Atkins v. School Com'rs of City of Indianapolis

• Decision Date: 21 June 1993
• Docket Number: No. IP 92-120 C.,IP 92-120 C.
• Citation: 830 F. Supp. 1169
• Parties: Rodman ATKINS, Plaintiff, v. BOARD OF SCHOOL COMMISSIONERS OF the CITY OF INDIANAPOLIS, James A. Adams, Rodney M. Black, and Lorenzo Davis, Defendants.
• Court: U.S. District Court — Southern District of Indiana

830 F. Supp. 1169

Rodman ATKINS, Plaintiff, v. BOARD OF SCHOOL COMMISSIONERS OF the CITY OF INDIANAPOLIS, James A. Adams, Rodney M. Black, and Lorenzo Davis, Defendants.

No. IP 92-120 C.

United States District Court, S.D. Indiana, Indianapolis Division.

June 21, 1993.

COPYRIGHT MATERIAL OMITTED

John O. Moss, Moss & Walton, Indianapolis, IN, for plaintiff.

Donald L. Dawson, Robert M. Kelso, Kightlinger & Gray, Indianapolis, IN, for defendants.

ENTRY

BARKER, District Judge.

Rodman Atkins ("Atkins") was a school bus driver for the Indianapolis Public Schools ("IPS") until he was discharged in 1990 for allegedly refusing to take a drug test. Atkins, who is an African-American, believes that his discharge was discriminatory, and has filed a multi-count complaint against the Defendants seeking declaratory judgment, injunctive relief and damages. Defendants move the Court to enter summary judgment in their favor. Defendants also move the Court to strike portions of Atkins's affidavit, exhibits attached to his brief in response to the Defendants' motion for summary judgment, and the affidavit of Judith K. Pennington. Atkins in turn moves the Court to strike portions of Dr. James Adams's ("Adams") affidavit. For reasons that will be explained below, the Defendants' motion for summary judgment is granted in part and denied in part. The Defendants' motion to strike portions of Atkins's affidavit and the exhibits attached to his response brief is granted, and the motion to strike the affidavit of Judith K. Pennington is denied. Atkins's motion to strike the affidavit of Adams is denied.

I. BACKGROUND

At the time that this action was commenced, Adams was the Superintendent of IPS, Rodney M. Black ("Black") was the Manager of the IPS Business Department, and Lorenzo Davis ("Davis") was Assistant Supervisor of the IPS Transportation Department. IPS hired Atkins on August 11, 1980 as an extra-curricular bus driver. He was terminated by the Board of School Commissioners ("Board") on March 20, 1990, after Adams recommended to the Board that he be relieved of his duties for refusing to take a drug test. This action was taken following Adams's review of Atkins's tenure with IPS, which revealed several complaints concerning his alleged drug use and being intoxicated while on duty. In 1988, IPS received four unsolicited complaints against Atkins. On one occasion, someone reported that Atkins had been seen smoking marijuana and drinking alcohol in a car parked across the street from the main school bus depot. On another occasion, two teachers and a parent complained to IPS that Atkins was under the influence of drugs or alcohol while he drove students on a field trip to Noblesville.

On February 8, 1990, Adams received another complaint about Atkins's alleged drug use, which prompted IPS to request that he submit to drug testing. Atkins allegedly refused to cooperate. On February 12, 1990, Davis sent a letter to Atkins advising him that he would recommend to Adams that his employment be terminated for refusing to take a drug test. See Defendant's Exhibit O. IPS sent Atkins a copy of this letter by certified mail to the home address which he furnished to the IPS personnel department; Atkins's father, Charles Atkins, signed for the letter on February 14, 1990. See Defendant's Exhibit P. Adams then sent a certified letter to Atkins two days later advising him that he would recommend to the Board that IPS terminate his employment for the reasons given in Davis's letter, see Defendant's Exhibit Q; the letter was sent to the same address, and again Atkins's father signed for it. See Defendant's Exhibit R. Adams's letter specifically advised Atkins that if he desired a hearing before the Board, he was required to file his request within ten days. See Defendant's Exhibit Q. Plaintiff filed a request for a hearing on March 6, 1990, more than ten days after the receipt of service had been signed. See Defendant's Exhibit S. Predictably, the request was denied as untimely.

The Board terminated Atkins's employment with IPS on March 20, 1990. Soon thereafter Plaintiff sent the Board a letter requesting that it reconsider its decision denying his demand for a hearing because his father had not given him the letter until February 26, 1990. See Defendant's Exhibit U. Adams denied this request on April 18, 1990. See Defendant's Exhibit V.

