Bylsma v. Bailey

127 F.Supp.2d 1211

Joanne BYLSMA, Plaintiff, v. Nick D. BAILEY, in his official capacity Acting Director of the Alabama Department of Economic and Community Affairs (ADECA), and Steve Walkley, in his official capacity as Division Director of the ADECA Workforce Development Division, and individually, Defendants.

No. CIV.A. 00-A-609-N.

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

January 22, 2001.

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Alvin T. Prestwood, Jamie A. Durham, Volz, Prestwood, Hanan & Barganier, PC, Montgomery, AL, for Plaintiffs.

Edward E. Davis, Alabama Department of Economic and Community Affairs, Margaret L. Fleming, Charles B. Campbell, Office of the Attorney General, Alabama

State House, Redding Pitt, U.S. Attorney, U.S. Attorney's Office, Montgomery, AL, David W. Ogden, U.S. Department of Justice, Torts Branch, Civil Division, Washington, DC, Richard G. Lepley, Susan M. Demske, U.S.Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER

ALBRITTON, Chief District Judge.

I. INTRODUCTION

This case is before the court on a Motion to Reconsider filed by the Defendants on September 29, 2000, and on a Second Renewed Motion to Dismiss/Motion for Summary Judgment filed by the Defendants on November 27, 2000.

The Plaintiff, Joanne Bylsma, filed her Complaint in this case on May 11, 2000. The Defendants subsequently filed a Motion to Dismiss or for Summary Judgment which was granted in part and denied in part by this court on September 15, 2000. In ruling on the motion, the court noted that the Defendants had not raised the issue of Eleventh Amendment immunity.

On September 29, 2000, the Defendants asked the court to reconsider the denial of its original Motion to Dismiss, or in the Alternative for Summary Judgment, treated as a Motion for Summary Judgment, as to the Family Medical Leave Act ("FMLA") claim, arguing that the state is immune under the Eleventh Amendment and that Congress' purported abrogation of such immunity is unconstitutional. The Defendants also indicated that they would be filing a new Motion for Summary Judgment on the merits of the Plaintiff's claims.

This court subsequently entered an Order stating that it would decide the Defendants' motion raising the Eleventh Amendment immunity defense along with the Second Motion for Summary Judgment. The court also notified the Attorney General of the United States of America that the constitutionality of a federal statute was being called into question.

On November 16, 2000, the United States Department of Justice filed a Motion to Intervene, which was granted by this court.

In deciding the Defendants' Motions, the court has considered all of the briefs and submissions of the Defendants, the Plaintiff, and the United States.

II. SUMMARY JUDGMENT STANDARD¹

Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment is proper "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." Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

The party asking for summary judgment "always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the `pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Id. at 323, 106 S.Ct. 2548. The movant can meet this burden by presenting evidence showing there is no dispute of material fact, or by showing, or pointing out to, the district court that the nonmoving party has failed to present evidence in support of some element of its case on which it bears the ultimate burden of proof. Id. at 322-324, 106 S.Ct. 2548.

Once the moving party has met its burden, Rule 56(e) "requires the nonmoving party to go beyond the pleadings and by [its] 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. 2548. To avoid summary judgment, the nonmoving party "must do more than show that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). On the other hand, the evidence of the nonmovant must be believed and all justifiable inferences must be drawn in its favor. Anderson v. Liberty Lobby, 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

After the nonmoving party has responded to the motion for summary judgment, the court must grant summary judgment if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c).

III. FACTS

The submissions of the parties establish the following facts, viewed in a light most favorable to the non-movant:

The Plaintiff is an employee of the Alabama Department of Economic and Community Affairs ("ADECA"). The Plaintiff contends that she has been retaliated against by Defendant Steve Walkley ("Walkley"), who at one time served as her supervisor, and Ben Barnes ("Barnes"), her current supervisor, in violation of the First Amendment because she reported an over-obligation of public funds and violations of federal law, and in violation of the FMLA because she requested FMLA leave. The Plaintiff says that her performance evaluation was lowered, she was denied advance sick leave, and her supervisory duties were taken away from her, among other employment actions.

The Defendants dispute that the Plaintiff suffered an adverse employment action of any kind. The Defendants further contend that the report written by the Plaintiff which purported to report an over-obligation of funds and violations of federal law was in error, and that the Defendants acted legally in denying the Plaintiff advance sick leave.

IV. DISCUSSION

A. First Amendment Claim

The Defendants have presented extensive arguments as to why they are due to prevail on the merits of their Motion for Summary Judgment as to the Plaintiff's First Amendment claim. In ruling on a Motion for Summary Judgment previously filed by the Defendants, the court concluded that Defendant Walkley was due to be granted qualified immunity on the First Amendment claim, but that the claim would proceed against Defendant Walkley in his official capacity and against Nick Bailey ("Bailey"), who was only sued in his official capacity as Director of ADECA.

In their Second Renewed Motion for Summary Judgment, and in an intervening Motion for Reconsideration, the Defendants have raised the defense of Eleventh Amendment immunity. The Defendants point out that a suit against Walkley and Bailey in their official capacities is essentially a suit against the State of Alabama. The Plaintiff has not responded to this argument.

A state is not considered to be a "person" for purposes of § 1983 actions. Will v. Michigan Department of State Police, 491 U.S. 58, 70, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989). In addition, where a party attempts to sue a state or a state agency in federal court, the Eleventh Amendment prohibits the federal court from exercising jurisdiction over the suit, except where the state has consented to be sued or waived its immunity, or where Congress has overridden the state's immunity. See Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 98-100, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984); Quern v. Jordan, 440 U.S. 332, 341, 99 S.Ct. 1139, 59 L.Ed.2d 358 (1979). Furthermore, "[l]awsuits against a state official in his or her official capacity are suits against the state when `the state is the real, substantial party in interest.'" Carr v. City of Florence, Ala., 916 F.2d 1521, 1524 (11th Cir.1990)(quoting Pennhurst State School & Hosp. v. Halderman, 465 U.S. 89, 101, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984)). Where a plaintiff seeks monetary relief from a state employee in his or her official capacity, the state is considered the real party in interest because an award of damages would be paid by the state. Id. Consequently, summary judgment is due to be GRANTED on the First Amendment claims to the extent that the Plaintiff seeks monetary damages.

State agents in their official capacities, however, may be properly subject to prospective injunctive relief under § 1983 because such actions are not treated as actions against the State. See Cross v. State of Ala. Dept. of Mental Health & Mental Retardation, 49 F.3d 1490 (11th Cir.1995); see also Kentucky v. Graham, 473 U.S. 159, 167 n. 14, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985). Furthermore, the Eleventh Amendment does not insulate official capacity defendants from actions seeking prospective injunctive relief. See Cross, 49 F.3d at 1503; Wu v. Thomas, 863 F.2d 1543, 1550 (11th Cir.1989). In this case, the Plaintiff has requested prospective injunctive relief. Accordingly, the court will examine the merits of the grounds for summary judgment as to her First Amendment claims to determine whether she may proceed on her claims against the individual defendants in their official capacities for prospective injunctive relief.

A claim by a public employee that he or she was punished for exercising a right to freedom of speech requires the court to conduct a four part inquiry. First, the court must determine whether the alleged speech implicated a matter of public concern. Watkins v. Bowden, 105 F.3d 1344 (11th Cir.1997) (citation omitted). If so, the court must weigh the employee's First Amendment interest against the interest of the public employer. Id. at 1352; see also Pickering v. Bd. of Ed., 391 U.S. 563, 568, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968)(the court must balance "an...