Donna O. Epps v. Louise Watson, as Tax Commissioner of Madison County and Individually

Madison County Tax Commissioner Louise Watson brings an interlocutory
appeal arguing that the district court erred in determining that: (1) Donna Epps'
Amended Complaint adequately pleads a First Amendment Freedom of
Association claim; (2) the Tax Commissioner's conduct would violate clearly
established Freedom of Association law; and (3) Epps' Amended Complaint
adequately pleads a procedural due process violation and her allegations fail to
overcome Watson's qualified immunity defense. Affirmed

I. BACKGROUND

According to her Amended Complaint, Epps "was employed by the County
as a clerk in the Tax Commissioner's Office." R-12, Exh. A at 3. Watson, the tax
commissioner for Madison County, Georgia, supervised Epps. Epps "was not in
any decision making role within the department." Id. at 4. "All ministerial
decisions relating to the Tax Commissioner's Office were made by Defendant
Watson." Id.

During the 2004 election for tax commissioner, in which Watson ran as the
incumbent, Epps allowed Watson's opponent to place campaign signage on her
private property. Watson knew that Epps historically had allowed political
candidates to place such signage on her property and Watson did not at anytime
request permission to place campaign signage on Epps' property.

In 2004, Watson was the incumbent in an election campaign and after
Watson was re-elected, Watson stated "I am going to clean house." Id. at 5.
Watson dismissed Epps from her staff the day after her re-election. Watson stated
that Epps was "doing a good job," but stated the reason for Epps' termination was
"a cold environment." Id. at 6. Epps sought to appeal her dismissal but could not
because the tax commissioner's staff is not subject to the appeals process of
Madison County. Epps subsequently filed suit in district court against Watson,
both individually and as tax commissioner, alleging that she was dismissed from
Watson's staff because she had allowed Watson's opponent to display political
campaign signage on her private property and that she was denied due process in
attempting to appeal her dismissal. Epps, pursuant to 42 U.S.C. § 1983, sought to
recover monetary damages from Watson, alleging that Watson violated her rights
under the First and Fourteenth Amendments.

Watson filed a pre-answer motion to dismiss Epps' claims on the basis of qualified immunity from suit in her individual capacity. The district court denied
Watson's motion and she filed a timely appeal.

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