Krieg v. Seybold
| Citation | 427 F.Supp.2d 842 |
| Decision Date | 03 April 2006 |
| Docket Number | No. Civ. 1:04CV430.,Civ. 1:04CV430. |
| Parties | Robert A. KRIEG, et al., Plaintiffs, v. Wayne SEYBOLD, et al., Defendants. |
| Court | U.S. District Court — Northern District of Indiana |
William R. Groth, Fillenwarth, Dennerline, Groth & Towe, Indianapolis, IN, for Plaintiffs.
Diana Carol Bauer, Robert T. Keen Jr., Carson Boxberger LLP, Fort Wayne, IN, for Defendants.
This matter is before the court on a "Motion for Partial Summary Judgment as to Liability", filed by the plaintiffs on December 1, 2005. The defendants responded to the motion on January 13, 2006, to which the plaintiffs replied on February 2, 2006.
Also before the court is a motion for summary judgment filed by the defendants on December 1, 2005. The plaintiffs responded to the motion on January 13, 2006, to which the defendants replied on February 2, 2006.
A telephone conference was held in this matter on March 15, 2006, and supplemental briefing was submitted to this court by the plaintiffs on March 24, 2006, and by the defendants on March 27, 2006.
For the following reasons, the plaintiffs' motion for partial summary judgment will be denied and the defendants' motion for summary judgment will be granted as to all federal claims. The plaintiffs' state law defamation claim will be dismissed without prejudice.
Summary judgment is proper "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed. R.Civ.P. 56(c). However, Rule 56(c) is not a requirement that the moving party negate his opponent's claim. Fitzpatrick v. Catholic Bishop of Chicago, 916 F.2d 1254, 1256 (7th Cir. 1990). Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery, against a party "who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and in which that party will bear the burden of proof at trial." Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The standard for granting summary judgment mirrors the directed verdict standard under Rule 50(a), which requires the court to grant a directed verdict where there can be but one reasonable conclusion. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A scintilla of evidence in support of the non-moving party's position is not sufficient to successfully oppose summary judgment; "there must be evidence on which the jury could reasonably find for the plaintiff." Id. In Re Matter of Wildman, 859 F.2d 553, 557 (7th Cir. 1988); Klein v. Ryan, 847 F.2d 368, 374 (7th Cir. 1988); Valentine v. Joliet Township High School District No. 204, 802 F.2d 981, 986 (7th Cir. 1986). No genuine issue for trial exists "where the record as a whole could not lead a rational trier of fact to find for the nonmoving party." Juarez v. Ameritech Mobile Communications, Inc., 957 F.2d 317, 322 (7th Cir. 1992)(quoting Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)).
Initially, Rule 56 requires the moving party to inform the court of the basis for the motion, and to identify those portions of the "pleadings, depositions, answers to interrogatories, and admission on file, together with the affidavits", if any, which demonstrate the absence of a genuine issue of material fact, Celotex, 477 U.S. at 323, 106 S.Ct. 2548. The non-moving party may oppose the motion with any of the evidentiary materials listed in Rule 56(c), but reliance on the pleadings alone is not sufficient to withstand summary judgment. Goka v. Bobbitt, 862 F.2d 646, 649 (7th Cir. 1988); Guenin v. Sendra Corp., 700 F.Supp. 973, 974 (N.D.Ind. 1988); Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir.), cert. denied, 464 U.S. 960, 104 S.Ct. 392, 78 L.Ed.2d 336 (1983).
So that the district court may readily determine whether genuine issues of material fact exist, under Local Rule 56.1, the moving party is obligated to file with the court a "Statement of Material Facts" supported by appropriate citation to the record to which the moving party contends no genuine issues exist. In addition, the non-movant is obligated to file with the court a "Statement of Genuine Issues" supported by appropriate citation to the record outlining all material facts to which the non-movant contends exist that must be litigated. See, Waldridge v. American Hoechst Corp. et al., 24 F.3d 918 (7th Cir. 1994). In ruling on a summary judgment motion the court accepts as true the non-moving party's evidence, draws all legitimate inferences in favor of the non-moving party, and does not weigh the evidence or the credibility of witnesses. Anderson. 477 U.S. at 249-251, 106 S.Ct. at 2511. Furthermore, in determining the motion for summary judgment, the court will assume that the facts as claimed and supported by admissible evidence by the moving party are admitted to exist without controversy, except to the extent that such facts are controverted in the "Statement of Genuine Issues" filed in opposition to the motion. L.R. 56.1
Substantive law determines which facts are material; that is, which facts might affect the outcome of the suit under the governing law. Anderson, 477 U.S. at 248, 106 S.Ct. 2505. Irrelevant or unnecessary facts do not preclude summary judgment even when they are in dispute. Id. The issue of fact must be genuine. Fed. R.Civ.P. 56(c), (e). To establish a genuine issue of fact, the non-moving party "must do more than simply show that there is some metaphysical doubt as to the material facts." Matsushita, 475 U.S. at 586, 106 S.Ct. 1348; First National Bank of Cicero v. Lewco Securities Corp., 860 F.2d 1407, 1411 (7th Cir. 1988). The non-moving party must come forward with specific facts showing that there is a genuine issue for trial. Id. A summary judgment determination is essentially an inquiry as to "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 251-252, 106 S.Ct. 2505. Finally, the court notes that, "[i]t is a gratuitous cruelty to parties and their witnesses to put them through the emotional ordeal of a trial when the outcome is foreordained" and in such cases summary judgment is appropriate. Mason v. Continental Illinois Nat'l Bank, 704 F.2d 361, 367 (7th Cir. 1983).
