Wright v. Butts

• Decision Date: 31 July 1996
• Docket Number: Civil Action No. 94-D-1602-N.
• Court: U.S. District Court — Middle District of Alabama
• Parties: Tom WRIGHT, d/b/a Easter & Associates, Plaintiff, v. James F. BUTTS, et al., Defendants.

Page 1352

953 F.Supp. 1352

Tom WRIGHT, d/b/a Easter & Associates, Plaintiff, v. James F. BUTTS, et al., Defendants.

Civil Action No. 94-D-1602-N.

United States District Court, M.D. Alabama, Northern Division.

July 31, 1996.

COPYRIGHT MATERIAL OMITTED

Tom Wright, Montgomery, AL, pro se.

Jack Franklin, Northn, Jerry L. Weidler, Alabama Dept. of Transportation, Montgomery, AL, Janie B. Clarke, Edward M. George, Harry A. Lyles, Jeffery Foshee, Montgomery, AL, for defendants.

MEMORANDUM OPINION AND ORDER

DE MENT, District Judge.

Before the court is the motion to dismiss or, in the alternative, motion for summary judgment filed by the State of Alabama Department of Transportation; James F. Butts, Director of the State of Alabama Department of Transportation; Ray Bass, Preconstruction Engineer for the State of Alabama Department of Transportation; T.D. Lenoir, Assistant Chief of Design Bureau for the State of Alabama Department of Transportation; Roy Keen, an Auditor for the State of Alabama Department of Transportation; Roy Hale, an Auditor for the State of Alabama Department of Transportation; Ronald J. Green, the Human Resources Coordinator for the State of Alabama Department of Transportation; and Fob James, the Governor of the State of Alabama (collectively referred to as the "State defendants").¹ After careful consideration of the arguments of the parties, the relevant case law and the evidence, the court finds that the state defendants' motion is due to be granted in part and denied in part.

JURISDICTION AND VENUE

Based upon 28 U.S.C. § 1331 (federal question jurisdiction) and 28 U.S.C. § 1343 (civil rights jurisdiction), the court properly exercises subject matter jurisdiction over this action. The parties do not contest personal jurisdiction or venue.

STANDARD OF REVIEW

On a motion for summary judgment, the court is to construe the evidence and factual inferences arising therefrom in the light most favorable to the nonmoving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 1608, 26 L.Ed.2d 142 (1970). Summary judgment can be entered on a claim only if it is shown "that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). As the Supreme Court has explained the summary judgment standard:

[T]he plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial. In such a situation, there can be no genuine issue as to any material fact, since a complete failure of proof concerning an essential element of the non-moving party's case necessarily renders all other facts immaterial.

Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). The trial court's function at this juncture is not "to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986) (citations omitted). A dispute about a material fact is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Anderson, 477 U.S. at 248, 106 S.Ct. at 2510; see also Barfield v. Brierton, 883 F.2d 923, 933 (11th Cir.1989).

The party seeking summary judgment has the initial burden of informing the court of the basis for the motion and of establishing, based on relevant "portions of `the pleadings, depositions, answers to interrogatories, and admissions in the file, together with affidavits, if any,'" that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Celotex, 477 U.S. at 323, 106 S.Ct. at 2552-53. Once this initial demonstration under Rule 56(c) is made, the burden of production, not persuasion, shifts to the nonmoving party. The nonmoving party must "go beyond the pleadings and by [his] own affidavits, or by the `depositions, answers to interrogatories, and admissions on file,' designate `specific facts showing that there is a genuine issue for trial.'" Id. at 324, 106 S.Ct. at 2553; see also Fed.R.Civ.P. 56(e).

In meeting this burden the nonmoving party "must do more than simply show that there is a metaphysical doubt as to the material facts." Matsushita Elec. Indus. Corp. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). That party must demonstrate that there is a "genuine issue for trial." Fed.R.Civ.P. 56(c); Matsushita, 475 U.S. at 587, 106 S.Ct. at 1356. An action is void of a material issue for trial "[w]here the record taken as a whole could not lead a rational trier of fact to find for the non-moving party." Id.; see also Anderson, 477 U.S. at 249, 106 S.Ct. at 2510-11.

