Pendleton v. Jefferson Local School Dist.
| Decision Date | 20 December 1990 |
| Docket Number | No. C2-88-878.,C2-88-878. |
| Citation | 754 F. Supp. 570 |
| Parties | Betty Jo PENDLETON, Plaintiff, v. JEFFERSON LOCAL SCHOOL DISTRICT, BOARD OF EDUCATION, et al., Defendants. |
| Court | U.S. District Court — Southern District of Ohio |
Grant Douglas Shoub, Columbus, Ohio, for plaintiff.
Larry Holliday James and Theodore Daniel Sawyer, Columbus, Ohio, for defendants.
This matter is before the Court pursuant to Defendant Jefferson Local School District, Board of Education's ("School District"), and Defendant Memorial Middle School Principal Donald Schiff's ("Schiff") respective motions for summary judgment. These motions are brought pursuant to Federal Rule of Civil Procedure 56.
This action was filed by Plaintiff Betty Jo Pendleton ("Pendleton") on August 19, 1988. The Complaint alleges actions taken by Schiff in the spring and summer of 1987, were in violation of 29 U.S.C. Section 794, as well as 42 U.S.C. Section 1983, based upon an alleged pattern of harassment which caused Pendleton's Multiple Sclerosis to worsen thereby forcing her to take disability leave. In addition to the federal complaint for damages and declaratory and injunctive relief, Pendleton also brings pendent jurisdictional claims sounding in intentional infliction of emotional distress and negligent infliction of emotional distress against Schiff, and a breach of contract claim against both Defendants.
Plaintiff, Betty Jo Pendleton, was diagnosed in 1964 as having Multiple Sclerosis, a progressive auto-immune disease. The Defendant, Jefferson Local School District was aware that the plaintiff had this disease when they hired her in 1966. Plaintiff was primarily an eighth grade math teacher from 1966 until she took disability leave with the State Teachers Retirement Plan in 1987.
On or about December 21, 1986, plaintiff fell at home and broke her pelvic bone. She returned to work part-time in February 1987 and resumed full-time work the following month.
Sometime prior to April 20, 1987 defendant Donald Schiff, the principal at Memorial Middle School, discussed the plaintiff's condition with the plaintiff's personal physician Dr. Martin Marcus. It is unclear from the record who initiated the communication. Plaintiff alleges defendant Schiff did so without her knowledge, approval, authorization or consent. Schiff counters by claiming the opposite. Subsequently on April 20, 1987, defendant Schiff met with plaintiff's husband, John Pendleton. Defendant indicated that Dr. Marcus told him that plaintiff was suffering from a psychosis resulting from plaintiff's prolonged use of legally-prescribed cortizone medication. Defendant Schiff also suggested accommodating any health problems by having the plaintiff teach part-time or teach a subject less strenuous than math.
Dr. Marcus has not been deposed, nor have affidavits been received from him. However, in the affidavit of Dr. James M. Parker, another physician of the plaintiff, Dr. Parker stated that he had examined the plaintiff on or about May 11, 1987 and observed no sign of psychosis. He thereafter sent a letter to defendant Schiff detailing his report. On or about May 15, 1987, defendant Schiff retracted his decision and decided to permit plaintiff to teach math full-time for the 1987-88 academic school year.
The uncontroverted facts are that on or about May 17, 1987, the plaintiff fell and broke her leg, necessitating surgery. Because of this injury the plaintiff missed the remainder of the school year.
When Mr. Schiff visited the plaintiff in the hospital the plaintiff suggested she interpreted certain comments that were made by the defendant to be unpleasant to her. One comment by the defendant was that, "you've the plaintiff really messed up now." Another comment was in response to plaintiff's offer to help students who had failed their math competency tests. Defendant replied, "It's on your conscience now, if they failed, they failed." Since these comments were not stated with an angry tone it is uncertain whether these comments were intended to be humorous, sarcastic or harassing.
The plaintiff was released from the hospital on or about May 29, 1987. Apparently toward the end of July, 1987, defendant Schiff repeatedly telephoned the plaintiff inquiring as to whether or not she would be returning to work for the upcoming school year. Plaintiff informed the defendant that she was awaiting her doctor's release. Dr. Parker felt that this allegedly persistent pattern of harassment and discriminatory treatment of the plaintiff directly caused an increase in the severity of the plaintiff's Multiple Sclerosis, compelling the plaintiff to request disability leave for the 1987-88 school year on August 25, 1987, and her subsequent filing of this action with the Court. It is with this in mind that the Court now looks at the defendant's motions for summary judgment.
