Powers v. Runyon

• Decision Date: 18 July 1997
• Docket Number: No. IP 96-170-C-T/G.,IP 96-170-C-T/G.
• Citation: 974 F.Supp. 693
• Court: U.S. District Court — Southern District of Indiana
• Parties: Carol POWERS, Plaintiff, v. Marvin RUNYON, United States Postal Service, Defendant.

974 F.Supp. 693

Carol POWERS, Plaintiff, v. Marvin RUNYON, United States Postal Service, Defendant.

No. IP 96-170-C-T/G.

United States District Court, S.D. Indiana, Indianapolis Division.

July 18, 1997.

COPYRIGHT MATERIAL OMITTED

Carol Powers, Greenburg, IN, pro se.

Tim A. Baker, Asst. U.S. Atty., Indianapolis, IN, for U.S. Postal Service.

Sue Hendricks Bailey, Asst. U.S. Atty., Indianapolis, IN, for Marvin Runyon.

ENTRY DISCUSSING MOTION FOR SUMMARY JUDGMENT

TINDER, District Judge.

I. Introduction

This is an action brought by Carol Powers ("Powers") alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-16, and of the Rehabilitation Act, 29 U.S.C. §§ 791-794a (1982). Powers' claims arise out of her discharge from her employment as a Transitional Distribution Clerk at the Columbus, Indiana Post Office.

The Postmaster General ("Postmaster") seeks resolution of these claims through the entry of summary judgment. Powers has opposed the motion. For the reasons explained in this Entry, the Postmaster's motion for summary judgment must be granted.

As used in this Entry, "TDC" refers to the position of a Transitional Distribution Clerk, "CIPO" refers to the Columbus, Indiana Post Office, "USPS" refers to the United States Postal Service, and "EEOC" refers to the Equal Employment Opportunity Commission.

II. Summary Judgment

A. Summary Judgment Standard

Rule 56(c) of the Federal Rules of Civil Procedure provides that a motion for summary judgment shall be granted "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." A "material fact" is one that "might affect the outcome of the suit." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). A dispute is genuine only if a reasonable jury could find for the nonmoving party. Id.

B. Summary Judgment Methodology

A party moving for summary judgment initially has the burden of showing the absence of any genuine issue of material fact in the evidence of record. Adickes v. S.H. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); Schroeder v. Barth, Inc., 969 F.2d 421, 423 (7th Cir.1992). It does so by identifying "those portions of `the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' 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, 2553, 91 L.Ed.2d 265 (1986) (quoting Fed.R.Civ.P. 56(c)).

"After one party has filed a motion for summary judgment, `the burden shifts to the non-moving party to show through specific evidence that a triable issue of fact remains on issues [on] which the nonmovant bears the burden of proof at trial.'" Pharma Bio, Inc. v. TNT Holland Motor Express, Inc., 102 F.3d 914, 916 (7th Cir.1996) (quoting Walker v. Shansky, 28 F.3d 666, 670-71 (7th Cir. 1994)). The non-movant fails to demonstrate a genuine issue for trial "[w]here the record taken as a whole could not lead a rational trier of fact to find for the non-moving party...." Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 1356, 89 L.Ed.2d 538 (1986). If no genuine issue of material fact exists, the sole question is whether the moving party is entitled to judgment as a matter of law. Miranda v. Wisconsin Power & Light Co., 91 F.3d 1011, 1014 (7th Cir.1996).

"Summary judgment is appropriate — in fact, is mandated — where there are no disputed issues of material fact and the movant must prevail as a matter of law." Dempsey v. Atchison, Topeka and Santa Fe Ry. Co., 16 F.3d 832, 836 (7th Cir.1994).

C. Powers as Pro Se Litigant

Since the Postmaster seeks the entry of summary judgment and since Powers is proceeding without counsel, the notice required by Lewis v. Faulkner, 689 F.2d 100 (7th Cir.1982), was issued. Through this notice, Powers was notified of the nature of the defendant's motion, of the proper manner in which to respond and of the consequences of failing to respond. This process affords Powers "a full opportunity to present contradicting affidavits or materials in order to cure a jurisdictional or party defect not capable of being resolved on the words of the complaint." English v. Cowell, 10 F.3d 434, 437 (7th Cir.1993) (citing Fountain v. Filson, 336 U.S. 681, 69 S.Ct. 754, 93 L.Ed. 971 (1949)). This information assures that Powers' claims receive the fair and meaningful consideration to which they are entitled, though within the scope of applicable rules of procedure and, of course, the substantive law.

