Baker v. Alabama Department of Public Safety

296 F. Supp. 2d 1299, 2003 U.S. Dist. LEXIS 23198
CourtDistrict Court, M.D. Alabama
DecidedDecember 19, 2003
DocketNo. CIV.A. 02-A-1049-N
StatusPublished
Cited by1 cases

This text of 296 F. Supp. 2d 1299 (Baker v. Alabama Department of Public Safety) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baker v. Alabama Department of Public Safety, 296 F. Supp. 2d 1299, 2003 U.S. Dist. LEXIS 23198 (M.D. Ala. 2003).

Opinion

MEMORANDUM OPINION AND ORDER

ALBRITTON, Chief Judge.

I. INTRODUCTION

This case is before the court on a Motion for Summary Judgment filed by the Alabama Department of Public Safety, Chief Patrick Manning, Captain Jeff Standridge, and Lieutenant Clifford Nall, (“Defendants”) on July 15, 2003 (Doc. # 12).

Samuel D. Baker (“Plaintiff’ or “Baker”) filed his Complaint on September 9, 2002 bringing claims pursuant to 42 U.S.C. § 2000e et seq. (“Title VII”) for race discrimination (Count I), retaliation (Count II), and harassment (Count III).

For the reasons to be discussed, the Motion for Summary Judgment is due to be GRANTED.

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, 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 [1301]*1301party 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. See 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).

The summary judgment rule is to be applied in employment discrimination cases as in any other case. Chapman v. AI Transport, 229 F.3d 1012, 1026 (11th Cir.2000)(e% banc).

IIL FACTS

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

In the State of Alabama, state troopers escort college football teams to games. Lieutenant Nall, who is black, wanted to be the trooper escort for the Alabama A & M football team, but Trooper Samuel Baker, who is also black, received the assignment. Plaintiffs Exhibit 3.1 Thereafter the relationship between these two men deteriorated; what once had been a friendship turned spur and adversarial.

Samuel Baker has worked for the Alabama Department of Public Safety since 1988. In 2001, when he wanted to be transferred out of the Alabama Bureau of Investigation, it was to Lieutenant Nall’s post in Huntsville that he transferred. Shortly after starting in his new position, Baker expressed an interest in an obtaining an additional duty assignment as the escort for the Alabama A & M football team. Nall supervises twenty three troopers in three different counties. According to Nall, he was concerned that the other troopers would view any special duty assignment as being favoritism towards Baker, whom they knew to be a friend of his. Defendants’ Exhibit 30 at p. 2. Besides, he thought that by allowing Baker to transfer into the Huntsville Highway Patrol, thereby enabling him to avoid any further discipline for an incident that occurred while he was with the ABI, Baker was already ben-efitting from a large enough favor. Id. Nall also felt that Baker should earn any special assignments over time through hard work and that seeking the escort assignment at this point was premature. Id. Thus, he allegedly instructed Baker to leave the football assignment alone. Id. Baker indicates that this was said in a joking manner, so he did not take the instruction seriously. Baker’s Deposition at 92. Nall apparently had warned that “anybody who puts in for the A & M escort is going to be in for a bumpy ride” and asked Baker “if this A & M slot is worth all the heat I’m going to bring on [1302]*1302you if you get it?” Id. Baker thought Nall was merely “kidding.” Id.

Nall concedes that there were no written departmental guidelines on applying for the escort positions, thus technically any trooper was eligible to apply and Baker was as entitled as anyone else to do so. Defendants’ Exhibit 30 at 3; Defendants’ Exhibit 21 at 26. Nevertheless, Nall considered Baker’s actions in ignoring his instructions and contacting Alabama A & M officials directly about the escort position to be insubordination. Defendants’ Exhibit 30 at 3. Baker, who was aware that his orders regarding the escort position would be faxed into the Huntsville post, told Agent Price, a friend of his, to watch the expression on Nall’s face when the letter arrived. Baker’s Deposition at 100. Believing that Nall was kidding about not applying for the escort position, Baker says that he did this because he “was under the impression, at the time, that we were still playing.” Id. 102. Price told Nall about Baker’s suggestion. Nall interpreted Baker’s statement as mockery; he felt that it undermined his authority with the other troopers. Defendants’ Exhibit 30 at 25. Shortly after being informed of Baker’s comment, Nall instructed Assistant Post Commander Gerald Kuntz to switch Baker from the day shift to the evening shift. Defendants’ Exhibit 28 at 11. Nall also changed Baker’s off day, his call sign, and required him to work a back to back shift that involved escorting the Alabama A & M team from Huntsville, Alabama to Baton Rouge, Louisiana. Baker’s Deposition at 56;

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Related

Baker v. ALABAMA DEPT. OF PUBLIC SAFETY
296 F. Supp. 2d 1299 (M.D. Alabama, 2003)

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