Hawkins v. Trustees of Indiana University

• Decision Date: 03 November 1999
• Docket Number: No. IP 97-1776-C-M/S.,IP 97-1776-C-M/S.
• Parties: Danny J. HAWKINS, Plaintiff, v. The TRUSTEES OF INDIANA UNIVERSITY, Defendant.
• Court: U.S. District Court — Southern District of Indiana

83 F.Supp.2d 987

Danny J. HAWKINS, Plaintiff, v. The TRUSTEES OF INDIANA UNIVERSITY, Defendant.

No. IP 97-1776-C-M/S.

United States District Court, S.D. Indiana, Indianapolis Division.

November 3, 1999.

Michael K. Sutherlin, Sutherlin & Betz, Indianapolis, IN, for Plaintiff.

Robert P. Johnstone, Barnes & Thornburg, Indianapolis, IN, for Defendants.

ORDER ON MOTION FOR SUMMARY JUDGMENT

McKINNEY, District Judge.

Defendants, The Trustees of Indiana University ("IU Trustees"), seek summary judgment on the claims against them brought by former employee Danny J. Hawkins ("Hawkins") under the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12112(a) (prohibiting discrimination against a qualified individual with a disability because of that disability), and under state contract law. Hawkins alleges that he was terminated from his position at Indiana University ("IU") because he was disabled, he had a record of being disabled and he was regarded as having a disability. See 42 U.S.C. § 12012(2). The IU Trustees assert that Hawkins was terminated because he purposefully punched another employee. For the reasons explained below, the Court GRANTS the defendants' motion for summary judgment on the ADA claim and DISMISSES without prejudice the plaintiff's claim under state contract law.

I. FACTUAL & PROCEDURAL BACKGROUND

IU's campus in Bloomington, Indiana has a physical plant that employs workers in various trades who maintain and repair the various buildings on its campus. Hewetson Dep. at 21-22. The physical plant is comprised of several divisions including building maintenance and building services. Id. at 22. Employees in building maintenance repair and renovate buildings and are divided by craft. Id. at 24. Building services is the custodial branch. Id. Hank Hewetson ("Hewetson"), Associate Director of physical plant, manages both of these divisions. Id. at 22.

The plaintiff, Danny Hawkins, began working for IU as a custodian in 1990. Hawkins Dep. Vol. I at 30. In 1992 Hawkins started a four year apprentice program to become a journeyman electrician at IU's physical plant. Id. at 33. Hawkins completed the training program in due course and became a journeyman electrician in 1997. Wetzel Dep. at 11.

Foreman Robert Wetzel ("Wetzel") acted as Hawkins' supervisor during his employment as both an apprentice and journeyman electrician. Wetzel Dep. at 10-11, 20. Although IU does not have a formal evaluation process, Hewetson Dep. at 45-46, Wetzel considered Hawkins a competent worker who discharged his responsibilities as an electrician. Wetzel Dep. at 11-12. Some of Mr. Hawkins' coworkers complained to Wetzel about Hawkins' "on-the-job attitude." Id. at 12. Specifically, Wetzel received a complaint about Hawkins taking it wrong when a coworker yelled at Hawkins from a position in the attic of a building, or up high in a building when Hawkins was below. Id. Wetzel also received a complaint from a Hawkins' coworker that Hawkins yelled at the coworker for carrying tools incorrectly. Id. at 13. Neither Wetzel's manager, Robert Breeden ("Breeden"), Manager of Building Maintenance, nor Breeden's manager, Hewetson, had complaints about Hawkins' work performance. Breeden Dep. at 100; Hewetson Dep. at 108. Breeden did state that Hawkins needed help controlling his temper. Breeden Dep. at 90-91.

Hawkins considered himself an excellent employee who was hard working, effective and competent. Hawkins Dep. Vol. I at 128-29. Jim Voliva ("Voliva"), a coworker of Hawkins', described Hawkins as an asset to IU and someone he could trust on the job. Voliva Dep. at 132. In addition to his regular job responsibilities, Hawkins served as his department's union steward and appeared at grievance hearings. Breeden Dep. at 57; Hawkins Dep. Vol. I at 54, Vol. II at 57-59; Voliva Dep. at 5-6, 92-93.

On May 15, 1997, the incident giving rise to this lawsuit occurred. Hewetson Dep. at 60-61; Hawkins Dep. Vol. I at 80; Voliva Dep. at 69. Hawkins was standing at a table where employees in the physical plant filled out time cards when Voliva poked Hawkins in the ribs. Hawkins Dep. Vol. I at 81. Apparently, this was some sort of greeting. Breeden Dep. at 44; Hewetson Dep. at 63; Voliva Dep. at 78. Hawkins responded verbally to Voliva. Hawkins Dep. Vol. I at 81. Voliva then hit or tapped Hawkins on the back of the head. Id.; Voliva Dep. at 77, 79. More words were exchanged between the two, Hawkins Dep. Vol. I at 81-82, and then Hawkins punched Voliva in the face. Id. at 82; Voliva Dep. at 81-83. Voliva received a bloody nose. Hawkins Dep. Vol. I at 80-83; Voliva Dep. at 91; Wetzel Dep. at 35-36. Even more words were exchanged between the two. Hawkins Dep. Vol. I at 82; Voliva Dep. at 84; Wetzel Dep. at 35-37. Wetzel intervened and asked the two men to accompany him to Breeden's office. Hawkins Dep. Vol. I at 82; Voliva Dep. at 88-89; Wetzel Dep. at 37-38.

