Barrington v. Florida Dept. of Health, 6:99-CV-638-ORL-99C.

• Decision Date: 21 April 2000
• Docket Number: No. 6:99-CV-638-ORL-99C.,6:99-CV-638-ORL-99C.
• Citation: 112 F.Supp.2d 1299
• Parties: Barbara BARRINGTON, Plaintiff, v. FLORIDA DEPARTMENT OF HEALTH, Defendant.
• Court: U.S. District Court — Middle District of Florida

112 F.Supp.2d 1299

Barbara BARRINGTON, Plaintiff, v. FLORIDA DEPARTMENT OF HEALTH, Defendant.

No. 6:99-CV-638-ORL-99C.

United States District Court, M.D. Florida, Orlando Division.

April 21, 2000.

ORDER

WISEMAN, Senior District Judge.

Before the court is the Report and Recommendation of Magistrate Judge Glazebrook in which he recommends that the Motion of defendant for Summary Judgement be granted. Also before the court is a letter from plaintiff in which she states that she is not filing the same as "a letter of objections." The court has, however, considered the same as if it were objections filed to the Report and Recommendation.

From a review of the entire case it appears that the plaintiff has fully litigated the issues she raises in this Title VII suit before the Florida Public Employment Relations Commission and on appeal therefrom to the Florida District Court of Appeals. The Magistrate Judge's recommendation that this suit is barred by the doctrines of res judicata and collateral estoppel is correct in fact and law. The Report is adopted by this court.

For the reasons stated in the Report of the Magistrate Judge, summary judgement is granted to the defendant and this case is dismissed.

REPORT AND RECOMMENDATION

GLAZEBROOK, United States Magistrate Judge.

TO THE UNITED STATES DISTRICT COURT

This cause came on for consideration at a hearing on March 3, 2000, on the following motion:

Plaintiff Barbara Barrington ("Barrington"), who is appearing pro se, brings this action against the defendant, the Florida Department of Health ("Department of Health"), alleging wrongful termination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17. The case is presently before the Court on the Department of Health's motion for summary judgment [Docket No. 13] to which Barrington has responded [Docket No. 15]. Following a thorough review of the case file, relevant law, and the parties' arguments, the Court finds that the doctrines of collateral estoppel and res judicata bar Barrington's claims. The Florida Fifth District Court of Appeals ("Fifth DCA") has previously affirmed the Florida Public Relations Commission's ("PERC") decision upholding Barrington's termination. Accordingly, it is RECOMMENDED that the defendant's motion for summary judgment be GRANTED, and that the case be DISMISSED.

I. BACKGROUND

The Department of Health employed Barrington beginning in September 1996 as a Health Support Technician. Barrington provided "direct observed therapy treatment," which meant that she delivered doctor-prescribed medication to the Department of Health's clients, and watched them ingest the medication. By letter dated May 8, 1998, the Department of Health notified Barrington that she was being dismissed for threatening and/or abusive language and disruptive conduct.

On May 20, 1998, Barrington appealed her dismissal by filing a complaint with the Florida Public Employment Relations Commission ("PERC"). On July 10 and 22, 1998, hearing officer M. Linville Atkins held a full evidentiary hearing on Barrington's claims. Counsel represented the parties and had the opportunity to present and cross-examine witnesses. During the hearing, Barrington denied all of the Department of Health's charges, and claimed that the proffered reasons for termination were merely a pretext for illegal racial discrimination and retaliation. The hearing officer's August 31, 1998 recommended order rejected Barrington's claims and upheld the Department of Health's decision to dismiss Barrington from employment. See Docket No. 13, Exhibit B; Barbara Barrington v. Department of Health, Case No. CS-98-223 (August 31, 1998). The PERC adopted the hearing officer's order and dismissed Barrington's appeal on October 30, 1998.

Barrington then chose to appeal the PERC's order to the Fifth DCA. On September 7, 1999, the court affirmed the PERC's decision without published opinion. See Barbara Barrington v. Department of Health, Case No. 99-1486, 1999 LEXIS 12255 (Fla.Dist.Ct.App. Sept. 7, 1999).

In the meantime, on April 1998, Barrington filed charges of race discrimination and retaliation with the Equal Employment Opportunity Commission ("EEOC"). On May 28, 1999, after receiving a right to sue letter, Barrington brought this action in the United States District Court, alleging racial discrimination and retaliation in violation of Title VII, 42 U.S.C. §§ 2000e to 2000e-17. Docket No. 1. On June 1, 1999, Barrington filed an amended complaint, claiming additional injuries from emotional distress. Docket No. 4. On November 30, 1999, the Department of Health filed its motion for summary judgment, claiming that Barrington had fully litigated her claims before the PERC, and is now barred from relitigating the matter in federal court by the doctrines of collateral estoppel and res judicata. See Docket No. 13 at 12.

