Camp v. Correctional Medical Services, Inc., Case No. 2:08-CV-227-WKW [WO].

• Decision Date: 22 October 2009
• Docket Number: Case No. 2:08-CV-227-WKW [WO].
• Citation: 668 F.Supp.2d 1338
• Parties: Dr. Larry CAMP, et al., Plaintiffs, v. CORRECTIONAL MEDICAL SERVICES, INC., et al., Defendants.
• Court: U.S. District Court — Middle District of Alabama

Page 1338

668 F.Supp.2d 1338

Dr. Larry CAMP, et al., Plaintiffs, v.CORRECTIONAL MEDICAL SERVICES, INC., et al., Defendants.

Case No. 2:08-CV-227-WKW [WO].

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

October 22, 2009.

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David Wayne Long-Daniels, Lindsey C. Edelmann, Todd David Wozniak, Greenberg Traurig LLP, Atlanta, GA, for Plaintiffs.

Brian J. Richardson, Christopher Stephen Kuffner, David Berman Block, William Richard Lunsford, Maynard Cooper & Gale, P.C., Huntsville, AL, Greg M. Biggs, Kim Tobias Thomas, Alabama Department of Corrections Montgomery, AL, for Defendants.

MEMORANDUM OPINION AND ORDER

W. KEITH WATKINS, District Judge.

PlaintiffsDr. Larry Camp("Camp") and Sabrina Martindale("Martindale")(collectively "Plaintiffs") bring this action against Correctional Medical Services, Inc.("CMS"), Richard F. Allen("Allen"), Ruth Naglich("Naglich"), and Laura Ferrell("Ferrell"),¹ alleging First Amendment violations under 42 U.S.C. § 1983 and various state law claims.(Am. Compl.(Doc. # 37).)This cause is before the court on Plaintiffs' motion for partial summary judgment on Camp's § 1983 claims(Doc. # 69), CMS's motion for summary judgment on all claims(Docs. # 70, 71), and Allen, Naglich, and Ferrell's (collectively "the ADOC defendants")motion for summary judgment on all claims(Docs. # 73, 74).After careful consideration of counsels' briefs, the relevant law, and the record as a whole, the court finds that Camp's motion is due to be denied, CMS's motion is due to be granted, and the ADOC defendants' motion is due to be granted in part and denied in part.

I.JURISDICTION AND VENUE

The parties do not dispute subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331and1367; nor do the parties contest personal jurisdiction or venue.There are adequate allegations in support of each.

II.FACTUAL AND PROCEDURAL BACKGROUND

This case arises out of CMS's failure to hire Camp and Martindale to the positions of dentist and dental assistant, respectively, at the Limestone Correctional Facility ("Limestone Facility").Plaintiffs allege that the hiring decisions were in retaliation for prior complaints made by Plaintiffs concerning a supervisor's alleged "improper and unethical" practices.The evidentiary submissions of the parties establish the following facts.

A.Factual Background

1.Camp's and Martindale's Previous Employment with NaphCare and PHS

The Alabama Department of Corrections("ADOC") contracts with private companies to provide medical and dental services to the state's inmate population.In July 2002, one such company, NaphCare, Inc.("NaphCare"), hired Camp to provide dental services to inmates at the Limestone and St. Clair Correctional facilities in Alabama.(CampAff. ¶ 5, Feb. 4 2009("Camp Aff. I")(Ex. A to Pls.'Summ. J. Br.).)In February 2003, NaphCare hired Martindale to work as a dental assistant at the Limestone Facility.(MartindaleAff. ¶ 3, Feb. 5, 2009("Martindale Aff. I")(Ex. B to Pls.'Summ. J. Br.).)Upon replacing NaphCare as the state's contractor in November 2003, Prison Health Services, Inc.("PHS") hired both Camp and Martindale to continue providing dental services at the Limestone Facility.(CampAff. I ¶ 5;MartindaleAff. I ¶ 3.)²

While employed by PHS at the Limestone Facility, Camp and Martindale independently filed complaints against the Director of Dental Services, Dr. David Michael West("West").Camp sent a letter to PHS's Regional Medical Director and the Commissioner of the ADOC on December 11, 2003.(Letter from Camp. to Dr. Will Mosier, Dec. 11, 2003("Camp letter")(Ex. 1 to Camp Aff. I).)He sent a formal complaint to the Board of Dental Examiners of Alabama("Dental Board") on December 17, 2003(Complaint from Camp to the Dental Board, Dec. 17, 2003.("Camp complaint")(Ex. 2 to Camp.Aff. I).)Camp's letter and complaint stated that West used "brutal and painful" methods for the purpose of reducing demand for dental services, that West did not properly sterilize equipment, and that West failed to maintain adequate supplies for the site.(Camp letter; Camp complaint.)Martindale's complaint—addressed to the Dental Board on January 2, 2004—discussed a specific incident during which West allegedly insisted upon using unsterilized equipment.(Complaint from Martindale to the Dental Board, Jan. 2, 2004("Martindale complaint")(Ex. 1 to Martindale Aff. I).)West was ultimately sanctioned by the Dental Board for "fail[ure] to meet or comply with the current recommendations of the Centers for Disease Control and Prevention's Recommended Infection-Control Practices for Dentistry."(Dental Board Am. Order, Sept. 8, 2005(Ex. 4 to Camp Aff. I).)

