Moore v. Mason Cnty.
| Decision Date | 04 September 2018 |
| Docket Number | CIVIL ACTION NO. 16-185-DLB-CJS |
| Parties | ROBERT L. MOORE PLAINTIFF v. MASON COUNTY, KENTUCKY, et al. DEFENDANTS |
| Court | U.S. District Court — Eastern District of Kentucky |
This matter is before the Court upon Defendants Mason County and Mason County Detention Center's Motion for Summary Judgment, seeking judgment as a matter of law on Plaintiff Robert L. Moore's employment-discrimination claims under the Rehabilitation Act of 1973 and the Kentucky Civil Rights Act ("KCRA"). In their Motion, Mason County (the "County") and the Mason County Detention Center (the "Detention Center") argue that Moore has not sued the proper parties and has failed to create a genuine issue of material fact regarding whether the Defendants violated the Rehabilitation Act or the KCRA. The Court has federal-question jurisdiction over this matter pursuant to 28 U.S.C. § 1331 and supplemental jurisdiction under 28 U.S.C. § 1367.
In approximately 1992 or 1993, Plaintiff Robert Moore began working at the Mason County Detention Center as a deputy jailer. (Doc. # 38-15 at 13:15-20). At some point in 1997, Moore's employment with the Detention Center was terminated because of his allegedly insufficient supervision of juvenile detainees. Id. at 14:11-18. Roughly three years later—in 2000—Moore was rehired and resumed working as a deputy jailer at the Detention Center. Id. at 16:2-12. Moore's second stint at the Detention Center lasted approximately fifteen years, until his termination in October of 2015. Id. at 20:19-23.
In Kentucky, the Jailer—a constitutionally elected county official—has "custody, rule and charge of the jail" or detention center in his or her county and "of all persons in the jail." Ky. Const. § 99; Ky. Rev. Stat. Ann. § 71.020. Over the approximately twenty-two years Moore was employed at the Detention Center, he served under several different Jailers. Id. at 17:9-18:5. The last Jailer that Moore worked for—Lisa O'Hearn—was elected in November of 2014 and took office in January of 2015. (Doc. # 38-17 at 11:10-17).
When Jailer O'Hearn assumed office, Moore's duties as a deputy jailer revolved around the recycling center. (Doc. # 38-15 at 29:1-32:4). Specifically, Moore was responsible for transporting inmates to the recycling center and supervising them as they sorted through recycled waste products. Id. When serving in his recycling-center role, Moore estimates that he was in the Detention Center for only forty-five minutes per day. Id. at 35:25-36:1. A few months into her term, Jailer O'Hearn determined that it was unnecessary for a deputy jailer to transport and supervise inmates at the recycling center because the recycling center's staff had been trained through the Department of Corrections. (Docs. # 38-17 at 38:20-25; 38-15 at 37:4-38:21). After Moore's recycling-center position was eliminated, Moore's duties shifted back to the Detention Center and, at least for a short time, Moore performed the typical duties of a deputy jailer, including assisting with the booking process and operating the control room. (Doc. # 38-15 at 41:11-23).
The parties' primary dispute involves the Detention Center's control room. On one issue, however, the parties agree—the control room is a central and critical part of the Detention Center. (Docs. # 38-15 at 42:21; 38-16 at 26:13-18; 38-17 at 25:16-21; 38-18 at 31:15-32:6) (describing the control room as the "heartbeat of the jail," "the nerve center of the jail," "the brain of the facility," and "the heart of the jail."). The control-room operator answers the phone, observes the happenings in the Detention Center, relays important information to the deputies on the floor, assists deputies in moving throughout the facility, and ensures deputies' and inmates' safety if there is a disturbance. (Docs. # 38-15 at 42:14-16; 38-16 at 26:13-27:11). And in the case of an evacuation or emergency, the control-room operator is the last person to exit the Detention Center. (Docs. # 38-15 at 46:16-20; 38-17 at 33:16-21).
Historically, the control-room operator was a rotating position throughout each shift. (Doc. # 38-16 at 27:12-28:10). Because the Detention Center was staffed on a "platoon" system, one sergeant and several deputy jailers were scheduled for each twelve-hour shift. Id. at 37:3-9. In turn, the shift sergeant assigned each deputy jailer to their particular post—booking officer, floor officer, control-room operator, or relief rover—and typically, the deputies would rotate among those positions during the course of their twelve-hour shift. Id. at 37:10-21. Therefore, individual deputies were not scheduled for a specific shift or assigned to a particular position; instead, deputy jailers' shifts were dictated by their platoon, their position assignments were determined by their sergeant, and their responsibilities rotated throughout their shift. Id.
