Hartnagel v. Norman, No. 91-1859

• Court: United States Courts of Appeals. United States Court of Appeals (8th Circuit)
• Writing for the Court: Before LAY, Chief Judge, ARNOLD; STUART; McLaughlin
• Citation: 953 F.2d 394
• Parties: 57 Fair Empl.Prac.Cas. (BNA) 1220, 58 Empl. Prac. Dec. P 41,269 Patricia HARTNAGEL, Jane Hartnagel, Darylsann Blair, Karel Fagan, Lynn Fitzpatrick, and Penny Bradford, Appellants, v. Paul NORMAN, Lori Shafer, Sandra Myron, John Agrimson, Hennepin County, Sheriff Don Omodt, and Rick G. Werenicz, Appellees.
• Decision Date: 08 January 1992
• Docket Number: No. 91-1859

Page 394

953 F.2d 394 57 Fair Empl.Prac.Cas. (BNA) 1220,
58 Empl. Prac. Dec. P 41,269 Patricia HARTNAGEL, Jane Hartnagel, Darylsann Blair, Karel
Fagan, Lynn Fitzpatrick, and Penny Bradford, Appellants,
v.
Paul NORMAN, Lori Shafer, Sandra Myron, John Agrimson,
Hennepin County, Sheriff Don Omodt, and Rick G.
Werenicz, Appellees. No. 91-1859. United States Court of Appeals,
Eighth Circuit. Submitted Nov. 15, 1991.
Decided Jan. 8, 1992.

Page 395

Barry G. Reed, Minneapolis, Minn., for appellants.

Janeen E. Rosas, Minneapolis, Minn., for appellees.

Before LAY, Chief Judge, ARNOLD, Circuit Judge, and STUART ^*, Senior District Judge.

STUART, Senior District Judge.

Six employees of the Hennepin County Alcohol Receiving Center (Detox) brought this action against the Center's director, three supervisory employees, two Sheriff's Department Officers and Hennepin County. During 1988 some of the supervisory personnel at Detox had been subjected to many threats of violence, obscene letters and phone calls, minor vandalism, and the intrusion of unknown persons into their private offices. The sheriff's office was called upon to conduct an investigation. According to the plaintiff-appellants, "[i]t is the approach taken by the defendants to this investigation, in focusing exclusively upon persons of known homosexual or bisexual affectional preference, persons of color, and persons associated with persons of color that prompted this action."

Defendants' motion for summary judgment was granted by Judge MacLaughlin ¹ on the ground that "there is no issue of material fact concerning whether any of the plaintiffs were victims of unlawful discrimination." Plaintiffs appealed from that ruling. We affirm.

Summary judgment is appropriate where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See Fed.R.Civ.Proc. 56(c). An issue of material fact is genuine if it has a real basis in the record. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). A genuine issue of fact is material if it "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, 2510, 91 L.Ed.2d 202 (1986).

Procedurally, the movant has the initial responsibility of informing the district court of the basis for its motion and identifying those portions of the record which show a lack of a genuine issue. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552-54, 91 L.Ed.2d 265 (1986). The movant is not required by the rules to support its motion with affidavits or other similar materials negating the opponent's claim. Id.

"When the moving party has carried its burden under Rule 56(c), its opponent must do more than simply show there is some metaphysical doubt as to the material facts." Matsushita, 475 U.S. at 586, 106

Page 396

S.Ct. at 1356. "Where the record as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no 'genuine issue for trial.' " Id. at 587, 106 S.Ct. at 1356. "[T]he plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex, 477 U.S. at 322, 106 S.Ct. at 2552.

In ruling on a motion for summary judgment, the court must bear in mind the actual quantum and quality of proof necessary to support liability under the applicable law. Anderson, 477 U.S. at 254, 106 S.Ct. at 2513. The court must assess the adequacy of the nonmovants' response and whether that showing, on admissible evidence, would be sufficient to carry the burden of proof at trial. See Celotex, 477 U.S. at 322, 106 S.Ct. at 2552; S. Childress, A New Era for Summary Judgments: Recent Shifts at the Supreme Court, 116 F.R.D. 183, 188 (1987). As stated in Celotex, summary judgment procedure "is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of the Federal Rules as a whole, which are designed to secure the just, speedy and inexpensive determination of every action." Id. at 327, 106 S.Ct. at 2555.

As there is no claim that the management personnel at Detox were not victims of the type of conduct referred to above, we will turn our attention to the investigation that is the center of plaintiffs' complaint. The evidence will be viewed in the light most favorable to the plaintiffs.

After the Security Planner Officer for Property Management was informed of the situation, she contacted the sheriff's office. Defendant Werenicz, a sheriff's detective, was assigned to investigate. Werenicz first interviewed Paul Norman the Program Manager at Detox who is black. In response to Werenicz's questions, Norman listed members of the staff he felt...