Merriweather v. Alabama Dept. of Public Safety

17 F.Supp.2d 1260

Henrietta L. MERRIWEATHER, Plaintiff, v. ALABAMA DEPARTMENT OF PUBLIC SAFETY; L.N. Hagan, in his official capacity as Director of the Department of Public Safety, Defendants.

Civil Action No. 97-A-991-N.

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

September 14, 1998.

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Alvin T. Prestwood, Montgomery, AL, for Plaintiff.

William G. McKnight, Jack M. Curtis, Montgomery, AL, for Defendants.

MEMORANDUM OPINION

ALBRITTON, Chief Judge.

I. INTRODUCTION

This matter comes before the court on Defendants, Alabama Department of Public Safety's and L.N. Hagan's, Motion for Summary Judgment filed on June 18, 1998.

Plaintiff, Henrietta Merriweather, filed her Complaint in this case on June 26, 1997 in the United States District Court for the Middle District of Alabama. On February 12, 1998, Plaintiff filed an Amended Complaint. Plaintiff alleges that Defendants violated her rights to be free from racial discrimination in the workplace and asserts various claims arising under Title VII of the Civil Rights Act of 1964, as amended in 1991, (42 U.S.C. § 2000e et seq.), and 42 U.S.C. §§ 1981¹ and 1983, as well as claims arising under Alabama state law. Therefore, this court has federal subject matter jurisdiction pursuant to 28 U.S.C. § 1331 over the claims arising under federal statute and the United States Constitution and supplemental jurisdiction pursuant to 28 U.S.C. § 1367 over the claims arising under state law.

II. SUMMARY JUDGMENT STANDARD

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 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 322-24, 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). For the reasons stated herein, Defendant's Motion for Summary Judgment is due to be GRANTED.

III. FACTS

The evidence submitted by the parties establishes the following undisputed facts:

Plaintiff, Henrietta Merriweather, a black female, has been employed by Defendant Department of Public Safety ("DPS") since 1989 in Tuscaloosa County as a Drivers License Examiner I. In March of 1996, Margaret Watson, a white female also employed as a Drivers License Examiner I, was "semi-officially" named as "acting supervisor," or Drivers License Examiner II², and given additional job duties.³ At the same time, law enforcement officer, Trooper Terry, a black male, was also named as an acting supervisor. Merriweather contends that Watson had the opportunity to attend ongoing training courses which enabled her to advance, while Merriweather was not afforded such opportunities.

Merriweather also asserts claims based on the unequal application of work rules. While Defendants have a policy requiring all employees absent for medical reasons to submit written doctor's excuses, Merriweather asserts that white employees were not required to comply with that rule.

In March of 1995, Merriweather testified on behalf of Sara Smelley, a co-worker, during the litigation of Smelley's disability discrimination claim against DPS. Merriweather Dep. at p. 155, ll. 5-13. Merriweather also claims that she made several of her own complaints concerning what she perceived to be the discriminatory promotion of Watson in March of 1996. Merriweather Dep. at p. 182, ll. 2-14; p. 190, ll. 15-17. Subsequent to Smelley's trial in March of 1995 and Merriweather's lodging of her own complaints in March of 1996, Merriweather claims that the Defendants were angry with her and retaliated against her by giving her poor performance evaluations. Id. For example, Merriweather states that she received a negative job evaluation in July of 1996. Merriweather Dep. at p. 188, ll. 10-15. Merriweather stated that she refused to sign the evaluation because she believed the evaluation was unwarranted. Merriweather asserts that she was punished for refusing to sign the evaluation by being escorted to Montgomery.

IV. DISCUSSION

A plaintiff bringing a claim under Title VII must establish that the employer's actions were the result of intentional discrimination. St. Mary's Honor Center v. Hicks, 509 U.S. 502, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993). Where, as in this case, a plaintiff seeks to prove a claim by use of circumstantial evidence of the employer's intent, a framework of shifting burdens of proof applies. Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981).

First, the plaintiff must establish a prima facie case of discrimination. McDonnell Douglas v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Once the plaintiff establishes a prima facie case, the burden shifts to the employer to articulate a legitimate, nondiscriminatory reason for its actions. Id. This is a burden of production, not persuasion. Burdine, 450 U.S. at 254-55, 101 S.Ct. 1089. If the employer provides a legitimate, nondiscriminatory reason for its actions, the burden shifts back to the plaintiff to prove by a preponderance of the evidence that the reasons offered by the employer were a pretext for discrimination. McDonnell Douglas, 411 U.S. at 804, 93 S.Ct. 1817. To avoid summary judgment, the "evidence must be sufficient to create a genuine factual issue with respect to the truthfulness of the defendant's proffered explanation." Howard v. BP Oil Co., 32 F.3d 520, 525 (11th Cir. 1994).

A. Disparate Treatment and Equal Protection Claims (Counts I and V)

Merriweather contends that the Department of Public Safety took employment action against her on the basis of race. Merriweather brought claims against the Department of Public Safety and its Director, L.N. Hagan, in his official capacity, for race discrimination under 42 U.S.C. § 2000e ("Title VII") and 42 U.S.C. § 1983 for violation of the Equal Protection Clause of the United States Constitution. Both claims, premised on the same facts, require evidence of intentional discrimination on the basis of race. Consequently, the framework traditionally applied to claims of intentional discrimination under Title VII (the McDonnell Douglas-Burdine framework set out above) also applies to Merriweather's § 1983 claim for violation of the Equal Protection Clause. See Lee v. Conecuh County Bd. of Educ., 634 F.2d 959 (5th Cir.1981).⁴

Merriweather claims that she was treated in a racially discriminatory manner regarding several incidents in the course of her employment at DPS. See Plaintiff's Brief at pp. 6-7. In order to establish a prima facie case of racial disparate treatment, a plaintiff must prove: (1) she is a member of a protected class, (2) she suffered an adverse employment action, (3) the defendant treated similarly situated, non-minority employees more favorably, and (4) she was qualified for the position. Jones v. Carraway Medical Ctr., 137 F.3d 1306, 1310 (11th Cir.1998), superseded in non-relevant part on denial of reh'g, 151 F.3d 1321 (11th Cir.1998). The court examines each of these incidents separately below.

1. Failure to promote

Merriweather asserts that in March of 1996, she was denied a promotion to the position of "acting Driver License Examiner II" when the position was filled by a white employee with less experience, training, ability, and seniority. In order to establish a prima facie case in the hiring or promotion context, Merriweather must produce evidence that (1) she is a member of a protected group, (2) she applied for and was qualified for the job; (3) her application was rejected; and (4) the position was filled by a person outside the protected class who was only equally or less qualified. Arrington v. Cobb County, 139 F.3d 865, 873 (11th Cir.1998).

DPS contends that Merriweather has failed to satisfy the fourth requirement of a failure to promote claim because two other, more qualified employees, Examiner Margaret Watson, a white female, and Trooper Terry, a black male, were promoted to the position.⁵ See Yates Aff. at p. 2. These temporary appointments, which occurred...