Allen v. City of Sturgis

• Citation: 559 F.Supp.2d 837
• Decision Date: 05 June 2008
• Docket Number: Case No. 1:07-cv-530.
• Parties: Nicholas ALLEN, Plaintiff, v. CITY OF STURGIS, Defendant.
• Court: U.S. District Court — Western District of Michigan

559 F.Supp.2d 837

Nicholas ALLEN, Plaintiff, v. CITY OF STURGIS, Defendant.

Case No. 1:07-cv-530.

United States District Court, W.D. Michigan, Southern Division.

June 5, 2008.

COPYRIGHT MATERIAL OMITTED

Joni Marie Fixel, Fixel Law Offices PLLC, E. Lansing, MI, for Plaintiff.

Michael S. Bogren, Plunkett Cooney (Kalamazoo), Kalamazoo, MI, for Defendant.

Opinion and Order

PAUL L. MALONEY, District Judge.

Granting the City's Summary-Judgment Motion as to the FMLA Claim; Declining Supplemental Jurisdiction over the State-Law Claim

This is an action by former police officer Nicholas Allen ("Allen") under the Family Medical Leave Act of 1993 ("FMLA"), 29 U.S.C. § 2601 et seq., as amended. Defendant City of Sturgis, Michigan ("the City") moved for summary judgment, Allen filed an opposition brief, and the City filed a reply brief. The court determined that oral argument was not necessary. For the reasons that follow, the court will grant the City's motion on the FMLA claim and leave Allen's state-law claim for resolution by the courts of Michigan.

BACKGROUND

Allen graduated from the Kalamazoo Valley Community College police academy and became a certified police officer in the State of Michigan in spring 2003; on April 28, 2003, Allen became a full-time police officer with the City, a municipal corporation which was Allen's employer and a public agency subject to the FMLA. Comp. ¶¶ 5-8; Ans. ¶¶ 5 & 8; City's Opening Brief in Support of Motion for Summary Judgment ("City Br."), Ex. A (Deposition of Nicholas Allen ("Allen Dep")) at 5-6. Allen's consumption of alcohol during his employment with the City "cause[d] him to be involved in some incidents outside of work that were brought to the attention of the City". Comp. ¶ 9. Allen characterizes himself as an alcoholic and contends that alcoholism is a disability for purposes of the FMLA. Comp. ¶ 9.

On August 21, 2004, Allen drove a motor vehicle while intoxicated with alcohol, and crashed the vehicle. See Allen Dep at 15-16. The record does not reveal whether Allen caused damage to any other person's property or injury to any other person. As a result of the drunk-driving crash, the City suspended Allen for ten days without pay for violating the Police Department's "General Orders." See Allen Dep at 25-26. Allen has acknowledged that his misconduct related to the crash, in his opinion, constituted just cause for immediate termination. See Allen Dep at 28.

Also as a result of the drunk-driving crash, in September 2004, Allen signed a "Last Chance Agreement" with the City, see City Br. Ex. B, wherein he agreed to complete an in-house substance-abuse treatment program; refrain from drinking alcohol for one year; submit to breath, blood and urine testing for one year; and refrain from any misconduct for a two-year "probation" period. Comp. ¶ 10; Ans. ¶ 10; Allen Dep at 23-24. Allen has acknowledged that when he signed the Last Chance Agreement, the City told him that if his off-duty consumption of alcohol brought discredit to the police department, he could be terminated. Allen Dep at 27.

Allen's complaint alleges that he successfully completed the intensive outpatient substance-abuse treatment program and made it through the two-year "probation period" without incident, Comp. ¶ 11, but the City disagrees, see Ans. ¶ 11. Indeed, Allen's opposition brief first states that he complied with the Agreement's one-year prohibition on alcohol consumption, then states in the next paragraph that he in fact violated that prohibition:

As a result of the August 2004 accident, the Plaintiff signed a Last Chance Agreement that clearly stated that he could be terminated if he violated any terms of the agreement and that included not consuming alcohol for one year. Plaintiff successfully completed all of the requirements of the Last Chance Agreement without problem.

In June 2005, Plaintiff met with Chief David Northrop and Deputy Chief David Ives to discuss the Last Change agreement, he was asked if he had consumed any alcohol during the previous year and Plaintiff admitted that he had on two or three occasions. The Plaintiff was honest with his superiors and didn't want to lie to the officers so he admitted that he had some drinks at home during the period of the Last Change Agreement. He admitted it was wrong and appreciated that the Defendants could have fired him for his admissions.

Allen's Opp'n at 5-6 (emphasis added). Allen also acknowledged at deposition that about one year into the Last Chance Agreement, in early August 2005, he violated the Agreement by consuming alcohol. Allen Dep at 30. Allen acknowledges that the City could have terminated him for that violation of the Agreement but did not. Allen Dep at 30-31.