Once Wetzel, Hawkins and Voliva were in Breeden's office, Breeden asked the men what happened. Breeden Dep. at 35-37. Voliva related that he had tapped Hawkins on the back of the head as he walked by Hawkins and then Hawkins punched him. Breeden Dep. at 43-44; Hawkins Dep. Vol. I at 83. Hawkins related that he threw the punch as a reflex action to being hit on the head by an unknown person. Breeden Dep. at 44-45; Wetzel Dep. at 40. The parties dispute whether Breeden commented that he could fire the two men for their actions. Breeden Dep. at 49-50; Hawkins Dep. Vol. I at 84-85; Voliva Dep. at 104. Hawkins believed that Breeden told the men that a written reprimand would be the only punishment each would receive. Hawkins Dep. Vol. I at 84-85, 88-89; Voliva Dep. at 104; Wetzel Dep. at 43. Breeden testified that he told Hawkins and Voliva that a written reprimand would be the least punishment they would receive, but he would delay his decision on the correct discipline until he had further investigated the facts. Breeden Dep. at 49-50. Regardless of what punishment the men thought they would receive, both Hawkins and Voliva were to return the next day in order to find out what Breeden had decided. Breeden Dep. at 49-50; Hawkins Dep. Vol. I at 85; Wetzel Dep. at 43-44. After their meeting with Breeden, Voliva returned to work. Wetzel Dep. at 43-44. Hawkins stopped at the Indiana University Office of Affirmative Action to file a discrimination claim before he went home. Hawkins Dep. Vol. I at 93-94; Hawkins Dep. Vol. II at 166-68; Defs.' Ex. 32.

Hawkins called in sick the day after the incident. Hawkins Dep. Vol. I at 85. He then took a scheduled two week vacation. Id. The day following the incident and during the time Hawkins was on vacation, Breeden investigated the fight between Hawkins and Voliva by talking with eye witnesses. Breeden Dep. at 67-73. At the end of the investigation, Breeden and Hewetson decided that Hawkins should be suspended for five days pending termination because he purposefully punched Voliva. Hewetson Dep. at 65-57. Both men felt that purposeful physical violence violated IU's policies. Breeden Dep. at 15-16; Hewetson Dep. at 49, 84. Voliva was given a written warning for inappropriate horseplay. Breeden Dep. at 79-82.

On the day he was to return from vacation, Hawkins called in sick again. Id. When Hawkins returned to work, more than two weeks after the incident, he was informed that he would be suspended for five days pending termination. Breeden Dep. at 88. At the end of the five days suspension, Hawkins was to appear again with information that might change the minds of management as to its decision to terminate Hawkins. Breeden Dep. at 88-89; Hawkins Dep. Vol. I at 86, 88. Hawkins did not appear because he did not have any other information to offer. Hawkins Dep. Vol. I at 86-87. Hawkins was terminated on June 9, 1997. Defs.' Ex. 41.

IU has a discipline policy that calls for progressively more serious discipline for each successive infraction. Breeden Dep. at 15; Hewetson Dep. at 53; Wetzel Dep. at 21. The discipline policy is spelled out in a staff handbook distributed by IU to each employee. Pl.'s Ex. 14. IU managers, however, have discretion to skip steps if they feel it is justified under the circumstances. Breeden Dep. at 15-16; Hewetson Dep. at 49-54. The handbook specifically gives managers discretion to skip steps if the problem is serious. Pl.'s Ex. 14.

Hawkins was diagnosed with depression as early as 1989. Hawkins Dep. Vol. I at 230; Pl.'s Ex. 17. He takes Prozac to treat his symptoms of depression. Hawkins Dep. Vol. I at 230; Pl.'s Ex. 17. Hawkins disclosed this fact on his application for employment at IU in 1990. Hawkins Dep. at 154. Hawkins' family physician, Dr. James A. Ray ("Dr.Ray"), currently prescribes Prozac for Hawkins. Hawkins Dep. Vol. I at 124; Ray Dep. at 7, 11. Dr. Ray diagnosed Hawkins with depression using four pieces of information: 1) history given to him by Hawkins; 2) the fact that Hawkins had been taking Prozac; 3) that he had made referrals to psychiatrists for Hawkins in 1993; and 4) Hawkins' report that he had consulted with at least three different psychiatrists before Dr. Ray saw him. Ray Dep. at 17-19. Dr. Ray has never performed a psychiatric evaluation on Hawkins for depression. Id. at 18. Dr. Ray's records indicate, however, that Hawkins followed up on a psychiatric referral in January 1994. Id. at 20. Dr. Ray had no record of Hawkins' complaints about having trouble at work, having trouble with interpersonal relationships, or having trouble sleeping. Id. at 22, 26. Hawkins did not ask Dr. Ray any questions during Dr. Ray's deposition. Ray Dep. at 29.

Hawkins filed a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") on July 21, 1997, and he received notice that his charge was dismissed on August 2, 1997, along with a right to sue letter. This action was filed, accompanied by a state law breach of contract and promissory estoppel claim on October 31, 1997, just within the...