Campos v. Town of Pahrump

274 F. Supp. 3d 1106
CourtDistrict Court, D. Nevada
DecidedAugust 11, 2017
DocketCase No. 2:13-cv-00218-RFB-GWF
StatusPublished
Cited by6 cases

This text of 274 F. Supp. 3d 1106 (Campos v. Town of Pahrump) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campos v. Town of Pahrump, 274 F. Supp. 3d 1106 (D. Nev. 2017).

Opinion

ORDER

Defendant’s Motion for Summary Judgment, ECF No. 39

RICHARD F. BOULWARE, II, United States District Judge

I. INTRODUCTION

This case arises out of various actions by Defendant against Plaintiff, who was previously- employed by Pahrump Valley Fire Rescue Services (“PVFRS”) as a Firefighter/Emergency Medical Technician-Intermediate. Plaintiff' alleges four causes of action: 1) Discrimination under the Americans with Disabilities Act (“AÍ)Á”) and N.R.S. 613.330; 2) Retaliation under the ADA and N.R.S. 613.330; 3) Wrongful Termination; and’4) Invasion of Privacy. For the reasons stated below, the Court GRANTS Defendant’s Motion for Summary Judgment (ECF No. 39).

II. BACKGROUND

This case was removed on February 7, 2013. ECF No. 1. Early Neutral Evaluation was conducted on May 1, 2013. ECF No. 21. The case did not settle as to Town of Pahrump, the remaining defendant. On March -17, 2014, Defendant filed a Motion for Summary Judgment. ECF No. 39. On March 14, 2016, the Court held a hearing as to Defendant’s Motion for Summary Judgment.

[1110]*1110III. LEGAL STANDARD

Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show “that 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); accord Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In ruling on á motion for summary judgment, the court views all facts and draws all inferences in the light most favorable. to the nonmoving party. Johnson v. Poway Unified Sch. Dist., 658 F.3d 954, 960 (9th Cir. 2011).

Where the party seeking summary judgment does not have the ultimate burden of persuasion at trial, it “has both the initial burden of production and the ultimate burden of persuasion on a motion for summary judgment.” Nissan Fire & Marine Ins. Co., Ltd. v. Fritz Companies, Inc., 210 F.3d 1099, 1102 (9th Cir. 2000). “In order to carry its [initial] burden of production, the moving party must either produce evidence negating an essential element of the nonmoving party’s claim or defense or show that the nonmoving party does not have enough evidence of an essential element to carry its ultimate burden of persuasion at trial.” Id If the movant has carried its initial burden, “the nonmoving party must produce evidence to support its claim or defense.” Id. at 1103. In doing so, the nonmoving party “must do more than simply show that there is some metaphysical doubt as to the material facts.... Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no genuine issue for trial.” Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007) (alteration in original) (internal quotation marks omitted). However, the ultimate burden of persuasion on a motion for summary judgment rests with the moving party, who must convince the court that no genuine issue of material fact exists. Nissan Fire, 210 F.3d at 1102.

IV. UNDISPUTED FACTS

The Court incorporates its findings of undisputed facts articulated during the hearing on March 14, 2016, but highlights the following crucial undisputed facts here. Campos worked for Town- of Pahrump (“Pahrump”) as a Fire Fighter/EMT-Intermediate (EMT-I) from March 2006 until October 10, 2010. On September 5, 2010 Campos and his coworker responded to an émergency call at Terrible’s Hotel and Casino. After Campos brought the patient to the Emergency Room,' the patient died while in the ER.

Following the September 5th incident, Lieutenant Smith engaged in an investigation beginning the next day, on September 6, 2010. She memorialized her “investigative findings report” on September 8, 2010. As a result of her investigation, Lt. Smith determined that Mr. Campos violated PVFRS protocol and approved procedures. In addition, she determined that Mr. Campos violated Nevada Administrative Code Sections (“NAC”) 450B.384, and 450B.385, authorized practices for EMT’s and EMT-Intermediates.

On September 10, 2010 Lt. Smith met with Campos. Campos told her about physical issues regarding his throat and neck, and she shared that information with Chief Lewis. On September 14, 2010, Plaintiff was placed on paid administrative leave. A final determination regarding the September 5th incident was made in the Final Investigation Report dated September 16, 2010. On that same day, Campos sent Fire Chief Scott Lewis and Human Resources Coordinator Terry Bostwick his worker’s compensation claim.

On September 23, 2010 Chief Lewis notified Campos of pending disciplinary ac[1111]*1111tion. On September 30, 2010 Campos, his Union Representative'Chris Van Leuven, Chief Lewis and Terry Bostwick met for a pre-disciplinary hearing. On October 4, 2010 Chief Lewis terminated Campos effective October 8, 2010.

Mr. Campos grieved this termination. However, on' November 8, 2010 Town Manager Bill Kohbarger denied this grievance. The termination was moved to arbitration. Simultaneously, the Union was involved in discussions with Town Manager Kohbarger and discussed the possibility of Plaintiffs return to work on a Last Chance Agreement.

Several months after his termination, on April 12, 2011, Défendant offered'Plaintiff the opportunity to return to work under the terms of the Last Chance Agreement (“LCA”) at a meeting. Plaintiff signed the LCA that day. Present at the meeting were Pahrump Town Manager Bill Koh-barger, Human Resources Director Terry Bostwick, Fire’Chief Lewis, Union President Tim Murray and Campos. Campos agreed, among other things, to return to work as soon as practical and to be placed on an 18-month probation. He also agreed that the LCA was a full séttlement and release of any and all claims pertaining to that termination and grievance. At the meeting, Mr. Kohbarger inquired as to when Plaintiff would be able to return to work. Campos stated that he was able to return to full duty right away, and in fact, provided a doctor’s note confirming .that status. Plaintiff returned .to work immediately after the LCA was signed.

On April 18, 2011, a few days after his reinstatement, Mr. Campos filed an EEOC complaint regarding his first termination. Pahrump received a copy of Campos’ Charge of Discrimination on or around April 24, 2011.

On approximately August 18,2011, Chief Lewis received notice of a call to Nye County dispatch related to a citizen complaint. The complaint stated that a verbal altercation between two firefighters, including Campos, had taken place by a park in front of several families. Chief Lewis conducted an investigation. In the investigation, Campos and the other firefighter confirmed that, the altercation took place and that foul language was used. Chief Lewis determined that both firefighters violated PVFRS rules and regulations, and that Plaintiff violated his LCA.

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274 F. Supp. 3d 1106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campos-v-town-of-pahrump-nvd-2017.