"[P]ro se litigants are not entitled to a general dispensation from the rules of procedure." Jones v. Phipps, 39 F.3d 158, 163 (7th Cir.1994). Although the pleadings of pro se litigants are construed liberally, there is no lower standard when it comes to rules of evidence and procedure. Id.; Friedel v. City of Madison, 832 F.2d 965, 970 (7th Cir.1987) ("the requirements of Rule 56(e) are set out in mandatory terms....").

D. Motion to Strike

The defendant has moved to strike the statements and materials submitted by Powers with her opposition to the motion for summary judgment. Powers has not replied to this motion to strike.

The standard established by Rule 56(e) of the Federal Rules of Civil Procedure requires that affidavits presented in opposition to the defendant's motion be based upon personal knowledge; a statement merely indicating that a purported affidavit is based upon "information and belief" is insufficient. Price v. Rochford, 947 F.2d 829, 832-33 (7th Cir.1991); Schertz v. Waupaca County, 875 F.2d 578, 582 (7th Cir.1989). Conclusory statements or indications of opinion or belief offered without any factual support are also insufficient to create a genuine issue of fact. Cusson-Cobb v. O'Lessker, 953 F.2d 1079, 1081 (7th Cir.1992). Rather, affidavits must cite specific concrete facts establishing the existence of the truth of the matter asserted. Hadley v. County of DuPage, 715 F.2d 1238, 1243 (7th Cir.1983); see Mitchell v. Toledo Hospital, 964 F.2d 577, 584-85 (6th Cir.1992) (affidavit which contained nothing more than rumors, conclusory allegations and subjective beliefs could not be considered).

As to documentation, in order to be considered in supporting or opposing a motion for summary judgment, documents must be authenticated. Other materials are of no value in either establishing the presence or the absence of a material question of fact. Canada v. Blain's Helicopters, Inc., 831 F.2d 920, 925 (9th Cir.1987). As explained in one treatise, in order for a document to be considered by a court in ruling on a motion for summary judgment, the document "must be authenticated by and attached to an affidavit that meets the requirements of [Rule] 56(e) and the affiant must be a person through whom the exhibits could be admitted into evidence." 10A Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, FEDERAL PRACTICE AND PROCEDURE § 2722 at 58-60 (2d ed.1983) (footnote omitted).

Based on the foregoing, the following rulings are made with respect to the motion to strike:

Copies of written statements signed by Steve Schoettmer, Gary M. Reichenbacker, and Lawrence W. Guthrie are stricken. The reason for this is that these documents are not authenticated.

Documents bearing on Powers' grievance through the American Postal Workers Union, AFL-CIO, are stricken. The reason for this is that these documents are not authenticated.

For the sake of completeness, the defendant's motion to strike on the grounds of relevance of the materials submitted by Powers in support of her opposition to the motion for summary judgment is denied. The court finds it inappropriate in most cases-and this case is no exception-to strike materials submitted in support of or in opposition to a motion for summary judgment on the grounds of relevance. Although the issue of relevance is certainly one of the fundamental questions in sifting through expanded evidentiary material to determine whether the standard of Rule 56(c) has been met, the ordinary course this court follows is to determine whether and how those materials relate to the factual and legal issues which must be determined in ruling on the motion.

The effect of the court's ruling on the defendant's motion to strike is to render the defendant's motion for summary judgment unopposed by any evidentiary material. The plaintiff's discussion of her claims refers to evidence, but none has been presented in a form which can be considered. The court therefore has no alternative but to proceed on the basis of the materials and arguments which are pending.

III. Findings of Fact and Conclusions of Law

A. Findings of Fact

Based on the materials already described, the following findings of fact are made. The findings are those as to which there is no genuine factual dispute or, if there is such a dispute, are those most favorable to Powers as the non-moving party.

1. Powers, who is female, was employed at the CIPO as a TDC. A TDC was a temporary position with the USPS, classified as a Non-Career Temporary Appointment Not to Exceed 359 days.

2. As an employee of the USPS at the CIPO, Powers was subject to personnel policies in effect at the CIPO. One such policy required an employee's regular attendance at work, meaning consistent and timely attendance. The rationale for this requirement was the determination that "[a]n unscheduled absence, irrespective of the cause, invariably has an adverse impact on the ability to schedule personnel and to carry out [the CIPO's] many functions in an effective manner." The policy further provided that when employees do not maintain a regular attendance schedule, the USPS would take the necessary corrective action to...