Mathis v. City of St. Augustine Beach, Mun. Corp.
| Decision Date | 31 March 2015 |
| Docket Number | Case No. 3:13-cv-1015-J-34JRK |
| Parties | JONI MATHIS, Plaintiff, v. CITY OF ST. AUGUSTINE BEACH, a Florida Municipal Corporation, Defendant. |
| Court | U.S. District Court — Middle District of Florida |
THIS CAUSE is before the Court on Defendant's Amended Motion for Summary Judgment (A Dispositive Motion) with Supportive Memorandum of Law (Doc. 28; Motion) filed on July 3, 2014. Plaintiff Joni Mathis (Mathis) initiated this action against Defendant City of St. Augustine Beach (the City) on July 13, 2012, by filing a complaint in the Circuit Court, Seventh Judicial Circuit, in and for St. Johns County, Florida. See Complaint and Demand for Jury Trial (Doc. 1-1 at 17-26); see also Defendant's Notice of Removal ¶ 2 (Doc. 1; Notice). On August 19, 2013, Mathis filed in state court the Amended Complaint and Demand for Jury Trial (Doc. 2; Amended Complaint). See Notice ¶ 3. The City removed the action to federal court on August 21, 2013. See generally Notice. The Court thereafter entered an order striking the Amended Complaint as an impermissible shotgun pleading. See Order (Doc. 4). On September 20, 2013, Mathis filed the Second Amended Complaint and Demand for Jury Trial (Doc. 8; Second Amended Complaint) which is now the operative pleading in this action. In the Second Amended Complaint, Mathis alleges that the City violated the Florida Civil Rights Act (FCRA), Fla. Stat. § 760.01 et seq., by discriminatingagainst her on the basis of sex (Count I) and retaliating against her for engaging in statutorily protected conduct (Count II). See generally Second Amended Complaint. Additionally, Mathis brings a claim under 42 U.S.C. § 1983, alleging that the City discriminated against her on the basis of sex and in retaliation for her complaints of sex discrimination in violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution (Count III). Id. In the Motion, the City requests that the Court enter summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure (Rule(s)). See Motion at 1. Mathis filed a response in opposition to the Motion on July 21, 2014. See Plaintiff's Response to Defendant's Motion for Summary Judgment (Doc. 29; Response). With leave of Court, see Order (Doc. 32), the City filed Defendant's Reply to Plaintiff's Response to Defendant's Motion for Summary Judgment (Doc. 34; Reply), and Mathis filed Plaintiff's Response to Defendant's Reply to Plaintiff's Response to Defendant's Motion for Summary Judgment (Doc. 35; Surreply). Accordingly, the matter is ripe for review.
Mathis worked for the St. Augustine Beach Police Department (SABPD) as the Assistant Police Chief from January 2, 2008, until October 27, 2009. See Second Amended Complaint ¶ 5; Motion at 2. Mathis applied for this position in September 2007, see Deposition of Joni Mathis at 66 (Doc. 28-17; Mathis Dep.), and SABPD Police Chief, Richard Hedges, hired her after an assessment which included presentations by three candidates,see Declaration of Richard Hedges ¶ 7 (Doc. 28-2; Hedges Decl.). There is some dispute in the record regarding whether Mathis was hired over a male candidate, Jerry Coxen, or whether she was the only candidate remaining when Hedges made the hiring decision. Hedges testified that of the three candidates, one candidate dropped out of the assessment, so his decision came down to two candidates - Mathis and a male candidate. Id.; see also Deposition of Richard Hedges at 58 (Doc. 29-2; Hedges Dep.).2 Additionally, Coxen testified that "[a]t the end of the assessment" he "was advised that [he] was not the successful candidate." Declaration of Jerry G. Coxen, Jr. ¶ 4 (Doc. 28-7; Coxen Decl.). However, SABPD Sergeant Gary Hartshorne testified that Hedges told Hartshorne that the other two candidates for the assistant chief position "bowed out" leaving just one, who Hartshorne testified Hedges described as "a female, Joni Mathis, or something to that effect." Deposition of Gary Hartshorne at 118 (Doc. 28-20; Hartshorne Dep.). Further, Hartshorne testified that Hedges stated he wanted to "get four other people that were passed up" to "come in and do this employment process" because Hedges believed Mathis "would much rather . . . get this position, not through attrition, but through . . . winning it[.]" Id.; see also Mathis Dep. at 92 (). Hedges also testified that it was true that "initially" he wanted to repost the assistant chief position. Hedges Dep. at 60. Ultimately, however, Hedges did not repost the position and hired Mathis. Hartshorne Dep. at 119.
