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McBride v. Murray

The trial court's dismissal of appellant's second complaint was proper because she received her requested name-clearing hearing.

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Following the dismissal of her second amended complaint for damages resulting from an alleged improper termination, Vera McBride appeals, arguing that 1 following her termination as a Juvenile Correctional Officer at the Georgia Department of Juvenile Justice DJJ, she never received a proper name-clearing hearing conducted by Albert Murray, the Commissioner of the DJJ, and 2 since no final judgment from a proper name-clearing hearing has been entered in her case, her second amended complaint is timely filed. Because the record shows that McBride was given the name-clearing hearing she requested with a final resolution she accepted, we find no error and affirm the dismissal of her second amended complaint. In June 2003, McBride was terminated from her position as a Juvenile Correctional Officer by the DJJ following allegations that she was involved in misconduct with some of the inmates. McBride wrote letters to the Commissioner’s designee contesting her termination; however, her termination was finalized on June 21, 2003. McBride filed a petition for a writ of mandamus on August 31, 2004, requesting, among other things, a name-clearing hearing.

A hearing on McBride’s mandamus action was conducted by the trial court on February 17, 2005. At this mandamus hearing, after the DJJ asked whether the name-clearing hearing could be conducted by the DJJ in front of the Commissioner’s designee, McBride interjected and asked the trial court to preside over the hearing, stating: “we would prefer, if your Honor is willing to hold it, that your Honor hold it.” In addition, McBride agreed that the name-clearing hearing would be conducted pursuant to applicable federal case law.

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