he decided to terminate Ann Langford.

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the replacement in Greene County three weeks earlier.

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less experience, which is a factor, pretext.

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or consistently articulated his reasoning for terminating Ann

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Langford.

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confidence.

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reason.

Yet he was training
She has

He never clearly

All he would say is she breached trust and
Two and a half months later, he comes up with a

I think the reason is all pretext for what was done.

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THE COURT:

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MS. KIDD:

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THE COURT:

All right.
Your Honor -Let me -- I'm taking it under advisement.

MELANIE WILKINS, RMR, CRR, OFFICIAL COURT REPORTER
P.O. BOX 560, MOBILE, ALABAMA
36602
[phone]

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It's probably going to go out.

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on your political.

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MR. INGRUM:

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THE COURT:

You've got a much better case

And I recognize that.
I'm not saying you are going to win on

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it.

I'm just saying that -- I mean, if I was looking at all of

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this, I think the only thing that I could argue is that, well,

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you know, she supported Avery; he didn't want her in there.

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That's your case, but there's nothing about race here other

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than he's black and she's white.

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MR. INGRUM:

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THE COURT:

I tried to get in what I could.
I know, but there's just nothing -- I

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mean, I'm trying to think it through.

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throwing it out this second.

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second, I can't think of anything.

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"he's not saying the real reason" is what you are saying.

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not saying the real reason.

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terminology "pretext," that goes out the window once we go to

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trial.

I'm going to think -- this
I understand your whole
He's

And also, by the way, the

So there won't be any jury instructions about pretext.

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That's why I'm not

MR. INGRUM:

We had a joint agreed jury instruction

about it.

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THE COURT:

Well, the Eleventh Circuit says we don't

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use that once we get to trial.

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judgment, you don't use the term "pretext" and all that

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anymore.

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become evidence of we don't have a shifting burden here.

Once you get past summary

But I understand what you are saying.

It can be

MELANIE WILKINS, RMR, CRR, OFFICIAL COURT REPORTER
P.O. BOX 560, MOBILE, ALABAMA
36602
[phone]

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MR. INGRUM:

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THE COURT:

Right.
But it can become if he's not telling the

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truth about why he did that, then you can use that as evidence,

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that he maybe did it for a wrong reason.

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MR. INGRUM:

And, Your Honor, I would think of it as

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take political out of it.

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discriminatory purpose.

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THE COURT:

It looks like a cover-up for some

Well, no, no, no.

Actually, if I were to

take the political stuff out of it, we wouldn't be here.

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MR. INGRUM:

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THE COURT:

And that's not what I'm asking.
Because if I just had this -- that's how

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I'm trying to think of this, if this was solely based on

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discrimination, this case, you wouldn't have gotten past

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summary judgment.

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And you had all this stuff mixed up.

MR. INGRUM:

It's hard to divide the political and

race line.
THE COURT:

It's not for me because I don't live in

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Hale County, and I probably don't understand how it's -- it's

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obviously not -- well, apparently, it is down race lines, but

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it's the Democrat party that appears to be down race lines.

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But, anyway, that's why I let this go to trial because I

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thought I don't know how that all works there.

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what I've heard and what the jury has heard so far is he's

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white -- I mean, he's black and she's white.

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MR. INGRUM:

And her qualifications.

But, I mean,

Her

MELANIE WILKINS, RMR, CRR, OFFICIAL COURT REPORTER
P.O. BOX 560, MOBILE, ALABAMA
36602
[phone]

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qualification being replaced, you have --

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THE COURT:

She was replaced by somebody that was his

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treasurer in his political campaign, and he trusted and he

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wanted that person in there.

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is the --

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MR. INGRUM:

You know,

See, we are stepping right back into

political.

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THE COURT:

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MR. INGRUM:

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Now, could he do that?

It's all about politics.
And I understand.

I thought about this

as this case was going on.

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THE COURT:

But I'm going to think about it overnight

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in case you come up with this other case law that says

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something, but I'm taking it under advisement.

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the morning, and I'll rule in the morning.

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cases, I'll keep prolonging it.

Remind me in

If you give me some

I'll read your cases.

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But you've got witnesses?

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MS. KIDD:

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THE COURT:

Yes, Your Honor.
Okay.

And let's see.

So I denied on

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your -- this is for Karen, who is not in the courtroom.

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listening.

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advisement on the race discrimination.

Denied on the First Amendment.

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Do you have any other motion?

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MS. KIDD:

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THE COURT:

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MR. INGRUM:

Carried under

Not at this time.
You don't have anything, of course.
No, Your Honor.

MELANIE WILKINS, RMR, CRR, OFFICIAL COURT REPORTER
P.O. BOX 560, MOBILE, ALABAMA
36602
[phone]

She's

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THE COURT:

All right.

Let's start your case.

Bring

them back.

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[End of excerpt.

Further proceedings reported, but not

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transcribed herein.]

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MELANIE WILKINS, RMR, CRR, OFFICIAL COURT REPORTER
P.O. BOX 560, MOBILE, ALABAMA
36602
[phone]

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STATE OF ALABAMA)
:
COUNTY OF MOBILE)
ANN LANGFORD
vs.
HALE COUNTY ALABAMA COMMISSION;
HALE COUNTY PROBATE JUDGE.
CASE NO. CV14-00070
I, Melanie Wilkins, do hereby certify that the above

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and foregoing transcript of proceedings in the matter

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aforementioned was taken by me in machine shorthand, and the

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questions and answers thereto were reduced to writing under my

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personal supervision using computer-aided transcription, and

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that the foregoing represents a true and correct transcript of

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the proceedings upon said hearing.

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I further certify that I am neither counsel nor

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related to the parties to the action, nor am I in anywise

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interested in the result of said cause.

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Pages 1 to 14, inclusive.

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s/Melanie Wilkins
Melanie Wilkins
Registered Merit Reporter
Certified Realtime Reporter
Official Court Reporter
United States District Court
Southern District of Alabama
113 St. Joseph Street
Mobile, Alabama
36602
[phone]

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MELANIE WILKINS, RMR, CRR, OFFICIAL COURT REPORTER
P.O. BOX 560, MOBILE, ALABAMA
36602
[phone]