Locklear v. Whiteville NC

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT RICHARD LOCKLEAR, Plaintiff-Appellant, v. WHITEVILLE, N.C., The Town of, a municipal corporation; JOHN RAYNOR, Chief, in his official capacity and individually; JEFF B. EMORY, in his official capacity as city manager and individually; No. 96-2642 RANDALL ARAGON, as Chief of Police of the Town of Whiteville in his official capacity and individually, Defendants-Appellees, and THE TOWN COUNCIL OF THE TOWN OF WHITEVILLE, N.C., Defendant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. W. Earl Britt, Senior District Judge. (CA-95-31-7-BR) Argued: March 2, 1998 Decided: April 21, 1998 Before HAMILTON, Circuit Judge, BUTZNER, Senior Circuit Judge, and MOON, United States District Judge for the Western District of Virginia, sitting by designation. _________________________________________________________________ Affirmed by unpublished per curiam opinion. _________________________________________________________________ COUNSEL ARGUED: Woodberry Lennon Bowen, BOWEN & BERRY, Lum- berton, North Carolina, for Appellant. Patricia Lee Holland, CRAN- FILL, SUMNER & HARTZOG, L.L.P., Raleigh, North Carolina, for Appellees. _________________________________________________________________ Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). _________________________________________________________________ OPINION PER CURIAM: Richard Locklear appeals the district court's entry of summary judgment in favor of the Town of Whiteville, North Carolina and sev- eral present and former officials of Whiteville* (collectively, the Defendants) in this action arising out of the termination of Locklear's employment with the Whiteville Police Department. Locklear alleged seven causes of action against the Defendants, each of which has its genesis in Locklear's assertion that his employment was wrongfully terminated because he complained about a former supervisor's misuse of Whiteville Police Department time cards. Locklear's causes of action alleged: (1) substantive due process violations in contravention of both the United States Constitution and the North Carolina Consti- tution; (2) procedural due process violations in contravention of both the United States Constitution and the North Carolina Constitution; (3) wrongful discharge in violation of North Carolina public policy; (4) occupational liberty interest violations in contravention of the _________________________________________________________________ *Specifically, Locklear asserts causes of action against John Raynor, former Chief of Police of Whiteville; Jeff Emory, the City Manager of Whiteville; and Randall Aragon, current Chief of Police of Whiteville. 2 North Carolina Constitution; (5) equal protection violations in contra- vention of both the United States Constitution and the North Carolina Constitution; (6) breach of the covenant of good faith and fair dealing in violation of North Carolina common law; and (7) civil conspiracy in violation of North Carolina common law. The district court rejected each of Locklear's substantive claims, holding, in part, that Locklear had not shown that his termination was causally related to his "whistleblowing" activities. We have carefully examined the record, the briefs, the arguments of counsel, and the opinion of the district court. We agree with the district court that Locklear has failed to establish any of the violations he alleges and, therefore, affirm on the reasoning of the district court. See Locklear v. Town of Whiteville, No. 7:95-CV-31-BR(2) (E.D.N.C. Oct. 15, 1996). AFFIRMED 3