Trambly v. Bd. of Regents of Univ. of Neb.
| Decision Date | 26 April 2021 |
| Docket Number | 4:20-CV-3094 |
| Parties | JAMES F. TRAMBLY, Plaintiff, v. THE BOARD OF REGENTS OF THE UNIVERSITY OF NEBRASKA, et al. Defendants. |
| Court | U.S. District Court — District of Nebraska |
James Trambly was fired from his job at the University of Nebraska-Kearney (UNK) in February 2019. Filing 3 at 11. Trambly claims the defendants—UNK, the University of Nebraska Board of Regents, and several University employees—discriminated against him on the basis of his disability and retaliated against him for requesting accommodations in violation of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Nebraska Fair Employment Practices Act (NFEPA), Neb. Rev. Stat. § 48-1101 et seq., and Nebraska common law. Filing 3 at 8, 17.
This matter is before the Court on the defendants' partial motion to dismiss (filing 6) under Fed. R. Civ. P. 12(b)(1) and (b)(6) and Trambly's motion for leave to file an amended complaint (filing 14). For the reasons set forth below, the defendants' motion will be granted in part and Trambly's motion will be granted in part.
Trambly was hired by UNK in 2014 to work in its IT department. See filing 3 at 8. He has a "mental impairment which, when active, substantially limits at least one of his major life activities." And according to Trambly, UNK and all of the named defendants in this case were aware of his impairment. Filing 3 at 11. Defendant Heidi Haussermann is the Assistant Director of Client Services - IT Client Services at UNK, and was Trambly's supervisor. Filing 3 at 5, 8. Trambly alleges that he requested accommodations for his disability "on multiple occasions" during his employment by UNK and was denied. And Trambly alleges that "about a year" after he was hired and "continuing off and on throughout his employment," Haussermann told him "she was tired of him bringing up his disabilities when he ask[ed] for accommodations." According to Trambly, in 2016 Haussermann said "if he continued to bring up his disabilities, she would fire him." Filing 3 at 8.
Trambly alleges Hausermann's comments "had a chilling effect" on his ability to gain accommodations which were necessary for him to do his job. Filing 3 at 8. Defendant Jane Petersen is the Director of Academic Support Services - IT Client Services, and Hausermann's supervisor. Filing 3 at 5, 9. According to Trambly, Haussermann and Petersen prevented him from communicating with upper management and resources outside the IT department. But Trambly also alleges that he complained "many times" to UNK's and the University of Nebraska's1 human resources about Haussermann's and Petersen's discrimination. And according to Trambly, Haussermann retaliated against him by temporarily placing him in Bruner Hall despite his protests that it was "bad for his health," removing student workers from his supervision, and disparaging him to a coworker, thereby contributing to a hostile work environment. Filing 3 at 9.
Defendant Dylan Evans is the Senior Application Administrator - IT Infrastructure Services. Filing 3 at 6. According to Trambly, UNK directed defendant Evans to "hack [Trambly's] phone, email, work computer, and home computer, which has allowed Evans to delete emails and text messages to make [him] look incompetent, or to delete incidents of discrimination which [he had] documented. Filing 3 at 9. Trambly allegedly reported the hack to Rick Haugerud, Vice President of Identity Management, who agreed to "pull in a third party to look into the manipulation of [Trambly's] email," but nothing has yet come of the investigation. Filing 3 at 9-10.
On October 31, 2018 Trambly approached defendant Jane Sheldon, Associate Vice Chancellor for Business & Finance - Business Systems and Technology, about the situation. Trambly asked whether UNK wanted to take his job duties away from him, and Sheldon allegedly assured him that the IT department wanted nothing of the sort. But Trambly was reassigned to work more hours at the Help Desk, which became his primary responsibility. Filing 3 at 10.
On November 6, 2018 Trambly received "a verbal warning regarding services he had performed," but he alleges his work was performed correctly and the discipline was related to an IT work ticket that had been modified through UNK and Evans' alleged hack. On December 13, 2018, Trambly received a written warning for retaining ticket logs which he alleges were necessary to prove that UNK was manipulating tickets and making it appear like he took too long to complete jobs. Filing 3 at 10.
Defendant Jill Flagel is the Coordinator of Faculty/Staff Disability Services - Office of Institutional Equity and Compliance for the University of Nebraska. Filing 3 at 6. Beginning on November 18, 2018, Trambly contacted Flagel to request accommodations, but Flagel allegedly "consistently ignored"Trambly and didn't provide him the paperwork to formally request accommodations. Filing 3 at 11.
