Satterfield v. Tennessee

• Decision Date: 03 July 2002
• Docket Number: No. 00-5860.,00-5860.
• Citation: 295 F.3d 611
• Parties: Ronald Stephen SATTERFIELD, Plaintiff-Appellant, v. State of TENNESSEE et al., Defendants, Renata E. BLUHM, M.D.; and Occupatient Medical Services, P.C., Defendants-Appellees.
• Court: U.S. Court of Appeals — Sixth Circuit

295 F.3d 611

Ronald Stephen SATTERFIELD, Plaintiff-Appellant, v. State of TENNESSEE et al., Defendants Renata E. BLUHM, M.D.; and Occupatient Medical Services, P.C., Defendants-Appellees.

No. 00-5860.

United States Court of Appeals, Sixth Circuit.

Argued April 26, 2002.

Decided and Filed July 3, 2002.

David S. Wigler (argued and briefed), Law Offices of Herbert S. Moncier, Knoxville, TN, for Plaintiff-Appellant.

Robert H. Watson, Jr., Nathan D. Rowell (argued and briefed), Watson, Hollow & Reeves, Knoxville, TN, for Defendants-Appellees.

Before DAUGHTREY and MOORE, Circuit Judges; ECONOMUS, District Judge.^*

OPINION

MOORE, Circuit Judge.

Plaintiff-Appellant Ronald Stephen Satterfield ("Satterfield") appeals the district court's partial grant of summary judgment in favor of Defendants-Appellees, Renata E. Bluhm, M.D. ("Bluhm") and Occupatient Medical Services, P.C. ("Occupatient") ("defendants"). Satterfield, a former employee of the Tennessee Public Service Commission, was terminated from his position as a Commercial Motor Vehicle Inspector after Bluhm, a physician in private practice at Occupatient, determined from a physical examination that Satterfield was not qualified for the position. Satterfield filed suit in state court against the State of Tennessee, the Tennessee Department of Safety and its Commissioner, Bluhm, and Occupatient, alleging violations of the Americans with Disabilities Act ("ADA") and the Rehabilitation Act, and various state laws claims. The Commissioner, Bluhm, and Occupatient then removed to federal court and moved for summary judgment. Concluding that Bluhm and Occupatient were not "covered entities" for the purposes of Satterfield's ADA and the Rehabilitation Act claims, the district court partially granted their motion and remanded Satterfield's state law claims against them to state court. For the reasons discussed below, we AFFIRM the order of the district court partially granting Bluhm's and Occupatient's motion for summary judgment.

I. BACKGROUND

Satterfield was employed as a Commercial Motor Vehicle Inspector by the Tennessee Public Service Commission ("PSC") in October of 1990. Prior to his employment with the PSC, Satterfield had four back surgeries that left him with a "50% permanent disability to the body as a whole." Joint Appendix ("J.A.") at 341 (Satterfield Aff.). Satterfield was nonetheless able to perform his duties as an inspector until 1996. Effective in July of 1996, the PSC was abolished by the State of Tennessee, and the Tennessee Department of Safety ("Department") took over the functions of the PSC relating to commercial motor vehicle enforcement. On May 15, 1996, Satterfield was informed by the Department that his position had been "affected" by the takeover, and the Department offered him a different position. As a condition of Satterfield's employment with the Department, however, he was required to undergo psychological and physical examinations; and, pending the results of the examinations, he was placed on administrative leave without pay.

Satterfield's physical examination was performed by Bluhm. Under the contract between the Department and Occupatient, Occupatient's physicians perform physical examinations of the Department's employees "to determine whether an applicant or an existing employee is physically fit to perform the duties of their classification." J.A. at 361 (Contract between the Department and Occupatient). The contract first requires that Occupatient's physicians review the applicant's or employee's medical history form and "certify by signing this document, that based on the information recorded, the individual is capable of meeting physical fitness requirements." J.A. at 361. The contract then requires that Occupatient's physicians perform certain tests, follow certain "Medical Examination Form Instructions," and complete a "Physical Demand Analysis Form." J.A. at 361; 339 (Physical Demand Analysis Form for Commercial Vehicle Enforcement Officers). On July 25, 1996, Bluhm sent the Department a report finding that "[i]n considering the recurrent nature of [Satterfield's] significant back disease as indicated by a review of the medical records, and the level of permanent disability that his orthopedic doctor feels he has, he would not be qualified physically for the position." J.A. at 353 (Bluhm Report).

