Henderson v. Corrections Corp. of America, 1:94-CV-163.

• Decision Date: 29 January 1996
• Docket Number: No. 1:94-CV-163.,1:94-CV-163.
• Parties: Jerome HENDERSON, Plaintiff, v. CORRECTIONS CORPORATION OF AMERICA, Timothy Baltz, and David Myers, Defendants.
• Court: U.S. District Court — Eastern District of Tennessee

918 F. Supp. 204

Jerome HENDERSON, Plaintiff, v. CORRECTIONS CORPORATION OF AMERICA, Timothy Baltz, and David Myers, Defendants.

No. 1:94-CV-163.

United States District Court, E.D. Tennessee, at Chattanooga.

January 29, 1996.

COPYRIGHT MATERIAL OMITTED

Jerome Henderson, Dayton, OH, pro se.

Christopher H. Steger, Miller & Martin, Chattanooga, TN, for CCA Silverdale.

MEMORANDUM

COLLIER, District Judge.

Before the Court is the Motion for Summary Judgment filed by Defendants Corrections Corporation of America ("CCA"), Timothy Baltz ("Baltz"), and David Myers ("Myers") (Court File No. 52). The Court's file indicates this case has proceeded slowly and is replete with judicial proddings, inter alia: an Order to sign pleadings filed without signature (Court File No. 36); an Order to compel responses to interrogatories (Court File No. 43); an Order to Show Cause why the case should not be dismissed (Court File No. 45); an Order to produce an audio tape (Court File No. 51); and an Order granting an extension of time through 10 November 1995 within which to file dispositive motions (Court File No. 55). In fact, Defendants filed their summary judgment motion before the Court granted an extension of time for the filing of dispositive motions. More than three months have now passed since the filing of Defendants' summary judgment motion, and more than two months have passed since the dispositive motion deadline. Plaintiff Jerome Henderson ("Henderson"), acting pro se, did not file a Response to Defendants' motion.¹ For the following reasons, the Court will GRANT Defendants' motion for summary judgment.

I. FACTS

The Court draws these facts from the Amended Complaint (Court File No. 10) and Defendants' Memorandum in support of summary judgment (Court File No. 53). The claims remaining from Henderson's amended complaint arise under 42 U.S.C. § 1981, Tenn.Code Ann. § 50-1-304, Executive Order 11246, the First, Thirteenth, and Fourteenth Amendments to the United States Constitution, and the "Fair Employment Law." Henderson's initial complaint included a claim under "Title VII disparate treatment," presumably, Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e, et seq., which does not appear in the amended complaint. For purposes of this Memorandum and its accompanying Order, the Court will consider the amended complaint to also include a claim under Title VII. See Black v. Parke, 4 F.3d 442, 448 (6th Cir.1993) (noting pro se complaints must be read liberally).

Henderson worked as a corrections officer at Silverdale Detention Center ("Silverdale"), an adult correctional facility operated by CCA, from 22 January 1991 until his termination on 22 September 1993. At the time of his termination, Henderson was a member of Local 107 of the United Plant Guard Workers of America ("UPGWA") and subject to a collective bargaining agreement ("Agreement") between CCA and UPGWA (See Court File No. 52, Ex. 1). Article 5 of the Agreement authorized CCA to establish terms and conditions of employment, including matters relating to discipline and discharge. These terms and conditions included the following:

Offenses where an employee may be discharged upon initial occurrence:

* * * * * *

11. Failure to refrain from engaging in behavior which could reflect negatively on CCA and/or the contracting agency. Employees shall conduct themselves in such a manner so as to avoid charges and/or convictions of law violations.

* * * * * *

13. Violation of any equal employment or harassment policy of the company.

14. Failure to maintain a work environment free from any harassment, including sexual harassment.

* * * * * *

20. Violation of company policy regarding disparaging remarks concerning the company.

* * * * * *

36. Violating company/facility/corporate policies/procedures.

See Court File No. 53, pp. 2-3. Additionally, CCA required employees to receive authorization before speaking with the media about CCA. Henderson signed a form acknowledging his receipt of these terms and conditions (See id. at p. 3).

