Mack v. Alabama Dept. of Human Resources

• Decision Date: 17 January 2002
• Docket Number: No. CIV.A. 00-D-1435-N.,CIV.A. 00-D-1435-N.
• Citation: 201 F.Supp.2d 1196
• Parties: Dianne MACK, Plaintiff, v. The STATE OF ALABAMA DEPARTMENT OF HUMAN RESOURCES, et al., Defendants.
• Court: U.S. District Court — Middle District of Alabama

201 F.Supp.2d 1196

Dianne MACK, Plaintiff, v. The STATE OF ALABAMA DEPARTMENT OF HUMAN RESOURCES, et al., Defendants.

No. CIV.A. 00-D-1435-N.

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

January 17, 2002.

COPYRIGHT MATERIAL OMITTED

Alvin T. Prestwood, Prestwood & Associates PC, Calvin L. Williams, Volz & Williams PC, Montgomery, AL, for Plaintiff.

Sharon E. Ficquette, J. Coleman Campbell, Alabama Department of Human Resources, Legal Office, Alice Ann Byrne, State Personnel Department, Montgomery, AL, for Defendants.

MEMORANDUM OPINION AND ORDER

DE MENT, District Judge.

Before the court is a Motion For Summary Judgment, which jointly was filed by all Defendants¹ on November 2, 2001. (Doc. No. 27.) Plaintiff Dianne Mack ("Mack") filed a Response to this Motion on December 10. (Doc. No. 33.) No further pleadings are under submission with respect to the present Motion. After careful consideration of the arguments of counsel, the relevant law, and the record as a whole, the court finds that Defendants' Motion is due to be granted.

I. JURISDICTION AND VENUE

The court exercises subject matter jurisdiction over these claims pursuant to 28 U.S.C. §§ 1331, 1343(a)(3), 1343(a)(4) and 1367. The parties do not contest personal jurisdiction or venue.

II. SUMMARY JUDGMENT STANDARD

When a party moves for summary judgment, the court construes the evidence and makes factual inferences in the light most favorable to the nonmoving party. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). Summary judgment is entered only if it is shown "that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." FED. R. CIV. P. 56(c). At this juncture, the court does not "weigh the evidence and determine the truth of the matter," but solely "determine[s] whether there is a genuine issue for trial." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (citations omitted).

This determination involves applying substantive law to the pertinent facts that have been developed. A dispute about a material fact is genuine if a reasonable jury could return a verdict for the nonmoving party, based on the applicable law in relation to the evidence presented. Id. at 248, 106 S.Ct. 2505; Barfield v. Brierton, 883 F.2d 923, 933 (11th Cir.1989). The moving party bears the initial burden of establishing the absence of a genuine issue of material fact. Celotex, 477 U.S. at 323, 106 S.Ct. 2548. If this task is satisfied, the burden then shifts to the non-moving party, which must designate specific facts remaining for trial and "must do more than simply show that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Corp. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). An action will be dismissed when the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party. Id. at 587, 106 S.Ct. 1348.

III. FACTUAL BACKGROUND

Mack, an African-American female, was employed as Director of the Pike County Department of Human Resources (PCDHR) from June of 1996 until she was terminated on July 14, 2000. (Am. Compl.¶¶ 2, 6, 10.) The present action has been brought against the entities who were principally involved in Mack's termination. Without specifically stating which Defendants are the subject of each particular claim, Mack has brought the following causes of action: (1) racial discrimination under Title VII; (2) retaliation under Title VII; (3) racial discrimination in denial of equal protection under the laws; (4) retaliation for the exercise of free speech and the petitioning of grievances; and (5) denial of procedural due process. (Id. at 18-32.) On the basis of the following facts, Mack seeks compensatory and injunctive relief, as well as attorney's fees. (Id.)

In the late summer of 1999, the County Board held a town meeting whereupon members of the local community discussed the state of affairs at the PCDHR. There was a negative sentiment as to the administration of the PCDHR, so complaints were lodged with Tony Petelos, then Commissioner of the ADHR, who appointed a team to investigate these matters. (Mot. Ex. 10.) This team consisted of a number of Directors from various county DHR branches throughout Alabama, as well as a member of the State Board. (Id.) After "six days of intensive interviews," the team reported "the existence of serious problems" centering on Mack's exercise of authority. (Id.) Though some employees voiced their support for Mack, the team concluded that "the majority are demoralized, fearful, angry, frustrated, unrewarded, and uncertain of their jobs." (Id.) Moreover, they discovered numerous records to be missing, the existence a high employee turnover rate, and the alienation of "the pivotal leaders of the community who are vital to the success of any county office." (Id.)

