Anderson v. Kent State University

804 F. Supp. 2d 575, 2011 U.S. Dist. LEXIS 36051, 2011 WL 1259901
CourtDistrict Court, N.D. Ohio
DecidedMarch 31, 2011
DocketCase No. 5:08cv2312
StatusPublished

This text of 804 F. Supp. 2d 575 (Anderson v. Kent State University) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Kent State University, 804 F. Supp. 2d 575, 2011 U.S. Dist. LEXIS 36051, 2011 WL 1259901 (N.D. Ohio 2011).

Opinion

MEMORANDUM OPINION AND ORDER [Resolving Doc. 35]

SARA LIOI, District Judge.

This matter comes before the Court on Defendants’ motion for summary judgment on all of Plaintiffs claims. The matter has been fully briefed and is ripe for disposition. For the reasons set forth herein, Defendants’ motion is GRANTED.

I. BACKGROUND

Plaintiff Robin Anderson (“Plaintiff’) is a former employee of Kent State University (“KSU”), a state university. When employed by KSU as a carpenter, Plaintiff worked in the Campus Environment and Operations department (“CE & O”). For several years during his employment, he used his KSU email account to send what he now characterizes as “robust and irreverent” emails expressing his displeasure with his employer and his employment. (Doc. 39 at 4.) KSU found that the emails were offensive and threatening and amounted to a failure of good behavior. After repeated warnings and discipline, KSU terminated his employment.

Plaintiff now brings this action under 42 U.S.C. § 1983 for monetary and equitable relief, claiming that his emails were an exercise of his First Amendment rights and that his termination was retaliatory and a violation of those rights. Plaintiff names as defendants KSU and several KSU employees, namely Alvin Evans, the Associate Vice President for Human Resources; Jerusha Kelson, the Manager of Labor Relations; Robert Misbrener, Project Manager in the Office of the University Architect1; Michael McDonald, the Di[578]*578rector of CE & 0 at all times relevant to this litigation; and Martin Cofojohn, the Structures Superintendent. Plaintiff seeks monetary damages from the Individual Defendants in their individual capacities. He seeks equitable relief — -including lost pay and benefits — from KSU and from the Individual Defendants in their official capacities.2

Defendants have moved for summary judgment on Plaintiffs only claim on the basis that Plaintiff cannot establish a prima facie case of retaliatory discharge in violation of the First Amendment.

A. FACTUAL HISTORY

Beginning as early as February 2004, Plaintiff was using his campus email account to send emails to members of the KSU community about issues of interest to him.3 These emails increased in frequency and changed in tone around July 2006.

A memorandum of a “verbal warning” in Plaintiffs file reflects that sometime around July 26, 2006, Plaintiff was counseled by his supervisors, Martin Cofojohn and Bob Misbrener, regarding an email he had sent to a co-worker which the coworker found offensive. (Doc. 29-21.) According to the memorandum, Plaintiff had also sent an email to Cofojohn in which he criticized Cofojohn’s job performance. Id. Cofojohn urged Plaintiff to “improve in this area.” Id.

Plaintiff sent an email on July 30, 2006, to Cofojohn, Misbrener and others, opening by calling it a “man-to-man letter” and proceeding to define the terms libel and slander, labels that his supervisors had apparently attached to his earlier emails during the meeting referenced in the memorandum of the verbal warning. (Doc. 29-13.) In this email, Plaintiff called his supervisors “buttercups” and “weenies.” Id.

In a second August 1, 2006 memorandum (Doc. 29-22), entitled “Insubordination, Creating a Hostile Work Place, and Improper Language,” Cofojohn issued a written warning regarding a public confrontation between himself and Plaintiff. As documented by Plaintiff himself in an August 6, 2006 email (Doc. 29-14), when Cofojohn and Plaintiff disagreed about an issue within the context of Plaintiffs employment, Plaintiff told Cofojohn three times that he was “full of shit” before he completed the task without further incident. Plaintiff sent his August 6 account of the incident not only to his supervisors, but also to a large number of people in the KSU community, including the board of trustees, KSU President Lester Lefton (“Lefton”), and Carolyn Pizzuto (“Pizzuto”), the vice president of human resources. He referred to the incident as a “pissing contest,” recounting the events in some detail.