Having failed to regain his position through persuasion, Atkins resorted to litigation. He filed a "Charge of Discrimination" with the Equal Opportunity Commission ("EEOC") on August 3, 1990, which he amended on February 7, 1991. The EEOC granted him permission to sue on November 27, 1991, and he filed his complaint with this Court on January 31, 1992. The complaint contains six counts: Count I alleges that the Defendants unlawfully terminated Atkins's employment because of his race, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981 (as amended by the Civil Rights Act of 1991); Count II alleges that the Indianapolis Board of School Commissioners ("Board") denied Atkins a pre-termination hearing, in violation of his right to due process and equal protection; Count III alleges that Adams deprived Atkins of liberty and property by terminating him from his employment because of his race, deprived him of equal protection by retaliating against him for refusing to take a drug test, and breached his contract of employment; Count IV alleges that Black recommended to the Indianapolis Board of School Commissioners that he be terminated from his employment, and thereby violated Atkins's right to due process and equal protection; Count V alleges that Davis recommended to the Indianapolis Board of School Commissioners that he be terminated from his employment, violating Atkins's right to due process; and Count VI alleges that the Defendants' terminated his employment for attempting to enforce rights protected by the First, Fifth, and Fourteenth Amendments to the United States Constitution. Atkins seeks full reinstatement, an injunction preventing the Defendants from discriminating against him, compensatory and punitive damages, and costs and attorney fees.

In their answer, the Defendants deny Atkins's allegations and invoke the affirmative defenses of: (1) good faith; (2) unclean hands (i.e. Atkins's discharge was proper because he breached his employment contract); (3) failure to state a claim under 42 U.S.C. § 1981, and the Civil Rights Act of 1991; (4) failure to exhaust administrative remedies; (5) lack of evidence (i.e. Atkins's discharge was for legitimate business reasons and not on account of race or sex); and (6) immunity.

II. DISCUSSION

A. Summary Judgment Standards

Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment is proper "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ. Proc. 56(c). While the burden rests squarely on the party moving for summary judgment to show "that there is an absence of evidence to support the nonmoving party's case", Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986), the nonmoving party responding to a properly made and supported summary judgment motion still must set forth facts showing that there is a genuine issue of material fact and that a reasonable jury could return a verdict in its favor. See Wolf v. City of Fitchburg, 870 F.2d 1327, 1329 (7th Cir.1989); Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983), cert. denied, 464 U.S. 960, 104 S.Ct. 392, 78 L.Ed.2d 336 (1983). Denials contained in the pleadings or bald allegations that an issue of fact exists is insufficient to raise a factual issue. See Shacket v. Philko Aviation, Inc., 681 F.2d 506, 513 n. 8 (7th Cir.1982), rev'd on other grounds, 462 U.S. 406, 103 S.Ct. 2476, 76 L.Ed.2d 678 (1983). "The moving party is `entitled to a judgment as a matter of law' if the nonmoving party has failed to make a sufficient showing on an essential element of her case with respect to which she has the burden of proof." Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). If doubts remain, however, as to the existence of a material fact, then those doubts should be resolved in favor of the nonmoving party and summary judgment denied. See Wolf, 870 F.2d at 1330. The Seventh Circuit Court of Appeals has described the application of these principles in the context of Title VII litigation:

In Title VII cases, we approach the application of these principles with a special caution. Summary judgment is infrequently an appropriate resolution. The factual issues presented in such litigation, including the issue of discriminatory intent which is often proven by circumstantial evidence, cannot often be resolved on summary judgment. However, even when such issues of motive or intent are at stake, summary judgment is proper "where the plaintiff presents no indications of motive and intent supportive of his position."

Powers v. Dole, 782 F.2d 689, 694 (7th Cir. 1986) (citations omitted).

B. Atkins's Claims

1. Count I: Title VII and § 1981 Claims as to All Defendants

Count I sets forth claims under Title VII, 42 U.S.C. § 2000e, and 42 U.S.C. § 1981 (as amended by the Civil Rights Act of 1991) against all the Defendants. The latter claim can be easily disposed of because discriminatory discharges are not actionable under 42 U.S.C. § 1981. See McKnight v. General Motors Corp., 908 F.2d 104, 108-109 (7th Cir.1990), cert. denied, 499 U.S. 919, 111 S.Ct. 1306, 113 L.Ed.2d 241 (1991). Nor does the Civil Rights Act of 1991 have any bearing on this matter because the Seventh Circuit has held that it does not apply retroactively. See Luddington v. Indiana Bell Telephone Co.,...