Sasser v. Alabama Dept. of Corrections
| Decision Date | 09 June 2005 |
| Docket Number | No. 204CV339-F.,204CV339-F. |
| Citation | 373 F.Supp.2d 1276 |
| Parties | Perry Kevin SASSER, Plaintiff, v. State of ALABAMA DEPARTMENT OF CORRECTIONS, et al., Defendants. |
| Court | U.S. District Court — Middle District of Alabama |
Jimmy Douglas Jacobs, Montgomery, AL, for Plaintiff.
Andrew Weldon Redd, Montgomery, AL, for Defendants.
Plaintiff Perry Kevin Sasser (hereinafter "Plaintiff") brings this action against his employer, State of Alabama Department of Corrections (hereinafter "ADOC"), alleging claims of race discrimination, hostile work environment and retaliation pursuant to Title VII, 42 U.S.C. § 2000e, et seq. (hereinafter "Title VII"). (Doc. # 1, Compl). Sasser also alleges violations of his constitutional rights secured by the First and Fourteenth Amendments against ADOC and Warden Stephen Watson (hereinafter "Watson"), in his individual and official capacities. (Id.). Plaintiff brings these constitutional claims under 42 U.S.C. § 1983 based upon alleged discrimination which violated his due process, equal protection and free speech rights. (Id.).
This cause is before the court on the defendants' motion for summary judgment. (Doc. # 20). The court has reviewed the submissions of the parties and finds that, for the reasons set forth below, the motion is due to be GRANTED.
Plaintiff, a Caucasian male, has been employed by the ADOC as an officer for more than twenty years. Plaintiff commenced his employment with ADOC on April 17, 1983. In 1994, Plaintiff was transferred to the ADOC's Work Release Center (hereinafter "Center") in Alexander City, Alabama and, at all relevant times, was a Corrections Officer at the Center.2 Plaintiff alleges that Watson, a Caucasian male and Warden of the Center,3 consistently discriminated against Caucasian employees in the application of work rules and standards. Plaintiff also alleges that he was subjected to retaliation and a racially hostile work environment. The facts pertaining to Plaintiff's complaints are set forth below.
Plaintiff's complaints stem from disciplinary action taken against him in 2002. According to Plaintiff, his disciplinary record at the Center was "outstanding" until two disciplinary charges were made against him in the summer of 2002. (Pl. Aff. at ¶ 4). The first charge was for an incident which occurred on July 19, 2002. In that incident, Plaintiff was accused of making derogatory and racially offensive remarks to an inmate concerning the inmate's head covering.4 The second charge was for an incident which occurred on August 6, 2002. In that incident, Plaintiff was accused of making racially insensitive remarks to an African-American co-worker about a day labor job assignment.5
On August 21, 2002, in a written Notice of Recommendation for Suspension (hereinafter "Notice"), Watson informed Plaintiff of nine rule violations alleged against him for the two separate incidents and initiated suspension action. In the Notice, Watson recommended that Plaintiff be suspended from duty without pay for fifteen days and that a hearing be convened to address the charges made against Plaintiff. In a memorandum dated August 23, 2002, Watson requested that Dora Jackson (hereinafter "Jackson"), Personnel Director for the ADOC, review the Notice and schedule a hearing. Watson also requested that Plaintiff be reassigned to another facility pending the suspension hearing because "it [was] in the best interest of the [ADOC], this facility, and the employee himself." (Pl.Ex. 4).
On September 13, 2002, an administrative hearing was held and Terrance G. McDonnell (hereinafter "McDonnell"), Warden III at Kilby Correctional Facility, presided over the hearing. After hearing all of the testimony and reviewing Plaintiff's employee service record, McDonnell, the appointed hearing officer, found Plaintiff guilty of seven of the nine violations regarding the July 19, 2002 incident and not guilty of all nine rule violations regarding the August 6, 2002 incident. (Pl.Ex. 3, p. 6).6 McDonnell recommended that Plaintiff receive a written reprimand, or "at most a [five] day suspension, in lieu of the [fifteen] day suspension." (Id. at p. 8).
On the same date, after reviewing the testimony presented at the administrative hearing, Watson sent a memorandum to Glenn Newton (hereinafter "Newton"), Deputy Commissioner and Watson's immediate supervisor, maintaining his recommendation that Plaintiff receive a fifteen day suspension and transfer to another institution. A few months later, in a letter dated October 16, 2002, Michael Haley, Commissioner of the ADOC (hereinafter "Commissioner Haley"), informed Plaintiff that he approved McDonnell's findings but concurred with Watson's recommendation for a fifteen day suspension. Consequently, Commissioner Haley ordered Plaintiff's suspension without pay for a period of fifteen days to commence on October 19, 2002 and end on November 2, 2002. Commissioner Haley ordered Plaintiff to return to duty on November 9, 2002. In addition, Commissioner Haley informed Plaintiff that he was transferred from the Center to the Kilby Correctional Facility (hereinafter "Kilby"), effective November 2, 2002 with a reporting date of November 9, 2002. Hence, upon Plaintiff's return to duty from his suspension, he was directed to report to the Warden at Kilby.
