Chandler Nelson Hughes v. Halifax Cnty. Sch. Bd. James Gregory Herbert Lloyd Julian Harrison, & Tommy Lacks, 855 F.2d 183 (4th Cir. 1988). · Go Syfert
Chandler Nelson Hughes v. Halifax Cnty. Sch. Bd. James Gregory Herbert Lloyd Julian Harrison, & Tommy Lacks, 855 F.2d 183 (4th Cir. 1988). Cases Citing This Book View Copy Cite
84 citation events (41 in the last 25 years) across 23 distinct courts.
Strongest positive: Thompson v. Fairfax County Public Schools (vaed, 2024-02-05) · Strongest negative: United States v. Temple (nysd, 2004-11-05)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 40 distinct citers. How cited ↗
discussed Cited "but see" United States v. Temple
S.D.N.Y. · 2004 · signal: but see · confidence high
But see, e.g., Hughes v. Halifax County School Board, 855 F.2d 183, 187 (4th Cir.1988) (comparing judges and police officers “clothed in state power” to two maintenance workers clothed in "county coveralls” and finding the "indicia of state authority just [are not] the same”); cf. Walsh, 194 F.3d at 51 (totality of the circumstances showed actor was within his authority). 4 .
cited Cited as authority (rule) Thompson v. Fairfax County Public Schools
E.D. Va. · 2024 · confidence medium
Bd., 855 F.2d 183, 186 (4th Cir. 1988).
cited Cited as authority (rule) Parson v. Palmer
E.D. Va. · 2023 · confidence medium
Bd., 855 F.2d 183, 186-87 (4th Cir. 1988)).
cited Cited as authority (rule) MATHIS v. CASWELL COUNTY SCHOOL BOARD OF EDUCATION
M.D.N.C. · 2021 · confidence medium
Bd., 855 F.2d 183, 185 (4th Cir. 1988) (citing Monell v. Dep’t of Soc.
discussed Cited as authority (rule) Smith v. City of Dunbar, West Virginia
S.D.W. Va · 2020 · confidence medium
Bd., 855 F.2d 183, 186 (4th Cir. 1988) (stating that “[t]o establish municipal liability under § 1983, the plaintiff must show that the execution of a municipal policy or custom inflicts an injury.”).
discussed Cited as authority (rule) Mull v. Griffith (2×) also: Cited "see"
N.D.W. Va. · 2019 · confidence medium
Bd., 855 F.2d 183, 186 (4th Cir. 1988) (citing Monroe v. Pape, 365 U.S. 167, 184 (1961)).
cited Cited as authority (rule) Sanchez v. California
E.D. Cal. · 2015 · confidence medium
Hughes v. Halifax County School Bd., 855 F.2d 183, 184 (4th Cir.1988).
cited Cited as authority (rule) Rogers v. DEJOSEPH
D. Conn. · 2008 · confidence medium
Bd., 855 F.2d 183, 187 (4th Cir.1988)).
cited Cited as authority (rule) Givens v. O'QUINN
W.D. Va. · 2006 · confidence medium
Bd., 855 F.2d 183, 186-87 (4th Cir.1988).
discussed Cited as authority (rule) Givens v. O'Quinn
4th Cir. · 2005 · confidence medium
Bd., 855 F.2d 183, 186-87 (4th Cir.1988) (concluding that assault on county employee by co-workers was not committed under color of state law because assailants’ positions gave them no power over victim).
cited Cited as authority (rule) Ashby v. Isle of Wight County School Board
E.D. Va. · 2004 · confidence medium
Bd., 855 F.2d 183, 185 (4th Cir.1988)(same).
discussed Cited as authority (rule) Patterson v. County of Oneida
2d Cir. · 2004 · confidence medium
See, e.g., Martinez v. Colon, 54 F.3d 980, 987 (1st Cir.1995) (co-worker’s “singularly personal frolic” of hazing the plaintiff until co-worker’s gun accidentally discharged, maiming the plaintiff, held not state action), cert. denied, 516 U.S. 987 , 116 S.Ct. 515 , 133 L.Ed.2d 423 (1995); Hughes v. Halifax County School Board, 855 F.2d 183, 184, 186-87 (4th Cir.1988) (co-workers’ taunts and a mock hanging of the plaintiff held not state action), cert. denied, 488 U.S. 1042 , 109 S.Ct. 867 , 102 L.Ed.2d 991 (1989); Ottman v. City of Independence, 341 F.3d 751, 761-62 (8th Cir.2003) (…
