United States v. Connors, C-2-83-896.

• Decision Date: 23 October 1985
• Docket Number: No. C-2-83-896.,C-2-83-896.
• Citation: 634 F. Supp. 484
• Parties: UNITED STATES of America, Plaintiff, v. Raymond A. CONNORS, et al., Defendants.
• Court: U.S. District Court — Southern District of Ohio

634 F. Supp. 484

UNITED STATES of America, Plaintiff, v. Raymond A. CONNORS, et al., Defendants.

No. C-2-83-896.

United States District Court, S.D. Ohio, E.D.

October 23, 1985.

James E. Rattan, Columbus, Ohio, Thomas M. Barba, Dept. of Justice, Civil Div., Washington, D.C., for plaintiff.

Douglas M. Kennedy, Asst. Atty. Gen., Columbus, Ohio, for defendants.

JUDGMENT AND PERMANENT INJUNCTION

HOLSCHUH, District Judge.

This is an action by the United States of America against the Ohio Bureau of Worker's Compensation and the Industrial Commission of Ohio seeking a permanent injunction and declaratory relief. Plaintiff asks this Court to enjoin defendants from continuing to include federal ACTION Foster Grandparent volunteers in the Ohio workers' compensation scheme. This Court's jurisdiction is based upon 28 U.S.C. § 1345. This matter is before the Court on plaintiff's motion for summary judgment.

I. FACTS OF THE CASE

This suit was instituted on May 12, 1983 as the result of a finding by the defendant Industrial Commission of Ohio that Ms. Marie Becker, a Foster Grandparent program volunteer, was an employee for purposes of the Ohio workers' compensation laws. Ms. Becker had been injured while volunteering at the Resident Home for the Mentally Retired and filed an application for payment of medical benefits with the State of Ohio Bureau of Workers' Compensation as well as with the private group insurance provided by ACTION. These facts are not contested by the parties. The sole issue before this Court is whether the State of Ohio's policy of deeming federal Foster Grandparent Volunteers employees under the Ohio Workers' Compensation scheme is in conflict with and has been preempted by federal law.

II. STANDARD OF REVIEW

Rule 56(c) of the Federal Rules of Civil Procedure provides in part:

The judgment sought shall be rendered forthwith 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 that the moving party is entitled to a judgment as a matter of law.

The purpose of the summary judgment procedure is not to resolve factual issues, but to determine if there are genuine issues of fact to be tried. Lashlee v. Sumner, 570 F.2d 107, 111 (6th Cir.1978); Felix v. Young, 536 F.2d 1126, 1130 (6th Cir.1976); United States v. Articles of Device, Consisting of Three Devices ... "Diapulse", 527 F.2d 1008, 1011 (6th Cir.1976); Bohn Aluminum & Brass Corp. v. Storm King Corp., 303 F.2d 425, 427 (6th Cir.1962). Therefore, summary judgment should be granted "only where the moving party is entitled to judgment as a matter of law, where it is quite clear what the truth is, and where no genuine issue remains for trial, for the purpose of the rule is not to cut litigants off from their right of trial by jury if they really have issues to try." Sartor v. Arkansas Natural Gas Corp., 321 U.S. 620, 627, 64 S.Ct. 724, 728, 88 L.Ed. 967 (1944). Accord Poller v. Columbia Broadcasting System, Inc., 368 U.S. 464, 467, 82 S.Ct. 486, 488, 7 L.Ed.2d 458 (1962); Associated Press v. United States, 326 U.S. 1, 6, 65 S.Ct. 1416, 1418, 89 L.Ed. 2013 (1945); Rogers v. Peabody Coal Co., 342 F.2d 749, 751 (6th Cir.1965).

Although summary judgment should be cautiously invoked, nonetheless it is often proper. "Summary judgment is a useful procedure for reaching the merits of a case short of conducting a full-blown trial." Felix v. Young, 536 F.2d 1126, 1130 (6th Cir.1976). "If the record evidence is not disputed as to any material fact, the case should be decided as a matter of law rather than submitted to the jury." Bouldis v. U.S. Suzuki Motor Corp., 711 F.2d 1319, 1324 (6th Cir.1983). When the facts are undisputed, when pure questions of law are at issue, and when the plaintiff has had full opportunity to be heard on those legal issues, summary judgment is proper even though the legal issues are difficult. Kentucky Rural Elec. Coop. Corp. v. Maloney Elec. Co., 282 F.2d 481, 483-84 (6th Cir.), cert. denied, 365 U.S. 812, 81 S.Ct. 692, 5 L.Ed.2d 691 (1961). When the moving party has met its burden, summary judgment should be granted. Rogers v. Peabody Coal Co., 342 F.2d 749, 751 (6th Cir.1965).