Around this time, Plaintiff took a leave of absence from work due to his wife's surgery. During his leave of absence, Plaintiff obtained an appointment with Commissioner Haley and spoke with him regarding his suspension. As a result of this meeting, in a letter dated November 14, 2002, Commissioner Haley altered Plaintiff's discipline by reducing his suspension without pay from a period of fifteen days to five days and rescinding Plaintiff's transfer from the Center to Kilby.7 Commissioner Haley thus redirected Plaintiff to report to the Center at the "rank of CO II." (Pl.Ex. 9).8
HOSTILE WORK ENVIRONMENT. According to Plaintiff, after he returned to work from his suspension, he was subjected to a hostile work environment. He alleges that Watson transferred him from supervisor on the first shift (6:00 a.m. to 2:00 p.m.) to the third shift (10:00 p.m. to 6:00 a.m.), and that he had to voluntarily accept a demotion from Sergeant to CO I in order to return to the first shift. Plaintiff also complains that several African-American employees have made efforts to ostracize him and accuse him of misconduct.9
UNWARRANTED DISCIPLINE. Plaintiff contends that he was subjected to unwarranted discipline by Watson in August 2003 when he was reprimanded for paying an inmate to repair gardening equipment.10 Further, Plaintiff contends that Watson has consistently discriminated in the application of work rules and standards.
GRIEVANCES. Dissatisfied with his working conditions, Plaintiff submitted four grievances to the Office of the Deputy Commissioner.11 Plaintiff's first grievance was submitted on September 18, 2002. In this grievance, Plaintiff complained that he was not afforded due process in his disciplinary hearing and he requested that the disciplinary action be expunged from his file.12 Plaintiff's second grievance was submitted on September 19, 2002. In this grievance, Plaintiff complained that the employees were required to perform work outside of their job classifications.13 His third grievance was submitted on September 18, 2003 and complained of discriminatory discipline by Watson.14 His fourth grievance was submitted on June 5, 2004 and contains complaints involving the inability of third shift and first shift correctional officers to receive weekends off.15
All of Plaintiff's grievances were reviewed, investigated and denied.
FORMAL COMPLAINTS. In July 2003, Plaintiff filed an Equal Employment Opportunity Commission (hereinafter "EEOC") complaint of discrimination alleging that he was a "victim of reverse race discrimination." (Def.Ex. 15). Plaintiff complained of disparate treatment in disciplinary actions and asserted that the "disparate treatment [he][has] received is due ... to the fact that the associate commissioner Glen Newton is black, and he has encouraged [Plaintiff's] immediate supervisor, [Watson], to bare down more severely on white employees, even though [Watson], himself, is white." (Id.; Pl. Aff. at ¶ 9). Shortly thereafter, this EEOC charge was dismissed. (Def. Ex. 16; Pl. Aff. at ¶ 2). On August 25, 2003, Plaintiff filed a Supplemental EEOC charge complaining of retaliatory treatment due to his previous EEOC charge and a racially hostile work environment. (Id. at ¶¶ 2 & 3). Plaintiff also complained that he received an "unfairly low rating" on an employee performance appraisal on July 16, 2003 in retaliation for having filed his first EEOC charge. (Id.). According to the Complaint, Plaintiff received his right to sue letter on January 7, 2004.
THIS LAWSUIT. On April 19, 2004, Plaintiff filed this action alleging claims of race discrimination, hostile work environment and retaliation in violation of Title VII against the ADOC. (Doc. # 1, Compl.). Plaintiff also alleges violations of his constitutional rights secured by the First and Fourteenth Amendments against ADOC and Watson under 42 U.S.C. § 1983 (hereinafter "Section 1983"). (Id.). Plaintiff seeks compensatory damages, punitive damages, court costs, attorneys' fees, and declaratory and injunctive relief. (Id.).
On November 22, 2004, the defendants filed a motion for summary judgment accompanied by a memorandum brief and exhibits. (Docs. # 20 & 21). Plaintiff filed his response to the motion on February 22, 2005. (Doc. # 36). Thus, the motion is ripe for this court's consideration.
The court exercises subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 (federal question), 28 U.S.C. § 1343 (civil rights), and 42 U.S.C. §§ 2000-4(f)(4). The parties do not contest personal...
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