Matthews v. City of Houston Fire Dept.
| Decision Date | 10 March 2009 |
| Docket Number | Civil Action No. H-07-1783. |
| Citation | 609 F.Supp.2d 631 |
| Parties | Kathy MATTHEWS, Plaintiff, v. CITY OF HOUSTON FIRE DEPARTMENT, et al., Defendants. |
| Court | U.S. District Court — Southern District of Texas |
Kathy Matthews, Houston, TX, pro se.
Dola Jean Young, Legal Department, Houston, TX, for Defendant.
The plaintiff, Kathy Matthews, sued her former employer, the City of Houston, where she had worked for the Fire Department in the Finance and Administrative Division. She was fired in 2006. In this suit, filed in 2007, Matthews alleges that she was subjected to race, sex, age, and disability discrimination and a hostile work environment, and retaliation for filing complaints and for filing a workers' compensation claim. Matthews also sued two supervisors, David Swan and Jack Williams. She asserted claims under Title VII, 42 U.S.C. § 2000e et seq., the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.; the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.; and the Texas statute on workers' compensation retaliation, Tex. Lab.Code Ann. § 451.001 et seq.
The defendants moved for summary judgment. (Docket Entry No. 40). The plaintiff responded with affidavits and "character declarations" as well as other submissions. (Docket Entry No. 39, 41, 42). The magistrate judge thoroughly reviewed the pleadings, the motions, responses, and replies; the evidence; and the applicable law, and recommended dismissing all the claims because the undisputed facts showed no basis for recovery, as a matter of law.
Matthews filed an objection to the Memorandum and Recommendation. In the objection, Matthews asked the court for a "complete review of all affidavits and any documents submitted to the courts, by me the plaintiff, Kathy L. Matthews." (Docket Entry No. 54). These documents are all public and have been available to Matthews. In the objections, she also requested an extension to file additional information or documents and to obtain legal counsel. This case has been on file for almost two years. Matthews has had ample opportunity to retain counsel and has previously moved for appointment of counsel, without success. With the objections, Matthews also submitted "character declarations," evaluations, medical information, and other documents, which appear to be copies of documents previously submitted and already part of the summary judgment record.
This court has reviewed the Memorandum and Recommendation of the magistrate judge signed on February 18, 2009, with the plaintiff's objection. This court has made a de novo determination of the recommended disposition. Rule 72(b), Fed.R.Civ.P.; 28 U.S.C. § 636(b)(1)(C); United States v. Wilson, 864 F.2d 1219 (5th Cir.1989). The court finds the Memorandum and Recommendation should be, and the same is hereby, adopted as the court's Memorandum and Order. The objections do not provide a legal or factual basis to reject the magistrate judge's analysis.
Accordingly, this court grants the defendants' summary judgment motion. Final judgment is entered by separate order.
This matter was referred by United States District Judge Lee H. Rosenthal for full pre-trial management, pursuant to 28 U.S.C. § 636(b)(1)(A) and (B). (Docket Entry # 21). Defendants have filed a motion for summary judgment, under Rule 56(c) of the Federal Rules of Civil Procedure. (Defendant City of Houston's Amended Motion for Summary Judgment ["Defendants' Motion"], Docket Entry # 40). Defendants ask for a judgment in their favor on Plaintiff's race, sex, age, and disability discrimination claims, as well as her state law claim for retaliation under the applicable workers' compensation statute. In response, pro se Plaintiff Kathy Matthews ["Plaintiff," "Matthews"] has provided various affidavits and "character declarations," and Defendants have replied. (Affidavit of Ivis Johnson, Docket Entry # 39; Affidavits of Character Declaration, Docket Entry # 41; Amended Affidavit of Charles Loving, Docket Entry # 42; Defendant's Reply to Plaintiff's Response to Defendant's Amended Motion for Summary Judgment ["Defendants' Reply"], Docket Entry # 48). After a review of the motion and responses, the evidence provided, and the applicable law, it is RECOMMENDED that Defendants' motion be GRANTED.