Much of these problems, the team concluded, could be attributed to Mack's supervisory skills. (Id.) The team insisted that Mack was "a talented, knowledgeable, and experienced social worker who has the ability to make continuing substantial and important contributions to" the ADHR, but they concluded that a supervisory role simply was not her niche. (Id.) Accordingly, Petelos recommended that the County Board take some remedial action. (Id.) The County Board asked her to accept a voluntary removal to another position, but Mack refused. (Mot.Ex. 14.) Fearing the volatility of the situation, the County Board next requested the State Board's permission to conduct an administrative hearing on the issue. (Id.)

The request was approved, and on October 28, 1999, the County Board sent Mack a letter notifying her that an administrative hearing was to be held with regard to "charges and evidence concerning [her] job performance and conduct." (Mot.Ex. 1.) A number of charges were raised pertaining to, inter alia, the intimidating work environment under her helm, the arbitrariness of her personnel practices, the soured relationship her office had developed with the community, the shortcomings of her job performance, and the high employee turnover rate under her tenure. (Id.) In all, the enumerated charges were supported with varying degrees of specificity such that they encompassed over three pages, single-spaced, essentially mirroring the report of the team that had previously investigated the PCDHR. (Id.) The letter stated that, subject to certain restrictions, all pertinent material to be utilized at the hearing was available to Mack upon the request of her counsel. (Id.) Mack was informed that, if the charges were proven, she could be subjected to suspension or termination, but that the Board would "ask the hearing officer to terminate [her] employment." (Id.)

Mack proceeded to seek a temporary restraining order as to the initiation of said proceeding. (Mot.Ex. 2.) The alleged basis for the injunctive relief was due process shortcomings, namely that the charges were lacking in specificity and that the ADHR was reluctant to cooperate in clarifying said charges. (Id.) The request also alluded to some questionable circumstances surrounding the procedures employed, as well as the motivations behind said procedures. (Id.) The T.R.O. was granted, though the state court judge who entered the Order did not specify the reasons for so doing. (Mot.Ex. 3.) Nonetheless, upon expiration of the Order, and the recusal of the judge who entered the Order, the County Board once again set the wheels in motion for a hearing, having addressed none of the concerns raised in Mack's request for injunctive relief. (Mot. Ex. 4, 5.) Although the new judge expressed reservations about allowing the matter to proceed, he consented upon the assurance of ALJ Jeffery Long that Mack would be permitted the opportunity to rebut after presentation of the evidence. (Mot. Ex. 6 at 2-3.)

Evidence was presented beginning on December 13, 1999, and it continued to be presented during the course of the fourteen-day hearing which ended on February 24, 2000. (Id. at 3.) A myriad of witnesses were called during this time, providing more than 4000 pages of transcript testimony. (Mot. Ex. 8 at 3.) ALJ Long then proceeded to synthesize and summarize all the evidence, whereupon the relevant facts were distilled and applied to the original allegations. (Mot.Ex. 6.) His summary of 176 pages was entered on July 13, 2000, and, while not all of the charges were deemed proven by the evidence, substantial charges were deemed sufficiently supported by the evidence so as to support his recommendation that Mack be terminated. (Id. at 165-76.) The County Board subsequently ratified the findings and terminated Mack. (Mot.Ex. 7.)

Mack immediately appealed, wherein she once again challenged the specificity of the charges on due process grounds. (Mot. Ex. 8 at 2.) Despite ALJ Long's assurance that Mack would be given the opportunity to so object after the submission of evidence, the record provides no indication as to the extent to which he carried through on the promise. Indeed, after hearing oral arguments on the issue, Chief ALJ Richard Meadows ordered that the charges be clarified and that only these were to be heard on the de novo appeal. (Id.) Chief ALJ Meadows believed that Mack could sufficiently rely upon the transcript of more than 4000 pages to prepare herself in the face of the newly clarified charges, thereby overcoming any due process concerns. (Id. at 2-7.)

After fourteen more days of hearings commencing on September 11, 2000, and concluding on October 30, wherein sixtynine witnesses presented testimony, Chief ALJ Meadows set about his own de novo synthesis of the evidence and the allegations before him. (Id. at 7.) He proceeded to thoroughly analyze all evidence before him in...