Carla Warfield v. Lebanon Correctional Institution Jacqueline Marshall

181 F.3d 723, 1999 U.S. App. LEXIS 15017, 84 Fair Empl. Prac. Cas. (BNA) 597, 1999 WL 446564
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 1, 1999
Docket98-3588
StatusPublished
Cited by98 cases

This text of 181 F.3d 723 (Carla Warfield v. Lebanon Correctional Institution Jacqueline Marshall) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carla Warfield v. Lebanon Correctional Institution Jacqueline Marshall, 181 F.3d 723, 1999 U.S. App. LEXIS 15017, 84 Fair Empl. Prac. Cas. (BNA) 597, 1999 WL 446564 (6th Cir. 1999).

Opinion

OPINION

BOGGS, Circuit Judge.

Carla Warfield appeals the grant of summary judgment for defendant prison and an individual defendant on her complaint alleging Title VII gender discrimination in employment. Warfield, who was a newly-hired prison guard, was terminated after allegedly failing to perform up to standards during a probationary period of employment. Finding that the grant of summary judgment to defendants was proper, we affirm.

I

Carla Warfield 1 was hired by the Ohio Department of Rehabilitation and Correction as a corrections officer effective October 31,1994. She was assigned to work as an officer at defendant-appellee Lebanon Correctional Institution (“Lebanon”). Lebanon houses some of the most dangerous felons in Ohio’s prison system.

Upon commencing her employment at Lebanon on October 31, 1994, Warfield was required to serve a probationary period of 180 days pursuant to the provisions of a' collective bargaining agreement between the state and the Ohio Civil Service Employees Association. The purpose of the probationary period is to afford the institution the opportunity to observe closely newly-hired employees and to decide whether their performance warrants retaining them beyond their probationary period. Harry Russell, the warden at Lebanon, stated in an affidavit that

[probationary correction officers at the Institution are formally evaluated twice during their probationary period, once at- the approximate mid-point of their probationary period and once at the end of that period. In addition, throughout a correction officer’s probationary period, he or she is provided with informal *726 guidance and counseling. Ms. Warfield received both a mid[-]probationary evaluation and a final probationary evaluation.
[Lebanon] generally assigns its probationary employees to a different shift and, as a result, different supervisors, during the first and second halves of their probation. The purpose of this practice is to allow the probationary employees the opportunity to work with different correction officers and different supervisors throughout their probationary period..

During the first half of her probationary period, Warfield was assigned to work the first shift (6 a.m. - 2 p.m.). Lieutenant George Crutchfield was one of Warfield’s supervisors on that shift and was responsible for completing Warfield’s mid-probationary evaluation. Crutchfield’s written evaluation of Warfield was summarized by his comment, “Failure to pass mid-probation due to lack of satisfactory results on evaluation.” In his evaluation, Crutchfield rated Warfield as “below expectations” in four evaluation categories and as “meets expectations” in four categories. Crutch-field observed that Warfield, inter alia:

• Had “difficulty showing authority with supervising inmates.”
• Gave “[i]ncorrect range counts [that] on different occasions ha[ve] caused count to be late.” 2
• “[H]as been observed laughing and talking to inmates for several minutes causing a lack of professionalism.”
• “[N]eeds to self-evaluate whether corrections is the proper job career for her and her personality....”

Major Stephen Bowman, who was responsible for reviewing Crutchfield’s evaluation, wrote that “Officer [Warfield]’s performance is substandard thus far. Need to show significant improvement to be retained.” Warfield acknowledged that she had provided inaccurate counts and that she needed to improve in her inmate supervision skills. She wrote on the evaluation form, “[Appreciate and will improve.”

In preparing his evaluation, Crutchfield consulted with other corrections officers. Officer Terry Snelling, who worked in the same cell block with Warfield, told Crutch-field that he did not believe Warfield was a good corrections officer and was a security risk to the institution. Snelling claimed that Warfield had once left her baton-like weapon in her block’s unisex bathroom, in violation of prison rules stating that officers should never leave weapons unattended. Officer Gregory Gainey, who also worked in the same cell block with War-field, told Crutchfield that Warfield was unable to control the inmates for whom she was responsible and was a security risk. He reported that Warfield had once left her cell block unattended and locked non-guard prison personnel in the block with inmates; the personnel had “no way of getting out of the block.”

Following her mid-probationary evaluation, Warfield was transferred to the second shift (2 p.m. - 10 p.m.). Lieutenant Jacqueline Marshall, 3 a female, was one of Warfield’s supervisors on that shift and was responsible for completing Warfield’s final probationary evaluation. In her final evaluation, Marshall rated Warfield as “below expectations” in all eight evaluation categories. In the evaluation, Marshall observed that Warfield, inter alia:

• “Does not follow procedures .. [and] needs to be closely monitored.”
• “[S]eems unable to grasp the concept of security....”
• “Doesn’t understand how to run blocks effectively.”
*727 • “[W]alks to Code Ones [prison alerts] instead of responding quickly.”
• Was the subject of “constant complaints from staff and inmates.”

Submitted along with the evaluation form was a letter by Marshall further evaluating Warfield’s performance. According to the letter, Lieutenant Benjamin Dunn, another of Warfield’s supervisors, indicated to Marshall that Warfield “needs to think more before she acts.” Captain Norman Holloway indicated to Marshall that during one prison alert, Warfield did not respond to the alert properly and had told Holloway that “enough officers were present during the [alert] and that she wouldn’t be of any aid to them.” Marshall’s letter concluded with the observation that Warfield’s “obvious lack of interest with her job places her as a liability instead of an asset to this institution.”

Marshall later stated in an affidavit that, on numerous occasions, she had to counsel Warfield about permitting too many inmates out of their cells. Warfield had also allowed inmates from other cell blocks into her block (in violation of prison policy); had been observed surrounded by four or more inmates; and had been advised by Marshall about “being too friendly with the inmates and allowing herself to be surrounded by them.” Marshall also believed that Warfield did not keep inmates in order during “mass movement.”

After Marshall completed Warfield’s final evaluation on May 7, 1995, the evaluation was referred to Major Stephen Bowman, who was responsible for reviewing it. Bowman signed the evaluation and noted that Warfield’s “performance has been substandard. Recommend not to retain.” He then presented the evaluation to Warden Russell for his review.

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181 F.3d 723, 1999 U.S. App. LEXIS 15017, 84 Fair Empl. Prac. Cas. (BNA) 597, 1999 WL 446564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carla-warfield-v-lebanon-correctional-institution-jacqueline-marshall-ca6-1999.