Johnson v. North Carolina Dept. of Health

• Citation: 454 F.Supp.2d 467
• Decision Date: 29 September 2006
• Docket Number: No. 1:05CV00480.,1:05CV00480.
• Court: U.S. District Court — Middle District of North Carolina
• Parties: Lisa E. JOHNSON, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES ("DHHS"); County of Forsyth; Forsyth County Department of Social Services ("FCDSS"); Linda Cole, in her official and unofficial capacity; Tanya McDougal, in her official and unofficial capacity, Defendants.

Page 467

454 F.Supp.2d 467

Lisa E. JOHNSON, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES ("DHHS"); County of Forsyth; Forsyth County Department of Social Services ("FCDSS"); Linda Cole, in her official and unofficial capacity; Tanya McDougal, in her official and unofficial capacity, Defendants.

No. 1:05CV00480.

United States District Court, M.D. North Carolina.

September 29, 2006.

Angela Newell Gray, Gray Newell, LLP, Winston-Salem, NC, for Plaintiff.

James R. Morgan, Jr., Bradley Owen Wood, Mary Craven, Womble Carlyle Sandridge & Rice, PLLC, Winston-Salem, NC, for Defendants.

MEMORANDUM OPINION

TILLEY, District Judge.

This matter is now before the Court on Defendants' Motion to Dismiss pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure [Doc. # 23] and Defendants' Motion for Summary. Judgment [Doc. # 26]. For the reasons set forth below, Defendants' Motion to Dismiss Ms. Johnson's ADA claims for lack of subject matter jurisdiction [Doc. # 23] is DENIED; Defendants' Motion to Dismiss Ms. Johnson's Title VII claims for failure to state a claim [Doc. # 23] is GRANTED¹ Defendants' Motion to Dismiss Forsyth County as a party [Doc. # 23] is DENIED AS MOOT; and Defendants' Motion for Summary Judgment on Ms. Johnson's ADA claims [Doc. # 26] is GRANTED. All state law claims are DISMISSED because the Court declines to exercise supplemental jurisdiction.

I.

The facts in the light most favorable to Ms. Johnson are as follows. Ms. Johnson was diagnosed with bipolar disorder in 1999. (Johnson Depo. at 106.) At all times relevant to the matters in this case, Ms. Johnson worked as a Social Worker III with the Forsyth County Department of Social Services ("DSS"). Ms. Johnson initially worked with Forsyth County DSS between March and August 2002. She returned to work with Forsyth County DSS in March 2003 and performed case planning and management and child protective service investigations. (Johnson Depo. at 60.) Forsyth County DSS experienced a staff shortage in child protective services beginning in September 2003, which caused Ms. Johnson's workload to increase significantly. The increased workload and resulting stress caused Ms. Johnson to suffer from chronic migraine headaches; she notified her supervisors of her problem in October 2003.

In January 2004, Ms. Johnson transferred to a different Social Worker III position that she believed would be less stressful and cause fewer migraines. (Johnson Depo. at 60-61.) Her new responsibilities included conducting on-site home evaluations prior to child placement, troubled pregnancy counseling, and managing a child custody caseload. (Johnson Aff. ¶ 13; Johnson Depo. at 57-58.) In her new position, Ms. Johnson reported to Tanya McDougal, the Manager of Child Services; Ms. McDougal reported to Linda Cole, the Director of Child Services.

Even though Ms. Johnson was given a new position, her workload continued to increase. Between approximately April and August 2004, Ms. Johnson's coworker, Alicia Weaver, went on maternity leave and the responsibility for all of Ms. Weaver's cases shifted to Ms. Johnson. The increased workload and resulting stress again caused Ms. Johnson to suffer emotional problems. (Johnson Aff. ¶ 4.) Ms. Johnson believed that the increased stress and anxiety would make it more difficult for her to keep her bipolar disorder under control. (Johnson Aff. ¶ 5.) In September 2004, Ms. Johnson's depression and anxiety reached such a level that she was taken to the emergency room and `prescribed various medications, including Wellbutrin, Topamax, and Ambien. Ms. Johnson subsequently took two weeks of leave under the Family Medical Leave Act ("FMLA") from September 7 until September 20, 2004.

Upon her return to work, Ms. Johnson informed her supervisors that she was capable of performing the functions and skills required in her position, but expressed concern over her increasing caseload. (Johnson Depo. at 56.) Ms. Johnson was out of work again toward the end of September 2004 and was released by her physician "to work on a full time basis with no restrictions" on October 8, 2004.

In the Fall of 2004, Ms. Johnson informed her supervisors that she suffered from anxiety and depression and requested a reduction in her caseload. (Johnson Depo. at 17-18.) Ms. Cole informed Ms. Johnson that she needed to have a doctor verify the necessity of the requested accommodation. (Johnson Depo. at 17-18.) Ms. Cole provided Ms. Johnson with paperwork to fill out to help determine whether an accommodation was appropriate; but, Ms. Johnson failed to return it. (Johnson Depo. at 20-21.) Ms. Johnson took additional FMLA leave from December 13 until December 27, 2004; her leave was extended at her request through January 15, 2005. (McDougal Aff. ¶ 10.) Ms. Johnson's physician released her "to return to work starting January 17, 2005 on a full time basis with no restrictions."