On August 4, 2005, Chief Northrop and Deputy Chief Ives met with Allen, emphasized the importance of not drinking, and gave Allen another chance to comply with the Agreement and keep his job as a police officer. Allen Dep at 31-32.

On September 10, 2006, eight days after the expiration of the Agreement's two-year period, Allen drank alcohol at his home in Three Rivers, Michigan, and became very intoxicated. Allen had a guest who started having difficulty breathing — apparently, it was later discovered, because of post-traumatic stress disorder. Allen called 911 and was "admittedly loud and belligerent to the dispatchers and later the Three Rivers Police Officers who showed up for the emergency." Comp. ¶ 12; Ans. ¶ 12; Allen Dep at 33-34. Allen explains that he "overreacted due to his concern for his friend", Opp'n at 6, and he "[l]ater ... wrote letters of apology to all involved ...." Comp. ¶ 12. Allen has acknowledged the accuracy of the reports submitted in connection with that incident by Three Rivers Police Officers Andrew Howes and Karl Huhnke. See Allen Dep at 34-35 and City Br. Exs C & D (reports of Officers Howes & Huhnke).

On September 11, 2006, Allen and his union representative, Greg Peterson, attended a predetermination hearing with Deputy Chief Ives. Allen Dep at 36. Deputy Chief Ives informed Allen that he was investigating the previous day's incident, and Allen acknowledged that he was aware of General Order 4:4 (prohibiting conduct unbecoming a police officer) and General Order 4:17 (prohibiting the off-duty consumption of alcohol to a degree that discredits the police department). Allen Dep at 37-38. The City placed Allen on 14 days of unpaid administrative leave on September 13, 2006. Allen Dep at 40.

On September 14, 2006, Allen faxed a letter to Chief Northrop requesting FMLA leave. Allen Dep 64-66. The letter stated, in its entirety:

This is a letter informing you I'm currently in Turning Point Programs for substance abuse treatment for alcoholism, located in Grand Rapids, MI. I am requesting as of 09/13/06, the date I was admitted, to be placed on the FMLA in reference to this. I am requesting sick/vacation/credit days and/or comp days to be used as I am completing this treatment program. The length of stay is undetermined at this time. I will try to keep in contact with the department and family members in reference to my progress in the treatment program.

MSJ Ex F or Opp'n Ex 2. On September 16, 2006, Deputy Chief Ives faxed a response to Allen in care of the Salvation Army's Turning Points Program in Grand Rapids, Michigan, stating,

We are in receipt of your request for a FMLA (Family Medical Leave Act). I have attached the necessary forms that are required to be completed for application under FMLA. Your dad also requested copies and I have e-mailed them to him as well.

I met with Director Northrop briefly this morning and we checked on the amount of sick and vacation time you have available. Currently we show you have 290 of vacation time and 183.25 hours of sick time remaining. Under the FMLA we would allow you to use these hours during the time you [are on] administrative leave.

Please complete the forms attached and return them to me immediately so I can get them to Human Resources.

Best of luck with your treatment program.

MSJ Ex G or Opp'n Ex 3. Two days later, on September 20, 2006, Chief Northrop mailed a letter to Allen's home, stating in its entirety:

This letter is to inform you that, per your request, we will be utilizing your comp time, sick time, credit time and vacation (in that order) to cover your time off. Your checks will be forwarded to your home unless you specify otherwise.

In regards to your continued employment, that decision will be deferred until completion of your rehabilitation or November 1st, 2006.

MSJ Ex H or Opp'n Ex 4.

From September 14 through 26, 2006, Allen voluntarily attended the aforementioned Salvation Army in-house alcoholism treatment program in Grand Rapids. Comp. ¶ 13; Ans. ¶ 13. Allen returned home on September 27, 2006 and called his superiors to update them, and they asked him to attend a meeting the following day, which he agreed to do.

On September 28, 2006, a day or two after Allen was released from the Salvation Army alcoholism program — and, according to Allen, while he was still on FMLA leave — he and his union representative attended a disciplinary meeting with Deputy Chief Ives and Human Resources Director Frank Perez, where he was given an opportunity to review the investigation report. Comp. ¶ 14; Allen Dep at 41-42. At the meeting, Deputy Chief Ives told Allen that he had recommended Allen's discharge for violation of General Orders 4:4 and 4:17. Allen Dep at 43. At deposition, Allen conceded that his conduct on September 10, 2006 violated General Orders 4:4 and 4:17, and he agreed that customarily such misconduct would have justified his termination; however, he expressed his belief that because he had called 911 in order to help someone (his ailing house-guest), termination was too harsh a sanction. Allen Dep at 44-45 and 48-50. Allen was given the opportunity to resign at the meeting, but he refused. Allen Dep at 62; Affidavit of City of Sturgis...