Collins v. City of Newton

Several members of the Collins family sued the City of Newton and several of its officials alleging wrongful termination, intentional infliction of emotional distress, negligent infliction of emotional distress, slander, and reckless disregard of property. The plaintiffs are members of a firefighting family. William Donald Collins Sr. is the patriarch of the family; Mary Collins, Donald’s wife, the matriarch. Donald was a volunteer firefighter with the City of Newton Fire Department for more than thirty years. Mary never worked for Fire Department. Donald and Mary have three adult sons, William Donald “Donnie” Collins II, Jay Collins, and Colt Collins. Donnie and Colt were full-time, paid firefighters with the Fire Department in 2012, when the events at issue occurred. Jay also was a full-time, paid, firefighter with the Fire Department. Colt was married to Lisa Collins, who was a volunteer firefighter with the Fire Department in 2012. The Collinses claim that problems began in 2009, when the firefighters voted that Donnie be their chief over the then-current Chief Bounds. The Board of Aldermen ratified the vote, and Mayor David Carr vetoed the ratification. The Board overturned Mayor Carr’s veto. Mayor Carr obtained an ethics opinion regarding Donnie being his brothers’ boss, and the Board then declined to accept Donnie as fire chief. Donnie was made assistant chief and Walter Gordon was hired as chief. After Chief Gordon left, sometime in early 2012, Clarence Parks was hired as chief. On June 20, 2012, Chief Parks distributed a letter to all Fire Department personnel, Mayor Carr, and the Board, declaring every rank, position, and title in the Fire Department vacant, effectively stripping all firefighters of their ranks. Shortly thereafter, Joel Skinner was made interim chief. Skinner was Mary’s brother’s son; thus he was Donald’s and Mary’s nephew and first cousin to Donnie and Colt. Around July 5, 2012, after an argument with Skinner in a meeting, Donald was terminated from the Newton Fire Department. On about July 18, 2012, Donnie and Colt were terminated from the Newton Fire Department, and Lisa was terminated about July 23, 2012. The defendants filed a motion for summary judgment, which the trial court denied. After a new judge was assigned to the case, the defendants filed a motion for relief or reconsideration of the denial of summary judgment under Mississippi Rule of Civil Procedure 60; the trial court granted the Rule 60 relief. The Collinses appealed the trial court’s order granting summary judgment in favor of the defendants. Finding no reversible error, the Mississippi Supreme Court affirmed. View "Collins v. City of Newton" on Justia Law