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HOLLOWELL v. GRAVETT

October 19, 1988

CALVIN HOLLOWELL, PLAINTIFF
v.
CARROLL L. GRAVETT, Sheriff for Pulaski County, Arkansas; Jim Beach, Chief Deputy of Pulaski County; and Ron Oliver, James Whitten, Tommy Holland, Ellis Throckmorton, and William Driggers, Civil Service Commissioners, DEFENDANTS



The opinion of the court was delivered by: HOWARD, JR.

 GEORGE HOWARD, JR., UNITED STATES DISTRICT JUDGE

 Pending before the Court are a number of motions for summary judgment. For the reasons set forth below, the motions are granted.

 PROCEDURAL BACKGROUND

 These cases arise out of the dismissal of plaintiff as an officer with the Pulaski County Sheriff's Department. The dismissal resulted from allegations made to the Sheriff (defendant Gravett) that plaintiff paid money to have sex with several prostitutes in Little Rock, Arkansas, and therefore engaged in activity unbecoming to a police officer and aided and abetted in the illegal activity of prostitution.

 Plaintiff, through retained counsel, filed suit in federal court on April 6, 1986, against Gravett, alleging violation of his constitutional rights to procedural due process in that Gravett did not provide plaintiff with a pretermination hearing. Plaintiff further alleged that defendant discriminated against him on the basis of his race in terminating him. This action was docketed as LR-C-86-183.

 On June 17, 1986, plaintiff filed a pro se complaint against Gravett, five Civil Service Commissioners, the county attorney for Pulaski County, and the attorney for the sheriff of Pulaski County. This action alleged, inter alia, that the post-termination hearing before the Civil Service Commission violated plaintiff's constitutional rights to procedural due process. This action was docketed as LR-C-86-337.

 On October 8, 1986, plaintiff filed another pro se complaint against the same individuals as those in LR-C-86-337, and added as defendants Jim Beach, the Chief Deputy of Pulaski County; Dave Dillinger, an Arkansas State Police officer; Ed Montgomery, another attorney for Pulaski County; Judge Don Venhaus, the Pulaski County Judge; and Judge Tom Digby, Circuit Judge for Pulaski County. Plaintiff alleged defendants conspired to deprive him of his constitutional rights to equal protection of the law and to discriminate against him on the basis of race. Although not specifically pled, plaintiff appears to assert that defendants conspired to terminate him and bring false charges against him because of his race. Plaintiff also alleged defendants violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2OOOe et seq. Plaintiff's Title VII claim was dismissed by Order dated November 16, 1987. *fn1" This case was docketed as LR-C-86-600.

 Defendants Givens, Curry, Montgomery and Dillinger have all moved for summary judgment. Each defendant will be discussed separately.

 Defendant Givens

 Plaintiff was terminated from his employment with the Pulaski County Sheriff's Department on or about May 1, 1985. Pursuant to Ark. Stat. Ann. § 12-1120 et seq., (recodified as A.C.A. § 14-15-601 et seq.) plaintiff requested a trial before the Civil Service Commission. Prior to the hearing, Sheriff Gravett retained the services of Art Givens, an attorney in private practice, on a contractual basis to present the Sheriff's case at the Commission hearing. In mid-May, 1985, Givens met with the four prostitutes who had identified plaintiff as either having paid money to have sex with them or had requested that "dates" be arranged with other prostitutes.

 Givens conducted the direct examination of the four prostitutes and offered into evidence their written statements and the results of polygraph examinations which corroborated their testimony. Plaintiff was represented by counsel at the hearing and had the opportunity to cross examine the women and to object to the introduction of evidence. Plaintiff testified at the hearing and called two additional witnesses on his behalf. At the conclusion of the hearing, the members of the Civil Service Commission went into executive session and voted to sustain the decision of the Sheriff to discharge plaintiff. Givens did not participate in the executive session or the decision to uphold plaintiff's dismissal.

 Plaintiff makes a number of accusations about Givens. In LR-C-86-337, plaintiff contends that Givens represented the Sheriff's Department in an illegal administrative hearing, that Givens deprived the plaintiff of his constitutional rights by bringing frivolous charges against plaintiff, and by making defamatory statements about plaintiff. In LR-C-86-600, plaintiff alleges that Givens was part of a conspiracy to deprive plaintiff of his constitutional rights and to discriminate against him ...


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