Lewis v. Cleveland Clinic Found.

• Decision Date: 27 November 2013
• Docket Number: Case No. 1:12 CV 3003
• Parties: MICHAEL L. LEWIS, Plaintiff, v. THE CLEVELAND CLINIC FOUND., et al., Defendants.
• Court: U.S. District Court — Northern District of Ohio

MICHAEL L. LEWIS, Plaintiff, v. THE CLEVELAND CLINIC FOUND., et al., Defendants.

Case No. 1:12 CV 3003

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

November 27, 2013

Judge Dan Aaron Polster

MEMORANDUM OF OPINIONAND ORDER

Before the Court is Defendants' Motion for Summary Judgment. (Doc ##: 22, 23.) Plaintiff Michael Lewis, a former Cleveland Clinic Police Officer, has sued the Clinic for his compelled resignation on February 24, 2011. Lewis claims that he was discharged in violation of state and federal discrimination laws based on his race, African-American. The Court has reviewed the Motion, the Opposition Brief (Doc #: 31), the Reply Brief (Doc #: 33) and the record evidence thereto. For the reasons to follow, the Court GRANTS the Motion, and enters judgment in favor of Defendants.

I.

Defendant Cleveland Clinic Foundation ("the Clinic") hired Plaintiff Michael Lewis as a Clinic police officer in August 2008. Although former Chief Kalavsky (Caucasian) hired Lewis, it is undisputed that the two individual Defendants named in this case, Chief David Easthon (Caucasian) and Commander Robert Sims (African-American), were involved in and approved the decision to hire Lewis. (Easthon Dep. 57-59; Sims Declaration ¶ 4.) The evidence showsthat Lewis had significant difficulty writing reports and retaining basic information, and that he was placed on performance improvement plans ("PIP") by two different supervising officers, Clinic Lieutenants Beulah Payne (African-American) and Barbara Smith (African-American). (Doc ##: 25-9 (Lt. Smith PIP) and 25-11 (Lt. Payne PIP). See also Doc #: 25-10 (Smith Memorandum to Chief Easthon dated 3/23/2009, setting forth Lewis' work issues).) Despite these reports, Chief Easthon, of his own accord, extended Lewis' 90-day probationary period, and provided him with additional training and resources in the hope that his performance would improve. (Easthon Decl. ¶ 7.)

All of this came to a quick halt in the wee hours of February 6, 2011. Cleveland Patrol Officers Brian Kluth and Jennifer Koch responded to a call by Lewis' neighbor, Mary Bolton, complaining about a male who had threatened her with a gun. (Doc #: 22-1 ("Kluth Decl.") ¶ 4.) Upon arrival at the apartment, Bolton told Officer Kluth that Lewis had threatened her and her son while holding a handgun. (Kluth Decl. ¶ 5.) Kluth observed Lewis and a female in the hallway, and saw that Lewis was wearing a gun. (Id.) When Kluth entered Lewis' apartment, he saw open beer cans and a bottle of liquor, and smelled alcohol on his breath. (Id.) Lewis admitted having some drinks. (Id.) Cleveland Police Sergeants Dorothy Todd and Aman Gamble (Kluth and Koch's supervisor), and Officer Martina Latessa responded to Kluth's call for backup assistance. (Doc #: 22-2 ("Todd Decl.") ¶ 4; Doc #: 22-3 ("Latessa Decl.") ¶ 4; (Doc #: 22-4 ("Gamble Decl.") ¶ 4.) .) Upon arrival, Sergeant Todd disarmed Lewis of his gun and handcuffed him for officer safety. (Todd Decl. ¶ 5.) The responding officers all observed that Lewis was responding to Officer Kluth's questions in a loud, shouting manner, saw open cans of beer and a bottle of liquor in Lewis' apartment, and smelled alcohol on his breath. (Todd Decl. ¶ 5; Latessa Decl. ¶ 5; Gamble Decl. ¶ 5.) Based on these findings, Officer Kluth, withSgt. Gamble's consent, arrested Lewis for possessing a weapon while intoxicated, aggravated menacing, and unnecessary noises, and transported him to the City of Cleveland Jail. (Kluth Decl. ¶ 6; Gamble Decl. ¶ 7.)

From jail, Lewis contacted Lt. Beulah Payne, his supervisor at that time, and reported that he was arrested for an off-duty incident involving his girlfriend and an altercation with a neighbor. (Doc #: 22-5 ("Payne Decl.") ¶ 4.) Lewis told Lt. Payne that he had had a couple beers. (Id.) She advised him that she would have to contact Commander Gerald Loudin or Chief Easthon to report the arrest, and she advised that someone from the Clinic Police Department would contact him. (Id.) Because she was unable to reach Commander Loudin, she contacted Chief Easthon and reported Lewis' arrest and their conversation. (Payne Decl. ¶ 5.) Easthon then contacted Commander Sims and instructed him to begin an internal investigation. (Doc #: 28 ("Easthon Dep.") at 83-85; Doc #: 23-2 ("Sims Decl.") ¶ 5.)

