12 F.3d 211 (6th Cir. 1993), 92-6663, Anderson v. Kelley
| Citation | 12 F.3d 211 |
| Date | 15 December 1993 |
| Docket Number | 92-6663. |
| Parties | Nida ANDERSON, Plaintiff-Appellee, v. Don KELLEY, Secretary, Commonwealth of Kentucky, Transportation Cabinet; Norris Beckley, Commissioner, Kentucky Department of Transportation; Steve Anders; and Commonwealth of Kentucky, Transportation Cabinet, Defendants-Appellants. |
| Court | United States Courts of Appeals. United States Court of Appeals (6th Circuit) |
Page 211
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA6 Rule 28 and FI CTA6 IOP 206 regarding use of unpublished opinions)
On Appeal from the United States District Court for the Eastern District of Kentucky, No. 92-00413; Wilhoit, J.
E.D.Ky.
REVERSED.
Before: KENNEDY, MILBURN, and GUY, Circuit Judges.
PER CURIAM.
Defendants appeal the district court's grant of a preliminary injunction requiring them to reinstate plaintiff to her former position and enjoining any retaliation against her for bringing this action. On appeal, the issues are (1) whether the district court erred by granting injunctive relief in the absence of a request for Title VII relief by plaintiff Anderson, and (2) whether the district court abused its discretion by issuing a preliminary injunction against defendant transportation cabinet. For the reasons that follow, we reverse.
I.
Plaintiff Nida Anderson filed a complaint in this action on October 14, 1992, alleging that she was sexually harassed during the course of her employment and fired in retaliation for reporting the alleged harassment. In her original complaint, plaintiff sought damages, back pay, and reinstatement under Title VII, 42 U.S.C. § 2000e et seq., and Kentucky's Whistleblower Statute, K.R.S. § 61.102. On the same day plaintiff filed her complaint, she also filed a motion for injunctive relief under the state whistle-blower statute.
A hearing on the motion for a preliminary injunction was held on October 22, 1992. On the day of the hearing, defendants filed a motion for a more definite statement of the grounds for federal jurisdiction in the case, which was denied. The hearing on the injunction revealed that Anderson began her employment with the Kentucky Transportation Cabinet in February 1991 as a nonmerit principal assistant, a political appointment. Anderson held this position until January 16, 1992, when she tendered her resignation and was demoted to the position of non-merit executive secretary senior. Beginning January 16, 1992, Anderson served as an executive secretary in the Commissioner's Office for the Department of Vehicle Regulation. As a non-merit employee, Anderson was not entitled to the protection of the personnel merit system set forth in K.R.S. § 18A. Rather, she served solely at the pleasure of the Transportation Cabinet and was subject to termination at any time. From the time of her reassignment in January 1992, the Commissioner of the Department of Vehicle Regulation supervised Anderson's work.
Plaintiff Anderson alleged that defendant Anders sexually harassed her during an extended trip which was taken by Anderson and Anders from January 29, 1992, to February 4, 1992. During this extended trip, Anderson and Anders travelled to Lake Tahoe, Nevada; Reno, Nevada; and Scottsdale (Phoenix), Arizona. The Kentucky Transportation Cabinet did not approve the trip in advance.
At the time that the alleged sexual harassment occurred, Anderson was temporarily assigned to a project involving the Commercial Vehicle Safety Association or Alliance ("CVSA") and was working with Steve Anders to select a convention site for the CVSA. CVSA is a national association in which the Kentucky Transportation Cabinet was an active participant, and during the period at issue, defendant Anders was president of the CVSA.
During the hearing on the preliminary injunction, plaintiff Anderson testified concerning Anders' alleged harassment of her. Anderson testified that Anders drank excessively during the trip; asked her to share his bed while they were in Lake Tahoe; told her she looked beautiful and put his arm around her chair while they were in Reno; told her he wanted to sleep with her when they were in Scottsdale, Arizona; and put his arm through the bathroom door of their shared suite in Scottsdale, Arizona, while she was taking a shower. Additionally, Anderson claims that at one point she walked into Anders' bedroom in their shared suite and that he was naked and jumped at her.
After returning to the offices of the Transportation Cabinet on February 5, 1992, Anderson reported Anders' actions to his supervisor, Colonel John Robey, the Director of Motor Vehicle Enforcement. An investigation into the alleged incidents was then commenced by the Transportation Cabinet. After reporting the incident, Anderson was returned to the office of the Commissioner of the Department of Vehicle Regulation. This transfer ended Anderson's involvement in the CVSA project but was not a demotion.
