Christensen v. City of Sergeant Bluff
| Decision Date | 24 February 2021 |
| Docket Number | No. C20-4031-LTS,C20-4031-LTS |
| Citation | 521 F.Supp.3d 803 |
| Court | U.S. District Court — Northern District of Iowa |
| Parties | David R. CHRISTENSEN, Plaintiff, v. CITY OF SERGEANT BLUFF, et al., Defendants. |
David Christen Briese, Crary Huff Ringgenberg Hartnett & Storm PC, Sioux City, IA, for Plaintiff.
Zachary David Clausen, Douglas L Phillips, Klass Law Firm LLP, Sioux City, IA, for Defendants.
This matter is before me on defendants’ motion (Doc. 20) for summary judgment. Plaintiff David Christensen has filed a resistance (Doc. 28) and defendants have replied. (Docs. 29, 32). Oral argument is not necessary. See Local Rule 7(c).
Christensen commenced this action on January 10, 2019, in the Iowa District Court for Woodbury County. Docs. 1, 3. He amended his state court petition on March 17, 2020, and again on June 3, 2020.
Doc. 1. The named defendants are City of Sergeant Bluff, Iowa (the City), Aaron Lincoln, Dirk Jon Winkel, a/k/a Jon Winkel, and Mark Huntley. Doc. 3. Christensen asserts the following claims:
Doc. 3 at 20-26. On June 3, 2020, defendants filed a notice of removal (Doc. 1) to this court on the basis of federal question jurisdiction under 28 U.S.C. § 1331. Trial is scheduled to begin June 1, 2021.
Any party may move for summary judgment regarding all or any part of the claims asserted in a case. Fed. R. Civ. P. 56(a). Summary judgment is appropriate when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue of 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).
A material fact is one that " ‘might affect the outcome of the suit under the governing law.’ " Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Thus, "the substantive law will identify which facts are material." Id. Facts that are "critical" under the substantive law are material, while facts that are "irrelevant or unnecessary" are not. Id.
An issue of material fact is genuine if it has a real basis in the record, Hartnagel v. Norman , 953 F.2d 394, 395 (8th Cir. 1992) (citing Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 586–87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) ), or when " ‘a reasonable jury could return a verdict for the nonmoving party’ on the question." Woods v. DaimlerChrysler Corp. , 409 F.3d 984, 990 (8th Cir. 2005) (quoting Anderson , 477 U.S. at 248, 106 S.Ct. 2505 ). Evidence that only provides "some metaphysical doubt as to the material facts," Matsushita , 475 U.S. at 586, 106 S.Ct. 1348, or evidence that is "merely colorable" or "not significantly probative," Anderson , 477 U.S. at 249–50, 106 S.Ct. 2505, does not make an issue of material fact genuine.
As such, a genuine issue of material fact requires "sufficient evidence supporting the claimed factual dispute" so as to "require a jury or judge to resolve the parties’ differing versions of the truth at trial." Anderson , 477 U.S. at 248–49, 106 S.Ct. 2505. The party moving for entry of summary judgment bears "the initial responsibility of informing the court of the basis for its motion and identifying those portions of the record which show a lack of a genuine issue." Hartnagel , 953 F.2d at 395 (citing Celotex , 477 U.S. at 323, 106 S.Ct. 2548 ). Once the moving party has met this burden, the nonmoving party must go beyond the pleadings and by depositions, affidavits, or otherwise, designate specific facts showing that there is a genuine issue for trial. Mosley v. City of Northwoods , 415 F.3d 908, 910 (8th Cir. 2005). The nonmovant must show an alleged issue of fact is genuine and material as it relates to the substantive law. If a party fails to make a sufficient showing of an essential element of a claim or defense with respect to which that party has the burden of proof, then the opposing party is entitled to judgment as a matter of law. Celotex , 477 U.S. at 322, 106 S.Ct. 2548.