Ms. Johnson alleges that, beginning in approximately October 2004, she was subjected to harassment that eventually led to her resignation in January 2005. Ms. Johnson claims that: (1) Ms. Cole and Ms. McDougal frequently criticized her work and questioned her professional competence (Johnson Aff. ¶ 9); (2) Ms. Cole told her that if she could not perform the duties expected of her then she was an unreliable social worker and a liability (Johnson Depo. at 13, 16); (3) Ms. Cole told her that she should seek other employment options (Johnson Aff. ¶ 9); (4) Ms. Cole and Ms. McDougal required her to record her daily activities and meet with a supervisor on a daily basis to prioritize her work assignments (id.); (5) Ms. Cole and Ms. McDougal discussed her medications and improperly disclosed her private medical information (id.); and (6) Ms. McDougal criticized her appearance and was unresponsive to and critical of her office visits (Johnson Depo. at 29-30, 125).

Ms. Johnson resigned on January 19, 2005 to escape what she perceived to be daily harassment and discrimination. (Johnson Depo. at 47.) She is currently working full time as a social worker for the Iredell County (N.C.) DSS. (Johnson Depo. at 98.)

Ms. Johnson filed a Charge of Discrimination with the EEOC on February 11, 2005 and received a "Dismissal and Notice of Rights" on or about March 1, 2005. On May 31, 2005, Ms. Johnson filed a Complaint against the North Carolina Department of Health and Human Services ("DHHS"), Forsyth County, Forsyth County DSS, and Ms. Cole and Ms. McDougal in both their official and individual capacities (collectively, "Defendants"). She seeks declaratory and injunctive relief, compensatory damages, punitive damages, and attorneys' fees and asserts the following claims: (1) harassment due to her disability in violation of Title 1 of the Americans with Disabilities Act ("ADA"), Title VII of the Civil Rights Act ("Title VII"), the North Carolina Persons with Disabilities Protection Act ("NCPDPA"), and the North Carolina Equal Employment Practices Act ("NCEEPA") as to the governmental defendants; (2) constructive discharge in violation of Title 1 of the ADA, Title VII, NCPDPA, and NCEEPA as to the governmental defendants; (3) intentional infliction of emotional distress as to all defendants; and (4) negligent infliction of emotional distress as to all defendants.

Defendants filed a timely Answer denying all relevant allegations and asserting various affirmative defenses. DHHS was dismissed as a party on July 25, 2005. [Doc. # 7.] Discovery has been completed and Defendants contemporaneously filed the pending Motion to Dismiss and Motion for Summary Judgment. Ms. Johnson has responded in opposition and these matters are now ripe for consideration.

II.

The Defendants have filed a motion to dismiss Ms. Johnson's claims against Forsyth County DSS and the individual defendants in their official capacities pursuant to Rule 12(b)(1) for lack of subject matter jurisdiction asserting that such claims are barred by the Eleventh Amendment. The Fourth Circuit has not conclusively established whether a dismissal based on Eleventh Amendment immunity is a dismissal for lack of subject matter jurisdiction under Rule 12(b)(1) or for failure to state a claim under Rule 12(b)(6). See Andrews v. Daw, 201 F.3d 521, 525 n. 2 (4th Cir.2000) (citing cases supporting each alternative). However, because the Defendants have presented their motion as one for lack of subject matter jurisdiction, [Doc. # 25 at 4], it will be treated as such. See Alston v. N.C. A & T State Univ., 304 F.Supp.2d 774, 782 n. 7 (M.D.N.C.2004).

It is well established that, with certain exceptions, the Eleventh Amendment prohibits suits against the states. It is also well established that this immunity extends to any state instrumentality that is considered an "arm of the State." Regents of the Univ. of Cal. v. Doe, 519 U.S. 425, 429, 117 S.Ct. 900, 137 L.Ed.2d 55 (1997). However, immunity does not extend to "political subdivisions such as counties and municipalities, even though such entities exercise a `slice of state power.'" Lake Country Estates, Inc. v. Tahoe Reg'l Planning Agency, 440 U.S. 391, 401, 99 S.Ct. 1171, 59 L.Ed.2d 401 (1979).

Immunity from suit under the Eleventh Amendment is not absolute. An immunity defense for damages claims is unavailable if: (1) Congress has abrogated a state's immunity pursuant to its powers under the Fourteenth Amendment; or (2) a state has waived its immunity by consenting to suit in federal court. See College Say. Bank v. Fla. Prepaid Postsecondary Educ. Expense Bd., 527 U.S. 666, 670, 119 S.Ct. 2219, 144 L.Ed.2d 605 (1999). With respect to claims for damages under Title I of the ADA, the Supreme Court has held that the Eleventh Amendment bars private individuals from suing nonconsenting states in federal court and that Congress exceeded its constitutional authority by subjecting nonconsenting states to suits in federal court for money damages under Title I of the ADA. Bd. of...