"The question whether summary judgment is appropriate in any case is one to be decided upon the particular facts of that case...." First National Bank v. Cities Service Co., 391 U.S. 253, 259, 88 S.Ct. 1575, 1577, 20 L.Ed.2d 569 (1968). The moving party bears the "burden of showing the absence of a genuine issue as to any material fact, and for these purposes the material it lodged will be viewed in the light most favorable to the opposing party." Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 1608, 26 L.Ed.2d 142 (1970) (footnote omitted). Accord Poller v. Columbia Broadcasting System, Inc., 368 U.S. 464, 472, 82 S.Ct. 486, 490, 7 L.Ed.2d 458 (1962); Smith v. Hudson, 600 F.2d 60, 63 (6th Cir.), cert. dismissed, 444 U.S. 986, 100 S.Ct. 495, 62 L.Ed.2d 415 (1979); Rogers v. Peabody Coal Co., 342 F.2d 749, 751 (6th Cir.1965). Similarly, "inferences to be drawn from the underlying facts contained in such materials must be viewed in the light most favorable to the party opposing the motion." United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962). Accord Watkins v. Northwestern Ohio Tractor Pullers Assoc., Inc., 630 F.2d 1155, 1158 (6th Cir.1980); United States v. Articles of Device Consisting of Three Devices ... "Diapulse", 527 F.2d 1008, 1011 (6th Cir.1976); Rogers v. Peabody Coal Co., 342 F.2d 749, 751 (6th Cir.1965). "Further, the papers supporting the movant are closely scrutinized, whereas the opponent's are indulgently treated." Bohn Aluminum & Brass Corp. v. Storm King Corp., 303 F.2d 425, 427 (6th Cir.1962). Accord Smith v. Hudson, 600 F.2d 60, 63 (6th Cir.), cert. dismissed, 444 U.S. 986, 100 S.Ct. 495, 62 L.Ed.2d 415 (1979).

Additionally, Rule 56(e) of the Federal Rules of Civil Procedure provides in part:

When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him.

Under Rule 56(e), "a party cannot rest on the allegations contained in his complaint in opposition to a properly supported motion for summary judgment against him." First National Bank v. Cities Service Co., 391 U.S. 253, 289, 88 S.Ct. 1575, 1592-93, 20 L.Ed.2d 569 (1968) (footnote omitted). The Sixth Circuit has held that

where a moving party supports his motion for summary judgment by affidavit or other appropriate means, which are uncontroverted, a trial court is fully justified, within the purview of Rule 56 of the Federal Rules of Civil Procedure in granting relief thereon.

Williams v. Baltimore & O. R.R., 303 F.2d 323, 324 (6th Cir.1962). Accord R.E. Cruise, Inc. v. Bruggeman, 508 F.2d 415, 416 (6th Cir.1975); Daily Press, Inc. v. United Press International, 412 F.2d 126, 134 (6th Cir.), cert. denied, 396 U.S. 990, 90 S.Ct. 480, 24 L.Ed.2d 453 (1969).

The uncontroverted facts, however, must conclusively negate the existence of a genuine issue of material fact and establish the moving party's entitlement to judgment. If evidence in support of a motion for summary judgment does not establish a lack of a genuine issue of material fact and conclusively support the moving party's entitlement to judgment, summary judgment is not proper even if no opposing material is presented; "unexplained gaps" in material submitted by the moving party, if pertinent to material issues of fact, justify denial of a motion for summary judgment. Adickes v. S.H. Kress Co., 398 U.S. 144, 157-60, 90 S.Ct. 1598, 1608-09, 26 L.Ed.2d 142 (1970); Smith v. Hudson, 600 F.2d 60, 65 (6th Cir.), cert. dismissed, 444 U.S. 986, 100 S.Ct. 495, 62 L.Ed.2d 415 (1979); Fitzke v. Shappell, 468 F.2d 1072, 1077-8 (6th Cir. 1972).

III. LEGAL ANALYSIS

The Foster Grandparent Program is administered by the ACTION Agency under the authority of Part B, of Title II, of the Domestic Volunteer Service Act of 1973, as amended, 42 U.S.C. § 5011, et seq (the Act). The purpose of this program is to provide

opportunities for low-income persons aged sixty or over to provide supportive person-to-person services in health, education, welfare, and related settings to children having exceptional needs, including services by individuals serving as `foster grandparents' to children receiving care in hospitals, homes for dependent and neglected children, or other establishments providing care for children with special needs.

42 U.S.C. § 5011. The Act basically provides for a local program to be established with the sponsors to recruit and assign volunteers in compliance with ACTION guidelines. The Act authorizes ACTION to provide allowances, stipends and other support to Foster Grandparent Volunteers. 42 U.S.C. § 5011(d).

Plaintiff argues that it is the intent of Congress that Foster Grandparent Volunteers not be considered employees and that defendants' position that Ms. Becker is an employee for Ohio Workers' Compensation purposes goes directly against such Congressional intent. It is argued that considering Foster Grandparent Volunteers as employees is likely to encourage otherwise employable elderly individuals to abandon their productive jobs in the work force and become Foster Grandparent Volunteers. Further, such an interpretation would require local sponsors to make payments to the Ohio Bureau of Workers' Compensation thereby diverting already limited funds from other program uses.

It is defendants' position that Ms. Becker, as a participant in the Foster Grandparent Program, met all of the...