Vazquez v. Bedsole

• Decision Date: 09 June 1995
• Docket Number: No. 3:94-CV-13-H-3.,3:94-CV-13-H-3.
• Citation: 888 F. Supp. 727
• Court: U.S. District Court — Eastern District of North Carolina
• Parties: Sian M. VAZQUEZ, Plaintiff, v. Morris BEDSOLE, individually, and as Sheriff of Cumberland County, North Carolina, and Cumberland County, North Carolina, Defendants.

888 F. Supp. 727

Sian M. VAZQUEZ, Plaintiff, v. Morris BEDSOLE, individually, and as Sheriff of Cumberland County, North Carolina, and Cumberland County, North Carolina, Defendants.

No. 3:94-CV-13-H-3.

United States District Court, E.D. North Carolina, Western Division.

June 9, 1995.

COPYRIGHT MATERIAL OMITTED

James R. Nance, Jr., Reid, Lewis, Deese & Nance, Fayetteville, NC, for plaintiff.

Bobby G. Deaver, Douglas E. Canders, Asst. County Atty., Fayetteville, NC, for defendants.

ORDER

MALCOLM J. HOWARD, District Judge.

This matter comes before the court on the defendants' motion for summary judgment filed February 9, 1995, pursuant to Rule 56(e) of the Federal Rules of Civil Procedure. The plaintiff filed a response/motion pursuant to Rule 56(f) of the Federal Rules of Civil Procedure on April 4, 1995, in opposition to the defendants' motion for summary judgment. The plaintiff filed a response and memorandum in opposition to the defendants' motion for summary judgment on May 1, 1995, with exhibits and other attachments.

The court conducted a hearing on May 24, 1995, in regards to the plaintiff's Rule 56(f) motion. Pursuant to an agreement negotiated between the parties, the court found the plaintiff's Rule 56(f) motion to be moot. The court granted the plaintiff leave of court to submit a response in opposition to the defendants' motion for summary judgment outside the time limits and further granted the plaintiff leave of court to submit additional exhibits in opposition to the defendants' motion for summary judgment. This matter is ready for adjudication.

Statement of the Facts

The plaintiff, Sian M. Vazquez, a former female deputy sheriff for the Cumberland County Sheriff's Department, commenced this action of February 25, 1994, alleging (1) gender discrimination in violation of Title VII of the Civil Rights Act of 1965, as amended, 42 U.S.C. §§ 2000-(e) et seq.; (2) discrimination in violation of her rights under the Equal Opportunity for Individuals with Disabilities Act, pursuant to 42 U.S.C. §§ 12101 et seq; and, (3) intentional infliction of emotional distress.

The plaintiff began working as a deputy sheriff with the Cumberland County Sheriff's Department on August 27, 1990. At the time of the plaintiff's employment with the sheriff's department, Morris Bedsole served as Cumberland County's Sheriff. On December 24, 1990, while on duty as a deputy sheriff, the plaintiff was struck on the head with a crutch, suffering a depressed skull fracture and intracerebral hemorrhage. This serious injury caused the plaintiff to endure periodic epileptic seizures, nausea, dizziness, and headaches. The defendant Morris placed the plaintiff on administrative leave for a time period.

The plaintiff alleges that she suffered complications, requiring her to undergo extensive surgeries. As a result of these surgeries, the plaintiff continued her administrative leave. Between February 8, 1991 and December 19, 1992, the plaintiff was able to perform her duties during sporadic periods of employment. On December 19, 1992, the plaintiff returned to her duties as a deputy sheriff within the department's civil office, which allowed the plaintiff to remain as an active deputy sheriff but with less demanding duties than as a patrol officer. The plaintiff was removed from this position when she required additional surgery in January 1993.

The plaintiff's seizures continued following the multiple surgeries that were performed. The plaintiff was unable to fulfill the deputy sheriff duties she originally performed, including but not limited to operating a vehicle, overcoming an assailant, and handling a weapon. Soon thereafter, the defendant Morris allegedly demoted the plaintiff to a clerical position within the sheriff's department, which position was a lower pay scale. The plaintiff contends that she resigned from the clerical position to search for higher paying employment.

The plaintiff maintains that she was removed from her deputy sheriff position and placed on the clerical staff because of her gender. The plaintiff further contends that the defendants, in violation of the Americans With Disabilities Act ("ADA"), failed to locate the plaintiff a deputy sheriff position that would be a reasonable accommodation to the plaintiff and her known disability. The plaintiff seeks reinstatement, back pay, attorney's fees, and other compensatory damages.

