Spears v. State

• Decision Date: 09 February 2011
• Docket Number: Civil Action No. 09–905–BAJ–CN.
• Citation: 767 F.Supp.2d 629
• Parties: Joyce SPEARSv.State of LOUISIANA and Louisiana Commission on Law Enforcement.
• Court: U.S. District Court — Middle District of Louisiana

767 F.Supp.2d 629

Joyce SPEARS

v.State of LOUISIANA and Louisiana Commission on Law Enforcement.

Civil Action No. 09–905–BAJ–CN.

United States District Court, M.D. Louisiana.

Feb. 9, 2011.

Dan Michael Scheuermann, Dan M. Scheuermann, Attorney at Law, Baton Rouge, LA, for Joyce Spears.

Rachelle D. Dick, Amy E. Newsom, Gregory P. Aycock, Jessica P. Johnston, Forrester & Dick, LLC, Baton Rouge, LA, for State of Louisiana and Louisiana Commission on Law Enforcement.

RULING

BRIAN A. JACKSON, District Judge.

The Court has carefully considered the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Christine Noland dated January 20, 2011. Plaintiff has filed an objection which the Court has considered.

The Court hereby approves the report and recommendation of the magistrate judge and adopts it as the Court's opinion herein.

Accordingly, the Motion for Summary Judgment (doc. 17) filed by the defendant, State of Louisiana, Commission on Law Enforcement, shall be GRANTED, and the plaintiff's claim shall be DISMISSED WITH PREJUDICE.

NOTICE

CHRISTINE NOLAND, United States Magistrate Judge.

Please take notice that the attached Magistrate Judge's Report has been filed with the Clerk of the United States District Court.

In accordance with 28 U.S.C. § 636(b)(1), you have 14 days from the date of service of this Notice to file written objections to the proposed findings of fact and conclusions of law set forth in the Magistrate Judge's Report. The failure of a party to file written objections to the proposed findings, conclusions, and recommendation contained in a Magistrate Judge's Report and Recommendation within 14 days after being served with a copy of the Report shall bar that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions of the Magistrate Judge that have been accepted by the District Court.

ABSOLUTELY NO EXTENSION OF TIME SHALL BE GRANTED TO FILE WRITTEN OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT.

MAGISTRATE JUDGE'S REPORT

This matter is before the Court on the Motion for Summary Judgment (R. Doc. 17) filed by the defendant, State of Louisiana, Commission on Law Enforcement and Administration of Criminal Justice (“LCLE”). The plaintiff, Joyce Spears (“Spears”), has filed an opposition (R. Doc. 23) to LCLE's motion, in response to which LCLE has filed a reply memorandum (R. Doc. 26).

FACTS & PROCEDURAL BACKGROUND

Spears, an African American female, has been employed by the State of Louisiana for approximately thirty (30) years. She began work with the State as a stenographer and was promoted several times. See, Spears' deposition, Plaintiff's Exhibit # 1, p. 11. Her promotion from secretary to Information Technology Officer (“ILTO”) was the result of a detail since she did not possess the minimum requirements to hold an ILTO position. See, LCLE's Exhibit B, Affidavit of Judy Whitmire, ¶ 4. Spears has a high school degree but has never earned a college degree. See, Spears' deposition, p. 11. In 2003, she was promoted to an ILTO 2 position. Id., pp. 54–55. In that position, she has worked exclusively in the Uniform Crime Reporting Division of the LCLE (“UCR”). See, LCLE Exhibit “C,” Affidavit of Robert Mehrtens, ¶ 7.

LCLE is responsible for compiling and reporting crime statistics from law enforcement agencies across Louisiana to the FBI. Id., ¶ 5. The entity is in the process of transitioning from a manual, paper-based crime reporting format to a web-based electronic crime reporting system. Id., ¶ 6. Under the manual-based reporting system, ITLO employees, like Spears, receive crime reports from state law enforcement agencies by mail, quality check them for accuracy, make copies of them, and mail the originals to the FBI. Id., ¶ 8. Other LCLE ITLO employees compile and report crime statistics using web-based electronic reporting systems, which collect, compile, and submit crime statistics electronically to the FBI. Id., ¶ 10.

In 2006, Spears and a co-employee, Doug Wright, a white male, requested reallocation and an upgrade of their positions from ITLO 2 to ITLO 3. See, Complaint, ¶ 5; LCLE Exhibit “D,” Deposition of Doublas Wright, pp. 68–70; LCLE Exhibit “E,” Mehrtens deposition, p. 35. Non–LCLE, Civil Service employees conducted an audit of the ITLO 2 position and determined that ITLO 3 was not the proper allocation for the job tasks performed by Spears and other ITLO 2 employees and, additionally, that the ITLO 2 position should be downgraded to data entry specialists. Id., pp. 35–36. Spears' supervisors, however, requested that the ITLO 2 position not be downgraded, and Civil Service agreed. Id., p. 36. However, Spears and Wright were denied their request for an upward reclassification to ITLO 3. Spears filed an appeal, but the Civil Service denied her appeal and affirmed her ILTO 2 classification. See, LCLE Exhibit “A,” Spears' deposition, pp. 57–58; LCLE Exhibit “C,” Affidavit of Mehrtens, ¶ 11. In December 2008, LCLE management petitioned Civil Service to reclassify ITLO 2 to ITLO 3, but that request was again denied. See, Spears' deposition, pp. 60–61.