II. THE LAW

A. Standard of Review on Summary Judgment

Summary judgment is appropriate "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 judgment as a matter of law." FED.R.CIV.P. 56(c). The moving party bears the initial burden of showing the Court, by reference to materials on file that there are no genuine issues of material fact that should be decided at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Jeffery v. Sarasota White Sox, 64 F.3d 590, 593 — 94 (11th Cir.1995); Clark v. Coats & Clark, Inc., 929 F.2d 604 (11th Cir.1991). A moving party discharges its burden on a motion for summary judgment by showing the Court that there is an absence of evidence to support the non-moving party's case. Celotex, 477 U.S. at 325, 106 S.Ct. 2548. Rule 56 permits the moving party to discharge its burden with or without supporting affidavits and to move for summary judgment on the case as a whole or on any claim. Id. When a moving party has discharged its burden, the non-moving party must then "go beyond the pleadings," and by its own affidavits or by "depositions, answers to interrogatories, and admissions on file," designate specific facts showing that there is a genuine issue for trial. Id. at 324, 106 S.Ct. 2548.

In determining whether the moving party has met its burden of establishing that there is no genuine issue as to any material fact and that it is entitled to judgment as a matter of law, the Court must draw inferences from the evidence in the light most favorable to the non-movant and resolve all reasonable doubts in that party's favor. Spence v. Zimmerman, 873 F.2d 256 (11th Cir.1989); Samples on Behalf of Samples v. City of Atlanta, 846 F.2d 1328, 1330 (11th Cir.1988). The Eleventh Circuit has explained the reasonableness standard:

in deciding whether an inference is reasonable, the Court must "cull the universe of possible inferences from the facts established by weighing each against the abstract standard of reasonableness." [citation omitted]. The opposing party's inferences need not be more probable than those inferences in favor of the movant to create a factual dispute, so long as they reasonably may be drawn from the facts. When more than one inference reasonably can be drawn, it is for the trier of fact to determine the proper one.

Jeffery v. Sarasota White Sox, 64 F.3d 590, 594 (11th Cir.1995), quoting WSB-TV v. Lee, 842 F.2d 1266, 1270 (11th Cir.1988).

Thus, if a reasonable fact finder evaluating the evidence could draw more than one inference from the facts, and if that inference introduces a genuine issue of material fact, then the court should not grant the summary judgment motion. Augusta Iron and Steel Works v. Employers Insurance of Wausau, 835 F.2d 855, 856 (11th Cir. 1988). A dispute about a material fact is "genuine" if the "evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The inquiry is "whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law." 477 U.S. at 251-52, 106 S.Ct. 2505. On a summary judgment motion the Court may not weigh the credibility of the parties. See Rollins v. TechSouth, Inc., 833 F.2d 1525, 1531 (11th Cir.1987). If the determination of the case rests on which competing version of the facts or events is true, the case should be presented to the trier of fact. 833 F.2d at 1531.

B. Full Faith And Credit To State Court Judgment

Congress requires federal courts to afford the same full faith and credit to state court judgments that would be provided by the courts of that state. See 28 U.S.C. § 1738 (1994).¹ In accordance with this mandate, federal courts have consistently applied the doctrines of res judicata and collateral estoppel to bar relitigation of issues previously decided in state courts. See Kremer v. Chemical Constr. Corp., 456 U.S. 461, 467 n. 6, 102 S.Ct. 1883, 72 L.Ed.2d 262 (1982). The two doctrines serve the same purpose in different ways. Res judicata, or claim preclusion, means that a final judgment on the merits bars the parties or those in privity with them from relitigating issues that were or could have been raised in the prior action. See Federated Dep't Stores, Inc. v. Moitie, 452 U.S. 394, 398, 101 S.Ct. 2424, 69 L.Ed.2d 103 (1981). Collateral estoppel, or issue preclusion, requires that once a court decides an issue necessary to its judgment, that decision precludes relitigation of the same issue on a different cause of action between the same parties. See Parklane Hosiery Co. v. Shore, 439 U.S. 322, 326 n. 5, 99 S.Ct. 645, 58 L.Ed.2d 552 (1979). Section 1738 requires application of both doctrines. See University of Tennessee v. Elliott, 478 U.S. 788, 796, 106 S.Ct. 3220, 92 L.Ed.2d 635 (...