Smith v. Grady

• Decision Date: 23 January 2013
• Docket Number: Case No. 1:11–cv–328.
• Citation: 960 F.Supp.2d 735
• Parties: Karen SMITH, Plaintiff, v. Hon. Karla J. GRADY, et al., Defendants.
• Court: U.S. District Court — Southern District of Ohio

960 F.Supp.2d 735

Karen SMITH, Plaintiff,

v.Hon. Karla J. GRADY, et al., Defendants.

Case No. 1:11–cv–328.

United States District Court,

S.D. Ohio,

Western Division.

Jan. 23, 2013.

George M. Reul, Jr., Katherine Daughtrey Neff, Freking & Betz LLC, Cincinnati, OH, for Plaintiff.

Pamela J. Sears, Kathleen H. Bailey, Cincinnati, OH, for Defendants.

ORDER

MICHAEL R. BARRETT, District Judge.

This matter is before the Court on Defendants' Motion to Dismiss. (Doc. 21). Plaintiff has filed a memorandum in opposition (Doc. 24), and Defendants have filed their reply (Doc. 25). This matter is now ripe for review.

I. BACKGROUND

On May 19, 2011, Plaintiff Karen Smith (“Plaintiff”) filed a Complaint against Hamilton County, Hamilton County Board of County Commissioners, and Hamilton County Juvenile Court Youth Center. (Doc. 1). On November 4, 2011, Plaintiff filed an Amended Complaint against the Honorable Karla J. Grady in her official capacity as Administrative Law Judge for the Hamilton County Juvenile Court, Duane Bowman in his official capacity as Superintendent of the Hamilton County Juvenile Court Youth Center and Hamilton County, Ohio (collectively, “Defendants”). (Doc. 14).

In her Amended Complaint, Plaintiff alleges that she is an African American female over the age of 40 who was employed at the Hamilton County Juvenile Court Youth's Center (“Youth Center”) as a Security Officer from March 26, 2001 until her termination on or about June 21, 2012. (Doc. 1, ¶¶ 13–15, 36). As a Security Officer, part of her job responsibilities included “physically intervening with residents of the Youth Center who were acting out.” (Doc. 14, ¶ 16). After undergoing surgery on her knee, Plaintiff, upon her request, had her position changed to Lobby Reception and Security Officer where she was responsible for ensuring that the Lobby remained adequately supplied at all times. (Doc. 14, ¶ 14). Plaintiff alleges that she later took Family Medical Leave on various occasions to care for herself and her grandson. (Doc. 14, ¶¶ 23–24). After an incident in April 2010 regarding Plaintiff ordering toner, the then-Superintendent Harvey Reed placed Plaintiff on administrative leave. (Doc. 14, ¶ 34). She was terminated shortly thereafter allegedly as a result of the toner incident. (Doc. 14, ¶ 36).

Based on the above facts, among others, Plaintiff brings the following claims against Defendants in the Amended Complaint (Doc. 14):

• Count I: Interference and retaliation in violation of the Family Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 et seq.

• Count II: Age discrimination in violation of the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq.

• Count III: Age discrimination in violation of Ohio Revised Code § 4112 et seq.

• Count IV: Disability discrimination in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq.

• Count V: Disability discrimination in violation of Ohio Revised Code § 4112 et seq.

• Count VI: Race discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq.

• Count VII: Race discrimination in violation of Ohio Revised Code § 4112 et seq.

On March 12, 2012, Defendants filed a motion seeking dismissal of Plaintiff's claims on multiple grounds. (Doc. 21). First, they seek dismissal of Hamilton County as a defendant on the bases that it is not sui juris, was not Plaintiff's employer, and was not properly served. (Doc. 21, pp. 3–5). Second, they seek dismissal of all claims brought under Ohio Rev.Code §§ 4112 et seq., the self-care provision of the FMLA, the ADEA, and Title I of the ADA on the basis that they are barred by the Eleventh Amendment. (Doc. 21, pp. 5–9). Third, they seek dismissal of Plaintiff's Title VII claim pursuant to the “personal staff” exemption. (Doc. 21, pp. 9–10). Fourth and finally, they seek dismissal of Plaintiff's request for punitive and emotional distress damages. (Doc. 21, pp. 10–11).

II. ANALYSISA. Motion to Dismiss Standard

Defendants move for dismissal for lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1) and for failure to state a claim for relief under Fed.R.Civ.P. 12(b)(6). “A Rule 12(b)(1) motion can either attack the claim of jurisdiction on its face, in which case all allegations of the plaintiff must be considered as true, or it can attack the factual basis for jurisdiction, in which case the trial court must weigh the evidence and the plaintiff bears the burden of proving that jurisdiction exists.” DLX, Inc. v. Kentucky, 381 F.3d 511, 516 (6th Cir.2004). Facial attacks question the sufficiency of the pleadings. United States v. Ritchie, 15 F.3d 592, 598 (6th Cir.1994). In reviewing a motion on this basis, a court must take the material allegations in the complaint as true and construe them in the light most favorable to the nonmoving party. Id. On the other hand, a factual attack is “not a challenge to the sufficiency of the pleading's allegations, but a challenge to the factual existence of subject matter jurisdiction[,]” and the court “is free to weigh evidence and satisfy itself as to the existence of its power to hear the case.” Id.