discussed Cited as authority (rule) Patterson v. County of Oneida, New York
2d Cir. · 2004 · confidence medium
See, e.g., Martinez v. Colon, 54 F.3d 980, 987 (1st Cir.1995) (co-worker's "singularly personal frolic" of hazing the plaintiff until co-worker's gun accidentally discharged, maiming the plaintiff, held not state action), cert. denied, 516 U.S. 987 , 116 S.Ct. 515 , 133 L.Ed.2d 423 (1995); Hughes v. Halifax County School Board, 855 F.2d 183, 184, 186-87 (4th Cir.1988) (co-workers' taunts and a mock hanging of the plaintiff held not state action), cert. denied, 488 U.S. 1042 , 109 S.Ct. 867 , 102 L.Ed.2d 991 (1989); Ottman v. City of Independence, 341 F.3d 751, 761-62 (8th Cir.2003) (alleged se…
discussed Cited as authority (rule) Ottman v. City Of Independence
8th Cir. · 2003 · confidence medium
Bd., 855 F.2d 183, 186-87 (4th Cir.1988) (co-workers were not acting with state authority when they taunted plaintiff and performed a mock hanging of plaintiff); Murphy v. Chicago Transit Auth., 638 F.Supp. 464, 468 (N.D.Ill.1986) (staff attorneys who sexually harassed fellow staff attorney were not liable pursuant to section 1983).
discussed Cited as authority (rule) Ottman v. City of Independence
8th Cir. · 2003 · confidence medium
Bd., 855 F.2d 183, 186-87 (4th Cir.1988) (co-workers were not acting with state authority when they taunted plaintiff and performed a mock hanging of plaintiff); Murphy v. Chicago Transit Auth., 638 F.Supp. 464, 468 (N.D.Ill.1986) (staff attorneys who sexually harassed fellow staff attorney were not liable pursuant to section 1983).
discussed Cited as authority (rule) Rossignol v. Voorhaar
D. Maryland · 2002 · confidence medium
Here, however, the Purchasing Defendants are unquestionably state officials, and the inquiry is whether “the actions complained of were committed while the defendants were purporting to act under the authority vested in them by the state, or were otherwise made possible because of the privileges of their employment.” Hughes v. Halifax County School Board, 855 F.2d 183, 186-87 (4th Cir.1988); see also United States v. Classic, 313 U.S. 299, 326 , 61 S.Ct. 1031 , 85 L.Ed. 1368 (1941) (enunciating traditional “under color of state law” standard).
cited Cited as authority (rule) Hamilton v. Montgomery County Bd. of Educ.
M.D. Ala. · 2000 · confidence medium
Bd., 855 F.2d 183, 186 (4th Cir.1988).
discussed Cited as authority (rule) Holland v. Sebunya (2×)
Me. · 2000 · confidence medium
Bd., 855 F.2d 183, 186-87 (4th Cir.1988). 9 Thus, an off-duty police officer who does not act in accord with police regulations or invoke the authority of the police department acts as a private citizen when he commits the alleged violation of right.
discussed Cited as authority (rule) Segreto v. Kirschner (2×)
D. Conn. · 1997 · confidence medium
There is clearly a distinction “when the actions complained of were committed while the defendants were purporting to act under the authority vested in them by the state, or were otherwise made possible because of the privileges of their employment,” for example, where “a judge is figuratively and literally clothed in state power, and the officers were acting behind badges.” Hughes v. Halifax County School Bd., 855 F.2d 183, 186-87 (4th Cir.1988), cert. denied, 488 U.S. 1042 , 109 S.Ct. 867 , 102 L.Ed.2d 991 (1989).
cited Cited as authority (rule) Carroll v. Village of Shelton
