Mims v. Carrier Corp.

• Citation: 88 F.Supp.2d 706
• Decision Date: 24 March 2000
• Docket Number: No. 6:98CV492.,6:98CV492.
• Parties: Quentin T. MIMS, Plaintiff, v. CARRIER CORPORATION, et al., Defendants.
• Court: U.S. District Court — Eastern District of Texas

88 F.Supp.2d 706

Quentin T. MIMS, Plaintiff, v. CARRIER CORPORATION, et al., Defendants.

No. 6:98CV492.

United States District Court, E.D. Texas, Tyler Division.

March 24, 2000.

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Linda Ann Altier, Altier Law Offices, Tyler, TX, Sten Marti Langsjoen, Attorney at Law, Tyler, TX, for plaintiff.

Stephen Cass Weiland, Sheinfeld Maley & Kay, Dallas, TX, for defendants.

ORDER ON SUMMARY JUDGMENT

STEGER, District Judge.

Came on this day to be considered Defendants' Motion for Summary Judgment and Supporting Brief (Docket No. 39) and Counter-Plaintiff Bob Chauvin's Motion for Summary Judgment and Supporting Brief (Docket No. 41). After careful consideration, the Court is of the opinion that the following order should issue.

The plaintiff employee alleges hostile work environment sexual harassment and retaliation under Title VII of the Civil Rights Act of 1964 as well as intentional infliction of emotional distress under Texas law against the defendant company. The defendant has moved for summary judgment on all claims. Bob Chauvin, an individual defendant, has also moved for summary judgment on his counterclaims of malicious prosecution and abuse of process.

FACTS AND PROCEDURAL HISTORY

The plaintiff, Quentin T. Mims ("Mims"), is a resident of Tyler, Texas, and is employed by the defendant company. First Amended Original Complaint [sic] ("Complaint") (Docket No. 50) at ¶ 9. The defendant, Carrier Air Conditioning ("Carrier"), is a Delaware corporation doing business under the laws of the State of Texas and domiciled in Tyler, Texas. Complaint at ¶ 10.

Mims began working for Carrier on June 5, 1984, and worked in its Tyler facility. Complaint at ¶ 14, Mims Deposition at p. 9. He was eventually assigned to work in the Press Shop, location 853, where he remains to this day as a press operator. Complaint at ¶ 15, Mims Deposition at p. 14.

Carrier employees, including Mims, are governed by a collective bargaining agreement ("CBA") for purposes of compensation and terms of employment. Affidavit of Jim Damron ("Damron Affidavit"), attached as Exhibit 2 to the Defendant's Motion for Summary Judgment ("Motion"), at ¶ 4; Mims Deposition at p. 14. The defendants aver that no supervisor has authority to alter an hourly employee's terms or conditions of employment, and movement among job classifications is governed by seniority. Damron Affidavit at ¶ 4; Mims Deposition at p. 15. Since 1992, the plaintiff has received wages at Labor Grade 6 and has received incentive pay, holiday pay, and benefits pursuant to the CBA. Damron Affidavit at ¶ 4.

In May 1996, Linda Lowden ("Lowden") reported Mims for what she believed to be sexual harassment based on inappropriate comments and touching. Affidavit of Linda Lowden ("Lowden Affidavit"), attached as Exhibit 3 to the Motion, at ¶ 3. Following an investigation by Damron and Lowden's supervisor, Defendant Carlos Wilson, Mims was suspended for one week from June 3-10, 1996. Damron Affidavit at ¶ 5; Affidavit of Carlos Wilson ("Wilson Affidavit"), attached as Exhibit 4 to the Motion, at ¶ 3.

The plaintiff now contends that, while working in the press shop, the individual defendants, Wilson and Wayne Harrison, began to make offensive and unwelcome sexual comments and gestures toward the plaintiff. Complaint at ¶ 15. Specifically, Mims alleges that these individual defendants suggested that he was engaging in homosexual conduct with male co-worker Kelly Ray. Complaint at ¶ 15. These remarks were purportedly made in the presence of Mims and several of his co-workers, at times accompanied by graphic and offensive body gestures. Complaint at ¶ 15; Mims Deposition at p. 55-56, 62-65, 71-74, 81-82, 87-89; Affidavit of Quentin Mims ("Mims Affidavit"), attached as Exhibit A to the plaintiff's Response to Motions for Summary Judgment (Docket No. 46), at p. 1. The defendants assert that any teasing was initiated by jokes made by Mims. Mims Deposition at p. 56. The remarks allegedly caused Mims to seek medical care. Complaint at ¶ 15. Mims testified that the offensive comments started approximately in early 1996. Mims Deposition at p. 63-64.

The plaintiff reported this offensive behavior to his supervisors, including Defendant Bob Chauvin, as he believed it to be violative of company policy. Complaint at ¶ 16-18; Mims Affidavit at p. 2. The plaintiff further contends that, despite his complaints, the harassing, offensive conduct continued unabated. Complaint at ¶ 18. Mims believes that his supervisors intentionally allowed the offensive conduct and refused to stop it. Complaint at ¶ 18.

