Baker v. Davidson
| Decision Date | 17 November 2022 |
| Docket Number | 5:21-CV-05093-KES |
| Parties | WILLIAM RAY BAKER, Plaintiff/Counter Defendant, v. PAULETTE DAVIDSON, CEO/President of Monument Health, Defendant/Counter Claimant. |
| Court | U.S. District Court — District of South Dakota |
WILLIAM RAY BAKER, Plaintiff/Counter Defendant,
v.
PAULETTE DAVIDSON, CEO/President of Monument Health, Defendant/Counter Claimant.
No. 5:21-CV-05093-KES
United States District Court, D. South Dakota, Western Division
November 17, 2022
ORDER GRANTING SUMMARY JUDGMENT FOR DAVIDSON ON BAKER'S CLAIMS, DISMISSING COUNTERCLAIM, AND DENYING RULE 11 SANCTIONS
KAREN E. SCHREIER UNITED STATES DISTRICT JUDGE
Plaintiff, William Ray Baker, filed a pro se lawsuit alleging unlawful discrimination under Title VII of the Civil Rights Act of 1964 and under the Americans with Disabilities Act of 1990 (ADA). Docket 1 at 3. Baker also alleges retaliation in violation of the Fair Labor Standards Act (FLSA). Id. Defendant, Paulette Davidson, moves for summary judgment on all claims, summary judgment on her counterclaim of barratry, and Rule 11 sanctions. See Docket 23, 52, 53 at 18. In several filings to the court, Baker opposed summary judgment and Davidson's other motions. See Docket 58, 59, 60, 64, 77.
BACKGROUND
I. Factual Background
Baker was employed by Rapid City Regional Hospital, the predecessor affiliate to Monument Health (collectively, the Hospital), from approximately
July 1, 1981 to November 7, 2016. Docket 54 at 1.[1]During his employment at the Hospital, Baker worked “in various capacities, including as a custodian, psychiatric aide, life coach, and psychiatric technician.” Id. (citation omitted). Twice during his employment, once in November 2013 and again in December 2014, Baker suffered blows to the head when he was attacked by patients in the psychiatric unit. Id. at 1-2. After the second attack, Baker experienced various symptoms, including short-term memory deficits, and was off work until early February 2015. Id. at 2.
Baker resumed work in February 2015 but again took leave in July of 2015 when his psychiatrist ordered him off work. Id. Baker never returned to work for the Hospital. Id. After the Hospital determined that Baker exhausted his available leave, including leave under the Family Medical Leave Act (FMLA) and the ADA, the Hospital terminated his employment on November 7, 2016. Id.
II. Prior Lawsuits
Numerous legal proceedings followed Baker's termination. See id. at 2-6. The first of these proceedings began on November 8, 2016, when Baker filed two small claims lawsuits. Id. at 2-3. One suit was against Janel Brown, the Nursing Director at Regional health, alleging sexual orientation discrimination,
disability discrimination, and retaliation. Id. at 2. The other was against Tristina Weekley, supervisor at Rapid City Regional Hospital, alleging sexual orientation discrimination, disability discrimination, retaliation, and conspiracy. Id. at 2-3. Both complaints were dismissed by Baker. Id.
On November 16, 2016, Baker filed a “Petition and Affidavit for a Protection Order (Stalking, or Physical Injury as a Result of an Assault, or a Crime of Violence)” against Comet Harldson, an attorney working for the Hospital. Id. at 3. Judge Robert Gusinksy dismissed the complaint on December 6, 2016, when Baker failed to appear at a hearing. Id. Baker did not appeal. Id.
On November 21, 2016, Baker filed a small claims lawsuit alleging discrimination, harassment, exploitation, and retaliation against Judith Warnke, an employee of the Hopsital. Id. Baker dismissed this suit on January 13, 2017 and did not appeal the dismissal. Id.
On November 22, 2016, Baker sued Paula McInerney Hall, in-house counsel for the Hospital, alleging abuse and neglect, hardship to a disabled individual, exploitation, deceit, and failure to assist in criminal prosecutions. Id. Baker dismissed the suit on January 13, 2017 and did not appeal the dismissal. Id.
Also on November 22, 2016, Baker filed a small claims lawsuit against Brent Phillips, who was then the CEO of the Hospital. Id. The suit alleged fraud, deceit, harassment, discrimination against a disabled adult, life endangerment, and abuse and neglect of a disabled individual. Id. at 3-4.
Baker dismissed the suit on January 4, 2017 and did not appeal the dismissal. Id. at 4.
On November 29, 2016, Baker filed again for a protection order against Comet Haraldson. Id. Judge Gusinsky denied and dismissed the petition the same day, finding that there did not exist sufficient grounds for relief. Id. Baker did not appeal. Id.
On March 14, 2017, Baker filed a small claims lawsuit against Maureen Henson, a human resources officer, alleging violations of the FMLA. Id. Judge Jeff Connolly dismissed the suit on May 2, 2017, when Baker failed to appear at a status hearing. Id. Baker did not appeal the dismissal. Id.
On April 6, 2017, Baker filed a complaint in federal district court that named thirteen individuals who were employed by or affiliated with the Hospital. Id. The complaint alleged violations of the Health Insurance Portability and Accountability Act, the Occupational Safety and Health Act, and the National Labor Relations Act, and intentional infliction of emotional distress. Id. at 5. On February 9, 2018, Judge Jeffrey Viken dismissed the complaint via a written opinion and order. Id. Baker did not appeal the dismissal. Id.
On June 30, 2017, Baker again filed suit in federal court. Id. This suit was brought against four individuals affiliated with the Hospital, two lawyers representing the Hospital, and two persons of unknown affiliation. Id. Baker alleged discrimination under Title VII, the ADA, the Genetic Information Nondiscrimination Act, and the Age Discrimination in Employment Act of 1967,
and retaliation for filing federal complaints. Id. On February 9, 2018, Judge Viken dismissed this complaint. Id. Baker did not appeal the dismissal. Id.
On July 14, 2017, Baker filed...
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