FINDINGS OF FACT

Plaintiff Tom Wright ("plaintiff'), who is proceeding pro se, commenced this action on December 14, 1994.² The plaintiff, a black male, alleges that based upon his race, the State of Alabama Department of Transportation and various state and federal officials deprived him of an equal opportunity in contracting with the State of Alabama Department of Transportation, in violation of (1) Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq.; (2) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000d et seq.; (3) the Fourteenth Amendment to the United States Constitution, as enforced by 42 U.S.C. § 1983; (4) 42 U.S.C. § 1981; and (5) 42 U.S.C. § 1985(3). The plaintiff seeks compensatory and punitive damages, as well as injunctive and declaratory relief.

The plaintiff has sued the following defendants: James F. Butts, individually and in his official capacity as the Director of the State of Alabama Department of Transportation; Ray Bass, individually and in his official capacity as Preconstruction Engineer for the State of Alabama Department of Transportation; T.D. Lenoir, individually and his official capacity as Assistant Chief of Design Bureau for the State of Alabama Department of Transportation; Roy Keen and Roy Hale, individually and in their official capacities as auditors for the State of Alabama Department of Transportation; Ronald J. Green, individually and in his official capacity as the Human Resources Coordinator for the State of Alabama Department of Transportation; Fob James, individually and in his official capacity as Governor of the State of Alabama; Joe D. Wilkerson, individually and in his official capacity as the Division Administrator for the Alabama Division of the Federal Highway Administration, United States Department of Transportation; and Frederico F. Pena, sued individually and in his official capacity as the Secretary of the United States Department of Transportation.³

The facts that form the basis of the plaintiff's racial discrimination claims are as follows: The plaintiff asserts that, on behalf of Easter & Associates, he submitted a proposal to the Consultant Selection Committee of the State of Alabama Department of Transportation to perform survey work.⁴ See Pl.'s Compl. at ¶ 18.⁵ On April 5, 1993, after assessing the qualifications and availability of Easter & Associates, the State of Alabama Department of Transportation selected Easter & Associates to perform survey work in the Sixth Division. Id. This was Easter & Associates first contract with the State of Alabama Department of Transportation. Easter & Associates was approved for non-federal participation work only. Subsequently, the State of Alabama Department of Transportation performed an audit of Easter & Associates to establish the rates to be paid under the contract. Id. at ¶ 19; see also "Amendment" to Mot. for Sum. J., filed Feb. 14, 1995, Ex. A attached thereto (Pl.'s EEOC charge). According to the plaintiff, Mr. Keen informed the plaintiff and one of the plaintiff's employees that his audited review indicated that the plaintiff's hourly rate would be set at $110 per hour. Pl.'s Compl. at ¶ 19. However, when the plaintiff received the contract on June 22, 1993, the hourly rate stated therein was $47.93. Id.; see also "Amendment" to Mot. for Sum.J., filed Feb. 14, 1995, Ex. A attached thereto (Pl.'s EEOC charge). According to the plaintiff, Mr. Hale also was involved in conducting the audit of Easter & Associates. Pl.'s Compl. at ¶ 8.

Subsequently, the plaintiff asserts that he visited Mr. Lenoir and inquired about what he believed was an inordinately low contract rate. Id. at 32. The plaintiff states that Mr. Lenoir told him, in sum, that there was nothing he could do to change the rate and that the plaintiff would have to consult with the auditors. Id. The plaintiff further asserts that Mr. Lenoir told him that, to his knowledge, the hourly rate awarded to the plaintiff was the lowest rate ever received by a company which had contracted with the State of Alabama Department of Transportation. Id.

The plaintiff next approached Mr. Keen, who told him that he would have to speak with Mr. Hale regarding any changes in the audit. Id. at 33. The plaintiff further asserts that Mr. Keen told him that Mr. Hale instructed Mr. Keen to "lower the rates he arrived at as a result of his audit." Id. at ¶ 20. Mr. Hale, however, told the plaintiff that "that's the way it is," and there was nothing he could do to change the audit. Id. at 33. The plaintiff also sought assistance from Mr. Green, who told the plaintiff that he would need to speak with the Director of the State of Alabama Department of Transportation. Id. at ¶ 34.

The plaintiff further states that "based upon information and belief, ... Easter & Associates is the only black engineering and consulting firm which has ever been offered any consulting work for the Highway Department." Id. ...