In theory, every deputy jailer "would take a turn in the control room" during each twelve-hour shift. (Doc. # 38-17 at 31:12-25). In practice, however, the rotating natureof the control-room-operator position varied slightly. The record evidence establishes that before Jailer O'Hearn assumed office, her predecessor had permitted Daniel Brent, an elderly deputy jailer referred to as "Pops," to work exclusively in the control room for a "couple of years." (Doc. # 38-16 at 31:20-32:8). But, by the time Jailer O'Hearn took over the Detention Center, the rotation of the control-room-operator position had recommenced and Jailer O'Hearn had made cross-training deputies on the various positions one of her top priorities. Id. at 32:14-33:1, 72:9-73:1.
After his recycling-center position was eliminated, Moore claims that he overheard Jailer O'Hearn and Chief Deputy Muse discussing Moore's situation and the possibility of assigning him to Pops's prior position. (Doc. # 38-15 at 39:18-40:2). Apparently, Moore's "legs" were "bad" and there was doubt as to his ability to rotate among the various responsibilities of a deputy jailer. Id. Shortly thereafter, Moore alleges that he was "appointed" control-room operator and that he worked in the control room exclusively for approximately six months. Id. at 21:4-8, 39:18-40:25.
The Defendants challenge Moore's characterization of his duties as a deputy jailer and contend that the control-room operator is not a distinct position. (Doc. # 32-1 at 2). Specifically, Jailer O'Hearn testified in her deposition that she found it "hard to believe" that Moore was scheduled to work exclusively in the control room because she remembered Moore performing other tasks—supervising inmates shovel snow, for example—but conceded that it was "possible." (Doc. # 38-17 at 40:2-25). Stephanie Wood, who served as one of Jailer O'Hearn's chief deputies, testified that she did not recall the control-room position being assigned to any particular person during her time at the Detention Center. (Doc. # 38-18 at 32:10-16). Jerry Muse, who also served asone of Jailer O'Hearn's chief deputies for several months, testified that the control-room position was a "rotating" position, but also indicated that Moore worked in the control room exclusively, at least for some period of time.1 (Doc. # 38-16 at 32:14-33:1; 33:23-34:1; 39:8-40:15).
Although it is unclear whether Moore worked exclusively as the control-room operator, and if so, how long, it is clear that Moore last worked at the Detention Center in late July of 2015. On July 20, 2015, Moore requested leave under the Family and Medical Leave Act ("FMLA") after sustaining a back injury outside of work. (Docs. # 38-12; 38-15 at 49:1-5). Moore's FMLA leave commenced on July 31, 2015, and he was scheduled to return on October 22, 2015. (Doc. # 38-1). During the course of his treatment for his back injury, Moore was diagnosed with arthritis on his left side and informed that he would need to undergo hip-replacement surgery.2 (Doc. # 38-15 at 51:19-54:14).
As his FMLA leave came to an end, Moore obtained a "return-to-work" note from his doctor, that included several physical limitations. Id. at 60:4-14. Although Moore believed that none of his physical limitations prevented him from working in the control room exclusively, Jailer O'Hearn indicated that Moore's physical limitations rendered him unable to perform the duties of a deputy jailer. Id. at 60:16-61:15. After their conversation, Jailer O'Hearn provided Moore with a "Fit for Duty" form. (Docs. # 38-2; 38-15 at 61:16-62:5). Moore then filled out the form, indicating what he could and could not do, had his doctor sign off on the form, and returned the form to Jailer O'Hearn. (Doc.# 38-15 at 61:16-65:6). On the form, Moore indicated that he was capable of "physically respond[ing] to an emergency situation" and "evacuat[ing] inmates from the building," but was unable to "bend over," "lift persons/inmates," "run," "walk swiftly," "physically disrupt fights," "go hands on with others," "physically restrain inmates," and "engage in forced movements of inmates." (Doc. # 38-2). Although Moore argues that the Detention Center formulated the "Fit for Duty" form with his specific limitations in mind and did not require other deputy jailers to confirm that they were fit for duty (Doc. # 38 at 14-15), the Defendants assert that each of the physical requirements listed on the form are necessary to perform the typical duties of a deputy jailer, rotating into each position.3 (Doc. # 38-17 at 51:19-57:14).
Upon reviewing Moore's "Fit for Duty" form, Jailer O'Hearn informed Moore that there were no positions at the Detention Center that he could perform with his physical limitations. (Doc. # 38-15 at 65:11-66:2). Moore requested to work in the control room exclusively, but Jailer O'Hearn denied that request because the control-room-operator position was a "rotating position," rather than "an isolated position." (Doc. # 38-17...
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