In reviewing a motion to dismiss for failure to state a claim under Rule 12(b)(6), this Court must “ ‘construe the complaint in the light most favorable to the plaintiff, accept its allegations as true, and draw all reasonable inferences in favor of the plaintiff.’ ” Bassett v. NCAA, 528 F.3d 426, 430 (6th Cir.2008) (quoting Directv, Inc. v. Treesh, 487 F.3d 471, 476 (6th Cir.2007)). “[T]o survive a motion to dismiss a complaint must contain (1) ‘enough facts to state a claim to relief that is plausible,’ (2) more than ‘a formulaic recitation of a cause of action's elements,’ and (3) allegations that suggest a ‘right to relief above a speculative level.’ ” Tackett v. M & G Polymers, USA, LLC, 561 F.3d 478, 488 (6th Cir.2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009). Although the plausibility standard is not equivalent to a “ ‘probability requirement,’ ... it asks for more than a sheer possibility that a defendant has acted unlawfully.” Id. at 1949 (quoting Twombly, 550 U.S. at 556, 127 S.Ct. 1955).

B. Hamilton County as a Defendant

Defendants make three arguments as to why Hamilton County should be dismissed as a Defendant, which are: (1) Hamilton County is not sui juris, or capable of suing or being sued; (2) Hamilton County is not a proper party defendant because Plaintiff has not alleged a sufficient economic link, and it is not Plaintiff's employer; and (3) Hamilton County has not been properly served within the requisite timeframe. The Court addresses each of these issues below.

1. Hamilton County's ability to be sued

Defendants argue that Hamilton County should be dismissed as a Defendant because Hamilton County is not sui juris, and thus, lacks the capacity to sue or be sued. More specifically, Defendants rely on Section 301.22 of the Ohio Revised Code for the proposition that the only counties that can be sued directly are those that adopt a charter or alternative form of government, which Hamilton County has not done. Plaintiff disputes that contention, relying on Section 301.22 for the proposition that a county is a body politic and corporate and capable of suing and being sued. Plaintiff also relies on Section 2744.01(F) of the Ohio Revised Code relating to Political Subdivision Torts, which includes a “county” in the definition of a “political subdivision.”

Although Defendants frame the issue as one of capacity, a close analysis of the statutory law and the relevant caselaw clarifies that the issue is one of immunity from suit rather than one of capacity to be sued. See Turner v. City of Toledo, 671 F.Supp.2d 967, 971–973 (N.D.Ohio 2009) (citing State ex. rel. Ranz v. City of Youngstown, 140 Ohio St. 477, 483, 45 N.E.2d 767 (1942) and Bd. of Comm'rs v. Mighels, 7 Ohio St. 109, 118, 119 (1857)). Under Ohio law, a county is recognized as a “political subdivision” of the state. O.R.C. § 2744.01(F) (emphasis added); see alsoO.R.C. § 2743.01(B). See also Zents v. Bd. of Comm'rs, 9 Ohio St.3d 204, 205, 459 N.E.2d 881, 885 (1984) (“In Ohio, a county is not regarded as a body corporate like a municipality but rather a political subdivision of the state.”); Schaffer v. Bd. of Trs., 171 Ohio St. 228, 230, 168 N.E.2d 547 (1960) (stating that a county is “not a body corporate but rather a subordinate political subdivision,” and “[a] county is purely a political subdivision, an agency or instrumentality of the state”). As a political subdivision, a county is provided certain rights and responsibilities, and it cannot sue or be sued except “as specially authorized by statute.” Stone v. Holzberger, 807 F.Supp. 1325, 1333 (S.D.Ohio 1992), aff'd,23 F.3d 408 (6th Cir.1994) (citing O.R.C. § 301.22 and Pancake v. Wakefield, 102 Ohio App. 5, 7, 140 N.E.2d 887 (Athens Cty.1956)); see alsoOhio Rev.Code § 2743.01 (defining “political subdivision” to include a “county” to which the sovereign immunity of the state attaches).

A waiver of a county's immunity from suit has been “specially authorized” in various provisions of the Ohio Revised Code. Section 305.12 of the Ohio Revised Code sets forth one such instance where a slice of a county's immunity is waived. O.R.C. § 305.12. Pursuant to that provision, a board of county commissioners may sue or be sued in any court. O.R.C. § 305.12. While that provision does not state that the board of county commissioners is the exclusive avenue by which a county may be sued, it may be if no other applicable provision authorizes suit against the county. SeeO.R.C. § 305.12. A second example...