Bell v. Crowne Management, LLC

844 F. Supp. 2d 1222, 2012 WL 27806, 2012 U.S. Dist. LEXIS 1537
CourtDistrict Court, S.D. Alabama
DecidedJanuary 5, 2012
DocketCivil Action No. 11-0042-WS-N
StatusPublished
Cited by13 cases

This text of 844 F. Supp. 2d 1222 (Bell v. Crowne Management, LLC) is published on Counsel Stack Legal Research, covering District Court, S.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bell v. Crowne Management, LLC, 844 F. Supp. 2d 1222, 2012 WL 27806, 2012 U.S. Dist. LEXIS 1537 (S.D. Ala. 2012).

Opinion

ORDER

WILLIAM H. STEELE, Chief Judge.

This matter is before the Court on the defendant’s motion for summary judgment. (Doc. 38). The parties have filed briefs and evidentiary materials in support of their respective positions, (Docs. 39-40, 43-47, 52), and the motion is ripe for resolution. After carefully considering the foregoing, the Court concludes that the motion for summary judgment is due to be granted.

BACKGROUND

The plaintiff was employed by the defendant as a certified nursing assistant [1225]*1225(“CNA”) at the defendant’s nursing home facility in Brewton. She was terminated in May 2008 after hitting a co-employee on the head with a book. The plaintiff, who is black, alleges that her termination was based on racial discrimination in violation of Title VII and Section 1981.

DISCUSSION

Summary judgment should be granted only if “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The party seeking summary judgment bears “the initial burden to show the district court, by reference to materials on file, that there are no genuine issues of material fact that should be decided at trial.” Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11th Cir.1991). The moving party may meet its burden in either of two ways: (1) by “negating an element of the non-moving party’s claim”; or (2) by “point[ing] to materials on file that demonstrate that the party bearing the burden of proof at trial will not be able to meet that burden.” Id. “Even after Celotex it is never enough simply to state that the non-moving party cannot meet its burden at trial.” Id.; accord Mullins v. Crowell, 228 F.3d 1305, 1313 (11th Cir.2000); Sammons v. Taylor, 967 F.2d 1533, 1538 (11th Cir.1992).

“If the party moving for summary judgment fails to discharge the initial burden, then the motion must be denied and the court need not consider what, if any, showing the non-movant has made.” Fitzpatrick v. City of Atlanta, 2 F.3d 1112, 1116 (11th Cir.1993); accord Mullins, 228 F.3d at 1313; Clark, 929 F.2d at 608.

“If, however, the movant carries the initial summary judgment burden ..., the responsibility then devolves upon the nonmovant to show the existence of a genuine issue of material fact.” Fitzpatrick, 2 F.3d at 1116. “If the nonmoving party fails to make ‘a sufficient showing on an essential element of her case with respect to which she has the burden of proof,’ the moving party is entitled to summary judgment.” Clark, 929 F.2d at 608 (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)) (footnote omitted); see also Fed.R.Civ.P. 56(e)(2) (“If a party fails to properly support an assertion of fact or fails to properly address another party’s assertion of fact as required by Rule 56(c), the court may ... consider the fact undisputed for purposes of the motion.... ”).

In deciding a motion for summary judgment, “[t]he evidence, and all reasonable inferences, must be viewed in the light most favorable to the nonmovant....” McCormick v. City of Fort Lauderdale, 333 F.3d 1234, 1243 (11th Cir.2003).

The parties have submitted a number of exhibits, some of which they have not referenced in their briefs or have referenced only in part.1 There is no burden on the Court to identify unreferenced evidence supporting a party’s position.2 Accordingly, the Court limits its review to the exhibits, and the specific portions of the exhibits, which the parties have expressly cited.3

[1226]*1226Likewise, “[t]here is no burden upon the district court to distill every potential argument that could be made based upon the materials before it on summary judgment,” Resolution Trust Corp. v. Dunmar Corp., 43 F.3d 587, 599 (11th Cir.1995), and the Court accordingly limits its review to those arguments the parties have expressly advanced.

“In order to establish a case under Title VII, a plaintiff may use three different kinds of evidence of discriminatory intent: direct evidence, circumstantial evidence or statistical evidence.” Standard v. A.B.E.L. Services, Inc., 161 F.3d 1318, 1330 (11th Cir.1998). The plaintiff relies on the first two of these avenues.4

I. Direct Evidence.

“Direct evidence is evidence that establishes the existence of discriminatory intent behind the employment decision without any inference or presumption.” Standard, 161 F.3d at 1330.5 “Therefore, ... remarks unrelated to the decisionmaking process itself are not direct evidence of discrimination.” Id. Specifically, “[a] biased statement, separate in time from the employment decision under challenge, is not direct evidence of discrimination.” Williamson v. Adventist Health System/Sunbelt, Inc., 372 Fed.Appx. 936, 940 (11th Cir.2010)

As her direct evidence, the plaintiff relies on an alleged statement by the white administrator of the Brewton facility, Mark Manning, in 2004 or 20056 to the effect that he had some good n-s working at the facility. (Doc. 44 at 7-9, 17-19). Manning’s alleged comment was not made in the context of an employment decision concerning the plaintiff but was made at his home some three or four years earlier, without even a reference to the plaintiff. Multiple inferences and presumptions would be required to bridge the gap between his alleged statement and the decision to terminate the plaintiff, and the statement therefore cannot constitute direct evidence of discrimination.7

[1227]*1227II. Circumstantial Evidence.

In Title VII cases not based on direct evidence, the burden is first on the plaintiff to establish a prima facie case. If she succeeds, the employer must meet its burden of articulating one or more legitimate, nondiscriminatory reasons for the adverse employment action. If it does so, the burden shifts back to the plaintiff to show that the employer’s proffered reasons are a pretext for illegal discrimination. E.g., Wilson v. B/E Aerospace, Inc., 376 F.3d 1079, 1087 (11th Cir.2004) (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973) and Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981)). As discussed below, the plaintiff cannot establish a prima facie case and therefore cannot survive summary judgment.

A. Comparator.

“To establish discrimination in discipline, ...

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Bluebook (online)
844 F. Supp. 2d 1222, 2012 WL 27806, 2012 U.S. Dist. LEXIS 1537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bell-v-crowne-management-llc-alsd-2012.