January v. City of Huntsville

• Decision Date: 24 June 2022
• Docket Number: CIVIL ACTION NO. H-21-303
• Citation: 608 F.Supp.3d 488
• Parties: Jason JANUARY, Plaintiff, v. CITY OF HUNTSVILLE, Defendant.
• Court: U.S. District Court — Southern District of Texas

608 F.Supp.3d 488

Jason JANUARY, Plaintiff,

v.CITY OF HUNTSVILLE, Defendant.

CIVIL ACTION NO. H-21-303

United States District Court, S.D. Texas, Houston Division.

Signed June 24, 2022

David C. Holmes, Law Offices of David C. Holmes, Houston, TX, for Plaintiff.

William Scott Helfand, Sean Benjamin O'Neal Braun, Lewis Brisbois Bisgaard Smith LLP, Houston, TX, for Defendant.

MEMORANDUM AND OPINION

Lee H. Rosenthal, Chief United States District Judge

Jason January worked as a full-time firefighter for the City of Huntsville for nearly two decades. Beginning in 2015, he had gastrointestinal issues that required him to heavily medicate during flare ups. January and the City arranged that depending on when then flare ups occurred, he would leave work early or call in sick.

In 2016, January was placed on a year probation when an investigation revealed that he had solicited prescription medication from another firefighter. In December 2017, January submitted a letter of resignation because he planned to take a position with another city. January later changed his mind and attempted to rescind his resignation. Although the City of Huntsville permitted January to rescind his resignation, the City did not promote him to officer positions that came open in 2018. January had served as a training officer and that position was revoked. January met with City Manager Aron Kulhavy and Human Resources Coordinator Marla Diers in November 2018 to notify them that he thought these actions were discriminatory.

In March 2019, January went to City Hall to make copies of paperwork to file a U.S. Equal Employment Opportunity Commission charge. City employees working at City Hall that day reported that January appeared to be under the influence of some intoxicant and looked and sounded and "groggy." Then City Secretary, Brenda Poe, reported that January intimidated her and blocked her exit from the copy room. The City investigated the reports of January's behavior and fired him in April 2019.

January sued the City, alleging retaliation under the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Rehabilitation Act, and for disability discrimination and failure to accommodate under the Americans with Disabilities Act and the Rehabilitation Act.¹ After unsuccessful mediation attempts, the City moved for summary judgment. (Docket Entry No. 27). January responded, and the City replied. (Docket Entry Nos. 30, 35).

Based on the motion, response, and reply; and the applicable law, the court grants the motion for summary judgment. The reasons are explained below.

I. Background

The Huntsville Fire Department employed Jason January as a full-time firefighter from January 2000 to April 2019. (Docket Entry No. 27-3; Docket Entry No. 30 at 8). The job duties included fire suppression, rescue, EMS work, ventilation, forcible entry, salvage, overhaul, and fire prevention education. (Docket Entry No. 27-4). From at least 2009 to April 2018, January also served as the Department's training officer. He was paid a $100.00 monthly stipend for this work beginning in October 2015. (Docket Entry No. 27 at 9; Docket Entry No. 27-3; Docket Entry No. 30-1 at 34).

In June 2015, January had a cholecystectomy—a gallbladder removal surgery—and was hospitalized for nine days due to medical complications. (Docket Entry No. 27 at 10; Docket Entry No. 27-5 at 9–10; Docket Entry No. 30 at 8). After that, January continued to have gastrointestinal problems

. No doctor has officially diagnosed January with a medical condition that would cause his symptoms. (Docket Entry No. 27-5 at 11–12; Docket Entry No. 30 at 8).

January returned to work following the surgery and hospitalization. (Docket Entry No. 27-5 at 10). January and Fire Chief Grisham agreed that when he experienced gastrointestinal flare ups and took narcotic pain medication or muscle relaxants, he could call in sick or leave work early. (Docket Entry No. 27-6 at 3; Docket Entry No. 30 at 8; Docket Entry No. 30-1 at 109–10).

January's flare ups continued. He testified in his deposition that in early 2016, the police chief and director of public safety, Kevin Lunsford, ordered him to take a fit-for-duty exam. (Docket Entry No. 27-5 at 13–14). In February 2016, the doctor's report of the exam sent to the City stated:

January was seen for a return to work and a fit for duty exam today. He ... has had intermittent medical ailments requiring him to miss work over the last 8 or so months. ... I have evaluated him via history, physical, lift test and review of pertinent available records from the hospital and others (some have been requested and are still pending).

