Braswell v. Allen

• Decision Date: 19 November 2008
• Docket Number: Case No. 2:07-CV-833-MEF.
• Citation: 586 F.Supp.2d 1297
• Parties: Keith BRASWELL, et al., Plaintiffs, v. Richard ALLEN, et al., Defendants.
• Court: U.S. District Court — Middle District of Alabama

586 F.Supp.2d 1297

Keith BRASWELL, et al., Plaintiffs, v. Richard ALLEN, et al., Defendants.

Case No. 2:07-CV-833-MEF.

United States District Court, M.D. Alabama, Northern Division.

November 19, 2008.

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Keith Anderson Nelms, Anderson Nelms & Associates, Prattville, AL, for Plaintiffs.

Bart Gregory Harmon, Alabama Department of Corrections, Kim Tobias Thomas, Tara Smelley Knee, Albert Sim Butler, Alabama Department of Corrections, Legal Division, Montgomery, AL, for Defendants.

MEMORANDUM OPINION AND ORDER

MARK E. FULLER, Chief Judge.

I. INTRODUCTION

Keith Braswell ("Braswell"), Anthony Smiley, Sr. ("Smiley"), and Roderick Underwood ("Underwood") (collectively "Plaintiffs") filed a Complaint (Doc. # 1) on September 14, 2007, bringing claims of race discrimination and retaliation against Richard Allen and Charles Hadley ("Defendants") relating to their employment with Alabama Department of Corrections ("ADOC"). Pursuant to 42 U.S.C. § 1981 ("section 1981") and 42 U.S.C. § 1983 ("section 1983"), Plaintiffs allege that they have been denied rights created by federal statutes and by the United States Constitution. Plaintiffs also allege race discrimination and retaliation pursuant to 42 U.S.C. § 2000e, et seq. ("Title VII"). Plaintiffs seek declaratory relief, compensatory damages, punitive damages, equitable relief, costs, and attorneys' fees. This cause is before the Court on Defendants' Motion for Summary Judgment (Doc. # 24) filed on September 5, 2008. In this motion, Defendants argue that they are entitled to summary judgment because Plaintiffs cannot establish a prima facie case on any of their claims. The Court agrees and finds that the motion for summary judgment is due to be GRANTED for the reasons set forth in this Memorandum Opinion and Order.

II. JURISDICTION AND VENUE

Jurisdiction over Plaintiffs' federal claims is proper under 28 U.S.C. §§ 1331 (federal question) and 1343 (civil rights). The parties do not contest personal jurisdiction or venue, and the Court finds adequate allegations in support of both personal jurisdiction and venue.

III. SUMMARY JUDGMENT STANDARD

Under Rule 56(c) of the Federal Rules of Civil Procedure, 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 a judgment as a matter of law." Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The party asking for summary judgment "always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of `the pleadings, depositions answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Id. at 323, 106 S.Ct. 2548. The movant can meet this burden by presenting evidence showing there is no dispute of material fact, or by showing the non-moving party has failed to present evidence in support of some element of its case on which it bears the ultimate burden of proof. Id. at 322-23, 106 S.Ct. 2548.

Once the moving party has met its burden, Rule 56(e) "requires the nonmoving party to go beyond the pleadings and by [its] own affidavits, or by the `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. To avoid summary judgment, the nonmoving party "must do more than simply show that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). On the other hand, a court ruling on a motion for summary judgment must believe the evidence of the non-movant and must draw all justifiable inferences from the evidence in the non-moving party's favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). After the nonmoving party has responded to the motion for summary judgment, the court must grant summary judgment if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(c).

IV. FACTS

The Court has carefully considered all documents, declarations and affidavits submitted in support of and in opposition to the motion. The submissions of the parties, viewed in the light most favorable to the non-moving party, establish the following facts:

A. The Parties

Braswell, Underwood, and Smiley are African American males. The ADOC employed Plaintiffs as correctional officers at the Red Eagle Honor Farm ("Red Eagle") in 2006. Plaintiffs assert numerous employment discrimination and retaliation claims against Richard Allen ("Allen"), Commissioner of the ADOC, and Charles Hadley ("Hadley"), then Warden of Red Eagle, in their official capacities and individually.