In considering this motion, the Court is mindful that the standard for summary judgment "mirrors the standard for a directed verdict under Rule 50(a), which is that the trial judge must direct a verdict if, under the governing law, there can be but one reasonable conclusion as to the verdict." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) citing Brady v. Southern Ry. Co., 320 U.S. 476, 479-480, 64 S.Ct. 232, 234-235, 88 L.Ed. 239 (1943). Thus, the Supreme Court concluded in Anderson that a judge considering a motion for summary judgment must "ask himself not whether he thinks the evidence unmistakably favors one side or the other but whether a fair minded jury could return a verdict for the plaintiff on the evidence presented." 477 U.S. at 252, 106 S.Ct. at 2512.
Rule 56(c) of the Federal Rules of Civil Procedure provides in pertinent part:
The judgment sought shall be rendered forthwith 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 judgment as a matter of law.
In essence, the inquiry is whether the evidence presented a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law. Anderson, 477 U.S. at 252, 106 S.Ct. at 2512.
Such an inquiry necessarily implicates the evidentiary standard of proof that would apply at the trial on the merits. As a result, the Court must view the evidence presented through the prism of the substantive evidentiary burden. Rule 56(e) therefore requires that the nonmoving party go beyond the pleadings and by their own affidavits, or by the depositions, answers to interrogatories, and admissions on file, designate specific facts showing that there is a genuine issue for trial. Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). The plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish an element essential to that party's case, and one which that party will bear the burden of proof at trial. Id. at 322, 106 S.Ct. at 2552.
In Banks v. Rockwell International N. Am. Aircraft Operations, 666 F.Supp. 1053 (S.D.Ohio 1987) (J. Graham), this district enunciated the importance of granting summary judgments in appropriate situations by stating that: "Although summary judgment should be cautiously invoked, it is an integral part of the Federal Rules which are designed to secure the just, speedy and inexpensive determination of every action." Citing, Celotex Corp. v. Catrett, 477 U.S. at 324, 106 S.Ct. at 2553, (quoting Fed.R.Civ.P. 1) Anderson, 477 U.S. at 252, 106 S.Ct. at 2512.
Thus, the mere existence of a scintilla of evidence in support of a plaintiff's claim is insufficient — there must be evidence upon which a jury could reasonably find for the plaintiff. Having discussed the Rule 56 standard review, the Court now turns to the merits.
There are three requirements which must be satisfied in order to determine whether the plaintiff is afforded relief under 29 U.S.C. Section 794: (1) does 29 U.S.C. Section 794 create a private cause of action; (2) whether pursuant to 29 U.S.C. Section 794a(a)(2), the plaintiff is first required to exhaust her administrative remedies; and (3) whether there are genuine factual issues regarding the substance of the plaintiff's claim of handicap discrimination which precludes summary judgment. The Court will discuss each of these requirements seriatim.
L.Ed.2d 568 (1984), the Supreme Court clarified the scope of a private right of action to enforce Section 504 of the Rehabilitation Act of 1973, 87 Stat. 394 as amended, 29 U.S.C. Section 794 (1982 ed.). Section 504 provides:
No otherwise qualified handicapped individual in the United States, as defined in Section 706(7) of this title, shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.
In 1978, Congress amended the Rehabilitation Act to specify the means of enforcing its ban on discrimination. Section 505(a)(2), as added and set forth in 29 U.S.C. Section 794a(a)(2) (1982 ed.) provides:
The remedies, procedures, and rights set forth in Title VI of the Civil Rights Act of 1964 shall be available to any person aggrieved by any act or failure to act by any recipient of Federal assistance or Federal provider...
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Nichols v. St. Luke Center of Hyde Park
...Individuals therefore may institute a private cause of action to enforce their rights thereunder. Pendleton v. Jefferson Local School Dist., Bd. of Educ., 754 F.Supp. 570 (S.D.Ohio 1990). Accordingly, this Court has subject matter jurisdiction over Plaintiffs' claims under 29 U.S.C. § Merit......