Less than one month after filing the complaints, Ferrell, who was at that time a Regional Vice President for PHS (MartindaleDep. 78(Ex. J to CMS Summ. J. Br.)), notified Camp that his job had been terminated.(CampAff. I ¶ 11.)Ferrell claims that the termination was based on Camp's failure to abide by company policy and failure to work the requisite hours.(See West Dep. 203)(Ex. 11 to ADOC Defs.'Summ. J. Br. (stating that West reported to Ferrell that Camp was not fulfilling his time obligations).)Ferrell was, however, aware of Camp's complaints at the time.When asked whether she"didn't like" that Camp wrote a letter to the ADOC about violations of clinical procedure, Ferrell responded: "I don't like that as a regional vice president that I was shown a letter of complaints in front of my client."(FerrellDep. 219(Ex. J to Pls.'Summ. J. Br.).)Camp claims that Ferrell told him that the reason for his termination was his "failure to follow policies and procedures and not following [the] chain of command."(CampDep. 212Nov. 21, 2008("Camp Dep. I")(Ex. H to CMS Summ. J. Br.).)

On December 13, 2004, Ferrell discharged Martindale for allegedly falsifying her time records.(MartindaleDep. 241.)

2.Camp's Application with CMS

On November 1, 2007, CMS contracted with the ADOC to provide healthcare services for the Alabama prison system.(LintonAff. ¶ 3(Ex. B to CMS Summ. J. Br.).)The ADOC-CMS contract grants the ADOC the authority to reject personnel proposed by CMS.Specifically, the contract states, "The ADOC reserves the right to reject any CMS personnel ....Any such rejections shall not be unreasonably exercised by the ADOC."(Health Services Agreement between the ADOC and CMS, Nov. 1, 2007("ADOC-CMS contract")(Ex. 24 to LintonDep., Sept. 11, 2008("Linton Dep. I")(Ex. C to CMS Summ. J. Br.)).)In September 2007, after receiving notification of the ADOC's intent to contract with CMS, CMS set about hiring "approximately 543 individuals."(LintonAff. ¶ 3.)CMS retains physicians, dentists, and "other medical specialists" as independent contractors, not employees.(MeekerAff. ¶ 6;RayDep. 12.)

Camp submitted his application for a dental position with CMS on October 10, 2007(Camp application, Oct. 10, 2007(Ex. 1 to Camp Dep. I)), and interviewed with the state's Dental Director Dr. Mark King("King") on October 12, 2007.(KingDep. 12, 46(Ex. E to CMS Summ. J. Br.).)After the interview, King forwarded "a favorable report" of Camp to CMS's Dental Recruiter Christine Ray("Ray").(KingDep. 50.)According to Ray, King "approved [Camp] and wanted [her] to move forward with a contract."(RayDep. 25.)

On October 15, 2007, Larry Linton("Linton"), CMS's Regional Vice President, received an email from Ray requesting Linton's permission to extend an offer to Camp.(RayDep. 27;LintonDep. I 185; email from Ray to Linton, Oct. 15, 2007, 3:29 p.m.(Ex. 21 to Linton Dep.).)Two hours before receiving Ray's email, Linton received an email from West stating:

I received an e-mail from Mark [King] about a future hire at Limestone—Larry Camp.

This is the guy who wrote everyone from the commissioner down to stir up trouble for PHS.I guarantee you he will not work an 8 hour day consistently.The Board believed his crap against me.No one else did!

(Email from West to Linton, Oct. 15, 2007, 1:19 p.m.(Ex. 105 to LintonDep., Oct. 17, 2008("Linton Dep. II")(Ex. D to CMS Summ. J. Br.).)Linton subsequently emailed Naglich, Ferrell, and Brandon Kinard of the ADOC, asking for their views on Camp: "I heard Dr. Camp has a history in Alabama.He wants to work for us at Limestone—any guidance?"(Email from Linton to Naglich, Ferrell, and Kinard, Oct. 15, 2007, 5:16 p.m.(Ex. 21 to Linton Dep. II).)Ferrell, who, having formerly worked with Camp and Martindale at PHS, had become the ADOC's Medical Systems Administrator (FerrellDep. 13(Ex. M to CMS Summ. J. Br.)), responded to Linton's email, writing "Absolutely not!" and "This is the one who had us all before the State Dental Board[w/]r/t Dr. Mike West."(Email from Ferrell to Linton, Naglich, and Kinard, Oct. 16, 2007, 8:50 a.m.)(Ex. 21 to Linton Dep. I.); email from Ferrell to Linton, Oct. 16, 2007, 8:55 a.m.(Ex. 21 to Linton Dep. I.).)When asked for the basis of her email to Linton, Ferrell testified during her deposition that "Dr. Camp had an issue with his timekeeping previously; Dr. Camp did not work well with his professional associates; he did not take instruction well; and Dr. Camp was an independent operator."(FerrellDep. 218 (Ex. 5 to ADOC Defs.' Summ. J. Br.).)After receiving Ferrell's emails, Linton requested that Ray "not continue [to] pursue Dr. Camp."(Email from Linton to Ray, Oct. 16, 2007, 10:07 a.m.(Ex. 21 to Linton Dep. I).)

Naglich, the ADOC's Associate Commissioner of Health Services (NaglichDep. 38(Ex. L to CMS Summ. J. Br.)), responded to Linton's email on October 26, 2007, stating that it was "[n]ot in our best interest" to hire Camp.(Email from Naglich to Linton, Oct. 26, 2007, 4:31 p.m.(Ex. R to Pls.'Summ. J. Br.).)Subsequently, Linton had a...