Boothe v. Henderson

31 F.Supp.2d 988

Jennifer Allisa BOOTHE, Plaintiff, v. William J. HENDERSON, Postmaster General of the United States, Defendant.

No. CV 197-176.

United States District Court, S.D. Georgia, Augusta Division.

December 18, 1998.

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Sam G. Nicholson, Law Offices, Augusta, GA, for Plaintiff.

Edmund A. Booth, Jr., U.S. Attorney's Office, Augusta, GA, for Defendant.

ORDER

BOWEN, Chief Judge.

Before the Court in the above-captioned matter is Defendant's Motion for Summary Judgment as to all claims in this employment discrimination case.¹ Upon consideration of the briefs and the relevant law, it is hereby ORDERED that Defendant's motion is GRANTED for the reasons stated below.

I. BACKGROUND

Plaintiff, Jennifer Allisa Boothe (Boothe), was an employee of the United States Postal Service from May 1994 until March 1997. She is a twenty-eight-year-old white female. Boothe was hired at the Augusta Branch Postal Office as a part-time employee.

During a break from work on February 1, 1995, Boothe slipped and fell in the work bathroom. She received a head injury from the fall. Her husband took her to the emergency room where she was treated with anti-inflammatory and pain medication, then released. (Boothe Dep. at 23). Four days later, Boothe contacted her general practitioner, Dr. Jack Hudson, who referred her to a neurologist, Dr. John Reynolds.

On February 9, 1995, she was examined by Dr. Reynolds. Dr. Reynolds diagnosed Boothe with a "Musculoskeltal [sic] CX and lumbar sprain with pain of movement of neck and lower back." (Dr. Reynolds Dec. ¶ 4). He prescribed medication and physical therapy and required Boothe "to refrain from working if it would require any lifting, pushing or pulling motions." (Id.). Plaintiff's last day at work was February 14, 1995. From that date until her termination on March 24, 1997, Boothe never returned to work at the post office.

Shortly after the fall, Boothe contends that she called the post office by telephone almost every day and informed her employer of her situation. During one of these telephone conversations, Boothe states that her Plant Manager, Antonio Menendez, "started yelling at" her about the fall and "was very berating." (Boothe Dep. at 34).

On February 14, 1995, Boothe contends that she went to work to complete some required training and to check on a problem with her paycheck. (Id. at 34). The training required her to listen to a presentation. While checking on the pay problem, Boothe contends that Mr. Paul Balducci, a supervisor, told Boothe that he needed an accident form filled out. Boothe told Mr. Balducci that Mr. Belangia, her direct supervisor, had told her that the form was already complete. Mr. Balducci, however, insisted that he never received the form and instructed Boothe to complete a form and give it to Mr. Menendez. (Id.).

Boothe states that when she tried to give the completed form to Mr. Menendez that he said, "why did [Mr. Balducci] have you fill it out ... [t]his is not right. And he grabbed me, physically by the upper left arm with his right hand, pulled me out the door and started walking down the hallway." (Id. at 35). When they approached Mr. Balducci, Mr. Menendez said, "if you turn this in this way I will controvert it. And he turned and walked off." (Id. at 36).

Subsequently, Boothe submitted an application for workers' compensation benefits. She received benefits from February 1, 1995, until February 12, 1996. The benefits were terminated based upon an evaluation by another physician, Dr. Joe D. Christian, Jr. Boothe appealed her benefits termination and continues that appeal during the pendency of this litigation.

Boothe further states that in July 1995 she was stalked by Mr. Menendez while shopping at Wal-Mart. She filed a formal report with the police concerning the alleged incident. Mr. Menendez admits that while he was shopping at Wal-Mart he saw Boothe, he purchased a camera, and he took pictures of her. Mr. Menendez sent the pictures to the Postal Inspector and states that he had been instructed to "keep an eye on her" to see if she was capable of performing her job. (Menendez Dep. at 15).

Also in July 1995, the Defendant offered Boothe a "limited job" if she would return to work. (Boothe Dep. at 44). Limited duty is available to postal employees who are injured on the job. She did not accept the offer. (Id.). She stated that "[m]y doctor did not release me to accept the offer." (Id.).