On June 25, 1992, Anderson's employment was terminated by the Transportation Cabinet. Norris Beckley, the Commissioner of the Department of Vehicle Regulation, recommended Anderson's dismissal because she could not type competently. Beckley asserted that he had no knowledge of the allegations of sexual harassment. Anderson also admitted that she was very bad at typing.
Plaintiff filed an amended complaint on November 3, 1992. In her amended complaint, plaintiff added civil rights claims under 42 U.S.C. § 1983 and the Kentucky Civil Rights Act, K.R.S. § 344.040, to her claims of sexual harassment and retaliatory discharge under Title VII and the Kentucky whistle-blower statute.
On November 13, 1992, the district court entered a memorandum opinion and order granting plaintiff's motion for a preliminary injunction based upon the standards of In re DeLorean Motor Co., 755 F.2d 1223, 1228 (6th Cir.1985). Under the terms of the preliminary injunction, defendants were ordered to reinstate plaintiff to her former position pending the ultimate outcome of the action, and they were further enjoined from taking any action against plaintiff in retaliation for the filing of this action. This timely appeal followed. 1
II.
A.
Defendants argue that the district court erred in granting injunctive relief in this case in the absence of a request for Title VII relief by Anderson. Specifically, defendants assert that the district court abused its discretion by finding that plaintiff's pendent state whistle-blower claim was timely under K.R.S. § 61.102 and by including K.R.S. § 61.102(1) as the basis for granting a preliminary injunction.
Following her discharge on June 25, 1992, plaintiff Anderson filed a complaint with the EEOC on or about July 21, 1992. She received a right-to-sue letter from the EEOC on September 15, 1992. Plaintiff filed her original complaint in this case on October 14, 1992. The original complaint refers to Title VII, 42 U.S.C. § 2000(e), in the body of the complaint, J.A. 6, but not in the prayer for relief. As earlier stated, plaintiff filed her motion for a preliminary injunction on the same day she filed her original complaint. In relevant part, the motion states:
Comes now the plaintiff, by and through counsel, and respectfully requests this Court to set this Motion for a preliminary injunctive hearing pursuant to [Federal Rule of Civil Procedure] 65 on the plaintiff's state Whistleblower claim. KRS 61.102.
J.A. 15. The motion for injunctive relief makes no reference to Title VII. However, as earlier stated, the amended complaint specifically adds claims for violations of 42 U.S.C. § 2000e (Title VII) to the prayer for relief.
Essentially, defendants are arguing that the district court lacked subject matter jurisdiction over the motion for the preliminary injunction because the motion was based upon an untimely pendent state law claim under the Kentucky whistle-blower statute, K.R.S. § 61.102. In its order, the district court stated that "the Court recognizes subject matter jurisdiction over this action. Plaintiff has properly raised claims under Title VII and § 1983 along with several pendent state law claims. The granting of a preliminary injunction pursuant to such claims is within the discretion of this Court." J.A. 19-20 (footnote omitted). The district court also commented that "a review of the appropriate state statutes do not convince this Court that any of the pendent state law claims are time-barred." J.A. 20.
K.R.S. § 61.103 authorizes a civil action for violations of the whistle-blower statute by stating that "employees alleging a violation of KRS 61.102(1) may bring a civil action for appropriate injunctive relief or punitive damages, or both, within ninety (90) days after the occurrence of the alleged violation." Ky.Rev.Stat.Ann. § 61.103 (Michie/Bobbs-Merrill 1986). Plaintiff's original complaint was filed on October 14, 1992, more than 90 days after her discharge on June 25, 1992. Further, plaintiff received her right-to-sue letter on September 15, 1992, within 90 days of her discharge. Thus, plaintiff could have brought her Title VII action and her pendent state claim under § 61.102(1) within ninety days of her discharge. Therefore, the district court erred in concluding that plaintiff's action under K.R.S.§ 61.102(1) was not time barred and also erred in including § 61.102(1) as one of the grounds for the issuance of its preliminary injunction.
However, a reading of the district court's order clearly shows that the district court did not base its grant of a preliminary injunction solely on K.R.S. § 61.102(1). The district court relied on Title VII and § 1983 as well. Moreover, even though plaintiff's claims under K.R.S. § 61.102(1) were time barred, the district court had the authority to determine whether it had subject matter jurisdiction as to the motion for injunctive relief. It is well established that a court has authority to determine...
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