Singfield v. Akron Metropolitan Housing Authority, 03-3735.

Citation389 F.3d 555
Decision Date10 November 2004
Docket NumberNo. 03-3735.,03-3735.
PartiesWilliam SINGFIELD, Plaintiff-Appellant, v. AKRON METROPOLITAN HOUSING AUTHORITY, et al., Defendants-Appellees.
CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)

ARGUED: Edward L. Gilbert, Slater, Zurz & Gilbert, Akron, OH, for Appellant. Vincent J. Tersigni, Buckingham, Doolittle & Burroughs, Akron, OH, for Appellees. ON BRIEF: Edward L. Gilbert, Slater, Zurz & Gilbert, Akron, OH, for Appellant. Vincent J. Tersigni, Ashley M. Manfull, Buckingham, Doolittle & Burroughs, Akron, OH, for Appellees.

Before: KEITH, MARTIN, and ROGERS; Circuit Judges.

MARTIN, J., delivered the opinion of the court, in which KEITH, J., joined. ROGERS, J. (p. 568), delivered a separate dissenting opinion.

OPINION

MARTIN, Circuit Judge.

William Singfield, an African-American male, appeals the district court's grant of summary judgment to the Akron Metropolitan Housing Authority on his claims of racial discrimination, retaliation, and due process and equal protection violations.1 Singfield alleges that the Akron Metropolitan Housing Authority violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq., and Chapter 4112 of the Ohio Revised Code, by terminating his employment for racially-motivated reasons and retaliating against him after he filed charges of racially-discriminatory treatment. Singfield alleges under 42 U.S.C. § 1983 that the Housing Authority and its executive director, Anthony O'Leary, deprived him of his constitutional rights to due process and equal protection. We conclude that Singfield has presented genuine issues of material fact with regard to whether the Housing Authority deprived him of procedural due process and retaliated against in him in violation of Title VII. Therefore, we reverse the judgment in part. As to the other claims, the district court properly concluded that no genuine issues of fact remain and the defendants are entitled to judgment as a matter of law.

I.

Akron Metropolitan Housing Authority is a public agency chartered by the State of Ohio and funded by the United States Department of Housing and Urban Development to provide subsidized housing for eligible citizens of Summit County, Ohio. Singfield began full-time employment with the Housing Authority in June of 1992. During his tenure, Singfield worked as a courier, janitor, painter, and, finally, maintenance worker, the position from which he was suspended on August 9, 2001, and terminated on January 25, 2002. His suspension, according to the Housing Authority, resulted from a long history of improper outbursts at work that culminated in a disagreement on August 8 with his supervisor, Mike Reinhart, after which Singfield was escorted from the premises. Also, later that day, Reinhart found six duplicate master keys on Singfield's key ring. The Housing Authority's "master key policy" prohibits non-management employees such as Singfield from having duplicate keys and subjects those who violate the policy to graded forms of discipline.2

On August 9, Human Resources Director Christine Yuhasz met with Singfield and a union representative to discuss the previous day's events. The Housing Authority states that Singfield acknowledged the altercation but denied any responsibility, and that Singfield said he knew nothing about the duplicate keys on his key ring. They had a follow-up meeting on August 17, where they discussed those same events and recent rumors, which Singfield denied, that he once attempted to kill a former supervisor. On August 21, the Housing Authority sent Singfield a letter of suspension, which included the following statement:

This letter is to confirm our conversation earlier today, that you are being placed on a minimum thirty day unpaid suspension, effective Wednesday, August 22, 2001. You are also required to seek assistance for anger management, either through AMHA's Employee Assistance Program or through a qualified individual of your choice.

The reason for this suspension is due to an incident which occurred on August 8, 2001. After an altercation with your supervisor, Michael Reinhart, in a unit at 124 Colonial Hills, you were sent home for the day. Your keys were found hanging from the lockbox. After examining the keys it was found that six of the keys were duplicated master keys. Unauthorized duplication of master keys is forbidden according to AMHA policy.