The plaintiffs have set forth the following facts which they assert are not in dispute. Robert Krieg ("Krieg") was employed by the City of Marion, Indiana's Street and Sanitation Department from June 1985 until his alleged discharge on October 28, 2004. Krieg Dep.13-14. Jack Antrobus has served as the Superintendent of Street and Public Works since January 1, 2000. Antrobus was also Krieg's immediate supervisor. Antrobus Dep. 4; Krieg Dep. 15. Krieg and other employees in the Street and Sanitation Department are represented by the American Federation of State, County and Municipal Employees Local No. 3063 ("Local 3063"), which in turn is affiliated with AFSCME Council 62 and is signatory to a collective bargaining agreement ("CBA") with the City of Marion covering those employees. The CBA governing this case was effective January 1, 2003 to December 31, 2004. Clouse Dep. 6; Krieg Dep. 22. On the date of his October 28, 2004 discharge, and for approximately six (6) months prior, Krieg served as Local 3063's Vice-President. Krieg Dep. 22.
Before 2001, Street and Sanitation Department employees were given prior notice of all random drug testing. Antrobus Dep. 6; Krieg Dep. 33, Pls.App., Ex. B, at 14-16. As a result of changes agreed to during the 2001 negotiations, the new labor agreement between the City and Local 3063 allowed for random drug testing performed in accordance with the City's Personnel Manual, which had previously been implemented on June 1, 2001. Antrobus Dep. 7; Krieg Dep. 46-47. The terms of the June 1, 2001 City of Marion Personnel Policies Handbook allowed for testing in three instances: (1) reasonable suspicion, (2) post-accident and (3) to comply with the requirements of the Federal Carrier Safety Regulations, which mandated random, unannounced testing of employees occupying "safety sensitive positions", which included those positions that "require an employee to operate a commercial Motor vehicle and/or hold a commercial driver's license". Pls.App., Ex. C, at 8-9. The CBA governing this case allowed for drug testing post accident, upon reasonable suspicion, or randomly as per the current City Policy. Pls.App., Ex. A, at 15.
Though the current CBA requires all newly-hired employees in the Street and Sanitation Department to obtain a valid commercial driver's license ("CDL") within six months of his/her hire date, employees such as Krieg who were hired before September 10, 2000 are not required to possess a CDL as a condition of retaining employment. These individuals have a "grandfather" exemption from this requirement memorialized in Article XXII of the CBA. Pls.App., Ex. A, at 17; Antrobus Dep. 14-15; Krieg Dep. 74, 78. Krieg has never held a CDL, Krieg Dep. 18, and was one of five or six long-time employees in the Street and Sanitation Department who did not possess a CDL because of the contractual exemption. Krieg Dep. 78; Antrobus Dep. 15-16. This prevented him from being assigned to operate several larger pieces of heavy equipment used by other Street and Sanitation Department employees. Antrobus Dep. 24-25; Krieg Dep. 78.
Krieg's regular job duties varied from day-to-day and season-to-season but regularly included such activities as patching holes in city streets, sealing cracks, plowing snow using a dump...
To continue reading
Request your trial
-
Nat'l Fed'n of Fed. Employees–iam v. Vilsack, Civil Action No. 10–1735 (BAH).
...as a custodian was specifically designated as safety sensitive and that he would be subject to random testing....”); Kreig v. Seybold, 427 F.Supp.2d 842, 856 (N.D.Ind.2006) (employees had “diminished expectation of privacy because random drug testing was one of the bargained-for provisions ......
-
Dix v. Casey's Gen. Stores, Inc.
...either direct or irreparable harm, as would, for example, a lapse by an air traffic controller, pilot, or guard"); Kreig v. Seybold , 427 F. Supp. 2d 842, 857 (N.D. Ind. 2006) (holding "operating large vehicles and heavy equipment in areas open to the general public and co-workers" placed c......