Price v. Jefferson County
| Decision Date | 20 September 2006 |
| Docket Number | Civil Action No. 1:05-CV-290. |
| Citation | 470 F.Supp.2d 665 |
| Parties | Larklynn PRICE, Plaintiff, v. JEFFERSON COUNTY, Defendant. |
| Court | U.S. District Court — Eastern District of Texas |
Appeal from the 58th Judicial District Court, Jefferson County.
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Laurence Wade Watts, Watts & Associates, Missouri City, TX, for Plaintiff.
Larry James Simmons, Jr., Pamela D. Williams, Germer Gertz, Beaumont, TX, for Defendant.
Pending before the court is Defendant Jefferson County's ("the County") Motion for Summary Judgment (# 15). The County seeks summary judgment on an action brought by Plaintiff Larklynn Price ("Price"), alleging racial discrimination and retaliation under the Texas Commission on Human Rights Act, TEX. LAB.CODE ANN. §§ 21.001-21.306 ("TCHRA"), and equal protection violations arising under the Fourteenth Amendment to the United States Constitution and the Civil Rights Act of 1871, 42 U.S.C. § 1983 ("§ 1983"). Having reviewed the pending motion, the submissions of the parties, the pleadings, and the applicable law, this court is of the opinion that summary judgment is warranted on Plaintiffs federal claims and that her state law claims should be remanded to the 58th Judicial District Court of Jefferson County, Texas.
Price, an African-American female, was hired by the County as a secretary in the Engineering Department in February 1989 after submitting a written application. At that time, Robert Stroder ("Stroder") was the acting County Engineer. Plaintiff asserts that she was the only African-American clerical staff member who worked in the Engineering Department.
In approximately 1993, Price was reassigned from her position as a secretary in the Engineering Department to a position as an engineering technician in the field. Price alleges that the decision regarding reassignment was made by Stroder. Plaintiff did not, at that time, file a grievance with any County representative or file a charge of discrimination alleging the reassignment was a race-based action. In connection with this reassignment, Price received a pay raise.
In 1998 or 1999, after working as a field technician for approximately five years, Price was reassigned to the secretarial position that she had previously held in the Engineering Department. Her immediate supervisor at that time was the office manager, Sonia Gonzales ("Gonzales"), a Hispanic female. Price alleges that this decision regarding reassignment was, made by the acting County Engineer, John Cannatella ("Cannatella"). Plaintiff did not submit a grievance to any County representative contending the reassignment was based on race. Again, Price received a salary increase as a result of her reassignment. Thereafter, Price was at the top of the pay scale for her secretarial position and was not eligible for any raises. Plaintiff, however, received annual lump sum payments of $1,200.00 in 2000 and $1,200.00 in 2001.
Wendy Whittaker ("Whittaker"), a Hispanic female, assumed the position of office manager on May 28, 2002, and became Price's immediate supervisor. While Plaintiff did not submit an application for this job vacancy, she nonetheless argues that she was denied this promotional opportunity. Price asserts that she was more qualified than Whittaker, who allegedly had difficulty with the English language, lacked telephone skills, and struggled with clerical tasks. Price also alleges that, while serving as office manager, Whittaker tormented her. Plaintiff remained in the secretarial position until her termination in November 2002.
Defendant alleges that throughout her employment with the County, Price had poor attendance. As a result of her alleged problems with absenteeism, Price often had to utilize unpaid leave after exhausting her paid leave. Accordingly, several of her supervisors gave Price reprimands and warnings concerning excessive absenteeism. Price concedes that she began receiving reprimands related to poor attendance in 1997 from acting County Engineer Roy Rodriguez ("Rodriguez"). Plaintiff also acknowledges that on October 5, 1999, Cannatella issued a written reprimand addressing Price's poor attendance and advising her that future problems could result in further disciplinary action, up to and including termination. At that time, Price did not file a grievance with any County official or a charge of discrimination alleging that the reprimand was discriminatory.