D. Neb. · 1996 · confidence medium
Bd., 855 F.2d 183, 186 (4th Cir.1988) (the perpetrator must act under authority vested in him by the state, or the harassment must otherwise be possible due to the privileges of his employment).
discussed Cited as authority (rule) Wilfredo Martinez, A/K/A Wilfredo Martinez Rodriguez v. Rafael Colon, A/K/A Rafael Colon Pizarro (2×)
1st Cir. · 1995 · confidence medium
Bd., 855 F.2d 183, 186-87 (4th Cir.1988) (distinguishing private actions of county maintenance workers from cases in which “the actions complained of were committed while the defendants were purporting to act under the authority vested in them by the state, or were otherwise made possible because of the privileges of their employment”), cert. de nied, 488 U.S. 1042 , 109 S.Ct. 867 , 102 L.Ed.2d 991 (1989).
discussed Cited as authority (rule) Martinez-Rodriguez v. Rivera-Ramos
1st Cir. · 1995 · confidence medium
Bd., 855 F.2d 183, 186-87 (4th Cir. 1988) (distinguishing private actions of county maintenance workers from cases in which "the actions complained of were committed while the defendants were purporting to act under the authority vested in them by the state, or were otherwise made possible because of the privileges of their employment"), cert. denied, 488 U.S. 1042 (1989).
discussed Cited as authority (rule) Donaggio v. Arlington County, Va.
E.D. Va. · 1995 · confidence medium
Bd., 855 F.2d 183, 185 (4th Cir.1988) (school maintenance supervisor is not § 1983 policymaker because of superior authority of school board); Morrash v. Strobel, 842 F.2d 64, 67-68 (4th Cir. 1987) (city’s public safety director is not § 1983 policymaker because of superior authority of city manager and city council).
discussed Cited as authority (rule) Jordan v. Jackson
4th Cir. · 1994 · confidence medium
Although, as the district court recognized, the Court rejected contentions that municipal liability can be predicated on the principles of respondeat superior or vicarious liability, it held that liability could attach when the "execution of the government's policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury." Id.; see also Spell v. McDaniel, 824 F.2d 1380, 1385 (4th Cir.1987), cert. denied, 484 U.S. 1027 , 108 S.Ct. 752 , 98 L.Ed.2d 765 (1988); Hughes v. Halifax County School Bd., 855 F.2d 183, …
discussed Cited as authority (rule) Jordan ex rel. Jordan v. Jackson
4th Cir. · 1994 · confidence medium
Although, as the district court recognized, the Court rejected contentions that municipal liability can be predicat ed on the principles of respondeat superior or vicarious liability, it held that liability could attach when the “execution of the government’s policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury.” Id.; see also Spell v. McDaniel, 824 F.2d 1380, 1385 (4th Cir.1987), cert. denied, 484 U.S. 1027 , 108 S.Ct. 752 , 98 L.Ed.2d 765 (1988); Hughes v. Halifax County School Bd., 855 F.2…
discussed Cited as authority (rule) In Re: Thomas D. Quinn and Danna R. Quinn, Debtors. Thomas D. Quinn Danna R. Quinn v. Allen H. Neuharth Janet A. Neuharth
4th Cir. · 1993 · confidence medium
Id. at 255 . 43 Just as with a summary judgment motion, the district court can, and should, "consider the record as a whole." Williams v. Cerbonics, Inc., 871 F.2d 452, 458 (4th Cir. 1989); Hughes v. Halifax County School Bd., 855 F.2d 183, 185 (4th Cir. 1989).
cited Cited as authority (rule) Poulsen v. City of North Tonawanda, NY
W.D.N.Y. · 1993 · confidence medium