Commander Sims began his investigation by directing Clinic Detectives Stanley Kaczynski (Caucasian) and Sean Thomas (African-American) to go to the Cleveland Jail and obtain Lewis' badge and Clinic-issued identification, and to obtain a written statement from Lewis should he choose to give one. Lewis handwrote the following statement:

On 02-05-2011 APPROX 2:30 I WAS GOING TO MAIL BOX. CAME BACK ON ELEVATOR. I NOTICE JACKIE MY FRIEND WAS ARGUMENT WITH FEMALE DOWN HALLWAY. I TOLD JACKIE LETS GO BACK TO MY APARTMENT. THE FEMALE NEXTS DOOR STATED THAT SHE HAVE SOMETHING IN HER APARTMENT FOR ME. I THEN TOLD JAKIE LETS GO. WE WENT BACK TO APARTMENT AND I HAD A BEER. NEXT THING CPD KNOCK AT MY DOOR.

(See Doc #: 25-13.) Detectives Kaczynski and Thomas interviewed Mrs. Bolton in the presence of her 25-year old son, who also witnessed the February 6 altercation and confirmed his mother'sversion of events. (The report of that interview is located at Doc #: 23-2, at 23-24.) The detectives also interviewed the apartment complex's security guard, Kennard Jordan, who witnessed part of the incident. (The report of that interview is located at Doc #: 23-2, at 25. Additionally, Kennard Johnson's handwritten statement is located at Doc #: 23-2, at 26.) Mrs. Bolton reported that she had had issues with Lewis playing loud music in the past. She explained, however, that she would usually knock on his door, ask him to turn it down, and "there [were] usually never any problems." (Doc #: 23-2, at 23.) This time was different. Although Mrs. Bolton's and Mr. Jordan's recounting of the incident has some inconsistencies, these witnesses all reported that Lewis had a gun in his hand, flashed his badge, and identified himself as Cleveland police. (Id.)

Commander Sims directed Clinic Sergeant Edward Sanek to obtain the Cleveland Police Department file involving the February 6 incident. (Sims Decl. ¶ 5; Attachment 1, Doc #: 23-2, at 5-21.)

Based on his review of the various records, Commander Sims drafted an eight-page report concluding that Lewis violated multiple Clinic and Clinic Police Department policies and standards of conduct.¹ (Doc #: 23-2, at 27-34.) He concluded, "Based upon the totality of the circumstance[s], it is my recommendation without prejudice that employee Michael Lewis (#837801) be separated from the agency." (Id. at 34.)

On February 17, 2011, Chief Easthon held a meeting with Michael Lewis at the Clinic police department's headquarters. (Doc #: 23-2, at 35-36.) Attending the meeting were Lt.Payne, Sgt. Virginia Caldwell, Sgt. Ed Smith, and Commander Sims. (Id.) Following the meeting, Commander Sims wrote a report summarizing the meeting as follows:

Chief Easthon asked Mike to tell us what he recalls from the incident on the night he was arrested. Mike [Lewis] stated he went bowling prior to the incident. He returned to his apartment and he fixed himself a drink. When asked how many drinks he had consumed? Lewis replied he had a shot of Sterling Vodka and a beer. The Chief asked him, was it just one shot? Lewis replied 1 or 2 shots and a beer.

He admitted to playing his music loud and later turned it down. Next thing he knows the police are knocking at his door and placed him against the wall. Mike said the woman next door must have seen his gun in the holster, but he never had it out. That's about it, he said.

I asked Mike Lewis did he recall a Security Officer at the scene. Mike said yes, he forgot all about him. Mike Lewis told me that even the security person must have seen the gun in his holster under his jacket when he reached for his female friend. Again, he stated the weapon was never in his hand, but in the holster.

The accounts of the events of February 6, 2011 as described by Mike Lewis differ from the statements written by the security officer and victim. Both witness and victim indicate the weapon was clearly in the hand and no one reported ever seeing a holster.

The security officer at the apartment complex did see a badge, but the security officer stated that Mike Lewis identified himself as a [Cleveland Police Officer]. Mike did advise he showed his badge at some point during the altercation, but denies ever telling anyone he was [Cleveland police]. The security officer says he is absolutely sure that Mike said [Cleveland police] and not [Cleveland Clinic police].

Chief Easthon asked Mike Lewis about the girlfriend. Mike said she did not do drugs, but she drinks and there was no criminal history. Mike said the woman was also married and her husband was handicapped.

Mike Lewis told us the courts gave him "time served" for the noise complaint and his plea was "no contest" on all other charges.

Mike Lewis originally had written a statement when he met with detectives earlier this month. The statement was very vague, just as this oral statement given on 2-17-2011. The facts that Mike Lewis recall are factsminimizing his activity during the altercation at the apartment complex. The story is not consistent with the victim and witness, who both appear to be credible and non-deceptive.

(Doc #: 23-2, at 35-36.) Chief Easthon scheduled a followup meeting to be held on February 24, 2011. (Id.)

Attending the meeting on February 24, 2011, were Lewis, Chief Easthon, Commander Sims, Sgt. Ed Smith, and HR representative Melissa Frank. (Doc #: 23-2, at 37.) Chief Easthon gave Lewis the option to resign or face termination based on the February 6, 2011 incident. (Id.) After Lewis discussed these options with his wife, he decided to resign with an effective date of March 2, 2011. (Id.)

On October 29, 2012, Lewis filed a complaint asserting state and federal claims for workplace...