Davis v. Braniff Airways, Inc.

• Decision Date: 11 April 1979
• Docket Number: No. CA 3-77-1398-F.,CA 3-77-1398-F.
• Citation: 468 F. Supp. 10
• Parties: Iniece DAVIS, Jr. v. BRANIFF AIRWAYS, INC.
• Court: U.S. District Court — Northern District of Texas

468 F. Supp. 10

Iniece DAVIS, Jr. v. BRANIFF AIRWAYS, INC.

No. CA 3-77-1398-F.

United States District Court, N. D. Texas, Dallas Division.

April 11, 1979.

E. Brice Cunningham, of Cunningham, Greenidge & Gaines, Dallas, Tex., for plaintiff.

Amos N. Moses Jr., of Braniff Airways, Braniff Airways, Inc., Dallas, Tex., Jack J. Gallagher and Craig N. Moore of Akin, Gump, Hauer & Feld, Washington D.C., for defendant.

MEMORANDUM OPINION

ROBERT W. PORTER, District Judge.

On July 31, 1978, Defendant Braniff Airways, Inc. filed its motion to dismiss or in the alternative for summary judgment in the above styled and numbered cause. The Court has considered the Defendant's motion, brief, and affidavits, and is of the opinion that summary judgment should be granted to the Defendant.

The complaint arose out of Braniff's termination of Mr. Davis, a black male employed as Flight Service Attendant, for a fighting incident on October 17, 1976 involving Mr. Davis and three white Braniff employees. Braniff discharged the four employees, who pursued grievance procedures through Braniff's Discharge Board of Adjustment. The Board upheld the discharge on November 29, 1976.

Mr. Davis filed a charge of employment discrimination with the Equal Employment Opportunity Commission (EEOC) on January 6, 1977, contending that Braniff had discharged him because of his race. On July 21, 1977, the EEOC issued its determination that "there is not reasonable cause to believe that Title VII of the Civil Rights Act of 1964, as amended, has been violated in the manner alleged . . . Should the Charging Party wish to pursue this matter further, the Charging Party may do so by filing a private action in Federal District Court within 90 days after receipt of this letter . . ."

Mr. Davis received the right to sue notice on July 22, 1977, and instituted suit in this court on October 21, 1977, 91 days later. His complaint alleged a class action on behalf of "Negroes, Spanish Surname and female persons who are now, have been, might have been or might become members of the International Brotherhood of Teamsters and who are now employed, were employed, might have been employed or might become employed by the Respondent at its plant and offices since July 2, 1965". The complaint alleged that Braniff maintained various discriminatory policies and practices, as well as having terminated Mr. Davis on the basis of his race.

I find that Mr. Davis' individual claim of racial discrimination through his employment by Braniff is barred by the res judicata effect of a consent decree entered on November 23, 1976, in Frederick High v. Braniff Airways, Inc., Civil Action No. SA-73-209 (W.D.Tex., San Antonio Div.) and by his execution of a release agreement on December 15, 1976, discharging Braniff from all further claims for racial discrimination in employment that arose prior to the date of this signing. His claim of employment discrimination against a purported class of certain black and Spanish-surnamed applicants and certain black employees of Braniff likewise is barred by the res judicata effect of the High consent decree and by the execution of similar release agreements by 115 class members in the High case. Those claims of employment discrimination against a purported class of certain female applicants and employees of Braniff is barred because Mr. Davis' Title VII claim in this case was filed untimely and because section 1981 of Title 42 of the United States Code does not address sex discrimination in employment. The claims of employment discrimination against a purported class of certain Spanish surnamed employees of Braniff are barred because Mr. Davis is not a member of the class he purports to represent and because he would be an inadequate representative of such a class.

Braniff has further requested in its motion that it be awarded attorney's fees as a prevailing party in this Title VII action. Section 706(k) of the Civil Rights Act of 1964 authorizes award of attorneys' fees as part of the costs in actions under Title VII.¹ Any such award is discretionary with the court, but the considerations influencing its exercise of discretion will differ, depending on whether the prevailing party is the Plaintiff or Defendant.²

This circuit has repeatedly held that courts should liberally interpret the statutory provision when contemplating an award of attorneys' fees to successful plaintiffs, Sagers v. Yellow Freight System, Inc., 529 F.2d 721 (5th Cir. 1976), in recognition of the Congressional policy of having Title VII enforced by individuals who act as private attorneys general. Carey v. Greyhound Lines, Inc., 380 F.Supp. 467, 474 (D.C.La. 1973), aff'd in part and rev'd in part on other grounds, 500 F.2d 1372 (5th Cir. 1974).³

In Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 98 S.Ct. 694, 54 L.Ed.2d 648 (1978), the Supreme Court recognized the applicability of section 706(k) to defendants who prevail in Title VII suits, and specifically addressed the issue of what standards should guide the trial court's discretion in awarding attorneys' fees to successful defendants. In rendering its decision, the Court carefully distinguished between the standard for determining awards to prevailing plaintiffs, which favors such awards in "all but special circumstances." 434 U.S. at 417, 98 S.Ct. 694. This liberal standard was expressly rejected for prevailing defendants, however. The Court noted that the equitable considerations favoring successful plaintiffs were inapplicable to prevailing defendants. The Court concluded, despite a dearth of legislative history, that section 706(k) envisioned financial protection to defendants only from "burdensome litigation having no legal or factual basis." Id. at 420, 98 S.Ct. at 700. Consequently, discretion should be exercised in favor of defendants in Title VII actions only where the suit brought is found to be frivolous, unreasonable, or without foundation, even though not brought in subjective bad faith. 434 U.S. at 421, 98 S.Ct. 694.⁴

The standard must be applied against the facts present at the time the suit was filed or throughout its proceeding to judgment; its assessment must not be influenced by knowledge gained by hindsight.

The Plaintiff has argued that circumstances present at the filing of this lawsuit do not evince those required by Christiansburg to justify award of attorney's fees to the Defendant. Specifically, Plaintiff's counsel argues that the suit was premised upon facts not embraced by the language of the High decree, and that the release signed by the Plaintiff, which does extend to the facts at issue in the suit, was not available to the Plaintiff's attorney at the time suit was filed. Similarly, the Plaintiff argues that the documents made the basis of Defendant's later motion to dismiss were not available to Plaintiff's attorney at the time of the lawsuit's filing.

Courts have viewed with disfavor a practice of routinely awarding fees to prevailing Title VII defendants, upon the rationale that the average Plaintiff in such actions knows little more than that they had been filed, his belief that the act occurred as the result of discrimination, and that generally he would defer to the advice of his attorney regarding the propriety of suit; similarly understood is the frequent unavailability of information necessary to determine whether suit was proper. McCampbell v. Chrysler Corp., 425 F.Supp. 1326 (E.D.Mich.1977). At issue here is whether the information regarding the release was so clearly before the Plaintiff or his attorney as to trigger the Christiansburg standard.

In its response through affidavit, the Defendant refutes Plaintiff's characterization of facts present at the time the lawsuit was filed. The Plaintiff and his counsel received actual notice of the High consent decree in the fall of 1976. The Plaintiff's signed release of liability, now conceded to cover his claims in this lawsuit, was among documents in the investigative file compiled by the EEOC subsequent to the Plaintiff's charge to that agency. Thus, diligence by Plaintiff's counsel would have divulged the fact of his client's assent to the release of liability against the Defendant. I am not persuaded that his failure to unearth this document in the file of the EEOC was sufficient to trigger imposition of defense attorney's fees measured from the date of the filing of the complaint, however.

The Christiansburg standard is equally available where the plaintiff continues to litigate after it becomes clear that his claim was frivolous, unreasonable or groundless. 434 U.S. at 422, 98 S.Ct. 694. Assuming that Plaintiff's counsel filed the suit without effective notice of the release signed by his client, the events subsequently occurring dispel doubt regarding his propriety in continuing litigation of this suit. Plaintiff's counsel was advised orally and by letter in February 1978 that the Defendant believed the suit was frivolous and patently without merit. The letter reflects two bases for this contention: (1) that the facts surrounding the discharge of Mr. Davis clearly indicated equal treatment by Braniff of all individuals involved in the dispute; and (2) that the High consent decree operated to bar the claim through the doctrine of res judicata. The letter concluded that the Defendant would pursue its position by filing a motion to dismiss with this Court. On February 20, Plaintiff's counsel responded, merely acknowledging receipt of Defendant's letter and indicating that Plaintiff would oppose the motion to dismiss. At this time, the Defendant had not specifically addressed the release actually signed by the Plaintiff, although the High consent decree contained as an appendix a sample form of the release required to be signed by class members.

The motion was filed on August 2, 1978, and included the argument that Plaintiff's claims were barred by the res judicata effect of the High consent decree, of which the...