On August 13, 1996, the Department sent Satterfield a letter explaining that although Satterfield had successfully completed his psychological examination, "[a]s you can see from the enclosed report, Dr. Bluhm stated that you do not medically qualify for the position of Commercial Vehicle Enforcement Officer.... In accordance with the [ADA], an employee must be able to perform all essential job functions with or without accommodations [and][i]t is apparent that you cannot perform in the position of Commercial Vehicle Enforcement Officer." J.A. at 351 (8/13/96 Ltr. to Satterfield from the Department). The Department offered Satterfield three options: he could seek "a permanent ADA accommodation," he could inquire about disability retirement, or he could resign. J.A. at 351-52. Satterfield responded to this letter by sending the Department a report from his treating orthopedic surgeon, E. Brantley Burns, M.D., which asserted that "[Satterfield] currently does not seem disabled." J.A. at 197 (Burns Report). On September 17, 1996, the Department sent Satterfield another letter acknowledging receipt of the report from Burns but stating that the report "contradicts all earlier statements we received from physicians who treated you. Dr. Bluhm conducted her own examination as well as referring to these earlier statements in concluding that you could not perform the essential functions of this position." J.A. at 355 (9/17/96 Ltr. to Satterfield from the Department). The letter concluded: "The Department has not decided to terminate you based on your medical disability. However, considering the fifty percent ... disability rating reflected in your records, the Department has no other option but to consider you resigned... for medical reasons." J.A. at 355.

On June 25, 1997, Satterfield filed suit in the United States District Court for the Eastern District of Tennessee against the State of Tennessee, the Department, Michael C. Greene ("Greene"), the Commissioner of the Department, in his individual and official capacity, Bluhm, and Occupatient. Satterfield alleged violations of his rights under the ADA, 42 U.S.C. § 12101 et seq., the Rehabilitation Act, 29 U.S.C. § 701 et seq., the Tennessee Human Rights Act ("THRA"), Tenn.Code Ann. § 4-21-101 et seq., and various other claims under state law. While his claims were pending in federal court, Satterfield filed a separate action in the circuit court for Knox County, Tennessee against the State, the Department, and Greene, alleging violations of his rights under the ADA, the Rehabilitation Act, the THRA, and 42 U.S.C. § 1983. Satterfield initially voluntarily dismissed Bluhm and Occupatient as parties in the federal action. However, after the federal court dismissed Satterfield's federal claims against the State, the Department, and Greene, finding them barred under the Eleventh Amendment, and declined to exercise supplemental jurisdiction over Satterfield's state claims Satterfield amended his complaint in the state court to add Bluhm and Occupatient as defendants and to allege additional claims against them under state law.

On May 29, 1998, Bluhm and Occupatient filed a notice of removal in the United States District Court for the Eastern District of Tennessee.¹ On March 24, 1999, Satterfield moved for partial summary judgment, and on April 6, 1999, Bluhm and Occupatient moved for summary judgment. On October 26, 1999, the district court issued a memorandum opinion and order denying Satterfield's motion for partial summary judgment and partially granting the defendants' motion for summary judgment. The court granted summary judgment to the defendants on Satterfield's federal ADA and Rehabilitation Act claims on the ground that Bluhm and Occupatient were not "covered entities" for the purposes of the ADA or the Rehabilitation Act, and, therefore, they could not have violated Satterfield's rights under those statutes. Declining then to exercise supplemental jurisdiction over Satterfield's state law claims against Bluhm and Occupatient, the court remanded the state law claims to the Circuit Court for Knox County, Tennessee. Following this order, Satterfield moved for clarification and revision of the court's order in regard to his state law claim of negligence per se. In a second memorandum opinion and order issued on March 6, 2000, the court clarified that it had previously dismissed Satterfield's state law negligence per se claim against Bluhm and Occupatient. Satterfield filed a timely notice of appeal of the district court's grant of summary judgment for Bluhm and Occupatient on his ADA claim and state law claim of negligence per se.

II. ANALYSIS

A. Standard of Review

This court reviews de novo a district court's order granting summary judgment. Mulhall v. Ashcroft, 287 F.3d 543, 550 (6th Cir.2002). Under Federal Rule of Civil Procedure 56(c), we affirm a grant of summary judgment "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 the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). A dispute over a material fact cannot be "genuine" unless a reasonable jury could return a verdict for the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In reviewing the district court's decision to grant summary judgment, this court must view all evidence in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574,...