B. Smiley's Suspension and Related Administrative Proceedings

1. Smiley's Suspension

On March 28, 2006, Smiley's assigned shift was from 7:00 a.m. to 4:00 p.m. Hadley saw Smiley leave his shift at 12:15 p.m. and checked the log book. He discovered that Smiley had signed in at 6:00 a.m. and signed out at 2:00 p.m. Smiley alleges that he entered his time incorrectly because he had worked over-time on March 26, 2006, and was confused about how to properly record his time. Because Hadley had seen Smiley leave early and record the wrong time, Hadley accused Smiley of falsifying time sheets and notified ADOC Personnel Division. ADOC Personnel Division instructed Hadley to give Smiley at five-day suspension.

2. Smiley's Administrative Hearing

On May 23, 2006, Red Eagle held an administrative hearing on Smiley's suspension. Attorney Julian McPhillips represented Smiley. The Hearing Officer, Warden James DeLoach, found Smiley guilty and recommended a written reprimand. Allen approved the written reprimand, and Hadley issued the reprimand to Smiley on June 9, 2006. Smiley submitted a rebuttal in response in which Smiley admitted he did not properly obtain Hadley's permission to change his work hours. (Doc. # 26 Ex. 1).

3. Braswell and Underwood's Statements in Support of Smiley

Plaintiffs Braswell and Underwood prepared statements for Smiley's administrative hearing. (Doc. # 26 Exs. 4, 7). Their statements accused their supervisors and colleagues of acts that violate ADOC policies and the Alabama Ethics Act.¹ An investigation by ADOC Investigation & Intelligence Division found that Braswell and Underwood's statements were unsubstantiated. (Doc. # 26 Ex. 5). Braswell's statement also contended that Defendants did not discipline a white officer, Jerry Odom, for conducting personal business while working. Defendants introduced evidence that Odom was not disciplined because an investigation conducted by ADOC Investigation & Intelligence Division showed that Odom had not conducted personal business while working. (Doc. # 37 Ex. 1).

Plaintiffs also allege a Caucasian officer, Donnie Brown ("Brown"), submitted a statement at Smiley's hearing and was not reprimanded. (Doc. #25 Exs. 20, 22). Defendants presented evidence that Brown's statement included an accusation that a steward had failed to appear for his shift on one occasion. (Doc. # 37 Ex. 1). Plaintiffs did not provide any evidence of the content of Brown's statement.

C. Alleged Discriminatory and Retaliatory Conduct

In this lawsuit, Plaintiffs contend that they were discriminated against on the basis of their race. Furthermore, they allege that Defendants retaliated against them after they participated in Smiley's administrative hearing.

1. Smiley's Claims

Smiley alleges that he was discriminated against on the basis of his race when he was given a reprimand in June of 2006. He also alleges that he was demoted when he was transferred from the first shift (9 a.m. to 4 p.m.) to the third shift (10 p.m. to 6 a.m.) and from Inmate Control System Supervisor to third-shift supervisor. Smiley does not provide any evidence that the transfer affected Smiley's pay, seniority, or responsibilities.

Additionally, Smiley alleges that he received an unjust employment evaluation in January of 2007 that diminished his likelihood of being promoted. Smiley offers no evidence with respect to this allegedly unjust evaluation. Defendants introduced evidence that Smiley's 2006/2007 annual appraisal dated January 4, 2007, contains a rating of "exceeds standards." (Doc. # 26 Ex. 2). Smiley's evaluator described him as someone who "has done an exceptional job" and "deserves this rating of exceeds standards." Id. In addition, Smiley received a two-step pay increase on his anniversary date of April 1, 2007, the maximum increase allowed by ADOC Personnel, in part because of his positive evaluation. (Doc. # 26 Ex. 3). The undisputed evidence before this Court establishes that even with a reprimand, ADOC regulations do not prevent an employee from getting a promotion. (Doc. # 37 Ex. 1).

2. Braswell and Underwood's Claims

In addition, Braswell and Underwood allege that Hadley unjustly transferred them to other facilities as a consequence of their statements at Smiley's hearing. On June 22, 2006, Allen ordered Braswell transferred to the Draper Correctional Facility and Underwood transferred to Staton Correctional Facility. (Doc. # 26 Exs. 17, 8). Hadley also requested that ADOC dismiss Braswell and Underwood, but instead ADOC instructed Hadley to proceed with suspensions and set hearings for both Plaintiffs. At Braswell's hearing on October 19, 2006, Willie Thomas was the Hearing Officer, Hadley acted as the presenting officer, and attorney Jason Manasco represented Braswell. Hearing Officer Thomas recommended a twenty-day suspension after finding Braswell guilty of making false...