Pate v. Chilton Cnty. Bd. of Educ.

Decision Date04 January 2012
Docket NumberCase No. 2:09–CV–1172–WKW.
Citation853 F.Supp.2d 1117,283 Ed. Law Rep. 277
PartiesSandy R. PATE, et al., Plaintiffs, v. CHILTON COUNTY BOARD OF EDUCATION, et al., Defendants.
CourtU.S. District Court — Middle District of Alabama

OPINION TEXT STARTS HERE

Candis Annette McGowan, Jacob A. Kiser, Wiggins, Childs, Quinn & Pantazis, Birmingham, AL, Monica Leonette Arrington, Arrington & Associates, Montgomery, AL, for Plaintiffs.

Mark Seymour Boardman, Boardman Carr Hutcheson & Bennett PC, Chelsea, AL, Alicia Fritz Bennett, Boardman Carr

Hutcheson & Bennett PC, Chelsea, AL, for Defendants.

MEMORANDUM OPINION AND ORDER

W. KEITH WATKINS, Chief Judge.

Plaintiffs Sandy R. Pate and Cynthia Stewart (Teachers 1) bring this gender discrimination and retaliation action against Defendant Chilton County Board of Education (CCBOE), Keith Moore, the former superintendent of the CCBOE, and Joe Mims, Ann Glasscock, Howard Daugherty, Chris Davis, Curtis Smith, Ann Thomas, and George Walker, the board members of the CCBOE (“individual defendants), under Title VII of the Civil Rights Act, 2 and supposedly under 42 U.S.C. §§ 1981 and 19833 for alleged gender discrimination against Ms. Pate and Dr. Stewart in hiring and personnel practices and for retaliation.

The case is before the court on the CCBOE's motion for summary judgment (Docs. # 31–33). Teachers have responded to this motion (Docs. # 38, 39, 41) and the CCBOE has replied (Doc. # 45). The summary judgment motion has been fully briefed and is ready for disposition. Both parties have filed motions to strike evidence cited in the pending motion for summary judgment; those motions have been denied as moot in a separate order entered this same date. 4 The CCBOE also has a motion to submit supplemental summary judgment argument, which has separately been denied as moot.5

Upon careful consideration of the briefs, the relevant law, and the record as a whole, the court finds that the 42 U.S.C. § 1983 claims alleging violations of § 1981 and Title VII are due to be dismissed, and the CCBOE's motion for summary judgment is due to be granted on the Title VII claims.

I. JURISDICTION AND VENUE

Subject matter jurisdiction is exercised pursuant to 28 U.S.C. §§ 1331 and 1343, as well as 42 U.S.C. § 2000e, et seq. The parties do not contest personal jurisdiction or venue, and the court finds adequate allegations in support of both.

II. STANDARD OF REVIEW

“Summary judgment is appropriate ‘if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.’ Greenberg v. BellSouth Telecomms., Inc., 498 F.3d 1258, 1263 (11th Cir.2007) ( per curiam ); Fed.R.Civ.P. 56(a). The party moving for summary judgment “always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of [the record, including pleadings, discovery materials and affidavits], which it believes demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The movant may meet this burden by presenting evidence indicating there is no dispute of material fact or by showing that the nonmoving party has failed to present evidence in support of some element of its case on which it bears the ultimate burden of proof. Id. at 322–24, 106 S.Ct. 2548.

If the movant meets its evidentiary burden, the burden shifts to the nonmoving party to establish, with evidence beyond the pleadings, that a genuine issue material to each of its claims for relief exists. Fed.R.Civ.P. 56(c); Celotex Corp., 477 U.S. at 324, 106 S.Ct. 2548;Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11th Cir.1991). What is material is determined by the substantive law applicable to the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). “The mere existence of some factual dispute will not defeat summary judgment unless that factual dispute is material to an issue affecting the outcome of the case.” McCormick v. City of Fort Lauderdale, 333 F.3d 1234, 1243 (11th Cir.2003) ( per curiam ) (internal quotation marks and citation omitted).

A genuine issue of material fact exists when the nonmoving party produces evidence that would allow a reasonable fact-finder to return a verdict in its favor. Greenberg, 498 F.3d at 1263;Waddell v. Valley Forge Dental Assocs., 276 F.3d 1275, 1279 (11th Cir.2001). However, if the evidence on which the nonmoving party relies “is merely colorable, or is not significantly probative, summary judgment may be granted.” Anderson, 477 U.S. at 249–50, 106 S.Ct. 2505 (citations omitted). “A mere ‘scintilla’ of evidence supporting the [nonmovant's] position will not suffice; there must be enough of a showing that the [trier of fact] could reasonably find for that party,” Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir.1990), and the nonmoving party “must do more than simply show that there is some metaphysical doubt as to the material facts,” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Conclusory allegations based on subjective beliefs are likewise insufficient to create a genuine issue of material fact and do not suffice to oppose a motion for summary judgment. Holifield v. Reno, 115 F.3d 1555, 1564 n. 6 (11th Cir.1997) ( per curiam ). Hence, when a plaintiff fails to set forth specific facts supported by appropriate evidence sufficient to establish the existence of an element essential to his case and on which the plaintiff will bear the burden of proof at trial, summary judgment is due to be granted in favor of the moving party. Celotex Corp., 477 U.S. at 323, 106 S.Ct. 2548.

