Laurie v. Alabama Court of Criminal Appeals

• Decision Date: 15 March 2000
• Docket Number: No. Civ.A. 98-D-506-N.,Civ.A. 98-D-506-N.
• Citation: 88 F.Supp.2d 1334
• Parties: Jackie LAURIE, et al., Plaintiffs, v. ALABAMA COURT OF CRIMINAL APPEALS, Defendant.
• Court: U.S. District Court — Middle District of Alabama

88 F.Supp.2d 1334

Jackie LAURIE, et al., Plaintiffs, v. ALABAMA COURT OF CRIMINAL APPEALS, Defendant.

No. Civ.A. 98-D-506-N.

United States District Court, M.D. Alabama, Northern Division.

March 15, 2000.

Kathleen A. Brown, Mark G. Montiel, Roianne H. Frith, Montgomery, AL, for plaintiffs.

Raymond L. Jackson Jr., Alice Ann Byrne, Office of Attorney General, Montgomery, AL, for defendant.

MEMORANDUM OPINION

DE MENT, District Judge.

Before the court is Defendant Alabama Court of Criminal Appeals' ("ACCA") challenge to the court's subject matter jurisdiction raised in the ACCA's Motion For Evidentiary Hearing ("Mot.Evid.H'rg"), filed February 28, 2000. The ACCA questions this court's subject matter jurisdiction, asserting that it is not an "employer" within the meaning of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e to 2000e-17 ("Title VII"). The ACCA contends that, during the relevant statutory time period, it employed less than fifteen Title VII "employees" and, thus, does not satisfy Title VII's requirement that a Title VII "employer" must employ at least fifteen "employees." See 42 U.S.C. §§ 2000e(b) & 2000e(f). Namely, the ACCA argues that certain positions at the ACCA fall into the "personal staff" and "immediate adviser" exceptions to Title VII's definition of "employee" and, therefore, may not be counted as "employees" in determining whether the threshold number of fifteen is satisfied. Id.

In an Order entered on March 7, 2000 ("March 7, 2000 Order"), the court granted the ACCA's Motion For Evidentiary Hearing and, on March 10, 2000, held an evidentiary hearing to ascertain the threshold facts concerning the issue of subject matter jurisdiction. (March 7, 2000 Order at 1-13.) Plaintiffs and the ACCA filed supplemental evidence on March 13 and 14, 2000. After careful consideration of the arguments of counsel, the facts adduced at the evidentiary hearing on March 10, 2000, and the record as a whole, the court finds that it lacks subject matter jurisdiction over this action and that Plaintiffs' lawsuit is due to be dismissed.

I. PROCEDURAL HISTORY AND FACTUAL BACKGROUND

The procedural history and factual background are set forth in detail in the court's Memorandum Opinion And Order, entered on February 14, 2000 ("Feb. 14, 2000 Order"), and the Court's March 7, 2000 Order. The procedural history and factual background need not be repeated in full here.

However, the court will summarize its prior findings in its February 14 and March 7, 2000 Orders pertaining to the ACCA's Title VII "employer" status. Namely, in its February 14, 2000 Order, in which the court ruled on the ACCA's Motion For Summary Judgment, the court found that, under Lyes v. City of Riviera Beach, Fla., 166 F.3d 1332, 1340-42 (11th Cir.1999), the ACCA was a single "employer" for purposes of counting "employees" under Title VII. (Feb. 14, 2000 Order at 56-65.) The court found that, contrary to Plaintiffs' argument, the ACCA should not be aggregated with all the courts within the State of Alabama's Unified Judicial System. (Id.)

After finding that the ACCA was a "separate and distinct" entity for purposes of counting employees, the court attempted to determine whether the ACCA was comprised of fifteen or more Title VII "employees." (Id. at 65-75.) However, the evidence submitted on summary judgment by the ACCA was incomplete, confusing and contradictory regarding the number of Title VII "employees" at the ACCA. Thus, ultimately, the court denied summary judgment on the issue of whether the ACCA employed fifteen "employees" under Title VII. (Id. at 75.)

Subsequently, on February 28, 2000, the ACCA filed its Motion For An Evidentiary Hearing, arguing that whether the ACCA employed fifteen or more employees during the relevant statutory time period was an issue for the court to decide, not the jury. In its March 7, 2000 Order, after analyzing Scarfo v. Ginsberg, 175 F.3d 957, 961 (11th Cir.1999), and Garcia, M.D. v. Copenhaver, Bell & Assocs., 104 F.3d 1256 (11th Cir.1997), the court made the following findings of fact and conclusions of law:

(1) Defendant's Motion For Evidentiary Hearing contains therein a challenge to the court's subject matter jurisdiction over this action.

(2) The Parties cannot waive subject matter jurisdiction; thus, the court "may consider subject matter jurisdiction claims at any time during litigation." Scarfo, 175 F.3d at 960.