In addition to her problems with absenteeism, Price was counseled for excessive personal telephone use and failures related to the office filing system. Acting Assistant County Engineer Jim Layne ("Layne") reprimanded Price in writing on August 2, 2001, about her alleged problems with excessive personal telephone use and the filing system, advising her that a lack of improvement could result in termination. During the spring of 2002, Price received additional counseling from acting Assistant County Engineer Melissa Guynes ("Guynes"), a Caucasian female, concerning her excessive telephone use and problems with the filing system.,
On September 3, 2002, Guynes gave Price a notice informing her that she was being suspended for three days as a result of an incident occurring on August 30, 2002, when she was purportedly rude and disrespectful to her immediate supervisor, Whittaker. Although there is some dispute as to the exact language used by Price during her exchange with Whittaker, Price concedes that she asked Whittaker whether she had to "kiss her butt" to obtain her paycheck. Guynes subsequently provided Price with another letter informing her that she was being placed on probation for thirty days. Price received her final written warning from acting County Engineer Jose Pastrana ("Pastrana"), a Hispanic male, on September 9, 2002. The written warning discussed Price's chronic absenteeism, excessive personal telephone use, and performance-related issues, including the previously-mentioned problems with the filing system. Prior to receiving this final' written warning, Price had received counseling on each of these problem areas.
In September 2002, Whittaker was terminated as office manager, and Price approached Guynes about applying for the vacant position. Guynes, however, hired Martha Newsome ("Newsome"), a Caucasian female, to replace Whittaker in October 2002. Plaintiff argues that she was once again denied a promotional opportunity to become office manager. She admits, however, that she did not submit a written application for the available position, arguing that the job of office manager was not posted and that she spoke to Guynes about her interest in the position, Price also concedes that she had received her final written warning prior to Newsome becoming office manager and that she does not contend that she was more qualified than Newsome for the job in question.
On November 8, 2002, Pastrana met with Price to notify her that her employment with the County was being terminated. Guynes and Newsome were also present at this meeting. Pastrana cited Price's problems with absenteeism, telephone usage, the filing system, and professional conduct as the reasons for her termination. Price inquired into whether it was possible for her to be reassigned to a different position in lieu of being discharged, pointing out that similar arrangements had been made for other individuals and that she had worked as a County employee for thirteen years. Price was informed that reassignment was not possible. The County replaced Price with Ronney Nedd, an older African-American female.
Price appealed the termination decision to County Judge Carl Griffith to no avail. She proceeded to file a sworn charge of discrimination with the EEOC and Texas Commission on Human Rights ("the Commission") on November 18, 2002, relying on the theory of continuing violation. On or about May 15, 2003, she received a notice of right to sue from the EEOC. On July 8, 2003, Price received a notice of right to sue from the Commission. Price asserts that she was discriminated against because, unlike other County employees, she was reprimanded for receiving personal telephone calls and was required to provide twenty-four hours notice before taking time off. Moreover, she alleges that the County discriminated against her by improperly reassigning her to various positions, freezing her salary, denying her two promotional opportunities, and wrongfully terminating her employment. Defendant contends that during her employment with the County, Plaintiff never reported race-based discrimination to any County official or representative, filed a grievance about racial discriminatory acts, or submitted a charge of discrimination containing such allegations. Rather, the sole grievance filed by Price during her employment with the County concerned a reprimand she received for improper use of overtime and "comp" time, the only charge of discrimination she filed was after she had been terminated, and the only conversations she had with representatives of the County did not mention race.
On or about July 21, 2003, Price filed suit in the 58th Judicial District Court of Jefferson County, Texas, alleging a claim for wrongful termination in violation of the TCHRA. Price amended her petition on or about April 5, 2005, to include a cause of action for violation of her civil rights under § 1983. Pursuant to 28 U.S.C. § 1441, the County removed the case to this court on April 13, 2005, on the basis of federal question jurisdiction. On November 30, 2005, Jefferson County filed a motion for summary judgment on Price's causes of action for racial discrimination, retaliation, and violation of her constitutional rights under § 1983. Price filed her response on January 21, 2006.
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