McCottry v. Runyon, 1:95 CV 1564.
| Decision Date | 07 October 1996 |
| Docket Number | No. 1:95 CV 1564.,1:95 CV 1564. |
| Citation | 949 F.Supp. 527 |
| Parties | Melvin T. McCOTTRY, Plaintiff, v. Marvin RUNYON, Postmaster General, U.S. Postal Service, Defendant. |
| Court | U.S. District Court — Northern District of Ohio |
Robert S. Bauders, Cleveland, OH, for Melvin T. McCottry.
Marlon A. Primes, Office of U.S. Attorney, Cleveland, OH, for Marvin T. Runyon.
This case is before this Court upon the Federal Defendant's Motion to Dismiss and/or Motion for Summary Judgment. (Doc. # 6). Plaintiff has filed both a Memorandum in Response (Doc. # 14) and a Memorandum in Opposition to Defendant's Motion to Dismiss and/or Motion for Summary Judgment. (Doc. # 39). The matter is now fully briefed and ready for decision by this Court.1
Plaintiff filed this case on July 19, 1995. In his Complaint, Plaintiff contends that "he was unlawfully denied reinstatement as a career employee and denied reappointment as a transitional employee because Defendant regarded him as disabled." (Compl. p. 1).2 Plaintiff contends that the actions of the Defendant constituted violations of § 501 of the Rehabilitation Act of 1973, 29 U.S.C. § 791; and § 504 of the Rehabilitation Act, 29 U.S.C. § 794. (Compl. ¶ 13). Specifically, Plaintiff claims that the Defendant did not reappoint him because he had suffered a "broken leg" and therefore the Defendant "regarded him" as a handicapped individual. Plaintiff contends that there exists evidence to show that the actual reason Defendant did not reappoint Plaintiff was that Defendant had a policy of not reappointing anyone who had an accident on the job. In support of this contention, Plaintiff has presented the deposition testimony of several management personnel of Defendant. These individuals testified that it was general departmental practice to review the safety records of transitional employees and not reappoint those who had accidents on the job. Furthermore, it is Plaintiff's contention that Defendant's decision to not reappoint Plaintiff resulted in a disparate impact and/or treatment of handicapped individuals.
Defendant has filed its Motion for Summary Judgment claiming that the undisputed evidence shows that Plaintiff does not meet the definition of a "handicapped individual" as that term is defined by the Rehabilitation Act of 1973. In addition, the Defendant claims that the discretionary decision to not reappoint Plaintiff was based upon several non-discriminatory factors. Defendant claims that Plaintiff was not reappointed after consideration of; 1) his past employment record; 2) his service as a mailhandler in Arizona; 3) his performance during the period of his transitional employment; 4) his safety record; and, 5) the Plaintiff's poor attitude evidenced by his difficulties with his supervisor in regard to work/hour issues.
In determining whether summary judgment is to be granted, the court must consider only that evidence which is properly before it. Summary judgment is appropriate where the court is satisfied "that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." FED.R.CIV.P. 56(c). The burden of showing the absence of any such "genuine issue" rests with the moving party:
[A] party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of `the pleadings, depositions answers to interrogatories, and admissions on file, together with affidavits, if any,' which it believes demonstrates the absence of a genuine issue of material fact.
Celotex v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986) (citing FED.R.CIV.P. 56(c)). The court will view the summary judgment motion "in the light most favorable to the party opposing the motion." U.S. v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962), see also U.S. v. Hodges X-Ray, Inc., 759 F.2d 557, 562 (6th Cir.1985).
Summary judgment should be granted if a party who bears the burden of proof at trial does not establish an essential element of their case. Tolton v. American Biodyne, Inc., 48 F.3d 937, 941 (6th Cir.1995) (citing Celotex, 477 U.S. at 322, 106 S.Ct. at 2552). Accordingly, "[t]he mere existence of a scintilla of evidence in support of the plaintiff's position will be insufficient; there must be evidence on which the jury could reasonably find for the plaintiff." Copeland v. Machulis, 57 F.3d 476, 478 (6th Cir.1995) (quoting Anderson v. Liberty Lobby, 477 U.S. 242, 248-49, 106 S.Ct. 2505, 2510-11, 91 L.Ed.2d 202 (1986)). Moreover, if the evidence presented is "merely colorable" and not "significantly probative," the court may decide the legal issue and grant summary judgment. Anderson, 477 U.S. at 249-50, 106 S.Ct. at 2510-11 (citation omitted).