(3) Plaintiffs have the burden of establishing subject matter jurisdiction and demonstrating that Defendant is a Title VII "employer" with fifteen or more employees for the requisite period provided under the statute. See Lyes v. City of Riviera Beach, Florida, 166 F.3d 1332, 1341 n. 3 (11th Cir.1999) (noting that, in the Eleventh Circuit, "counting employees is a jurisdictional inquiry"); see also McKenzie v. Davenport-Harris Funeral Home, 834 F.2d 930, 932 (11th Cir.1987). As discussed during the telephone conference on March 6, 2000, at the evidentiary hearing, Plaintiffs shall present their evidence and arguments first. Defendant shall make available at the hearing any employees from the Alabama Court of Criminal Appeals whom Plaintiffs desire to question;

(4) In the Eleventh Circuit, "counting employees" under Title VII "is a jurisdictional inquiry." Lyes, 166 F.3d at 1340 n. 3.

(5) When the court is faced with factual disputes regarding subject matter jurisdiction, the court serves as the fact-finder and may weigh the evidence, provided the challenge to subject matter jurisdiction does not implicate an element of the cause of action. Because subject matter jurisdiction goes to the power of the Court to hear the case, factual issues regarding subject matter jurisdiction are not resolved by a jury. Instead, that responsibility is for the Court. Garcia, 104 F.3d at 1261; Scarfo, 175 F.3d at 960-961. Based on the facts of this case, the court finds that, with the exception of Plaintiffs' job positions, the court can weigh the evidence, if the facts are disputed, to ascertain the total number of individuals employed at the Alabama Court of Criminal Appeals and whether the threshold level of fifteen employees is satisfied. Thus, for purposes of the evidentiary hearing and the court's findings at this stage, the court will assume that the positions held by Plaintiffs are included as qualifying "employees."

(6) ... [I]n interpreting "the current or preceding calendar year," as set forth in 42 U.S.C. § 2000e(b), the court will apply the following principles. The Supreme Court has determined that the "payroll method" is the appropriate method to determine when an employer "has" an employee. Walters v. Metropolitan Educ. Enters., Inc., 519 U.S. 202, 206, 117 S.Ct. 660, 136 L.Ed.2d 644 (1997). Using this method, a court must count the number of employees on the payroll for each week in the current or preceding calendar year. Id. "`[C]urrent calendar year' refers to the year in which the alleged violation occurred and includes the calendar year from January 1 through December 31." Komorowski v. Townline Mini-Mart & Restaurant, 162 F.3d 962, 965 (7th Cir.1998). An employee who departed in the middle of a calendar week does not count toward the fifteen-employee minimum for that week. Walters, 519 U.S. at 209, 117 S.Ct. 660. Here, because the last act of alleged sexual harassment occurred in 1996, the court must examine the individuals employed at the Court of Criminal Appeals from January 1, 1995 through December 31, 1996.

(March 7, 2000 Order at 10-12.) Based on these findings, the court granted the ACCA's Motion For Evidentiary Hearing and held said hearing on March 10, 2000.

II. STANDARD OF REVIEW

At the March 10, 2000 evidentiary hearing, Plaintiffs and the ACCA agreed with and had no objections to the court's findings of fact and conclusions of law set forth in its March 7, 2000 Order. (March 7 Order at 10-12.) In particular, neither Party objected to the court weighing the evidence to determine whether individuals employed at the ACCA, other than Plaintiffs, were Title VII "employees." Accordingly, the court's rulings in its March 7, 2000 Order are uncontested and represent the law of the case.

Alternatively, the court finds that the material evidence adduced at the March 10, 2000 evidentiary hearing and submitted on March 13 and 14, 2000 is undisputed. Thus, the court finds that it may properly resolve on summary judgment the issue of whether the ACCA employs at least fifteen Title VII "employees." (March 7, 2000 Order at 9-10; March 8, 2000 Order); see also FED.R.CIV.P. 56.

III. TITLE VII'S DEFINITION OF "EMPLOYER" AND "EMPLOYEE"

Title VII provides that an employer may not "discriminate against any individual with respect to his [or her] compensation, terms, conditions, or privileges of employment, because of such individual's ... sex." 42 U.S.C. § 2000e-2(a)(1). The statute defines "employer," insofar as presently relevant, as follows:

(b) The term "employer" means a person¹ engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year,....

42 U.S.C. § 2000e(b).

In turn, Title VII defines "employee," in pertinent part, as follows:

an individual employed by an employer, except that the term "employee" shall not include any person elected to public office in any State or political subdivision of any State by the qualified voters thereof, or any person chosen by such officer to be on such officer's personal staff, ... or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office....

42 U.S.C. § 2000e(f).

Title VII does not define "personal staff." However, as the court set forth in its February 14, 2000 Order and as discussed at the evidentiary hearing on March 10, 2000, in evaluating whether an individual is a member of an elected official's "personal staff," courts apply the...