According to plaintiff, in January 2008, she was informed that Joel Taylor (“Taylor”), a white male, was to assume the same job responsibilities as she had. Id., pp. 61–63.¹ She contends, however, that she also found out that he was being paid on a higher pay scale than she was. Id. She alleges (and testified during her deposition) that, as a result, she filed a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”), alleging equal pay discrimination. Id. Neither party has submitted a copy of that EEOC charge to the Court for consideration; however, plaintiff has produced a copy of a letter from the EEOC to LCLE dated August 12, 2008, indicating that Spears had filed a charge against LCLE under Title VII. See, Plaintiff's Exhibit # 2.

In October 2008, Spears applied for an ILTO 3 position, which was open to applicants at all levels (ITLO 1–4) as a probationary position. See, Complaint, ¶ 7; Spears' deposition, p. 123. Spears and approximately ten (10) other applicants were interviewed. See, LCLE Exhibit “E,” Mehrtens deposition, p. 44. Sherro Haynes (“Haynes”), a black female, was selected for the position. See, LCLE Exhibit “C,” Mehrtens affidavit, ¶ 18; LCLE Exhibit “F,” Deposition of Barbara Garcia, p. 28. According to evidence submitted by LCLE, Haynes possesses a college degree in computer engineering/science, has vast experience with software development and Help Desk abilities, and possesses skills that would enable the LCLE to transition its crime reporting from a PC-related database system to a web-based system. Id., p. 28; LCLE Exhibit “E,” Deposition of Mehrtens, pp. 44–45, 51.

On November 17, 2008, Spears filed an EEOC complaint alleging discrimination based upon race, color, and sex as well as retaliation. See, Plaintiff's Exhibit # 4. Specifically, she asserted that LCLE's failed attempt to have her ITLO 2 position upwardly reclassified to ITLO 3 and LCLE's failure to promote her to the ITLO 3 position were the result of discrimination and retaliation for having previously filed an EEOC charge in August 2008. Id.

In February 2009, LCLE reprimanded Spears for insubordination for having reported a hate crime to the FBI that the East Baton Rouge Parish Sheriff's Department had not so designated; however, she received no formal discipline in relation to the incident. See, Spears' deposition, pp. 86–87; 93–99; LCLE Exhibit “E,” Mehrtens deposition, p. 286; LCLE Exhibit “G,” Affidavit of Tommy Cole. According to Spears, also in February 2009, her supervisor, Fredia Dunn, told her to stop writing her EEOC complaints because the LCLE would begin to look at it as a form of retaliation against them, that the LCLE would use it to build a case against Spears, and that they would consider it a use of the agency's resources and fire her. Spears contends Ms. Dunn told her to quit “while she is ahead.” See, Spears' deposition, pp. 81–83. Spears further asserts that, with respect to Spears' son who planned to go to college, Ms. Dunn threatened to “set [him] up on a charge.” Id., p. 83. Finally, Spears testified that Ms. Dunn told her LCLE had connections with all disciplinary boards and investigatory commissions and that all complaints against LCLE would therefore be futile. Id., pp. 83–84; Plaintiff's Exhibit # 6.

In March 2009, an ITLO supervisor position became available. Forty (40) candidates, who possessed the minimum qualifications for the position and would not have to be detailed, applied for the position. See, LCLE Exhibit “B,” Affidavit of Judy Whitmire, ¶ 5. According to a memorandum dated March 2, 2009, six (6) applicants were interviewed for that position, and the interview process produced a unanimous decision as to the top two (2) candidates for the position. The interview panel's “top choice” was Anthony Myles (“Myles”). According to the memorandum, he had the quality of experience needed for the position, including experience as a computer programmer, in software development, and in network troubleshooting. See, LCLE Exhibit “C(4).” Myles also had a college degree in computer information systems. See, LCLE Exhibit “C(5).” The LCLE interview panel recommended to Civil Service that Myles, a black male, be hired. See, LCLE Exhibit “C,” Affidavit of Mehrtens, ¶ 20.

Four (4) days after the issuance of the above memorandum, on March 6, 2009, Spears sent an email to another of her supervisors, Judy Dupuy (“Dupuy”), expressing her interest in the ITLO Supervisor position and requesting to be detailed into it since she did not possess the qualifications for that position. See, LCLE Exhibit “C,” Affidavit of Mehrtens, ¶ 19; Plaintiff's Exhibit # 7. On that same date, Ms. Dupuy informed Spears that several applicants had interviewed for the ITLO...