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 07, 2016

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JURY TRIAL - DAY 02

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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 07, 2016, in open court.]

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[The following is an excerpted transcript.]

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[Out of the presence and hearing of the jury.]

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THE COURT:

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long time last night.

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All right.

I have wrestled with this a

I've done it.

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All right.

Let me tell you what I've done and why

The whole issue of who is liable is just

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something I've struggled with, but I think I've come up with

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the right conclusion.

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go to the jury because -- for two reasons.

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case again.

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might consider after the verdict, but we are going to let it go

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to the jury.

First of all, I'm going to let the race
I'm not trying this

If I'm wrong -- and it might be something that we

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And, two, your cases were somewhat persuasive that

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made me doubt myself that I'm going to let it go to the jury

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for right now.

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What I've done as -- let me see if I can get this

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straight.

I wrote myself notes here.

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race claim.

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Title 7 no matter what.

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because they are the employer, they are responsible for what

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Judge Crawford does.

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1983, they have to do something.

All right.

Let's start with the

The County Commission stays in under
They don't have to do a thing, but

So they stay in under Title 7.

Under

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

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I went back and looked at the evidence, and the only

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evidence we have is that County Commissioner Rogers says "We

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didn't do anything."

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where the former attorney, Mr. Holmes, seems to indicate that

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they voted, but that's not part of the evidence.

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it confused with what the evidence was on summary judgment.

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There is a letter in one of your exhibits

I was getting

So there's no evidence that the County Commission did

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anything, unless I missed something.

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last night, and I couldn't find anything.

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MR. INGRUM:

No.

I went over everything

What we have kind of contended is

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that the County Commission did something by not doing anything,

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a pocket veto.

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terminated but -- because she was a commission employee.

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Nobody did anything.

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THE COURT:

David Rogers objected that she should not be

Right.

So on the race issue, we have

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Judge Crawford individually, and we have him in his official

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capacity, which is redundant with the Hale County.

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the same.

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MR. INGRUM:

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THE COURT:

It's all

Right.
I mean, so if -- I want the defendant to

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jump in if I'm wrong.

When I say "it's all the same," it would

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be the -- if there's a verdict against Judge Crawford for his

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actions on race, it would be against him in his official

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capacity, him in his individual capacity, and against the

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County Commission under Title 7.

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

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[Further proceedings reported but not transcribed herein.]

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THE COURT:

Have y'all gone over the verdict form?

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MR. McNEILL:

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THE COURT:

I have not seen them yet, Judge.
I'll let Karen know to bring out the

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final verdict form and the jury instructions, final jury

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instructions, out.

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11:00 and give you some time to take a break, get ready for

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your closing arguments.

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you can tell me, other than the objections just stated, if

And we'll reconvene about ten until

And ten to 11:00 we'll reconvene and

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there's anything else.

If there's not, we'll bring the jury up

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and get started with your closing arguments.

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How long do you need?

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MR. INGRUM:

Your Honor, I believe -- and I've been

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trying to work it down -- but I think I can do 10 minutes and

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then they'll have their 20 minutes and 10 minutes.

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THE COURT:

Okay.

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All right.

Anything else?

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That's great.

That works for me.

Am I forgetting anything?

Is there anything we need to talk about --

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MS. KIDD:

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THE COURT:

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MS. KIDD:

Your Honor, do we need -Oh, your motions.
We renew our motions for judgment as a

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matter of law on behalf of the Commission, on 1983,

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Judge Arthur Crawford in his official and individual

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capacities -- for all defendants in all counts.

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THE COURT:

And for all claims?

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

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MS. KIDD:

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THE COURT:

And for all claims, yes, ma'am.
And, as I explained this morning, unless

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you've got some other thoughts on the County Commission, it's

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my intent to grant summary judgment on the County Commission on

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the 1983 claims because no act has been shown by the County

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Commission in particular.

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Do you have argument against that?

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MR. INGRUM:

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And it's my understanding Arthur

Crawford in his official capacity will remain in.

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THE COURT:

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MR. INGRUM:

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THE COURT:

Right.
Okay.
So I grant the summary judgment on the

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1983 claims as to the race and the First Amendment as to the

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County Commission.

