Reference no: EM133617785

Problem

Chuck and DeWayne, who were once best of friends, have been "on the outs" since DeWayne's wife, Pam, left him and began living with Chuck. DeWayne is a county deputy sheriff and Chuck is a budget analyst with the state police. One evening while DeWayne was on patrol, he noticed Chuck driving down a deserted road. DeWayne turned on his siren and lights whereupon he decided to stop Chuck. When Chuck inquired what he had done wrong, DeWayne responded, "I'm sure I'll find something." He detained Chuck for 30 minutes. During that time, he inspected Chuck's vehicle and eventually gave him tickets for operating a vehicle with a broken right turn signal and driving with under inflated tires. Chuck decided to take his case to traffic court. At the hearing, DeWayne testified that he pulled Chuck over for driving dangerously and having a "broken" turn signal and under inflated tires. Chuck was assessed a $100.00 fine by the judge.

The paths of these two individuals would cross again a month later because Chuck had applied for position as a county deputy sheriff. Upon finding out about this, DeWayne went to George Rawson, a friend of his who worked in the Department of Human Resources and requested that George ask the FBI to provide all records maintained on Chuck. DeWayne knew that Chuck had applied for a position at the FBI but did not get the job. Because of his friendship with DeWayne, George did contact the FBI, but his request for information was denied.
Undeterred DeWayne called an ex-girlfriend named Wendy, who worked in the personnel department of the State Police and asked for information about Chuck. Wendy checked her office's records and discovered an application for benefits had been filed. In the application, Chuck acknowledges that DeWayne had received psychological counseling because of depression stemming from the break-up with his wife. Wendy provides this information to a co-worker named Butts who, in turn, gives it to DeWayne. To thank Wendy and George for their assistance, DeWayne gave them box tickets to an upcoming Orioles game. Wendy told Nora Alice Kuykendall, who also worked in the personnel department of the State Police, all about the scenario and the great gift that DeWayne had given her for getting information on Chuck. Nora Alice reacted to the knowledge by telling her partner Jill who serves as chief-of-staff for the county executive. Fearing his information would become public, the chief of staff tells the county executive who requests an internal investigation of the matter.

Once these activities became public, Chuck filed a civil rights action under section 1983 of the Civil Rights Act against DeWayne, seeking an injunction prohibiting DeWayne from harassing him further. He also sought both general damages and punitive damages. He also alleged that DeWayne's behavior violated his constitutional rights. Chuck (and his lawyer) sued George, Wendy, the county, and the state for violating his constitutional rights. Based on these facts, answer the following issues/questions:

Question A. What must be proven to establish a section 1983 violation of the Civil Rights Act?

Question B. If Chuck can prove his constitutional claims, will general and/or punitive damages likely be awarded? Why or why not?

Question C. Can Chuck prevail against George, Wendy, the county in a court case? Can George and Wendy be held individually liable for their actions in this scenario? Can the county and state government be held liable? Why or why not?

Question D. If Chuck does not prevail in the state courts, can his attorney file suit in federal district court on the grounds the Fourteenth Amendment to the Constitution prohibits a state and its officials from denying him due process and equal protection of the laws within its jurisdiction?

Question E. Based on the limited information you have regarding this scenario, what course of action would you recommend to George and Wendy's supervisor in terms of dealing with their actions? Would you recommend that managers issue a reprimand, require ethics training, impose fines, recommend imprisonment, dismiss (fire) them both, and or take a combination of these actions? Elaborate.