Chapman v. Milwaukee County

151 F. Supp. 3d 892, 2015 U.S. Dist. LEXIS 167537, 128 Fair Empl. Prac. Cas. (BNA) 926, 2015 WL 9008384
CourtDistrict Court, E.D. Wisconsin
DecidedDecember 15, 2015
DocketCase No. 15-CV-14
StatusPublished
Cited by1 cases

This text of 151 F. Supp. 3d 892 (Chapman v. Milwaukee County) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chapman v. Milwaukee County, 151 F. Supp. 3d 892, 2015 U.S. Dist. LEXIS 167537, 128 Fair Empl. Prac. Cas. (BNA) 926, 2015 WL 9008384 (E.D. Wis. 2015).

Opinion

DECISION AND ORDER

WILLIAM E. DUFFIN, U.S. Magistrate Judge

I. Procedural History

On January 6, 2015, plaintiff Alonzo Chapman filed a complaint alleging that his employer, defendant Milwaukee County, violated Title VII of the Civil Rights Act of 1964 when it discriminated against him due to his race. (ECF No, 1.) He amended his complaint the following day. (ECF No. 2.) Shortly after new counsel appeared on behalf of Milwaukee: County, on August 12, 2015, the county moved for judgment on .the pleadings pursuant to Fed. R, Civ. P. 12(c). (ECF No. 13.) The court granted the motion on September 25, 2015, concluding that it was clear from the amended complaint that Chapman had not filed his charge of discrimination with the EEOC within 300 days of the alleged' discrimination. Chapman v. Milwaukee Cnty., 2015 U.S. Dist. LEXIS 130195 (E.D.Wis. Sept. 25, 2015). The court gave Chapman the opportunity to file a second amended complaint, which he did. on October 2, 2015. (ECF No. 19.)-Milwaukee County has now moved to;; dismiss the second amended complaint pursuant to Fed. R. Civ. P. 12(b)(6) for failure-to state a claim.

[895]*895The court has jurisdictioh pursuant to 28 U.S.C.' § 1331, Venue is proper under 42 U.S.C. § 2000e-5(f)(3). All parties have consented to have this court resolve this matter. (ECF Nos. 3,5.)

II. Facts

Since April 2, 2012, Chapman has been an assistant fire chief at General Mitchell International Airport. (ECF No. 19, ¶ 8.) His supervisor until March 25, 2Q14, was Paul Menches, the airport’s fire chief. (ECF No. 19, ¶ 8.) On March 28, 2013, Chapman reported to Menches “a very serious breach of firefighting protocol in connection with an emergency situation with a plane landing.” (ECF No. 19, ¶ 10.) When Menches did nothing to address the matter, Chapman reported the incident and Menches’s inaction to the airport’s deputy director, Terry Blue. (ECF No. 19, ¶ 10.) -

In early 2013 Chapman disagreed with Menehes’s decision not to hire a' female who was “ranked highest among candidates by far.” (ECF No, 19, ¶ 12.) Mench-es reportedly stated that his reason for not hiring her was because the department had “enough' female firefighters.” (ECF No. 19, ¶ 12.) Chapman “made known within the Department his strong objections to the chiefs hiring decision, ánd specifically to the stated basis for the decision.” (ECF No. 19, ¶ 12.)

Shortly after Chapman spoke with Blue about Menches, Menches went to Chapman’s “office and initiated a conversation with [Chapman] that was threatening and intimidating.” (ECF No. 19, ¶ 11.) Blue then attempted to. persuade Chapman to withdraw his complaint regarding Mench-es. (ECF No. 19, ¶ 11.) Chapman refused, leading Milwaukee County to “implement[] a series of discriminatory actions against- him over the following ten month period whereby he, was systematically stripped of duties and assignments that he had previously performed as an Assistant Fire Chief’ (ECF No. 19, ¶ 11), including removing Chapman from his role overseeing panels to assess firefighter applicants (ECF, No. 19, ¶ 12), inspecting and purchasing fire trucks (ECF No. 19, ¶ 13), acting as the airport’s safety officer (ECF No., 19, ¶ 14), and assisting in policy development (ECF No. 19, ¶ 15). The removal of duties did not occur with respect to other Assistant Chiefs who were white. (ECF No. 19, ¶ 11.) ,