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The Title 7 claim motion for summary judgment against
the County Commission is denied.

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The motion for summary judgment as to Arthur Crawford

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in his individual and official capacity as to both claims are

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denied.

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It's denied.
Something that hasn't been discussed but nobody has

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brought up is the issue of the punitive damages against Arthur

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Crawford.

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damages, which is why I haven't put it in the jury charges.

I haven't heard anything to support punitive

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Do you disagree?

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MR. INGRUM:

Of course, we would love punitive

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

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damages to be in there.
[Further proceedings reported but not transcribed herein.]

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THE COURT:

Now, to determine the amount of Ann

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Langford's net lost wages and benefits, you should consider the

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evidence of the actual wages she lost and the monetary value of

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any benefits she lost.

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damage for any other items of monetary damages are sought and

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can be recovered by Ann Langford in each claim, the total

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amount of damages can only be recovered once.

Although both this type of damages and

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To determine whether and how much Ann Langford should

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recover for emotional pain and mental anguish, you may consider

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both the mental and physical aspects of injury, tangible and

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intangible.

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Ann Langford does not have to introduce evidence of a

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monetary value for intangible things like mental anguish.

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will determine what amount fairly compensates her for her

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claims.

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should be fair in light of the evidence.

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You

There's no exact standard to apply, but the award

Now, you must at least award a nominal damage of $1

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against Judge Crawford and Hale County Commission for their

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violation of Ann Langford's due process rights.

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Now, in order for Ann Langford to recover more than

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this $1 nominal damage for the deprivation of due process, she

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must show by a preponderance of the evidence that she suffered

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some actual compensable injury caused solely by the failure to

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

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give her procedural due process.

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Now, if you find that the emotional distress or any

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other damages would have been incurred by Ann Langford even if

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proper procedures had been used in discharging her, then she is

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not entitled to such damages.

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Now, you are instructed that any person who claims

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damages as a result of an alleged wrongful act on the part of

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another has a duty under the law to mitigate those damages.

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For purposes of this case, the duty to mitigate damages

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requires Ann Langford to be reasonably diligent in seeking

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substantially equivalent employment to the position of Chief

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Probate Clerk.

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To prove that Ann Langford failed to mitigate

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damages, the defendants must prove by a preponderance of the

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evidence that, one, work comparable to the position of Chief

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Clerk was available; and, two, Ann Langford did not make

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reasonably diligent efforts to obtain it.

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If, however, the defendant showed that Ann Langford

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did not make reasonable efforts to obtain work, then the

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defendants do not have to prove that comparable work was

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available.

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If you find that defendants have proved by a

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preponderance of the evidence that Ann Langford failed to

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mitigate damages, then you should reduce the amount of Ann

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Langford's compensatory damages by the amount that could have

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

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been reasonably realized if Ann Langford had taken advantage of

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an opportunity for substantially equivalent employment.

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[Further proceedings reported but not transcribed herein.]

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[Out of the presence of the jury.]

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THE COURT:

Okay.

Then after that, we'll just be

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back here at 1:00 o'clock.

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your cell phone if you plan to be anywhere else other than

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here.

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Just be close by.

Give Melanie

And you'll take them downstairs and have them back up
around 1:00 then.

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COURT SECURITY OFFICER:

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MR. INGRUM:

Yes, ma'am.

Judge, this is just me asking.

Do they

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have a calculator or -- I mean, it is a little complicated,

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this case.

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THE COURT:

Yes.

Ms. Aycox usually puts one --

Ms. Barnes usually puts one in the room for them.

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MR. INGRUM:

All right.

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THE COURT:

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MR. McNEILL:

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MS. KIDD:

All right.

Thank you, Your Honor.
Thank you.

Thank you, Judge.

Thank you.

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[The court is in recess while the jury deliberates.]

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[Chambers conference.]

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THE COURT:

Okay.

So Melanie went in to do

THE CLERK:

Well, they thought they had a question,

something.

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

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and then I knocked on the door.
THE COURT:

So she went in.

And "we need to ask you

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a question."

She's like, "I can't answer questions."

And they

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said just preliminary stuff, and they said this is what it is.