As previously stated, on November 14, 1995, Dr. Joe D. Christian, Jr., examined Boothe on behalf of the Office of Workers's Compensation Programs (OWCP). He determined that she was not totally or partially disabled and could return to work. The Defendant received a report from OWCP outlining Dr. Christian's findings from the medical examination.

After receiving the report, Menendez sent Boothe a notice by certified mail directing her to report to work by January 8, 1996, or face possible termination. Boothe did not return to work. Subsequently, two additional notices were sent in February 1996 and April 1996 directing her to report to work. These notices also directed her to provide medical documentation concerning her inability to return to work or any physical limitations she might have if she did return. Boothe responded with a letter that Dr. Reynolds had not released her to return to work.

Almost a year later in January 1997, Boothe submitted a request to return to work under light duty. Her return was medically conditioned upon limitations of no pushing or pulling and lifting not to exceed 5-10 pounds. These limitations were indefinite in duration. On February 12, 1997, Defendant denied her request for return under a light duty assignment concluding that no light duty could be found within her restrictions. Defendant contends that a tray of mail weighs approximately twenty pounds or more. In this letter, Defendant informed Boothe of her right to apply for disability retirement.

On February 19, 1997, Defendant sent Boothe a notice of her proposed removal from employment because of her unavailability and inability to perform needed work. Boothe did not respond to the notice. On March 4, 1997, Defendant sent a letter of termination effective March 24, 1997.

According to Boothe, she attended regularly scheduled visits with Dr. Reynolds from February 1995 until her employment terminated. (Boothe Dep. at 25; Reynolds Decl. ¶ 7). She was last seen by Dr. Reynolds in March 1997. Dr. Reynolds states that Boothe "was never released by me to return to work at the post office." (Id.).

On June 16, 1997, Boothe filed a complaint alleging (1) sexual discrimination and harassment pursuant to Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e et seq., (2) disability discrimination pursuant to the Rehabilitation Act of 1973, 29 U.S.C. § 794, and (3) a state claim for intentional infliction of emotional distress. Defendant filed its Motion for Summary Judgment as to all claims on March 20, 1998.

II. SUMMARY JUDGMENT STANDARD

The Court should grant summary judgment only if "there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). Applicable substantive law determines which facts are material, that is, which facts have the potential to affect the outcome of the trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-49, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The Court must "resolve all reasonable doubts about the facts in favor of the non-movant, and draw all justifiable inferences in his [or her] favor." United States v. Four Parcels of Real Property, 941 F.2d 1428, 1437 (11th Cir.1991) (en banc) (internal quotation marks and citations omitted).

The moving party has the initial burden of showing the Court, by reference to materials on file, the basis for the motion. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). However, the nature of the movant's initial burden "varies depending on whether the legal issues, as to which the facts in question pertain, are ones on which the movant or the non-movant would bear the burden of proof at trial." Fitzpatrick v. City of Atlanta, 2 F.3d 1112, 1115 (11th Cir.1993). If the movant bears the burden of proof at trial, that party "must show that, on all the essential elements of its case, ... no reasonable jury could find for the non-moving party." Four Parcels, 941 F.2d at 1438. On the other hand, if the non-movant has the burden of proof at trial, the movant may carry the initial burden either by negating an essential element of the non-movant's case or by demonstrating that there is an absence of evidence to prove a fact necessary to the non-movant's case. See Clark v. Coats & Clark, Inc., 929 F.2d 604, 606-08 (11th Cir.1991) (explaining Adickes v. S.H. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970) and Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)). Merely stating that the non-movant cannot meet the burden at trial is insufficient. Id.

If — and only if — the movant carries the initial burden, the non-movant may avoid summary judgment only by "demonstrat[ing] that there is indeed a material issue of fact that precludes summary judgment." Id. at 608.² Again, this burden varies depending upon whether the movant or non-movant bears the burden of proof at trial. If the movant has the burden of proof at trial, the non-movant may avoid summary judgment only by coming forward with evidence sufficient to withstand a motion for directed verdict at trial. Fitzpatrick, 2 F.3d at 1116 (citation omitted). If the non-movant bears the burden of proof at trial, the non-movant's response must be tailored to the method by which the movant carried its initial burden. If the movant presented evidence affirmatively negating a material fact, the non-movant "must respond with evidence sufficient...