Eldridge v. Morrison

• Decision Date: 04 June 1996
• Docket Number: Civil Action No. 95-C-905-N.
• Citation: 970 F.Supp. 928
• Parties: George ELDRIDGE, Plaintiff, v. James MORRISON, et al., Defendants.
• Court: U.S. District Court — Middle District of Alabama

970 F.Supp. 928

George ELDRIDGE, Plaintiff, v. James MORRISON, et al., Defendants.

Civil Action No. 95-C-905-N.

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

June 4, 1996.

COPYRIGHT MATERIAL OMITTED

David George Flack, Montgomery, AL, for Plaintiff.

Ellen Ruth Leonard, Andrew W. Redd, Alice Ann Byrne, Alabama Dept. of Corrections, Legal Div., Montgomery, AL, for Defendants.

MEMORANDUM OPINION AND ORDER

CARROLL, United States Magistrate Judge.

I. INTRODUCTION AND PROCEDURAL HISTORY

On July 3, 1995, the plaintiff, George Eldridge (Eldridge), a black male, filed this action against James Morrison (Morrison; former warden at Staton Correctional Institution), Morris Thigpen (Thigpen; former Department of Corrections Commissioner), and Ron Jones (Jones; Department of Corrections Commissioner),¹ in their individual and official capacities, and against the Department of Corrections. He alleged that he had been discriminated against on the basis of his race in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e et seq. as amended (Title VII race claim). Specifically, he claimed that he was disciplined more harshly than white officers.

On October 24, 1995, he amended his complaint to include J.D. White (White; former warden at Staton Correctional Facility and former Deputy Commissioner) and Tommy Herring (Herring; former Department of Corrections Commissioner) as defendants in their individual and official capacities.² He also added additional claims (1) that he was terminated due to race discrimination and retaliated against for filing a complaint with the Equal Employment Opportunity Commission, in violation of Title VII (Title VII retaliation claim)³; (2) that he faced race discrimination and retaliation in violation of his rights under 42 U.S.C. § 1983 (§ 1983 claims); (3) that he faced a conspiracy to deprive him of his rights under 42 U.S.C. § 1985 (§ 1985 claim); and (4) that certain defendants did not prevent the conspiracy in violation of 42 U.S.C. § 1986 (§ 1986 claim).⁴

This cause is currently before the court on a Motion for Summary Judgment filed by all of the defendants on March 7, 1996. They argue that Eldridge failed to offer sufficient evidence of a prima facie case of discrimination, conspiracy or retaliation; that they are entitled to qualified and absolute immunity for the § 1983 claims; and that not all defendants are employers within the meaning of Title VII. Eldridge responded to this Motion on April 16, 1996.

The court held an oral argument on the Motion for Summary Judgment on May 8, 1996. On May 24, 1996, over two months after the deadline for submitting evidentiary materials opposing a motion for summary judgment, Eldridge filed a Motion to Allow Filling (sic) of Additional Documents Obtained After Filing of Plaintiff's Response to Defendants (sic) Motion for Summary Judgment, which had 14 documents attached. Although the court strongly disapproves of the timing of this Motion, the court nonetheless has granted the Motion so that it may discuss these documents below. It is the court's wish that the plaintiff benefit from a complete analysis of this case. In addition, the court notes that these documents are part of the Department of Corrections file, and were thus known by the defendants before they were submitted to this court. The court has fully considered the evidence and legal arguments presented by all parties.

II. FACTUAL BACKGROUND

The court has carefully considered all documents submitted in support of and in opposition to the Motion for Summary Judgment. The submissions, viewed in the light most favorable to the non-movant, establish the following facts:⁵

The plaintiff, Eldridge, is an African American male who has been employed by the Department of Corrections for sixteen years as a correctional officer. In opposition to the Motion for Summary Judgment, Eldridge submitted yearly job performance evaluations for the yearly periods of 1984-1987, 1987-1988, 1989-1990, and 1991-1994. He received "exceeds standards" ratings on all of these evaluations. During his sixteen years of service, however, he also received several disciplinaries. Two of these disciplinaries formed the bases of two Charges of Discrimination which he filed with the Equal Employment Opportunity Commission (EEOC). In the first charge filed in 1993, he stated that Morris Thigpen suspended him for five days for "Failure to exercise courtesy and tact." Eldridge claimed that he was suspended because of his race in that a white correctional officer who repeatedly violated the same policy he was accused of violating had never been suspended. After receiving an unfavorable determination from the EEOC, Eldridge received a Right to Sue letter. In 1995, Eldridge filed a second Charge with the EEOC stating that he was terminated for "Failure to exercise courtesy and tact." He alleged that he was terminated in retaliation for filing the 1993 EEOC charge and because he is African American. Eldridge also made general allegations of discriminatory practices and patterns within the DOC.⁶ Eldridge has requested a Right to Sue letter, and has provided documentation to the court from the EEOC indicating that a letter is forthcoming.