In determining if a genuine issue of material fact is present, I must view the evidence in the light most favorable to the nonmoving party. Matsushita , 475 U.S. at 587–88, 106 S.Ct. 1348. Further, I must give the nonmoving party the benefit of all reasonable inferences that can be drawn from the facts. Id. However, "because we view the facts in the light most favorable to the nonmoving party, we do not weigh the evidence or attempt to determine the credibility of the witnesses." Kammueller v. Loomis, Fargo & Co. , 383 F.3d 779, 784 (8th Cir. 2004). Instead, "the court's function is to determine whether a dispute about a material fact is genuine." Quick v. Donaldson Co., Inc. , 90 F.3d 1372, 1376–77 (8th Cir. 1996).
The following facts1 are undisputed for purposes of this motion unless otherwise noted:
The City hired Christensen as City Inspector/Code Enforcement Officer on December 27, 2012. His duties included: permit work, inspection of new construction and rehabilitation, nuisance abatement, storm water erosion control and management, plan review, assisting with fire inspections and attending planning and zoning meetings as a staff representative. He was also in charge of various construction projects including: the Senior Center remodel, the Fire Department Tower remodel, constructing an office addition at the Public Works Building and installing bullet proof glass at City Hall. Pursuant to various 28E2 agreements, Christensen provided building and property inspections, code enforcement and nuisance proceedings services to other communities within Woodbury County.
Christensen was eventually "spread too thin" due to his 28E duties or general contractor duties. By mid-June 2016, defendants state there were concerns about whether Christensen was adequately performing his job duties. Specifically, the parties dispute whether there was an issue regarding Christensen's lack of an electrical ICC certification. Defendants state this was a long-standing problem discussed with Christensen during a performance review with defendant Aaron Lincoln, City Administrator, in June 2016. They note such a certification was required by the state to assist with duties related to electrical inspections. Christensen states a certification was not required in June 2016 and that he performed electrical inspections for the City until October 2017 when the state fire marshal required that the regional state electrical inspector perform electrical inspections.
On April 27, 2017, Lincoln and the personnel committee reorganized the Building Inspector/Code Enforcement Department and put Christensen under the supervision of the Public Works Department and defendant Mark Huntley, Director of Public Works. Storm water enforcement duties were reassigned to Public Works and the City Clerk. Lincoln and the City Council created an order of priorities for Christensen. The parties dispute the purpose of this directive. Defendants state it was made to lighten the load and help Christensen focus on duties that were important so he could be successful. Christensen states it was made because the building inspection position was funded 50 percent from the Public Works Department, Lincoln was busy with other tasks and Christensen's office was in the Public Works Department, which was a different location than Lincoln's office.
The City terminated Christensen's employment on April 2, 2018. The parties dispute the specific reasons for the termination but agree that it relates to Oak Hills. Oak Hills is in the north part of the City and was originally developed as air base housing. It is now a subdivision with 220 duplex units and some single-family units. The area was once a source of community pride but, after years of neglect, it had started to become blighted. Sometime prior to March 2014, when Lincoln was hired as City Administrator, the City began a series of discussions with Oak Hills owners about rehabilitation. Brian Redshaw was the City Administrator at this time. Defendants state that early in the negotiation process, the parties discussed updating the electrical service in each of the units at Oak Hills so that the City could provide underground service and eliminate certain transformers. They state this proposal required Oak Hills to adhere to the International Property Management Code in completing its portion of the electrical upgrade and contemplated that the City would waive inspection fees for the life of the project.3
The parties dispute when a copy of the proposed agreement was provided to Christensen. Defendants claim Redshaw provided Christensen with a copy of the proposed agreement sometime prior to March 2014. Christensen states he was provided a copy in approximately August 2016. The parties agree Christensen wrote "ABSOLUTELY NOT" on the copy, but because they dispute which copy, they also dispute what this comment was referring to.
Defendants state Christensen wrote the notation on the portion of the proposal that requested a waiver of inspection fees. See also Doc. 20-2 at 56 (). Christensen states it was written next to "Electrical work for the rehabilitation as described above will not require permits or additional...
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