On February 8, 2019, Trambly was terminated. Filing 3 at 11. Defendant Scott Benson, UNK Director of Human Resources - Processing and Payment Services, and defendant Cheryl Gardner, UNK Director of IT Services Human Resources, delivered the news to Trambly and told him he was "no longer coachable." Filing 3 at 6, 11.
Trambly filed a charge of discrimination on the basis of disability with the Nebraska Equal Opportunity Commission and the Equal Employment Opportunity Commission and received a right to sue letter on April 9, 2020. Filing 3 at 7. Trambly filed suit and alleged that his performance always met or exceeded expectations, and that he was retaliated against for engaging in a protected activity—namely, requesting accommodations and "opposing a violation of law and protected benefits." Filing 3 at 11-12. According to Trambly, UNK's assertion that he was no longer coachable is merely a pretext. Filing 3 at 11. And defendants Douglas Christensen, Ted Carter, and the Board of Regents are all sued for failing to "properly and adequately supervise and exercise due care over their agents and employees who violated [Trambly's] civil rights," and for demonstrating "deliberate indifference." Filing 3 at 12-13.
In his initial complaint, Trambly claimed the defendants are liable for (1) violation of the ADA, (2) violation of the NFEPA, and (3) wrongful termination. See filing 3 at 14-17. And Trambly sought punitive and compensatory damages, attorney fees, and costs, but did not request injunctive relief (e.g. reinstatement). See filing 3 at 18.
The defendants moved for dismissal of all of Trambly's claims except the NFEPA claim against the Regents. Filing 7 at 2. According to the defendants,dismissal is proper because: (1) UNK lacks the capacity to be sued under Nebraska law and is not a proper party under Fed. R. Civ. P. 17(b)(3); (2) the Eleventh Amendment bars suits against a State for money damages under the ADA; (3) claims against state employees in their official capacities are tantamount to suit against the State and also barred by the Eleventh Amendment; (4) the ADA does not provide for individual liability; (5) the individually named defendants are not "employers" as defined by the NFEPA; and (6) the wrongful discharge claims against all defendants are superseded by Trambly's statutory claims. Filing 6 at 2-3.
Trambly responded and conceded that UNK lacks capacity to be sued. Filing 16 at 3. In addition, Trambly filed a motion for leave to amend his complaint and a proposed amended complaint. Filing 14, filing 14-1. Trambly's proposed amended complaint re-alleges his claims under the NFEPA and ADA against only the Regents, but amends his ADA claim to specifically allege violation of Title II and Title V. See filing 14-1 at 9-11. It also abandons his claim for wrongful termination, and adds claims under the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., and 42 U.S.C. § 1983 against the Regents and the individual named defendants in their individual and official capacities. See filing 14-1 at 9-13. And it removes defendants UNK, Carter, and Kristensen. Filing 14-1 at 1.
The defendants opposed the motion for leave to amend, arguing that the addition of claims that cannot withstand a motion to dismiss makes amendment futile. Filing 18 at 2. In particular, defendants argue (1) Trambly cannot state a claim under Title II because Title I provides the exclusive avenue for employment discrimination claims under the ADA, (2) Eleventh Amendment immunity bars retaliation claims under Title V that are linked to Title I claims, and (3) Trambly's claims under the Rehabilitation Act and§ 1983 fail as to the individually named defendants. Filing 18 at 6-8. So according to the defendants, if the Court permits amendment only the Rehabilitation Act and NFEPA claims against the Regents should proceed. Filing 18 at 8-9.
Trambly did not reply to defendants' third argument regarding the Rehabilitation Act and § 1983. See filing 21. He only argued that Title II does provide a cause of action for employment discrimination and so his proposed amendment is not futile. Filing 21 at 3.
The Court will treat the claims in both the complaint and proposed amended complaint that Trambly does not defend as abandoned.2 So after the dust settles, the issues before the Court are (1) whether the Eleventh Amendment bars claims under Titles II and V of the ADA against the Regents, (2) whether Trambly's amended complaint states a claim under Titles II and V, and (3) what extent, if any, to grant Trambly leave to amend.
A motion pursuant to Rule 12(b)(1) challenges whether the court has subject matter jurisdiction. The party asserting subject matter jurisdictionbears the burden of proof. Great Rivers Habitat Alliance v. FEMA, 615 F.3d 985, 988 (8th Cir. 2010).
Rule 12(b)(1) motions can be decided in three ways: at the pleading stage, like a Rule 12(b)(6) motion; on undisputed facts, like a summary...
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