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The question is basically they were confused if they

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find compensatory damages like how it all gets added up or what

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they should do.

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So this was my attempt to explain it a little better

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and get your approval before I read it to them or have Melanie

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take it in to them.

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MS. KIDD:

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THE COURT:

Let's go paragraph by paragraph.
Okay.
To clarify the cumulative damages issue.

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"Because the plaintiff is requesting the same damages for each

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claim, i.e. loss of wages, benefits, and emotional distress

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based on her termination, she can only recover one time for

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these compensatory damages."

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Everybody agree with that?

Make sure because that's

the basis for everything else.

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"Therefore, if you find that she's proven her race

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claim and that she has proven compensatory damages, then you

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should put that amount in the blank under the Race

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Discrimination section."

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MS. KIDD:

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THE COURT:

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Yes.
If you find -- blah, blah, blah.

"If you

find she's proven compensatory damages on her due process

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

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claim, then you should put that amount in the Due Process

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section."

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Let's stop there.

Of course, the reason I'm doing

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that because if one of her claims go out, we want to know.

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I don't think I need to explain that to the jury.

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All right.

So

Now, "As to the due process claim, you

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may find that she's not due any compensatory damages, only

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nominal damages of $1, or,

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"That she's due compensatory damages based on her

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termination if you find she would not have been terminated if

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her due process had not been violated."

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to her that it's all -- to them that it's all the same.

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That's just explaining

Now, the amount of compensatory damages, if proven,

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should be the same for the Race, First Amendment, and Due

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Process claim because the same evidence was presented as the

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basis for damages for each of these claims.

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MR. McNEILL:

But not necessarily for the due

process.

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THE COURT:

Well, hold on.

His theory -- I listened

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carefully.

He didn't put on any evidence about, you know,

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emotional distress or anything else other than from when she

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was fired.

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all these bad things happened to me.

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People talked about me.

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whatever she said.

That's what she talked about.

"When I was fired,

They ran articles.

You know, I had headaches," or

But it all had to do with her based on her

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

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termination.

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That's why I'm saying every bit of evidence he put on

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had to do with her due process rights and if he had listened to

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her and heard her side, she wouldn't have been fired and all

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this stuff wouldn't have happened to her.

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MR. INGRUM:

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THE COURT:

Am I wrong?

That's correct.
Okay.

So it's the same.

It's the same,

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one, two, or three.

Because that's why I said they have to

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find if you -- No. 2, that she's due compensatory damages based

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on her termination.

So if you find that she would have been

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terminated -- had not been terminated, her due process rights

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had not been violated.

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MR. McNEILL:

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THE COURT:

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MR. McNEILL:

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THE COURT:

Okay.

Okay.

Yes, ma'am.

You see what I'm saying?
Yes, ma'am.
I've limited what they can get because

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that's the only evidence that was presented, what happened to

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her after she was terminated.

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MR. McNEILL:

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MS. KIDD:

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THE COURT:

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Yes, ma'am.

I understand now.

Yeah, yeah.
There was nothing that she had a mental

breakdown after it all happened.
MR. INGRUM:

But wasn't it all at the same time?

What else could possibly have happened?
THE COURT:

That's my point.

What else could she

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

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have done the second that he -- there's nothing else that could

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happen.

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MR. INGRUM:

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THE COURT:

The foreseeable consequence of it.
Now, had she not been fired and, you

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know, or she got her job back or whatever and then she could

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have talked about mental damages, you know, because like I had

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to go a week before I got the -- or whatever.

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happened.

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tried to explain to them because they are like, well, what

Our facts don't fit that.

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MR. INGRUM:

All right.

So then I

happens if we -- so I did this.

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That's not what

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Your Honor, I'm still having trouble

getting my head around No. 2.
THE COURT:

Okay.

Yes.

It's not very well-worded.

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No. 1 is clear enough that she's not due any compensatory or

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nominal damage or, two, that she's due compensatory damages

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based on her termination if you find that she would not have

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been terminated.

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MS. KIDD:

So in other words -- if she had gotten the

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notice in the hearing would she not have been fired.

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then, that's the damages.

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what you are --

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MR. INGRUM:

Well,

It's the causation factor.

Right.