With respect to his role overseeing the purchasing of fire trucks, Chapman “sought to enlist the advice and counsel- of Thomas Torres, an African American firefighter at GMIA, who was the most knowledgeable employee about the subject matter. Two white Assistant Chiefs, Scott Wisniewski and Kevin Doyne, did not want [Chapman] to include Mr- Torres in the discussion because of their dislike for him. [Chapman] refused to exclude Mr. Torres for that reason.” (ECF No. 19, ¶ 13.)

■Chapman contends that Milwaukee County removed responsibilities from him because of his race, because he refused -to withdraw the complaint .against Menches, and because he spoke “out about race and gender matters.” (ECF No. 19,. ¶ 16.) This, he alleges, was done-in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. (ECF No. 19, ¶¶ 17, 24.)

Chapman separately alleges that’ Milwaukee County violated 42 U.S.C. § 1981 when it suspended him following his complaint about Menches. (ECF No. 19, ¶¶ 19-24.) Chapman contends that, contrary to white employees, he was not afforded the benefit of progressive discipline before he was suspended. (ECF No. 19, ¶¶ 21-23.)

III. Analysis

Milwaukee County argues that Chapman’s Title VII discrimination claim must [896]*896be dismissed because an alteration of job duties, with no change in pay, rank, or hours, does not constitute an adverse employment action. (ECF No. 21 at 2.) With respect .to his Title VII retaliation claim, the county contends that Chapman does not allege or-demonstrate that he engaged in any statutorily protected activity and because he was acting as a manager when he opposed the decision not to hire the feniale candidate. (ECF No. 21 at 8-12.) As for Chapman’s § 1981 claims, the county argues that his retaliation claim fails because Chapman did not engage in any race-based statutorily protected activity and his discrimination claim fails because Chapman offers only legal conclusions rather than facts. (ECF No. 21 at 2.)

■ As a preliminary matter, Chapman makes passing references in his second amended complaint to state law claims. (ECF No. 19, ¶¶ 2, 9.) However, at no point does he develop any state law claim, and other portions of the second amended complaint are clear that Chapman is alleging only violations of federal law. {See ECF No. 19, “Nature of Action,” ¶¶ 17, 24.) To the extent that Chapman attempted to allege in the second amended complaint a violation of state law, the court finds that he has failed to do so and any such claim is dismissed pursuant to Fed. R. Civ. P. 12(b)(6).

Additionally, the court reminds Chapman’s counsel that this court’s local rules require that case names be either underlined or italicized. Gen. L.R. 5(a)(7). Failure to follow this requirement impairs the readability of a brief.

A. Title VII Discrimination

With respect to Chapman’s allegation that he suffered discrimination in violation of Title VII, aside from an isolated, incongruous, and conclusory statement (ECF No. 22 at 5 (“Mr. Chapman has alleged that the defendant stripped him of dirties because of his race.”)), Chapman offers no response to the county’s argument that the .assignment changes he alleges did not constitute adverse employment actions.

“A materially adverse employment action is something ‘more disruptive than a mere inconvenience or an alteration of job -responsibilities.’ ” Nichols v. S. Ill. University-Edwdrdsville, 510 F.3d 772, 780 (7th Cir.2007) (quoting Rhodes v. Ill. DOT, 359 F.3d 498 (7th Cir.2004)).

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151 F. Supp. 3d 892, 2015 U.S. Dist. LEXIS 167537, 128 Fair Empl. Prac. Cas. (BNA) 926, 2015 WL 9008384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chapman-v-milwaukee-county-wied-2015.