This case arises out of Matthews' former employment with the City of Houston ("the City"). While the precise facts are difficult to glean, it appears that Plaintiff was first hired, in 1991, by the City's housing and community development office, although it is not clear from the record which position she held. (Deposition of Kathy Matthews ["Matthews Deposition"] 72:3-4, Docket Entry # 40). In 2000, she was apparently promoted and transferred to the Finance and Administrative Division of the Houston Fire Department. (Id. 72:9-22). Matthews, an African-American woman in her forties, claims that, while working at the fire department, the City discriminated against her because of her race, sex, age, and disabilities. She is explicit in complaining that the City unlawfully assigned her to menial duties, excluded her from meetings, gave her poor work evaluations and unfair reprimands, and, ultimately, terminated her.
While employed with the fire department, Matthews was classified as a "Management Analyst II," a position she describes as "floating," and which required her to do "whatever they asked me to do to reorganize that department." (Id. 72:19-74:22), In that position, Plaintiff allegedly conducted research and reported on the department's budget and inventory. (Id.). Occasionally, Plaintiffs research required her to visit the department warehouse with other management analysts. (Id. 87:11-16). In addition to conducting research and working in the warehouse, Plaintiff testified that, unlike other employees, she was required to "clean up the file cabinets," and "put[] together cell phones." (Matthews Deposition 23:12-20; Transcript of September 24, 2008 Status Conference ["Conference Transcript"] 18:17-20, Docket Entry # 51). She was also reportedly required to attend division meetings, as part of her job, but she complains that she was excluded from major budget and planning meetings. (Matthews Deposition 18:16-21). In making her claims, Matthews alleges that she was forced to work in the warehouse, assigned "demeaning" duties, and was excluded from critical meetings on the basis of her race, sex, and age.
Matthews also complains, however, that she was discriminated against because of her physical impairments. While working at the City, Matthews was diagnosed with two physical ailments, which are allegedly relevant to her claims before this court. In October 2002, she was diagnosed as suffering from sleep apnea, which she claims caused her to "los[e] so many seconds of breathing" at night that she was at risk for strokes. (Matthews Deposition 80:3-23). She also claims that this condition made her apt to fall asleep during the work day. (Id.). Following this diagnosis, Matthews took medical leave, from October 2, 2002, until early December 2002, "out of fear for possibl[y] having a stroke." (Matthews Deposition 80:15-23). The following year, in May 2003, Matthews was diagnosed as suffering from carpal tunnel syndrome. (Matthews Deposition 95:4-6). She applied for workers' compensation because of that condition, but the Texas Workforce Commission denied her claim. (Matthews Deposition 51:22-52:4). In her present lawsuit, Matthews alleges that the Commission denied her claim because her supervisor, Defendant David Swan, falsely reported that the City did not receive timely notice of her injury.
Several of Matthews' other complaints also stem from her relationship with David Swan. On January 9, 2004, Swan issued a written reprimand to Matthews "for failure to comply with the City of Houston Fire Department Rules and Regulations." (Ex. 6 to Defendants' Motion). In that reprimand, Swan stated that he had "witnessed inappropriate behavior between a co-worker, Yolanda Johnson," and Matthews. (Id.). Allegedly, the women had raised their "voices at each other while ... discussing a work related issue." Swan described Matthews' demeanor as "so aggressive that [Swan] had to repeatedly ask [her] to calm down." (Id.). Swan wrote that "[t]his is not the first instance you have exhibited inappropriate behavior toward other employees, both in the work area and in meetings." (Id.). In the reprimand, Swan also referenced Matthews' low performance evaluations for "Interpersonal skills," and a separate incident three months earlier, in which Matthews' "behavior was so unprofessional that we had to stop the meeting, [and] spend a few minutes getting you to calm down." (Id.). Plaintiff was warned that "[t]his type of argumentative and accusatory behavior" could lead to "further disciplinary action up to and including" termination. (Id.). Plaintiff appealed the reprimand through the City's grievance process, and to the Office of the Inspector General. (Ex. 10 to Defendants' Motion). Both appeals were unsuccessful. (Ex. 8 to Defendants' Motion; Ex. 11 to Defendants' Motion).
Two months after the reprimand was sustained, Swan issued a performance evaluation for Matthews' work, from July 2003, through February 2004. (Ex. 9 to Defendants' Motion). Swan rated Plaintiff in 16 different areas, on a scale of one to five, in which one represented "unacceptable" performance, two represented "needs improvement," three represented "acceptable," four represented "strong," and five represented "outstanding" work. (Id.). Plaintiff did not receive a five in any category, and she received only two fours, one for "punctuality," and one for "safety awareness." (Id....
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