Felix v. City and County of Denver

• Decision Date: 28 July 2010
• Docket Number: Civil Action No. 08-cv-02228-MSK-KMT
• Citation: 729 F.Supp.2d 1243
• Parties: Michelle FELIX, Plaintiff, v. CITY AND COUNTY OF DENVER, Defendant.
• Court: U.S. District Court — District of Colorado

729 F.Supp.2d 1243

Michelle FELIX, Plaintiff,

v.CITY AND COUNTY OF DENVER, Defendant.

Civil Action No. 08-cv-02228-MSK-KMT.

United States District Court, D. Colorado.

July 28, 2010.

Michelle Felix, Denver, CO, pro se.

Robert A. Wolf, Denver City Attorney's Office, Denver, CO, for Defendant.

OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

MARCIA S. KRIEGER, District Judge.

THIS MATTER comes before the Court on a number of motions. These are: the pro se Plaintiff's "Motion to Alter Judgment" (# 102), which the Court construes as Objections under Fed.R.Civ.P. 72(a) to a portion of an oral order entered by the Magistrate Judge (# 100) on November 5, 2009 compelling Ms. Felix to respond to certain interrogatories, the Defendant's response (# 107), and Ms. Felix's reply (# 109); Ms. Felix's "Second Motion to Alter Judgment" (# 104, as supplemented # 105), which the Court construes as Objections under Rule 72(a) to the Magistrate Judge's November 13, 2009 Order (# 101) denying Ms. Felix's Motion to Compel (# 78), the Defendant's response (# 107), and Ms. Felix's reply (# 109); Ms. Felix's "Motion to Amend Judgment" (# 106), which the Court construes as Objections under Rule 72(a) to the Magistrate Judge's September 29, 2009 Order (# 82) denying Ms. Felix's request to take certain depositions (# 63), the Defendant's response (# 107), and Ms. Felix's reply (# 109); the Defendant's Motion for Summary Judgment (# 140), Ms. Felix's response (# 144, as supplemented # 148, # 159), and the Defendant's reply (# 157); Ms. Felix's Motion for Summary Judgment ¹(# 146,as supplemented # 160), the Defendant's response (# 161), and Ms. Felix's reply (# 172); and Ms. Felix's Motion for Leave to Amend the Complaint ²(# 171), and the Defendant's response (# 186).³

FACTS

In determining the facts, the Court construes all showings most favorably to the nonmovant. Following this brief summary, the Court discuss the facts in greater detail as appropriate throughout its analysis.

Ms. Felix, who is black and of Haitian national origin, was employed by the Defendant as a Social Caseworker. On September 26, 2006, she filed a complaint of race discrimination with the Career Service Authority, alleging that she had been denied an opportunity to transfer to another work unit although white co-workers had been permitted to do so. The Career Service Authority conducted a hearing in December 2006, and on January 29, 2007, the Hearing Officer issued a determination finding that there had been no discrimination against Ms. Felix.

According to the current operative pleading in this action,⁴ the Second Amended Complaint (# 16), Ms. Felix asserts seven claims regarding matters arising after the Hearing Officer's determination. Specifically, she contends that: (I) she was retaliated against for filing the complaint, in that she received negative comments in a performance evaluation in April 2007, a unjustified written warning in June 2007, and was harassed by her supervisors in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq.; (ii) she was discriminated against on the basis of her race and disability and retaliated against her for filing a second complaint of discrimination in June 2007,in that her doctors requested that the Defendant make certain reasonable accommodations of Ms. Felix's disabilities, and the Defendant refused to do so, in violation of Title VII and the Americans With Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq.; (iii) a claim of somewhat uncertain provenance, in that the Defendant "caused [Ms. Felix] emotional and mental harm ... when they discharged her from her employment" and "violated [her] 14th Amendment rights to the enjoyment of life, means of acquiring property and pursuing happiness," because Ms. Felix "was embarrassed in front of her peers" and "has been unable to find suitable employment because all prospective employers suspect that she may have a medical condition ... on account of the fact that she received a medical discharge from the Defendant"; (iv) another claim somewhat similar to that described in (iii) above, in that the Defendant "violated [her] 14th Amendment rights" because "the Defendant ... refuse[s] to acknowledge their employees' disabilities so they won't have to accommodate them"; (v) the Defendant violated 42 U.S.C. § 1981 and § 1983 by failing to follow "established Career Service Rules," including rules limiting the ability of the Defendant to terminate employees for medical reasons, rules prohibiting discrimination on the basis of disability, rules requiring reasonable accommodation of disabled employees, and rules requiring investigation into complaints of harassment; (vi) a claim, apparently asserted pursuant to 42 U.S.C. § 1983, in that the Defendant retaliated against Ms. Felix for her exercise of her First Amendment rights, insofar as she had reported to the Head of Denver's Human Services" that her supervisors' decisions "were putting [her] clients' lives at risk," and the Defendant thereafter retaliated against her in the manner described above; and (vii) what appears to be a claim under 42 U.S.C. § 1983 that the Defendant violated her Substantive and Procedural Due Process rights under the 14th Amendment by failing to adequately investigate and correctly adjudicate her complaints to the Career Service Authority.