Once the moving party has satisfied its burden of proof, the burden then shifts to the nonmover. The nonmoving party may not simply rely on its pleadings, but must "produce evidence that results in a conflict of material fact to be solved by a jury." Cox v. Kentucky Department of Transportation, 53 F.3d 146, 149 (6th Cir.1995). The text of FED.R.CIV.P. 56(e) states:
When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial.
Id. The Federal Rules identify the penalty for the lack of such a response by the non-moving party as an automatic grant of summary judgment, where otherwise appropriate.
The district judge, in considering this type of motion, is to examine "[o]nly disputes over facts that might affect the outcome of the suit under governing law." Anderson, 477 U.S. at 248, 106 S.Ct. at 2510. The court will not consider non-material facts, nor will it weigh material evidence to determine the truth of the matter. Id. at 249, 106 S.Ct. at 2510-11. The judge's sole function is to determine whether there is a genuine factual issue for trial; this does not exist unless "there is sufficient evidence favoring the non-moving party for a jury to return a verdict for that party." Id.
In sum, proper summary judgment analysis entails:
"... the threshold inquiry of determining whether there is the need for a trial — whether, in other words, there are any genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party."
Plaintiff's claims are founded on the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. The Rehabilitation Act is designed to deter discrimination on the basis of disability by all federally funded private or public entities. In order to maintain a prima facie case the Rehabilitation Act "entails a showing that the Plaintiff was an otherwise qualified handicapped person apart from his handicap, and was rejected under circumstances which give rise to the inference that his rejection was based solely on his handicap." Jasany v. United States Postal Service, 755 F.2d 1244, 1250 (6th Cir.1985); Doherty v. Southern College of Optometry, 862 F.2d 570 (6th Cir. 1988).
Therefore, the threshold determination in any case brought under the Rehabilitation Act is whether the Plaintiff is a "handicapped individual." The Rehabilitation Act defines a "handicapped individual" as any person who:
(i) has a physical or mental impairment which substantially limits one or more of such person's major life activities,
(ii) has a record of such an impairment, or
(iii) is regarded as having such an impairment.
29 U.S.C. § 706(7)(B).
The burden is on the Plaintiff to establish the existence of an impairment that substantially limits a major life activity as an element of his prima facie case. Jasany, at 1249.
The undisputed facts in this case show that on November 14, 1992, Plaintiff obtained a three-hundred and fifty-nine (359) day appointment as a transitional letter carrier at the United States Postal Service facility in Cleveland, Ohio. Plaintiff suffered a broken leg when he slipped and fell at work on March 18, 1993. As a result of his leg fracture, Plaintiff was temporarily unable to work. During this time, on May 17, 1993, Plaintiff requested reinstatement as a full time career employee or reappointment as a transitional letter carrier. The parties do not dispute that the broken leg resolved itself by June 30, 1993 and Plaintiff returned to full duty work on July 1, 1993. Thereafter, on October 28, 1993 and November 4, 1993, the Defendant denied Plaintiff's requests for reappointment and reappointment, respectively.
Contrary to the assertions set forth by Plaintiff, "intermittent, episodic impairments are not disabilities, the standard example being a broken leg." 29 C.F.R. § 1630.2(j); see also, Roush v. Weastec, Inc., 96 F.3d 840 (6th Cir.1996); Vande Zande v. State of Wisconsin Dept. of Admin., 44 F.3d 538 (7th Cir.1995); Evans v. City of Dallas, 861 F.2d 846, 852-853 (5th Cir.1988).
29 U.S.C. § 706(26)(B) sets forth the definition of "disability", as follows:
"(B) ... a physical or mental impairment that substantially limits one or more major life activities."
The term "major life activity" means, "functions, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working." 29 C.F.R. § 1613.702(c). Plaintiff has failed to present any evidence regarding the severity, duration or permanence of his condition that would lead this Court to find that it substantially limits Plaintiff in any manner. Moreover, he has failed to allege that any of his major life activities were "substantially limited" by his broken leg. On the contrary, Plaintiff concedes that his broken...
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