Bd., 855 F.2d 183, 186-87 (4th Cir.1988), cert. denied, 488 U.S. 1042 , 109 S.Ct. 867 , 102 L.Ed.2d 991 (1989); Woodward v. City of Worland, 977 F.2d 1392 (10th Cir.1992).
discussed Cited as authority (rule) 61 Fair empl.prac.cas. (Bna) 21, 60 Empl. Prac. Dec. P 41,834 Lee Woodward, Trustee in Bankruptcy, for the Estate of Janice Butler Melinda Molina Beverly Desomber v. The City of Worland, Wyoming Washakie County, Wyoming Joint Powers Board, and Ralph Seghetti, Personally and in His Capacity as Sheriff of Washakie County Allen Tolley, Personally and in His Capacity as Chief of Police for the City of Worland Andy Williams, Personally and in His Capacity as an Officer for the City of Worland Police Department R.D. Sackett, Personally and in His Capacity as Undersheriff for Washakie County Gary Mitchell, Personally and in His Capacity as a Sergeant With the Washakie County Sheriff's Department (2×) also: Cited "see"
10th Cir. · 1992 · confidence medium
Bd., 855 F.2d 183, 186-87 (4th Cir.1988), cert. denied, 488 U.S. 1042 , 109 S.Ct. 867 , 102 L.Ed.2d 991 (1989) (refusing to constitutionalize all torts among state co-employees, and observing that Section 1983 prohibits only "the 'misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law' ") (quoting Monroe v. Pape, 365 U.S. 167, 184 , 81 S.Ct. 473, 482 , 5 L.Ed.2d 492 (1961)); Murphy v. Chicago Transit Auth., 638 F.Supp. 464, 467-68 (N.D.Ill.1986) (refusing to find § 1983 liability for sexual harassment among sta…
discussed Cited as authority (rule) Woodward v. City of Worland (2×) also: Cited "see"
10th Cir. · 1992 · confidence medium
Bd., 855 F.2d 183, 186-87 (4th Cir.1988), cert. denied, 488 U.S. 1042 , 109 S.Ct. 867 , 102 L.Ed.2d 991 (1989) (refusing to constitutionalize all torts among state co-employees, and observing that Section 1983 prohibits only “the ‘misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law’ ”) (quoting Monroe v. Pape, 365 U.S. 167, 184 , 81 S.Ct. 473, 482 , 5 L.Ed.2d 492 (1961)); Murphy v. Chicago Transit Auth., 638 F.Supp. 464, 467-68 (N.D.Ill.1986) (refusing to find § 1983 liability for sexual harassment a…
discussed Cited as authority (rule) Bockes v. Fields
W.D. Va. · 1992 · confidence medium
Bd., 855 F.2d 183, 185 (4th Cir.1988) (school board, not maintenance supervisor lacking authority to control and supervise personnel, is policymaker. for school personnel decisions), cert. denied, 488 U.S. 1042 , 109 S.Ct. 867 , 102 L.Ed.2d 991 (1989); Morrash v. Strobel, 842 F.2d 64, 67-68 (4th Cir.1987) (city council, not director of public safety, is policymaker, because council retains right to decide how to utilize personnel).
cited Cited as authority (rule) Brubaker v. City Of Richmond
4th Cir. · 1991 · confidence medium
Monell, 436 U.S. at 694 , 98 S.Ct. at 2037 , Hughes v. Halifax County School Bd., 855 F.2d 183, 185 (4th Cir.1988), cert. denied, 488 U.S. 1042 , 109 S.Ct. 867 , 102 L.Ed.2d 991 (1989).
cited Cited as authority (rule) Brubaker v. City of Richmond
4th Cir. · 1991 · confidence medium
Monell, 436 U.S. at 694 , 98 S.Ct. at 2087 , Hughes v. Halifax County School Bd., 855 F.2d 183, 185 (4th Cir.1988), cert. denied, 488 U.S. 1042 , 109 S.Ct. 867 , 102 L.Ed.2d 991 (1989).
discussed Cited as authority (rule) Rembert v. Holland
W.D. Mich. · 1990 · confidence medium