Prior to August 1993, Henderson served as the public relations officer with the UPGWA. His duties involved the preparation and distribution of a periodic newsletter to union members. Henderson's last newsletter announced his resignation as public relations officer and discussed union business. However, Henderson included pictures of the heads of Baltz, warden at Silverdale, and Local 107 President Randy Safford ("Safford") affixed to the back ends of two donkeys. Beneath the picture of Baltz read: "This letter goes out to you and I also personally give to you the Jackass of the Year Award. You, Warden Baltz, are the creator of this whole immoral, racist atmosphere created at CCA that hangs heavy. You are a racist and vindictive person." Beneath the picture of Safford read: "So for your treachery, I'm personally giving you the Jackass of the Year Award. Quite frankly, you and the CCA are a wart on the nose of humanity" (Id. at p. 4). The newsletter also included four pages of pictures of women in bathing suits under the caption: "Beauty Review: For Your Eyes Only."²

Henderson also participated in an unauthorized interview on a local Chattanooga, Tennessee radio station during which he discussed CCA.³ During the interview, Henderson purportedly claimed Silverdale work crews routinely slip away to drink alcohol, use drugs, and have sex with their wives and girlfriends; he accused CCA of operating a poorly run facility where security is lax; and he commented that CCA guards are unarmed when they transport prisoners (See Court File No. 54).

Defendants contend Henderson intentionally and deliberately defamed CCA and put CCA in a negative light. Defendants point out Henderson admitted reading the rules of the Agreement before signing that he had reviewed them (See Court File No. 52, Ex. 2 at pp. 129-30). Defendants argue they terminated Henderson for his "blatant violations of CCA's policy requiring all employees to obtain authorization before discussing CCA with the media and its policy prohibiting employees from making disparaging remarks about CCA and other employees" (Court File No. 53, p. 5).

II. STANDARD OF REVIEW

Under Fed.R.Civ.P. 56(c), the Court will render summary judgment if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. The burden is on the moving party to conclusively show that no genuine issue of material fact exists, Lansing Dairy, Inc. v. Espy, 39 F.3d 1339, 1347 (6th Cir.1994); Kentucky Div., Horsemen's Benev. & Prot. Assoc., Inc. v. Turfway Park Racing Assoc., Inc., 20 F.3d 1406, 1411 (6th Cir.1994), and the Court must view the facts and all inferences drawn therefrom in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986); Oakland Gin Co., Inc. v. Marlow, 44 F.3d 426, 429 (6th Cir. 1995); City Management Corp. v. U.S. Chemical Co., Inc., 43 F.3d 244, 250 (6th Cir.1994). Once the moving party presents evidence sufficient to support a motion under Rule 56, the nonmoving party is not entitled to a trial merely on the basis of allegations. The nonmoving party may not rest on its pleadings, but must come forward with some significant probative evidence to support its claim. Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986); Lansing Dairy, 39 F.3d at 1347; Horsemen's Benev., 20 F.3d at 1411. If the nonmoving party fails to make a sufficient showing on an essential element of its case with respect to which it has the burden of proof, the moving party is entitled to summary judgment. Celotex, 477 U.S. at 323, 106 S.Ct. at 2552.

The Court determines whether sufficient evidence has been presented to make the issue of fact a proper jury question, but does not weigh the evidence, judge the credibility of witnesses, or determine the truth of the matter. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, (1986); 60 Ivy Street Corp. v. Alexander, 822 F.2d 1432, 1435-36 (6th Cir.1987). The standard for summary judgment mirrors the standard for directed verdict. The Court must decide "whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law." Anderson, 477 U.S. at 251-52, 106 S.Ct. at 2511-12. There must be some probative evidence from which the jury could reasonably find for the nonmoving party. If the Court concludes that a fair-minded jury could not return a verdict in favor of the nonmoving party based on the evidence presented, it may enter a summary judgment. Id.; Lansing Dairy, 39 F.3d at 1347; Horsemen's Benev., 20 F.3d at 1411.

III. ANALYSIS

A. First, Thirteenth, and Fourteenth Amendments

Henderson's claims brought under the First, Thirteenth, and Fourteenth Amendments fail. A plaintiff must allege a cause of action under 42 U.S.C. § 1983 in order to bring a claim of a constitutional violation of the First or Fourteenth Amendments. See Azul-Pacifico, Inc. v. City of Los Angeles, 973 F.2d 704, 705 (9th Cir.1992) (stating a "plaintiff has no cause of action directly under the United States Constitution.... A litigant complaining of a violation of a constitutional right must utilize 42 U.S.C. § 1983."), citing Thomas v. Shipka, 818 F.2d 496, 499 (6th Cir.1987) (noting that "where a plaintiff states a constitutional claim under 42 U.S.C. § 1983, that statute is the exclusive remedy for the alleged constitutional violation"); see also Valerio v. Dahlberg, 716 F.Supp. 1031, 1036 (S.D.Ohio 1988) (dismissing a Fourteenth Amendment claim). Here, though, Henderson did not allege a violation arising under 42 U.S.C. § 1983. Accordingly, Henderson does not have an independent cause of action arising under the First and Fourteenth Amendments, and these claims will be DISMISSED.

Similarly, the ...