Beginning August 16, 2006, Plaintiff sent multiple emails to many of the same recipients (including Lefton and Pizzuto) in which he again generously employed name-calling, sarcasm and insults. (Docs. 29-16, 29-17, 29-18, 29-19, 29-20.) He called his supervisors “stuporvisors” and “stupidintendents,” as well as “buttercups,” “sweetpeas,” “cupcakes,” and “dear-hearts.” He asked his supervisor “just [579]*579when the HELL” he intended to retire, noting “It can’t be too soon for me, don’t you know!!!” (Doc. 29-16) (emphasis in original.) The topics of these emails ranged from job postings at other institutions to the number of supervisors in the grounds department to management’s performance on training exercises.

The barrage of emails continued throughout August. On August 17, 2006, Plaintiff sent an email to Lefton, carbon copying Mike McDonald, among others. (Doc. 29-25.) He complained that the disciplinary process had been misused against him and, after reminding them of his First Amendment rights, concluded ‘Your [sic] messing with a man who uses a hammer for a liveing [sic], buttercup!” Id.

In another email sent the same day to Lefton and many others, Plaintiff informed the recipients about “military doctrine” and the definition of insubordination. (Doc. 29-27.) Having compared civilians with military personnel and contrasted their relative abilities to comprehend the import of authority and the gravity of insubordination, he concluded,

You “gentlemen” will not snap your fingers and tell me to “jump” and, even if you dared do so, sirs, you will never obtain a response such as “Yes sir ... how high!” The mission of Kent State University is not worthy of such doctrine or allegiance and you, sirs, have most definitely not earned it!

Id.

Plaintiff underwent a pre-disciplinary hearing on September 25, 2006, on a charge of failure of good behavior. (Doc. 29-35.) He argued to those assembled that his emails were not inappropriate and that most reasonable people did not consider them to be a threat. His supervisors, on the other hand, concluded that his emails to Mike McDonald were threatening and contributed to a hostile work environment, and that Plaintiffs behavior constituted a failure of good behavior. He was suspended for 10 days without pay, which was set aside because he accepted a referral to KSU’s employee assistance program, IMPACT, for counseling. The summary concluded that “[i]n the event that Mr. Anderson continues to send threatening e-mails, it is recommended that his employment be terminated.” (Doc. 29-35 at 2.) Alvin Evans sent Plaintiff a memo dated October 20, 2006, outlining the topics discussed at the hearing and reminding Plaintiff that further failure of good behavior or continued name-calling and threatening remarks would result in “further disciplinary action, up to and including termination of employment.” (Doc. 29-37.) Plaintiff confirmed in his deposition that he had received Evans’s memo. (Doc. 28 at 36.)

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Adickes v. S. H. Kress & Co.
398 U.S. 144 (Supreme Court, 1970)
Harlow v. Fitzgerald
457 U.S. 800 (Supreme Court, 1982)
Connick Ex Rel. Parish of Orleans v. Myers
461 U.S. 138 (Supreme Court, 1983)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Rankin v. McPherson
483 U.S. 378 (Supreme Court, 1987)
Anderson v. Creighton
483 U.S. 635 (Supreme Court, 1987)
National Collegiate Athletic Assn. v. Tarkanian
488 U.S. 179 (Supreme Court, 1988)
Will v. Michigan Department of State Police
491 U.S. 58 (Supreme Court, 1989)
Robert Stern v. Kenneth Shouldice
706 F.2d 742 (Sixth Circuit, 1983)
Williams v. Commonwealth Of Kentucky
24 F.3d 1526 (Sixth Circuit, 1994)
Rosemary Rahn v. Drake Center, Inc.
31 F.3d 407 (Sixth Circuit, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
804 F. Supp. 2d 575, 2011 U.S. Dist. LEXIS 36051, 2011 WL 1259901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-kent-state-university-ohnd-2011.