Discussion

Summary judgment, authorized by Rule 56 of the Federal Rules of Civil Procedure, is to be granted where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See, e.g., Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The party moving for summary judgment bears the initial burden of showing that there is no genuine issue of material fact. Kimmell v. Seven Up Bottling Co., 993 F.2d 410 (4th Cir.1993), citing Celotex Corp., 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The non-moving party bears the burden of coming forward with evidence to oppose summary judgment. Id. A non-movant "may not rest upon the mere allegations or denials of the adverse party's pleading, but the adverse party's response, by affidavits ..., must set forth specific facts showing that there is a genuine issue for trial." Fed. R.Civ.P. 56(e).

I. Americans With Disabilities Act Claim

The ADA prohibits an employer with twenty-five or more employees from discriminating "against a qualified individual with a disability because of the disability." 42 U.S.C. § 12112(a); see also 42 U.S.C. § 12111(5)(a). An employer is not allowed to discriminate with regards to "job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training and other terms, conditions, and privileges of employment." 42 U.S.C. § 12112(a); Dutton v. Johnson County Bd. of County Comm'rs, 859 F.Supp. 498, 504 (D.Kan.1994).

The plaintiff contends that the defendants discriminated against her simply because of her disability by refusing to reinstate the plaintiff as a deputy sheriff following her surgeries. The plaintiff asserts that the defendants had a statutory duty to locate a reasonable position that a person with her disability could perform. The defendants contend that the plaintiff was removed from her position as a deputy sheriff because she was unable to fully and completely satisfy all the necessary qualifications of that position.

The Fourth Circuit has developed two independent legal theories through the McDonnell Douglas and Tyndall cases for establishing ADA violations against disabled plaintiffs. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); Tyndall v. Nat'l Educ. Ctrs, 31 F.3d 209 (4th Cir.1994). Traditionally, the court required a plaintiff to prove an employer discriminated against him because of a disability through the Tyndall three-prong test. The Fourth Circuit held on May 15, 1995, that the McDonnell Douglas prima facie case for discrimination brought pursuant to Title VII of the Civil Rights Act is also applicable to complaints of ADA violations. Ennis v. NABER, 53 F.3d 55 (4th Cir.1995) (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973)).

McDonnell Douglas requires that a plaintiff prove the employer's discrimination by a preponderance of the evidence through a four-prong test for discrimination: (1) that the plaintiff was in a protected class; (2) that the plaintiff was discharged; (3) that at the time of the discharge, the plaintiff was performing her job at a level that met her employer's legitimate expectations; and (4) that her discharge occurred under circumstances that raise a reasonable inference of unlawful discrimination. Ennis, at 58-59. A court should utilize this four-prong prima facie case for discrimination where the employer articulates a legitimate, non-discriminatory justification for terminating the disabled employee's employment. Teahan v. Metro-North Commuter Railroad Co., 951 F.2d 511, 514 (2nd Cir.1991), cert. denied, ___ U.S. ___, 113 S.Ct. 54, 121 L.Ed.2d 24 (1992); see, e.g., Crawford v. Runyon, 37 F.3d 1338, 1341 (8th Cir.1994). However, when the employer relies somewhat upon the employee's disability in discharging the employee, the Tyndall three-prong analysis is applied. In the instant action, the employer maintained that the plaintiff's disability hindered the plaintiff from successfully performing her duties. Accordingly, the Tyndall test is used in this particular case.

Under Tyndall, the plaintiff has the burden of establishing a violation of the ADA by proving: (1) that she has a disability; (2) that she is qualified for the position of deputy sheriff; and, (3) the defendants' discharge of the plaintiff was based upon unlawful discrimination as a result of the plaintiff's disability. Doe v. Univ. of Md. Medical Sys. Corp., 50 F.3d 1261, 1264-65 (4th Cir.1995); Tyndall v. Nat'l Educ. Ctrs, 31 F.3d 209, 212 (4th Cir.1994). Upon review of each of these factors, the court finds that the plaintiff has established a genuine issue of material fact, requiring this court to deny the defendants' motion for summary judgment as to the ADA claim.

A. The Plaintiff Suffers From A Known Disability.

The ADA defines disability as "a physical or mental impairment that substantially limits one or more of the major life activities of such individual." 42 U.S.C. § 12102(2)(A). The plaintiff contends that the severe head injury she endured caused her to suffer periodic epileptic seizures. The epileptic seizures occur on a semi-regular basis. At one point, the plaintiff endured headaches, nausea, and dizziness approximately once a week. The symptoms continue to occur on a less frequent basis.

The defendants do not dispute the plaintiff's contentions...