Yet, even assuming plaintiff’s version of the altercation is true, and even assuming plaintiff suffered “pain” of a sort cognizable under the Eighth Amendment, such offense is actionable under 42 U.S.C. § 1983 only if Holland acted under color of state law. 3 The term, “action taken under col- or of state law” has been defined as “misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.” Monroe v. Pape, 365 U.S. 167, 184 , 81 S.Ct. 473, 482 , 5 L.Ed.2d 492 (1961), overruled on other grounds, Monell…
cited Cited "see" Barbara Monsky, for Herself and on Behalf of All Women Similarly Situated v. Honorable Howard J. Moraghan
2d Cir. · 1997 · signal: see · confidence high
See Hughes, 855 F.2d at 186-87 .
cited Cited "see" Monsky v. Moraghan
D. Conn. · 1997 · signal: see · confidence high
See Hughes v. Halifax County School Board, 855 F.2d 183, 186-187 (4th Cir.1988), cert. denied, 488 U.S. 1042 , 109 S.Ct. 867 , 102 L.Ed.2d 991 (1989).
discussed Cited "see, e.g." Savarese v. City of New York
S.D.N.Y. · 2021 · signal: see also · confidence low
For example, it is relevant whether a state employee’s “authority . . . is alleged to have contributed significantly to the conduct of which the plaintiff complains.” Monsky, 127 F.3d at 245 (distinguishing a Fourth Circuit case finding no action under color of law where “the plaintiff and the defendants were all relatively low-level maintenance workers and none had authority over any others, [and therefore] the defendants had abused no ‘authority’ in harassing plaintiffs”); see also Hughes v. Halifax County School Board, 855 F.2d 183 (4th Cir. 1988).
discussed Cited "see, e.g." Anthony v. County of Sacramento, Sheriff's Department
E.D. Cal. · 1994 · signal: see also · confidence medium
See also Hughes, 855 F.2d at 186-87 (actions are taken under color of law if "committed while the defendants were purporting to act under the authority vested in them by the state, or were otherwise made possible because of the privileges of their employment”).
discussed Cited "see, e.g." Dang Vang Yia Moua Yang Xiong Maichao Vang v. Vang Xiong X. Toyed, Individually and in His Capacity as Refugee Counselor
9th Cir. · 1991 · signal: see also · confidence low
See also Hughes v. Halifax County School Bd., 855 F.2d 183 (4th Cir.1988) (harassment by fellow school district employees was not under color of law because defendants did not purport to act under authority vested in them by state), cert. denied, 488 U.S. 1042 , 109 S.Ct. 867 , 102 L.Ed.2d 991 (1989).
cited Cited "see, e.g." Revene v. Charles County Commissioners
4th Cir. · 1989 · signal: see also · confidence medium
See also Hughes v. Halifax County School Bd., 855 F.2d 183, 186-87 (4th Cir.1988) (contrasting outward “in-dicia of state authority”).
cited Cited "see, e.g." Revene v. Charles County Commissioners
4th Cir. · 1989 · signal: see also · confidence medium
See also Hughes v. Halifax County School Bd., 855 F.2d 183, 186-87 (4th Cir.1988) (contrasting outward "indicia of state authority").
Retrieving the full opinion text from the archive…
Chandler Nelson HUGHES, Plaintiff-Appellant,
v.
HALIFAX COUNTY SCHOOL BOARD; James Gregory; Herbert Lloyd; Julian Harrison, Defendants-Appellees, and Tommy Lacks, Defendant
87-2641.
Court of Appeals for the Fourth Circuit.
Aug 26, 1988.
855 F.2d 183
1988 U.S. App. LEXIS 11686
Mark Sheridan Brennan (Stephen W. Bricker, Bremner, Baber & Janus, Richmond, Va., on brief), for plaintiff-appellant., Dennis Patrick Lacy, Jr. (Lacy & Meh-foud, P.C., Richmond, Va., Don P. Bagwell, Sr., Bagwell, Bagwell & Bagwell, Halifax, Va., on brief), for defendants-appellees.
Powell, Ervin, Wilkinson.
Cited by 56 opinions  |  Published
ERVIN, Circuit Judge:

Appellant, Chandler Nelson Hughes, challenges the propriety of the district court’s actions in granting directed verdicts or judgments notwithstanding the verdict in favor of the appellees on his § 1983 claims. [1] Finding no error below, we affirm.

I.

This case began on August 8, 1984, when Hughes and three co-workers were sent to Turbeville Elementary School to dig a foundation for a building. The men worked for the maintenance department of the Halifax County School Board. After their lunch break, two of Hughes’ three co-workers (Lloyd and Gregory) began to tease him about his participation in a grand jury investigation of the school board and thefts suffered by the maintenance department in particular. The taunts escalated and Gregory said “Let’s hang him for it.” Gregory and Lloyd then got a rope from the truck and went through a mock hanging of Hughes. Hughes was not amused.

When the group returned to the maintenance office, Hughes told the supervisor, Julian Harrison, of the incident. Hughes told Harrison that the mock hanging was in retaliation for his talking to the grand jury. [2]

The next day Harrison talked to Lloyd and Gregory, who told stories that differed with that told by Hughes. Harrison also talked to Lacks, the third co-worker who witnessed the ordeal. Lacks thought everyone was joking. JA 328-33.

On August 9, Harrison met with Dr. Jones, the Superintendent. Jones had been appointed to his post some six weeks earlier when his predecessor resigned under fire. He did not know any of the men involved in the incident. Jones told Harrison to discharge Lloyd, Hughes and Gregory. Hughes was told that he could appeal his discharge to Jones. Hughes never appealed; he filed suit.

Hughes brought suit against Gregory, Lloyd, Harrison, and the school board. He argued that he was discharged because of[*185] his race and in retaliation for his cooperation with the grand jury investigation into misdeeds by the school board. He filed a ten count complaint alleging violations of Title VII, § 1985, § 1983, § 1981, and several pendent state law claims. Hughes voluntarily withdrew four of his claims and suffered directed verdicts or judgments notwithstanding the verdicts on several other claims. [3]

Hughes appeals his § 1983 claims. He argued in Count 5 of his complaint that he was deprived of his free speech right in violation of 42 U.S.C. § 1983. The district court granted directed verdicts in favor of the school board and Harrison on these claims. The court sent the § 1983 claims against Gregory and Lloyd to the jury only for purposes of appeal. When the jury returned a verdict in favor of Hughes against Lloyd and Gregory, Judge Kiser granted a JNOV in favor of the co-workers. Hughes contests each of these rulings before this court.

Hughes also appeals the district court’s decision to grant a JNOV in favor of Lloyd on the issue of lost wages. In its special verdict, the jury found Lloyd (but not Gregory) liable to Hughes for some $18,000 in lost wages. Judge Kiser granted a JNOV in favor of Lloyd. Hughes contests the JNOV procedurally and on the merits. We are unpersuaded by any of Hughes’ challenges to the judgment below. First, we examine the claims that the directed verdicts for the school board and Harrison on the § 1983 count were improper. Second, we consider Hughes’ claim that the JNOV in favor of Lloyd and Gregory on the § 1983 claim was improper. Finally, we discuss the propriety of the JNOV in favor of Lloyd on the lost wages claim.

II.

In ruling on the directed verdict motion, the district court must consider the record as a whole, and construe the evidence in the light most favorable to the non-movant. If the non-movant has presented substantial evidence in support of his position, evidence that is of such quality and weight that a fair and impartial jury could return a verdict for the non-movant, then a directed verdict is improper. Craven v. Southern Railway, 412 F.2d 835, 836 (4th Cir.1969).

To establish municipal liability under § 1983, the plaintiff must be able to show that the execution of a municipal policy or custom inflicts an injury. Monell v. Dept. of Social Services of the City of New York, 436 U.S. 658, 694, 98 S.Ct. 2018, 2037, 56 L.Ed.2d 611 (1978). Hughes relies on the “custom or usage” aspect of the test to argue that he was injured, and he argues that Harrison was a policymaker who terminated him because of an impermissible motive. Neither position is tenable.