The plaintiff also alleges that, due to his complaint of harassment, Defendant Bob Chauvin began to retaliate against him by "generating and participating in unreasonable reprimands" of him. Complaint at ¶ 19. This retaliation included Chauvin's physical removal of Mims in December 1997 from a Carrier work facility in an "unwelcome, injurious and humiliating manner" by forcefully grabbing his wrist and elbow, bruising him. Complaint at ¶ 19; Mims Affidavit at p. 3. Though Mims claims he was simply talking with friends, Chauvin avers that the area supervisor asked him to remove Mims, as he was "distracting [the other employees] from their work." Affidavit of Robert Chauvin ("Chauvin Affidavit II"), attached as Exhibit 2 to Counter Plaintiff Bob Chauvin's Motion for Summary Judgment and Supporting Brief ("Counter Plaintiff's Motion"), at ¶ 3. Chauvin also states that he merely escorted Mims out of the building, and did not assault him in any way. Chauvin Affidavit II at ¶ 4-5.

The plaintiff also contends that this retaliation resulted in the following: the denial to the plaintiff of light-duty work by Defendant Chauvin in February 1998; the unreasonable suspension of the plaintiff without pay on one occasion; and the defendant's refusal to the plaintiff of work in the Tyler facility from February 1998 to June 1999. Complaint at ¶ at 19-20; Mims Affidavit at p. 3. Mims made a charge of discrimination to the Equal Employment Opportunity Commission (EEOC) in May of 1998. Complaint at 17; Mims Affidavit at p. 3.

Mims later filed a complaint concerning the December 1997 incident involving Chauvin with Mark Dunlap, then the Human Resources Manager at the plant, on January 15, 1998. Affidavit of Mark Dunlap ("Dunlap Affidavit"), attached as Exhibit 4 to Counter Plaintiff's Motion, at ¶ 3. Mims also went to the Tyler Police Department and filed a criminal complaint against Chauvin for criminal assault. Mims Deposition at pp. 137-38. Chauvin now complains that he was slandered by the criminal charge, and that it damaged his reputation among his co-workers. Chauvin Deposition at pp. 66-67. He further states that he left Carrier's Tyler plant because of the damage the incident caused to his career. Chauvin Deposition at p. 8.

On August 5, 1998, the plaintiff filed the instant cause of action, seeking damages, costs, and attorney's fees for his claims, including hostile work environment, discrimination, and emotional distress. Original Complaint (Docket No. 1).

On July 9, 1999, Mims' attorney, Linda Altier, sought leave to withdraw as counsel (Docket No. 27). The Court granted her request on July 20, 1999 (Docket No. 30). On September 13, 1999, Sten M. Langsjoen entered his notice of appearance as Mims's attorney (Docket No. 37).

On September 23, 1999, Carrier filed their motion for summary judgment as to all of the plaintiff's claims. On October 14, 1999, Defendant Bob Chauvin moved for summary judgment on his counterclaim. Both motions are now ripe for consideration.

STANDARD OF REVIEW

Carrier Air Conditioning, the defendant in this case, has moved for summary judgment. A party is entitled to summary judgment on all or any part of a claim "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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). Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). The moving party must show initially that there is no genuine issue of any material fact. Anderson, 477 U.S. at 256, 106 S.Ct. at 2514. The movant may meet this burden by pointing out the absence of evidence supporting any essential element of the non-moving party's claim. Celotex Corp. v. Catrett, 477 U.S. 317, 323-25, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986).

In deciding whether to grant a motion for summary judgment, the Court "review[s] the evidence and inferences to be drawn therefrom in the light most favorable to the nonmoving party." Duplantis v. Shell Offshore, Inc., 948 F.2d 187, 189 (5th Cir.1991) (citing Duvall v. The Ritz Carlton Hotel Co., 946 F.2d 418, 420 (5th Cir.1991), and quoting FED.R.CIV.P. 56(c)). An issue is "genuine" only if the evidence could lead a reasonable jury to return a verdict for the nonmoving party. Thomas v. Price, 975 F.2d 231, 235 (5th Cir.1992) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. at 255, 106 S.Ct. at 2513).

The opposing party may not rest on the mere allegations or denials of artful pleading, but must set forth affirmative facts that show a genuine issue for trial. Anderson, 477 U.S. at 256, 106 S.Ct. at 2514. This requires that the non-moving party make a showing sufficient to establish the existence of any element essential to that party's case, and on which that party will bear the burden at trial. Nowlin v. R.T.C., 33 F.3d 498, 501 (5th Cir. 1994) (citing Celotex, 477 U.S. at 322-23, 106 S.Ct. at 2552-553).

For the reasons set out below, the Court finds that there is no genuine issue as to any material fact and summary judgment is therefore proper in this case.

ANALYSIS

In relation to the defendant's motion for summary judgment, the Court will analyze the following claims of the plaintiff as well...