In the chain of command at the SABPD, patrol officers report to sergeants, sergeants report to the assistant police chief, and the assistant police chief reports directly to the police chief. Hedges Decl. ¶ 6. As such, Mathis functioned in an executive supervisory position where she managed the SABPD's patrol division. Hedges Decl. ¶ 9; see also Assistant Police Chief Position Description (Doc. 28-2, Exhibit 4; Assistant Police Chief Position Description). At the time, the patrol division consisted of three sergeants who supervised one or two officers. Hedges Decl. ¶ 9; see also St. Augustine Beach Police Department Organizational Chart (Doc. 28-2, Exhibit 5; SABPD Organizational Chart).
Mathis received her first performance evaluation in January 2009. Hedges Decl. ¶ 10; see also St. Augustine Beach Police Department Supervisor Performance Evaluation Report (Doc. 28-2, Exhibit 6;3 Doc. 28-18, Exhibit 5; Performance Evaluation).4 Overall, Hedges gave Mathis a positive evaluation. See generally Performance Evaluation. However, under the heading, "Identify areas in which the employee can grow professionally[,]" one notation states, "Be sure to keep the Chief informed of noteworthy incidents (office injuries, damage to department equipment, high profile arrests, etc.)." Id. at 2. Hedges testified that he included this notation because he "had been concerned with several matters that Mathis had not advised [him] about that [he] felt were important." Hedges Decl. ¶ 10. For example, Mathis had not told Hedges about an on-the-job injury suffered by SABPD Officer LaurieLucas, nor had Mathis told Hedges that she permitted SABPD Officer Todd Smith to drive a city marked vehicle when he was on light duty.5 Id. Additionally, Hedges described another "communication issue with Mathis" involving a "budgetary matter." Id. ¶ 11. Specifically, Mathis wanted to buy a new mounting system for the scopes for department rifles, but Hedges told her to wait until he could locate the funding. Id. Mathis instead proceeded to purchase the mounting for one rifle, which was assigned to Lucas. Id.
In January 2009, Mathis suggested that Smith and Lucas, both of whom were injured, assist her in organizing the evidence room. Mathis Dep. at 141-43.6 During this time, Mathis, Lucas, and Smith became friends. Id. at 110. Also during this time, Mathis began "counseling" Smith regarding several issues, including his difficulties over the death of a friend in law enforcement, his shoulder surgery, and marital issues with his wife.7 Id. Specifically, Mathis explained that Smith's wife was having "psychological problems" and thatSmith was thinking of getting a divorce. Id. at 112. Mathis testified that she and Smith would discuss Smith's marital problems "[p]robably daily" while on the job at the SABPD. Id. at 116. According to Mathis, Smith asked that Mathis keep his martial problems and their discussions confidential. Id. at 112-13. Thus, Mathis did not share with Hedges the information Smith relayed to Mathis regarding the problems he was going through because "in her view" the information "was private." Id. at 113.
On the evening of May 26, 2009, Smith went to Mathis's home. Mathis Dep. at 119. According to Mathis, they were both off-duty at the time, and she did not expect Smith. Id. at 109-10, 119. Nevertheless, she allowed him in, and the two were sitting on her couch talking for 10 to 15 minutes when Smith's wife, Kelly Smith, arrived at Mathis's house and began banging on the door. Id. at 119. Smith stepped outside, where Mathis could hear Kelly Smith asking, Id. at 120. Mathis testified that she watched Smith and his wife proceed down her front walkway and down the street, and although Kelly Smith was "animated," there was no violence. Id. Once Mathis could no longer see Smith and his wife proceeding down the street, she began to shut down her house for the night. Id. at 126.
The Smiths however continued arguing, and their voices were loud enough for someone to call 911. SABPD Administrative Inquiry 2009-073 at 1 (Doc. 28-4, Exhibit A; Administrative Inquiry). Two St. Augustine Police Department (SAPD) officers responded to the area of 108 Anastasia Boulevard and located Smith and his wife in the rear parking lot of Auggie Dogs bar. Id.; Investigative Report #09-14477 at 2 (Doc. 28-2, Exhibit 7;Investigative Report). SAPD Officer Bryan Johnson was the first officer to arrive. See Administrative Inquiry at 1; Interview of Bryan Johnson at 4-5 (Doc. 28-9; Johnson Tr.). At that time, Kelly Smith was in her vehicle, screaming and crying, and Smith was standing outside the car at the driver's side window. Johnson Tr. at 5-6. Johnson pulled Smith to the side to separate him and Kelly Smith. Id. at 6. Then, Kelly Smith got out of her vehicle, approached Johnson, and said to Johnson, "Your chief is fucking my husband." Id. at 7. When Kelly Smith realized that Johnson was with SAPD and not SABPD, she told Johnson that "the assistant chief of St. Augustine Beach . . . [was] fucking her husband[.]" Id. at 8. Through his conversation with Kelly Smith, Johnson learned that Kelly Smith lived...
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