ANALYSIS

Although Ms. Felix has outstanding objections to certain discovery rulings, for efficiency purposes, the Court will address the summary judgment motions (mindful of the discovery rulings being challenged), then turn to the discovery issues to determine the extent to which those issues remain relevant.

B. Summary judgment motions

1. Standard of review

Rule 56 of the Federal Rules of Civil Procedure facilitates the entry of a judgment only if no trial is necessary. See White v. York Intern. Corp., 45 F.3d 357, 360 (10th Cir.1995). Summary adjudication is authorized when there is no genuine dispute as to any material fact and a party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). Substantive law governs what facts are material and what issues must be determined. It also specifies the elements that must be proved for a given claim or defense, sets the standard of proof and identifies the party with the burden of proof. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Kaiser-Francis Oil Co. v. Producer's Gas Co., 870 F.2d 563, 565 (10th Cir.1989). A factual dispute is "genuine" and summary judgment is precluded if the evidence presented in support of and opposition to the motion is so contradictory that, if presented at trial, a judgment could enter for either party. See Anderson, 477 U.S. at 248, 106 S.Ct. 2505. When considering a summary judgment motion, a court views all evidence inthe light most favorable to the non-moving party, thereby favoring the right to a trial. See Garrett v. Hewlett-Packard Co., 305 F.3d 1210, 1213 (10th Cir.2002).

If the movant has the burden of proof on a claim or defense, the movant must establish every element of its claim or defense by sufficient, competent evidence. See Fed.R.Civ.P. 56(e). Once the moving party has met its burden, to avoid summary judgment a responding party must present sufficient, competent, contradictory evidence to establish a genuine factual dispute. See Bacchus Indus., Inc. v. Arvin Indus., Inc., 939 F.2d 887, 891 (10th Cir.1991); Perry v. Woodward, 199 F.3d 1126, 1131 (10th Cir.1999). If there is a genuine dispute as to a material fact, a trial is required. If there is no genuine dispute as to any material fact, no trial is required. The court then applies the law to the undisputed facts and enters judgment.

If the moving party does not have the burden of proof at trial, it may point to an absence of sufficient evidence to establish the claim or defense that the non-movant is obligated to prove. If the respondent comes forward with sufficient competent evidence to establish a prima facie claim or defense, a trial is required. If the respondent fails to produce sufficient competent evidence to establish its claim or defense, the claim or defense must be dismissed as a matter of law. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

This case involves cross-motions for summary judgment. "Because the determination of whether there is a genuine dispute as to a material factual issue turns upon who has the burden of proof, the standard of proof and whether adequate evidence has been submitted to support a prima facie case or to establish a genuine dispute as to material fact, cross motions must be evaluated independently." In re Ribozyme Pharmaceuticals, Inc., Securities Litig., 209 F.Supp.2d 1106, 1112 (D.Colo.2002); see also Atlantic Richfield Co. v. Farm Credit Bank of Wichita, 226 F.3d 1138, 1148 (10th Cir.2000); Buell Cabinet Co. v. Sudduth, 608 F.2d 431, 433 (10th Cir.1979) ("Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.").

2. Defendant's Motion

The Court turns first to the Defendant's motion for summary judgment. The Defendant seeks summary judgment in its favor on each of Ms. Felix's claims.

a. Retaliation claims

The Defendant contends that Ms. Felix's first claim-that she was retaliated against after she filed a complaint with the Career Service Authority-is unavailing for several reasons.

First, the Defendant contends that Ms. Felix did not commence this action within 90 days of her receipt of a Right to Sue Letter from the Equal Employment Opportunity Commission ("EEOC") regarding a retaliation claim cognizable under Title VII. 42 U.S.C. § 2000e-5 describes a mandatory procedure by which employees must exhaust claims of discrimination through the EEOC before filing suit. Section 2000e-5(e)(1) requires that a Charge of Discrimination be filed within 180 days of the date of the unlawful employment...