At this time Mr. January is cleared to work regular duty.... He has been asked to and has agreed to take medication appropriately, including no sedating meds while at work.

It is not totally clear the extent of his ailments or the chance of them recurring to the point that he would be unable to perform his usual duties at work. Such circumstances will have to be tended to by himself, his employer and his attending physicians if the need arises.

(Docket Entry No. 27-8). Despite the doctor's conclusion that January was cleared to work regular duty and to avoid any sedating medicines at work, January described in a declaration that he still has "constant pain," is nauseated three times per week, is sick for multiple days, and often has trouble sleeping. He stated:

I have constant pain that sometimes becomes so intense that I have no choice but to take pain medication. At times, I have difficulty eating because I am nauseous and in pain. I deal with this through a highly restricted diet, but even then I become nauseated around three times per week. At times, I become sick for multiple days, experiencing nausea, diarrhea, severe fatigue, and incontinence. Likewise, it is often difficult for me to sleep because of the pain and nausea. This happens as much as half of the time. Even with these limitations, most of the time I was still able to work as a training officer or firefighter. But when my condition flared up, I was unable to work. I would take time off and take pain killers and muscle relaxants. The condition also affects my intestines and sometimes makes it difficult to urinate and defecate. In addition, it sometimes causes my blood sugar to drop. I am told that this is "late dumping syndrome

," which means that my first meal after a period of illness can cause a drop in blood sugar.

(Docket Entry No. 30-1 at 109–10).

Shortly after the February 2016 fit-for-duty exam and report, Police Chief Lunsford sent a memorandum to January advising that the Chief had become aware of possible misconduct involving prescription medication. Police Chief Lunsford explained that,

[d]uring the week of February 8 - 12, 2016 I learned of information regarding your conduct, which if true constitutes misconduct in connection with your work as a Firefighter for the City of Huntsville Fire Department. This memorandum shall serve as a written internal or administrative complaint against you, Jason January, for the allegations generally described below:

You are alleged to have made at least two improper requests for prescription medication (pain killers) from a fellow employee. One such interaction allegedly occurred in a face-to-face meeting with John Waldo. The other interaction allegedly occurred via electronic communication with Mr. Waldo. At least part of the electronic communication reads something to the effect of "Don't forget. If you are throwing away those meds I am low and hurting all to hell" .... I have grave concerns that you were attempting to inappropriately gain prescription pain medications from a fellow employee. Based on all the information above, I feel it imperative that I determine if you indeed actively sought medication not prescribed to you and/or if you have some sort of drug dependency that would hinder your job performance as a Firefighter.

...

An internal investigation into this matter has been ordered to determine whether any evidence of wrongdoing supports the allegations of misconduct.

....

Effectively immediately, you will be on Administrative Leave with pay, pending the outcome of this internal investigation....

(Docket Entry No. 27-10 at 3–7).

During the investigation and paid leave, January sent a memorandum to a police lieutenant, discussing the allegations. January admitted to asking a fellow employee for his leftover pain prescription medication, stating:

Recently, I had a conversation with EMC Waldo in which we both were discussing our ailments. ... I remember the conversation where he explained he did not take his medicine that he had for pain. ... I am not certain what exactly I said, but I did tell him if he was not going to use them I am in a lot of pain all the time....

On a separate date, I sent him a text message where I told him "Don't forget.

If you are throwing away those meds I am low and hurting all to hell"....

Both conversations were a poor choice and I should not have discussed that with EMC Waldo.

(Id. at 17).

Police Chief Lunsford completed the investigation in March 2016. He concluded that "Firefighter January attempted to have Firefighter Waldo distribute drugs to Firefighter January which had been prescribed to him." (Id. at 1). Police Chief Lunsford concluded that January's actions violated a City policy, which prohibits illegal distribution of drugs. (Id. ). Police Chief Lunsford also concluded that a firefighter who "illicitly conspire[s] to obtain a prescribed, narcotic drug belonging to another has the potential be very damaging to the City's reputation." (Id. ). Under another City policy, such a finding permitted disciplinary action up to and including termination. (Id. at 1–2).

The City took the following corrective measures against January:

(1) 24 hours suspension without pay;

(2) One year disciplinary probation;

(3) The City reserves the right to conduct random drug testing at any time;

(4) The City reserves the right

...