Anderson v. City of Dallas Texas

116 F. App'x 19
CourtCourt of Appeals for the Fifth Circuit
DecidedOctober 29, 2004
Docket03-11229
StatusUnpublished
Cited by3 cases

This text of 116 F. App'x 19 (Anderson v. City of Dallas Texas) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. City of Dallas Texas, 116 F. App'x 19 (5th Cir. 2004).

Opinion

PER CURIAM: *

Loretta Anderson, acting pro se, filed suit against the City of Dallas and eight individual defendants after the City of Dallas terminated her employment in June 2000. In her lawsuit, Anderson alleged numerous federal and state law claims, including racial discrimination, sex discrimination, age discrimination, disability discrimination, retaliation, defamation, invasion of privacy, violations of her equal protection and due process rights, and conspiracy. The district court subsequently granted motions to dismiss and for summary judgment in favor of the defendants and entered final judgment. Anderson now alleges that the district court erred when it granted these motions. For the following reasons, we AFFIRM the judgment of the district court.

I. FACTUAL AND PROCEDURAL BACKGROUND

This lawsuit arises out of events leading up to and including the termination of Loretta Anderson’s employment with the City of Dallas (the “City”) on June 27, 2000. Prior to her termination, Anderson, an African-American female, worked as a shift supervisor in the City’s Communication and Information Services (“CIS”) department. At the time of her termination, she had worked in the CIS department for sixteen of her twenty-nine years with the City.

On March 17, 2000, Bruce Meeks, the Assistant Director of CIS-Information Services for the City, placed Anderson on administrative leave because of concerns about her fitness for duty. On March 21, 2000, Michael Puente, Anderson’s direct supervisor, instructed her to report to Dr. Melvin Berke, a psychologist working with the Holiner Psychiatric Group, for a fitness for duty exam. Anderson reported to Dr. Berke on March 23, 2000 and completed an MMPI evaluation. However, she refused to sign a “clean” medical release form, instead writing on the release form that she had been ordered by her employer to undergo the examination and to permit the release of her records. As a result, Dr. Berke would not release information about her exam to the City. This refusal by Anderson to sign a clean medical release form began a lengthy chain of events involving her refusal to sign other *23 clean release forms — a chain of events that ultimately lead to her discharge.

On May 1, 2000, approximately one month after Anderson first refused to sign a clean medical release form, Bruce Meeks issued a Direct Order to her instructing her to report for a fitness for duty evaluation and to sign, without alteration, any necessary medical release forms. Four days later, on May 5, 2000, Meeks sent Anderson a letter explaining why she was referred for a fitness for duty evaluation. He also issued that same day another Direct Order instructing her to report for a fitness for duty examination and to sign, without alteration, any necessary medical release forms.

On May 8, 2000, Anderson signed a form releasing confidential information from the Holiner Psychiatric Group. However, she wrote on the authorization form, “Order from my Dept ECI (Meeks).” That same day, she signed another version of this same form (releasing information from the Holiner Psychiatric Group), but wrote “2 attach” next to her signature and attached to it the May 5, 2000 letter and memorandum from the City to her. Similarly, on May 15, 2000, she reported for another appointment with a physician as part of her fitness for duty exam. At this appointment, she wrote “order attached” to the right of her signature on her insurance consent form. Additionally, she signed a medical release authorization form, but crossed out the word “patient,” failed to fill it out completely, and wrote “order attached” to the right of her signature. As a result, the physician conducting the examination would not release Anderson’s records to the City or to the psychologist who was evaluating her.

On June 12, 2000, the City sent Anderson a pre-termination letter stating that, as a result of her refusal to sign clean consent forms, disciplinary action, up to and possibly including termination, was possible. On June 27, 2000, the City held a pre-termination hearing. Defendants Suhm, Daniels, Evans, and McClain constituted the hearing panel. Following the hearing, Bruce Meeks sent Anderson a termination letter stating that she was being terminated for violating personnel rules. Subsequently, Anderson filed a grievance challenging her termination, and she was granted a grievance hearing. Dr. Berke, among others, testified at this hearing. The hearing did not, however, lead to Anderson’s reinstatement.

On January 28, 2000, before being terminated, Anderson filed a charge of discrimination against the City with the Equal Employment Opportunity Commission (“EEOC”), in which she alleged retaliation and racial discrimination. On February 3, 2000, Anderson received a right to sue notice on this charge of discrimination. On February 1, 2001, Anderson filed another charge of discrimination against the City, in which she alleged retaliation and disability discrimination. Anderson received a right to sue letter on this charge on February 7, 2001.

On May 7, 2001, Anderson, acting pro se, filed the present lawsuit, alleging that she was retaliated against and that the defendants discriminated against her on the basis of her race, sex, age, and disability. She also claimed that the defendants violated 42 U.S.C. §§ 1983, 1985(2), 1985(3), and her due process rights by ordering her to sign medical releases and by disciplining her. Finally, she asserted libel, slander, and invasion of privacy claims under Texas law.

On September 18, 2001, the district court granted a motion to dismiss filed by Dr. Berke, thereby dismissing all claims against him. The district court simultaneously dismissed all of Anderson’s claims arising under 42 U.S.C. § 1985 against *24 Madoka Armstrong, a nurse practitioner with the Holiner Psychiatric Group. Subsequently, on July 17, 2003, the district court granted a motion for summary judgment filed by the City, Suhm, Daniels, Evans, Meeks, Puente, and McClain. The district court then dismissed without prejudice Anderson’s remaining state-law claims and entered final judgment.

On November 12, 2003, Anderson filed a Notice of Appeal. On appeal, Anderson challenges the district court’s decision to dismiss her claims against Dr. Berke. She also appeals most, though not all, aspects of the district court’s decision granting the defendants’ motion for summary judgment.

II. STANDARD OF REVIEW

This court reviews a district court’s grant of summary judgment de novo, applying the same standard as the district court. See Fierros v. Tex. Dep’t. of Health, 274 F.3d 187, 190 (5th Cir.2001). According to the Supreme Court, “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.

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Bluebook (online)
116 F. App'x 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-city-of-dallas-texas-ca5-2004.