First, Harrison is not a policymaker under state statutory or case law. There is no reference in the state education law to a maintenance supervisor having the authority to terminate employees. Code of Virginia, Title 22.1. The state constitution gives control of the school system to the school board. Va. Const. Art. VIII, § 7.- This control includes supervising personnel. School Board v. Parham, 218 Va. 950, 243 S.E.2d 468 (1978). Furthermore, we note that in Pembaur v. Cincinnati, 475 U.S. 469, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986), the Supreme Court held that, “[t]he fact that a particular official—even a policy-making official—has discretion in the exercise of particular functions does not, without more, give rise to municipal liability based on an exercise of that discretion.” Id. at 481-82, 106 S.Ct. at 1299. “The official must also be responsible for establishing final government policy respecting such activity before the municipality can be held liable.” Id. at 482-83, 106 S.Ct. at 1299-1300. The law is against Hughes’ position that Harrison dictated policy.

[*186] Second, the decision to discharge the three employees came from the Superintendent, Dr. Jones, who admitted that he did not know any of the individuals involved. This decision was carried out by Harrison, but not formulated by him. [4]

Third, there is á complete lack of evidence of any “custom or usage” engaged in by the school board to retaliate against whistleblowers. Hughes did not attempt to prove any kind of retaliation beyond the above-described incident. “Proof of a single incident of unconstitutional activity is not sufficient to impose liability under Monell.” City of Oklahoma City v. Tuttle, 471 U.S. 808, 823-24, 105 S.Ct. 2427, 2436, 85 L.Ed.2d 791 (1985). There is no reasonable inference of custom or usage that can be derived from these facts.

Finally, there is no evidence of a retaliatory motive on the part of the board. This court, in Lovelace v. Sherwin-Williams Co., 681 F.2d 230, 241-42 (4th Cir.1982) explained that evidence which shows a probability, reasonable probability, or substantial probability of improper motive could go to the jury. A mere possibility, however, is insufficient to get to the jury. See also, Foster v. Tandy Corporation, 828 F.2d 1052, 1056 (4th Cir.1987). This probability standard is not met by Hughes’ proof. He argues that Harrison retaliated by being cold to him. Harrison testified that during the period of tension, he was told not to talk to his subordinates, and that he was not aware of the extent of Hughes’ participation in the investigations. Dr. Jones did not know any of those involved. The evidence, as we know it, reveals that Hughes complained to Harrison, Harrison spoke to Jones, and Jones decided to discharge the whole bunch. This does not amount to retaliatory motive absent the speculation eschewed in Lovelace.

Furthermore, we note that the district court did not err in directing a verdict for Julian Harrison on the § 1983 claim. Proving supervisory liability is a difficult task in § 1983 cases. Slaken v. Porter, 737 F.2d 368, 373 (4th Cir.1984). Hughes argues that the only conclusion to be reached is that he was discharged by Harrison for an impermissible motive. One fact ends this argument — Harrison did not discharge Hughes, Jones did. The district court correctly found no supervisory liability here.

III.

Hughes asserts that the actions of Gregory and Lloyd rose to the level of constitutional torts and seeks relief under § 1983. To obtain such relief, he must show that his co-workers deprived him of a constitutional or federal right, and that they were clothed with state authority in so acting. Flagg Bros., Inc. v. Brooks, 436 U.S. 149, 155, 98 S.Ct. 1729, 1733, 56 L.Ed.2d 185 (1978); Adickes v. S.H. Kress & Co., 398 U.S. 144, 150, 90 S.Ct. 1598, 1604, 26 L.Ed.2d 142 (1970). Section 1983 proscribes the “misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.” Monroe v. Pape, 365 U.S. 167, 184, 81 S.Ct. 473, 482, 5 L.Ed.2d 492 (1961).