The altercation with Mr. Reinhart was one of several such altercations between you and your supervisors, as well as with fellow employees during your employment with AMHA. It is expected that you will participate in some type of treatment for anger management while serving your suspension. You will be required to provide proof of treatment in order to be permitted to return to work, and as a condition of employment. If the professional who helps you manage your anger feels that it will take longer than thirty days, your suspension will be extended until such time as he/she recommends your return to work.

From this letter, it is clear that the Housing Authority suspended Singfield for engaging in the August 8 altercation with Reinhart and other "such altercations," and for violating the Housing Authority's "master key policy."

Singfield acknowledges that he was disciplined at times throughout his employment with the Housing Authority. In May 1994, the Housing Authority suspended Singfield for three days because he engaged in a verbal confrontation with two tenants and failed to neutralize the situation. In August of 1995, the Housing Authority suspended Singfield for five days after he engaged in a verbal confrontation with a co-worker, Shelia Fambro, who received one day of suspension for the incident. Work evaluations from 1998 and 1999 cite Singfield's need to improve in the "Relationships With Others" category and in his conduct and cooperation with supervisors and co-workers. Finally, Executive Director Anthony O'Leary had several conversations with Singfield in 2000 regarding his problems with supervisors. After the August 1995 suspension, Singfield did not have a record of any disciplinary problems for seven years, until the August 8, 2001, altercation with Reinhart.

During Singfield's suspension, some of his co-workers approached the Housing Authority management with concerns about working with him. Reinhart told Yuhasz that he feared Singfield, and that Singfield had previously told him that he had once hoped to kill a former supervisor but that after waiting in the snow outside his former supervisor's house his hands had grown too cold to pull the trigger. Yuhasz has stated that she was also informed by a supervisor and a union steward that several employees feared Singfield and did not want him to return to work; these employees reported that they heard he had attempted to kill a former supervisor and that his family has a history of violence.

After a few weeks of treatment with a counselor affiliated with the Housing Authority's Employee Assistance Provider, the counselor indicated to the Housing Authority a willingness to release Singfield to return to work. The Housing Authority balked, and then informed the counselor of Singfield's history of anger management, the incidents that occurred during Singfield's employment, and the rumors about his family history of violence. The counselor then referred Singfield to a psychologist, who did not release Singfield to return to work. Knowing that the counselor would have released him but for the Housing Authority's interference, Singfield filed a discrimination claim with the Equal Employment Opportunity Commission in October 2001.

The Housing Authority terminated Singfield's employment on January 25, 2002. The termination letter stated:

Pursuant to the collective bargaining agreement between The Akron Metropolitan Housing Authority and Ohio Council 8 of the American Federation of State, County and Municipal Employees and Local No. 2517, this is to notify you that your employment with The Akron Metropolitan Housing Authority is being terminated as of today.

This termination is a result of information we have obtained during the investigation we have conducted since the time of your suspension. We have learned of threats of violence to and intimidation of employees, temporary employees, managers, and tenants by you. In addition, we have learned of attempted acts of violence toward employees by you. As a result of these findings, we must terminate your employment to avoid any further risk of any potentially violent situations that could result in harm to our employees.

Singfield subsequently filed this lawsuit.

II. Standard of Review

We review de novo the district court's grant of summary judgment. Newman v. Federal Exp. Corp., 266 F.3d 401, 404 (6th Cir.2001). Summary judgment is appropriate where the evidence shows "that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." FED. R. CIV. P. 56(c). In deciding an appeal of a grant of summary judgment, we view the evidence and draw all reasonable inferences in favor of Singfield, the non-moving party. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). We weigh the evidence not to determine the truth of the matter but to determine whether there is a genuine issue for trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A genuine issue for trial exists when there is sufficient evidence on which the jury could reasonably find for Singfield. Id. at 252, 106 S.Ct. 2505.

III. Title VII

Singfield alleges that the Housing Authority violated Title VII by discharging him based on his race and in retaliation for Singfield's charges of discrimination. The Housing Authority states that it discharged Singfield for engaging in...

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