Dale v. City of Paris
| Decision Date | 22 December 2020 |
| Docket Number | Civil Action No. 5: 20-324-DCR |
| Parties | CORBIN DALE, Plaintiff, v. CITY OF PARIS, et al., Defendants. |
| Court | U.S. District Court — Eastern District of Kentucky |
Few people would probably blame Corbin Dale for wearing short sleeves in the July heat. But as a lineman for the City of Paris, his attire was dictated by safety rather than comfort. Thus, when Dale failed to wear protective sleeves in violation of City policy, he was suspended for one day without pay. Dale felt that he was being singled out and punished for conduct his supervisor condoned in other, non-minority employees. As a result, he brought this suit to recover damages for the allegedly disparate treatment and the process that led to his suspension. Defendants City of Paris (Dale's employer), Aaron Sparkman (Dale's direct supervisor), and Daron Jordan (the City Manager and Sparkman's direct supervisor) have moved for partial judgment on the pleadings.
Plaintiff Corbin Dale is an African American resident of Bourbon County, Kentucky, and a fourteen-year employee of the City of Paris Electric Department ("the Department"). [Record No. 1, ¶ 13] In his capacity as a lineman, he is tasked with "maintain[ing] and repair[ing] the electrical distribution system for the City of Paris." [Id. at ¶ 25] Prior to 2017 (when the City hired Sparkman as his supervisor), Dale was seemingly satisfied with his employment. [Id. at ¶ 4] He alleges that Sparkman's hire signaled the beginning of a pattern of unfair treatment toward minorities within the Department. [Id. at ¶ 28]
Dale's Complaint details a number of racial slurs allegedly made by employees in the Department toward "members of the public." [Record No. 1, ¶ 30] And Dale contends that Sparkman "was aware of the actions and failed to properly train, supervise, and discipline the crew members responsible for the acts." [Id. at ¶ 32] The Complaint connects this context of "egregious racial discrimination" and alleged harassment to new safety guidelines ("the new policy") that "allow[ed] for employees of [the Department] to be suspended without pay for only one offense and did not require a hearing." [Id. at ¶¶ 5, 35] The new policy detailed the personal protective equipment required for Department employees in a number of situations and stated the "[c]onsequences" for violations of the policy. [Record No. 15-1] In relevant part, a consequence for an employee's "[f]irst offense" under the policy is listed as "[one] day off without pay." [Id.]
Dale contends that this policy violated the employee handbook he signed when he was hired by the Department in 2006 ("the handbook"). For one thing, he alleges that the handbook requires new policies to be approved by the City Commission, but the new policy was enacted unilaterally.1 [Record No. 1, ¶¶ 23-24, 33-34] Dale further maintains that the new policy is contrary to "eligibility requirements for discipline . . . and suspension without pay" in the original handbook. [Id. at ¶ 22] Specifically, the handbook states that "[s]uspension withoutpay must be approved by the City Commission." [Id. at ¶ 24] Dale signed the new policy on September 24, 2018, but he alleges that he was unaware that it was not approved by the City Commission. [Id. at ¶ 37]
On August 8, 2019, Sparkman notified Dale that he would be suspended for one day without pay for "failing to wear long sleeves while working on an energized conductor on two separate occasions." [Record Nos. 1, ¶ 40; 10-2, p. 3] The violations allegedly occurred on July 15, 2019, and July 17, 2019. [Id.] Dale's Complaint alleges that Jordan was aware of and approved the suspension without bringing it before the City Commission. [Record No. 1, ¶ 44] At the time, Dale denied the alleged violations occurred, questioned why he was not provided notice "in a timely manner," and requested a hearing before the City Commission. [Id. at ¶¶ 41, 48] He asserts that his concerns were never addressed. On December 19, 2019, Dale filed a formal grievance with Jordan that was denied by the City a month later. [Id. at ¶¶ 50-53] The denial allegedly contained a statement by Jordan that Dale had refused to meet with him to discuss the violations on two occasions, but Dale denies that claim. [Id. at ¶¶ 54-55]
On March 19, 2020, Dale requested a right to sue letter from the United States Equal Employment Opportunity Commission. [Record No. 1, ¶ 61] While that request was pending, the City reprimanded (but did not suspend) Dale for failing to supervise a junior employee. [Id. at ¶ 56] Dale asserts that this unrelated disciplinary action was in retaliation to the grievance filed in December 2019 because he has no supervisory responsibilities. [Id. at ¶¶ 57-58]
Dale argues that the defendants were "aware of other Caucasian [employees] of [the Department] committing egregious act [sic] in violation of the new policy and [did] notdiscipline[] those employees." [Record No. 1, ¶¶ 45-46] He alleges that Sparkman himself has violated the new policy, and that Jordan did not act when he was made aware of Sparkman's violations. [Id. at ¶ 47]
Dale filed this suit alleging violations of both federal and state law. The Complaint seeks relief for: (1) racial discrimination and maintaining a hostile work environment in violation of 42 U.S.C. § 1981; (2) racial discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e; (3) violations of Dale's procedural due process rights under the Fourth2 and Fourteenth Amendments of the Constitution, pursuant to 42 U.S.C. § 1983; (4) racial discrimination and unlawful retaliation in violation of Kentucky Revised Statutes ("KRS") § 344.050; and (5) tort claims for negligent hiring and supervision and negligent infliction of emotional distress.
