Carney v. Runyon

848 F. Supp. 153, 1994 U.S. Dist. LEXIS 4543, 68 Fair Empl. Prac. Cas. (BNA) 589, 1994 WL 121578
CourtDistrict Court, D. Kansas
DecidedMarch 14, 1994
DocketCiv. A. No. 92-2403-GTV
StatusPublished
Cited by2 cases

This text of 848 F. Supp. 153 (Carney v. Runyon) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carney v. Runyon, 848 F. Supp. 153, 1994 U.S. Dist. LEXIS 4543, 68 Fair Empl. Prac. Cas. (BNA) 589, 1994 WL 121578 (D. Kan. 1994).

Opinion

MEMORANDUM AND ORDER

VAN BEBBER, District Judge.

This case is before the court on the Cross-Motions for Summary Judgment (Docs. 20 and 22) filed by the parties to this action. At issue is whether plaintiff Carney is entitled to an award of statutory attorney fees under 42 U.S.C. § 2000e-5(k) based upon the settlement of an Equal Employment Opportunity [EEO] complaint. Plaintiff contends that she is entitled to an award of attorney fees under the statute because she received a favorable settlement of her EEO complaint, as well as a settlement of a related union grievance. Defendant argues, on the other hand, that plaintiff is not a “prevailing party” qualified to recover statutory attorney fees because she actually received her only remedy pursuant to a union grievance procedure. For the reasons set forth in this memorandum and order, plaintiffs motion for summary judgment is granted and defendant’s motion is denied.

I. SUMMARY JUDGMENT STANDARDS

In deciding a motion for summary judgment, the court must examine any evidence tending to show triable issues in the light most favorable to the nonmoving party. Bee v. Greaves, 744 F.2d 1387, 1396 (10th Cir.1984), cert. denied, 469 U.S. 1214, 106 S.Ct. 1187, 84 L.Ed.2d 334 (1985). A moving party is entitled to summary judgment only if the evidence indicates “there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). A genuine factual issue is one that “can reasonably be resolved only be a finder of fact because [it] may reasonably be resolved in favor of either party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986).

The moving party bears the initial burden of demonstrating the absence of a genuine issue of material fact. This burden may be discharged by “showing” that there is an absence of evidence to support the nonmov-ing party’s case. Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). Once the moving party has properly supported its motion for summary judgment, the burden shifts to the nonmoving party, who “may not rest on mere allegations or denials of his pleading, but must set forth specific facts showing that there is a genuine issue for trial.” Anderson, 477 U.S. at 256, 106 S.Ct. at 2514. Thus, the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment. Id.

II. FACTUAL BACKGROUND

The facts relevant to this action are not controverted and have been set out in a stipulation of facts agreed to by both parties:

Plaintiff Ramona Carney was an employee of the United States Postal Service and a member of the American Postal Workers Union. Pursuant to a collective bargaining [155]*155agreement applicable to plaintiff, grievance and arbitration procedures exist which contain a three step appeal procedure culminating in binding arbitration.

On November 26, 1990, plaintiff received a Notice of Removal effective January 4, 1991, alleging that she had falsified her employment application. Plaintiff filed a union grievance alleging that the removal was without just cause, and on December 5, 1990, a “Step 1” grievance meeting was held between Postal Service supervisor Ron McCay and APWU Local 890 President Richard Tyrel.

On December 18,1900, a “Step 2” meeting on the grievance was held between Postmaster Luther Brewer and Tyrel. On December 19, 1990, Brewer sent a letter to Tyrel denying the grievance. On December 26, 1990, Tyrel appealed the grievance to “Step 8.”

On March 13,1991, plaintiff retained attorney William Nulton to represent her in connection with her employment dispute with the Postal Service.

On April 25, 1991, Brewer sent plaintiff a letter that stated: “This is to inform you that your removal from the Postal Service is rescinded. You will be placed back on the rolls effective January 4, 1991, your previous effective removal date.” On April 20, 1991, however, plaintiff received a memorandum signed by Brewer stating that although she was returned to the rolls of the Postal Service on January 4,1991, a report of the Office of Worker’s Compensation Programs and other relevant medical evidence precluded her from returning to work then or now. The memorandum indicated that all medical evidence or record pointed to a pre-existing physical condition that precluded plaintiff from performing her job. The memorandum went on to state that plaintiff would be placed on the rolls of the Postal Service in Leave Without Pay status from January 4, 1991, forward and that plaintiff should not report for work until directed.

On May 8, 1991, attorney Nulton advised plaintiff to make a claim of handicap discrimination under EEO and her union grievance procedures. On May 9, 1991, plaintiff telephoned the Postal Service EEO Counselor to request counseling on a claim of physical handicap discrimination and age discrimination. On May 10,1991, plaintiff left a further message with the EEO Counselor indicating that attorney Nulton was representing her on her claim.

On May 13, 1991, the last of several “Step 3” meetings on plaintiffs initial union grievance was held between Thomas Brasser, Acting Manager of Labor Relations of the Wichita Division of the Postal Service, and William Wells, National Business Agent for the APWU. Brasser and Wells reached a settlement of the initial grievance which provided in pertinent part that:

The notice of removal issued to the griev-ant has been rescinded. The grievant will receive back pay for the period December 28, 1990 until the date she received the letter dated April 39, 1991 (Certified No. P 583540509)....
The above constitutes a full and complete settlement of the subject case and resolves any and all issues related thereto.

On May 13, 1991, plaintiff requested permanent light duty work under the provisions of her national union agreement. Plaintiffs request was denied by Brewer on May 15, 1991.

During May and June, 1991, plaintiff pursued several union grievances based upon the denial of her request for light duty work and the Postal Service’s refusal to allow her to return to work. Also in June, plaintiff had an initial interview with the Postal Service EEO Counselor and notified the Postal Service in writing that Nulton was representing her.

In July, 1991, plaintiff consulted with attorney Nulton concerning her EEO claim, and on July 24,1991, plaintiff filed her formal EEO complaint. On August 14, 1991, the Postal Service issued a Final Agency Decision on a portion of plaintiffs formal EEO complaint. In this decision the Postal Service denied that the April 30, 1991, letter from Brewer to plaintiff was a notice of removal.

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848 F. Supp. 153, 1994 U.S. Dist. LEXIS 4543, 68 Fair Empl. Prac. Cas. (BNA) 589, 1994 WL 121578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carney-v-runyon-ksd-1994.