Hughes argues that he was assaulted, battered, and subjected to intentional emotional distress under color of state law because he was accosted by county employees with retaliation in their eyes, on county land, with a county-owned rope, during work hours. He places particular emphasis on the motive of the attackers as evidencing state action. To support his claim, he cites to this court a number of cases wherein police officers or judges were held to have been acting under color of state authority during improper arrests or injudicious judicial acts. The above cases are distinguishable because the actions complained of were committed while the defendants were purporting to act under the authority vested in them by the state, or were otherwise made possible because of[*187] the privileges of their employment. The judges were figuratively and literally clothed in state power, and the officers were acting behind badges. Gregory and Lloyd were wearing, at best, county coveralls. The indicia of state authority just isn’t the same. Furthermore, if the actions of Gregory and Lloyd amount to state action, any employee of any state who commits a tort has potentially violated § 1983. We cannot endorse such a result.

IV.

After the jury returned a verdict against Lloyd on the issue of lost wages, Lloyd petitioned the court for a JNOV, arguing that the hanging incident was not the proximate cause of Hughes’ lost wages. Judge Kiser ruled that Lloyd was correct, that the incident did not proximately cause Hughes’ loss. Hughes attacks Judge Kiser’s disposition in two ways.

First, he argues that the JNOV was procedurally improper because Lloyd did not make a motion for a directed verdict on the issue of lost wages before the jury rendered its verdict. Second, he argues that the scuffle at Turbeville was indeed the proximate cause of his loss. As to the first argument, Judge Kiser made plain to all the parties that he would grant a JNOV on the claim if the jury came back with a plaintiff’s verdict. As a result, it was understood by everyone that a directed verdict had already, technically been entered. [5] Lloyd’s position was preserved and ripe for a JNOV.

Hughes’ second argument, that Gregory and Lloyd’s attack proximately caused his lost wages is also unpersuasive. Whatever Lloyd and Gregory did to Hughes at the school, they could not directly cause him to lose his job and his wages. Only Dr. Jones could take Hughes’ job from him and there is no allegation that control over Jones. [6] The issues raised by Hughes are not compelling and the verdicts below are Lloyd and Gregory have

AFFIRMED.

1

. This is not the first time that this case has been before us. On September 24, 1986, Hughes filed a motion in the district court seeking entry of judgment upon the court’s order of August 12, 1986, which denied him relief on the § 1983 claim. The district court refused to enter a separate judgment. On July 22, 1987, this court reversed and remanded the case for entry of final judgment in accordance with Rule 58 of the Federal Rules of Civil Procedure. Hughes v. Halifax County School Board, 823 F.2d 832 (4th Cir.1987). The district court then entered final judgment on August 18, 1987, and Hughes filed a timely appeal.

2

. Rampant school board corruption received much publicity in this area. The investigation also led to some strained relations between employees, and Harrison was asked by the local prosecutor not to talk about the issue with his subordinates.

3

. The jury returned a special verdict which found for Hughes against Lloyd and Gregory on the § 1983 claim. On the state law claims, the jury found for Hughes as against Lloyd, but not Gregory. As compensation, the jury awarded Hughes $5,000 in general damages, plus $18,879 in lost wages. The jury awarded punitive damages to Hughes in the amount of $5,000 against Lloyd and $1,000 against Gregory. The district court’s decision to grant a JNOV on the § 1983 claims and the lost wages award are the only issues before us.

4

. Even if Harrison had made the decision to discharge Hughes, the decision could be appealed to the Superintendent. This appellate process makes Harrison’s act not the final act of policy.,

5

. Judge Kiser explained his belief that "[s]ub-mission to the jury of the question of lost wages was a necessary element of damages in regard to the § 1983 claim (Count V), but it was understood that a directed verdict had already been entered as to this count_” Joint Appendix at 274.

6

. We note that Hughes’ complaint undercuts his causation position on appeal. The complaint does not allege that the cause of his dismissal was the assault, but rather that it was “the direct result of his cooperation with the Grand Jury investigation and the fact that he is black.” Joint Appendix at 10.