I see

And that's getting to me.

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course, I'm reading it also.

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I don't know that that's going to make sense to them.

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know a better way to say it, though.

Of

If I don't know anything about --

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

I don't

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MR. McNEILL:

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THE COURT:

I don't either.
Well, let's try, as to the due process

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claim, you may find, one, that she's due compensatory damages

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based on her termination.

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the rest of it out that she's due compensatory damages based on

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her termination.

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choice.

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or --

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Well, actually, I could just take

Based on her termination.

They have no other

Either they've got to find it based on her termination

MS. KIDD:

My concern is that they -- my concern

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would be the idea of if they find -- in other words, that if

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they were to find that -- sorry.

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I'm really trying to think of a better way to say this right.

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Based on her termination, like, what if they find that she --

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well --

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THE COURT:

MR. INGRUM:

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THE COURT:

MR. INGRUM:

So you've got two choices:

Nominal or

I think the double negative in the

second part of the sentence is throwing them.

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MR. McNEILL:

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saying the same thing.

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Right.

damages based on her termination.

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I think what we do is take out that last

part and put "based on her termination only," period.

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I'm trying to think because

THE COURT:

It does make it read better.

It's

I'm going to defer to you, Jaime.
I'm sorry.

I need to get an answer back

to them.

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:

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Yes.
Do you want go on my computer?

It's on

my computer.

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MR. McNEILL:

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THE COURT:

Yes, yes.

I think "only" is fine.

Turn to the back page.

"When the Court

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issues final judgment, it will note the amount awarded on each

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claim but actually award only one sum for compensatory damages.

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Then I give them two examples to illustrate.

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find $50, $50, and then $1 as nominal.

You know, if you

Then I'm going to award

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$51.

If you'll find 200, 200, 200, I'm going to award 200.

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tried to go low and high so that, you know.

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MR. INGRUM:

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THE COURT:

I

So there's no difference.
But to try to give them two examples

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because they seem to be concerned about how all this works.

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And so --

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MR. INGRUM:

And I guess if I'm a juror, my next

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question would be what if race discrimination is 100, First

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Amendment is 200, due process is 300.

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THE COURT:

I'd say refer back to the paragraph where

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I say they have to be the same.

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MR. INGRUM:

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THE COURT:

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Right.
It has to be the same because it's the

same.

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MR. INGRUM:

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THE COURT:

It's the same -The same evidence.

It would be an

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

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inconsistent verdict on their part.

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MR. INGRUM:

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THE COURT:

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Correct.
If they found race was $50, and this was

200.

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MR. INGRUM:

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THE COURT:

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they believe it or they don't.

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MS. KIDD:

Because it's the same evidence.

MR. INGRUM:

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Right.

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Okay.
Okay.

THE COURT:

Don't be hesitant to tell me I'm wrong.

I'm going to make this change real quick.

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THE COURT:

Be right back.

[Brief Recess.]

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Either

If you want to read it to them, but tell

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them you can't answer any questions and then hand it to them

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and leave.

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THE CLERK:

Gotcha.

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THE COURT:

Is that okay with everybody?

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MR. McNEILL:

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MR. INGRUM:

Yes.
Yes.

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[Court is in recess while the jury deliberates.]

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[Chambers conference.]

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THE COURT:

Actually, when I read this, I thought,

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oh, my God, why did I leave this in here?

The second element,

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if you find that Ann Langford had a political affiliation.

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as I read it, that should have come out with another candidate.

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

So

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I should have said, you know, that's a proven fact.

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MR. INGRUM:

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THE COURT:

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oh, that should have come out.

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Langford had a political affiliation.

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MS. KIDD:

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Yeah.

Check.

And, as soon as I read that, I thought,

THE COURT:

Then I go on to say that Ann

Yes.
So you read what I'm going to send back.

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Is that good with everybody?

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record, the jury has asked for the definition of "affiliation."

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The answer would be -- for the

The answer the Court proposes to give is that, "In

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this case the parties have agreed that Ann Langford had a

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political affiliation with Leland Avery, candidate for probate

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judge.

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See instructions, page 6."

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Therefore, you should accept this as a proven fact.

[End of excerpt.]

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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 17, 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]