Rule 12(c) of the Federal Rules of Civil Procedure allows a party to move for judgment on the pleadings. The standard of review applied by the Court in addressing motions under this rule is "the same as for a motion under Rule 12(b)(6) for failure to state a claim upon which relief can be granted." Fritz v. Charter Twp. of Comstock, 592 F.3d 718, 722 (6th Cir. 2010). Thus, the Court takes "all well-pleaded material allegations . . . of the opposing party" as true, and the motion is granted only if "the moving party is nevertheless clearly entitled to judgment." S. Ohio Bank v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 479 F.2d 478, 480(6th Cir. 1973). Stated differently, relief is warranted if "the plaintiff undoubtedly can prove no set of facts in support of the claims that would entitle [him to] relief." Grindstaff v. Green, 133 F.3d 416, 421 (6th Cir. 1998). Having set out the facts in the light most favorable to Dale, the Court will consider whether he could be entitled to relief as a matter of law.
First, the defendants argue that all claims against Sparkman and Jordan ("the individual defendants") in their official capacities should be dismissed as duplicative. [Record No. 10-2, pp. 6-7] Next, they contend that the claims against Sparkman and Jordan in their individual capacities under 42 U.S.C. §§ 1981 and 2000e and KRS § 344.050 should be dismissed because those statutes do not provide for liability against these defendants. [Id. at pp. 7-8] Similarly, they suggest that the negligent hiring and supervision claims against the individual defendants should be dismissed because they lack the "authority to hire and fire the alleged 'direct' tortfeasor." [Id. at p. 9] Finally, all defendants seek judgment as a matter of law on Dale's due process claims. [Id. at pp. 10-14]
A. DEFENDANTS SPARKMAN AND JORDAN ARE ENTITLED TO JUDGMENT AS A MATTER OF LAW TO THE EXTENT DALE ASSERTS CLAIMS AGAINST THEM IN THEIR OFFICIAL CAPACITIES.
The defendants' motion seeks to clarify that Dale may not assert separate claims against the City, on the one hand, and Sparkman and Jordan in their official capacities, on the other. Where a plaintiff names a government official in a suit for retroactive relief, any recovery from the defendant in his or her official capacity would stem from the government, not the individual. Thus, "official-capacity claims are deemed to be against the [government]." Clark v. Kentucky, 229 F. Supp. 2d 718, 721-22 (E.D. Ky. 2002) (citing Doe v. Wigginton, 21 F.3d733, 736-37 (6th Cir.1994)). For that reason, any claims Dale asserts against the individual defendants in their official capacities are unnecessary because, as the defendants point out, "it is like suing the [City] twice." [Record No. 10-2, p. 5]
Dale's response is unclear, but he argues that the defendants' request to dismiss the official-capacity claims is "premature." [Record No. 15, p. 3] He mentions the Court's obligation to construe the facts in his favor and suggests that insufficient facts exist at this stage to determine whether the defendants' arguments merit relief. [Id. at pp. 3-4] The defendants' reply clarifies that they "are not challenging the appropriateness of the claim nor any of the underlying factual assertions," but "merely point[ing] out" that the claims are redundant. [Record No. 16, pp. 1-2]
The defendants are correct that additional facts are not needed to dismiss the claims against Sparkman and Jordan in their official capacities. By naming the individual defendants in their official capacities and separately naming the City of Paris, Dale has effectively named the same party three times. Therefore, the claims against the individual defendants in their official capacities will be dismissed.
B. DEFENDANTS SPARKMAN AND JORDAN ARE ENTITLED TO JUDGMENT AS A MATTER OF LAW ON DALE'S RACIAL DISCRIMINATION AND HOSTILE WORK ENVIRONMENT CLAIMS UNDER 42 U.S.C. § 1981.
A state actor sued in his or her individual capacity is not liable for violations of 42 U.S.C. § 1981. McCormick v. Miami Univ., 693 F.3d 654, 660 (6th Cir. 2012). That s...
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