The well-settled summary judgment standard is not altered in the employment discrimination context. Ultimately, trial courts should not treat discrimination differently from other ultimate questions of fact.’ Chapman v. AI Transp., 229 F.3d 1012, 1026 (11th Cir.2000) (en banc) (quoting Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 148, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000) (discussing employment discrimination review under Federal Rule of Civil Procedure 50)). Therefore, “the summary judgment rule applies in job discrimination cases just as in other cases. No thumb is to be placed on either side of the scale.” Id.

On summary judgment, the facts must be viewed in the light most favorable to the nonmovant. See Lee v. Ferraro, 284 F.3d 1188, 1190 (11th Cir.2002). Hence, “the ‘facts, as accepted at the summary judgment stage of the proceedings, may not be the actual facts of the case.’ Id. (quoting Priester v. City of Riviera Beach, 208 F.3d 919, 925 n. 3 (11th Cir.2000)).

III. FACTUAL AND PROCEDURAL BACKGROUND

This case arises out of selections for administrative positions that the CCBOE made in the summer of 2008. The facts, construed in the light most favorable to Teachers, follow.

A. The Chilton County Board of Education

Chilton County is known for its peaches, beautiful landscape, and small town atmosphere. It is home to around forty thousand people.6 Chilton County's public schools serve the educational needs of Chilton County's children, and are administered by the CCBOE. The CCBOE consists of seven members.7 During the relevant events in this case, the Superintendent of the CCBOE was Keith Moore. (Doc. # 39, Ex. 2 at 10.) Mr. Moore had the authority and responsibility for the daily operations, management, control, supervision, and regulation of the CCBOE. (Doc. # 39, Ex. 2 at 10, 29.)

The employment practices of the CCBOE are at issue. The CCBOE does not conduct a review of the job applicants or their files. (Doc. # 39, Ex. 2 at 43–44.) Instead, the hiring process involves a committee selected by the CCBOE, which reviews the applications and conducts interviews, and then makes recommendations to the Superintendent for filling the positions. (Doc. # 33, Ex. 1, ¶¶ 3, 4; Ex. 2, ¶¶ 5, 10; Ex. 3, ¶ 3; Ex. 4, ¶ 3.) The members of the hiring committee for the Teachers were Superintendent Keith Moore, Willie Mae White, Carol Easterling, and Myra Davis.8 (Doc. # 33, Ex. 1, ¶ 4; Ex. 2, ¶¶ 5, 10; Ex. 3, ¶ 3; Ex. 4, ¶ 3.) While the CCBOE was made aware of who was being recommended for a position, the Board was not informed about the identity of other applicants or their credentials. (Doc. # 39, Ex. 2 at 29–31.)

Upon receiving the recommendation of the committee, Mr. Moore in turn made recommendations for all employment actions, including hirings and transfers, to the full CCBOE for approval or disapproval. (Doc. # 39, Ex. 2 at 10, 29.) Mr. Moore had complete discretion on whom to recommend for employment, and the process he would use to make that decision. (Doc. # 39, Ex. 2 at 47.) The CCBOE's general practice was to vote for the person the Superintendent recommended. (Doc. # 39, Ex. 2 at 33–34.) Mr. Moore could not recall one instance in which the CCBOE rejected his recommendation for employment. (Doc. # 39, Ex. 2 at 47.)

B. Ms. Pate's Claims

Ms. Pate alleges that she was discriminated against by the CCBOE on the basis of being female when she applied for the transportation supervisor position and was denied that position. (Doc. # 1 at 11–12.) She is a female with over twenty years of experience as a teacher, and she had approximately four years experience as a licensed substitute bus driver for the Chilton County Schools. (Doc. # 1 ¶¶ 18–22.)

Currently, Ms. Pate is a sixth grade teacher and a full-time bus driver. (Doc. # 39, Ex. 7 at 16–19.) She holds a Education Specialists Degree, Ed. S., with a 4.0 G.P.A. in all of her graduate level work. (Doc. # 39, Ex. 7 at 20.) Ms. Pate also holds a Certification in School Administration from the University of Montevallo. (Doc. # 39, Ex. 7 at 20.) She is also actively involved in her school...

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