III. SUMMARY JUDGMENT STANDARD

Rule 56(c) of the Federal Rules of Civil Procedure provides that summary judgment is appropriate where "there is no genuine issue as to any material fact and ... the moving party is entitled to judgment as a matter of law." The party seeking summary judgment bears the initial burden of demonstrating to the court the basis for his motion and identifying those portions of the pleadings and evidentiary submissions which he believes show an absence of any genuine issue of material fact. Hairston v. Gainesville Sun Publishing Co., 9 F.3d 913 (11th Cir.1993), reh'g denied, 16 F.3d 1233 (11th Cir.1994). In a case in which the ultimate burden of persuasion at trial rests on the nonmovant, the party seeking summary judgment can meet this standard either by submitting affirmative evidence negating an essential element of the nonmovant's claim, or by demonstrating that the nonmovant's evidence itself is insufficient to establish an essential element of his or her claim. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986).

The burden then shifts to the nonmovant to make a showing sufficient to establish the existence of an essential element to his claims, and on which he bears the burden of proof at trial. Id. To satisfy this burden, the nonmovant cannot rest on the pleadings, but must, by affidavit or other means, set forth specific facts showing that there is a genuine issue for trial. Fed.R.Civ.P. 56(e).

The court's function in deciding a motion for summary judgment is to determine whether there exist genuine, material issues of fact to be tried; and if not, whether the movant is entitled to judgment as a matter of law. See Dominick v. Dixie Nat'l Life Ins. Co., 809 F.2d 1559 (11th Cir.1987). It is the substantive law that identifies those facts which are material on motions for summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 258, 106 S.Ct. 2505, 2515, 91 L.Ed.2d 202 (1986); see also DeLong Equip. Co. v. Washington Mills Abrasive Co., 887 F.2d 1499 (11th Cir.1989), cert. denied, 494 U.S. 1081, 110 S.Ct. 1813, 108 L.Ed.2d 943 (1990).

When the court considers a notion for summary judgment, it must avoid weighing conflicting evidence, making credibility determinations, and deciding any material factual issues. Hairston, 9 F.3d at 919. All the evidence and inferences from the underlying facts must be viewed in the light most favorable to the nonmovant. Earley v. Champion Int'l Corp., 907 F.2d 1077, 1080 (11th Cir. 1990); see also Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). The movant bears "the exacting burden of demonstrating that there is no dispute as to any material fact in the case." Warrior Tombigbee Transp. Co. v. M/V Nan Fung, 695 F.2d 1294, 1296 (11th Cir.1983); see also Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 1608, 26 L.Ed.2d 142 (1970).

With these rules and principles of law in mind, the court will determine whether summary judgment is appropriate or whether there exist genuine issues of material fact that should properly proceed to trial for resolution.

IV. DISCUSSION

A. The Title VII Claims

The defendants raise three issues which concern the viability of Eldridge's Title VII claim in their Motion for Summary Judgment. First, they argue that they are not all liable as Eldridge's "employer." Next, they question whether Eldridge established a prima facie claim of race discrimination. Finally, they challenge the sufficiency of evidence in support of Eldridge's prima facie claim of retaliation.

1. Who is an Employer under Title VII

Although the defendants raised the issue that they are not all employers liable under Title VII, they did not address it in their brief. As such, the court interprets the issue to be whether any defendants may be held liable under Title VII, and in what capacity may they be held liable.

For many years, the Eleventh Circuit held that agents of an employer may not be sued in their individual capacities under Title VII. See Busby v. City of Orlando, 931 F.2d 764 (11th Cir.1991). In Cross v. Alabama, 1994 WL 424303 (11th Cir. Aug.30, 1994), however, the court appeared to hold that an employee who is deemed an agent of the employer under Title VII may be sued in his individual capacity. Shortly thereafter, the Eleventh Circuit clarified its position in an opinion in the same case, reaffirming Busby and concluding that individual capacity suits were inappropriate under Title VII. Cross v. Alabama, 49 F.3d 1490 (11th Cir.1995). Therefore, summary judgment as to Title VII claims against defendants Morrison, Thigpen, Herring, Jones, and White, in...