Clemmons v. Hawaii Medical Services Ass'n

273 F.R.D. 653, 2011 U.S. Dist. LEXIS 8584, 2011 WL 322633
CourtDistrict Court, D. Hawaii
DecidedJanuary 28, 2011
DocketCivil No. 10-00513 SOM/BMK
StatusPublished
Cited by2 cases

This text of 273 F.R.D. 653 (Clemmons v. Hawaii Medical Services Ass'n) is published on Counsel Stack Legal Research, covering District Court, D. Hawaii primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clemmons v. Hawaii Medical Services Ass'n, 273 F.R.D. 653, 2011 U.S. Dist. LEXIS 8584, 2011 WL 322633 (D. Haw. 2011).

Opinion

ORDER GRANTING DEFENDANTS’ MOTION TO (1) DISMISS PLAINTIFF’S COMPLAINT AGAINST DIANE KENT, (2) DISMISS COUNT IV, AND (3) STRIKE PARAGRAPHS 69 AND 70 OF THE COMPLAINT

SUSAN OKI MOLLWAY, Chief Judge.

I. INTRODUCTION.

Plaintiff Robert Clemmons brings this discrimination action, protesting allegedly unfair treatment by his employer, as well as his allegedly forced resignation. On motion by Defendants, the court now dismisses the claims for Title VII liability on the part of the lone individual Defendant, dismisses Clemmons’s negligence cause of action, and strikes certain statements referring to national origin and age discrimination.

II. FACTUAL BACKGROUND.

Robert Clemmons is a Caucasian male who was employed by Defendant Hawaii Family Medical Centers (“HFMC”) at its clinic, Kuhio Medical Center (“KMC”), on Kauai for 16 years. HFMC is a wholly owned subsidiary of Defendant Integrated Services, Inc. (“ISI”), which, in turn, is a wholly owned subsidiary of Defendant Hawaii Services Association (“HMSA”). Clemmons alleges that he was constructively discharged on or about April 8, 2009. Compl. ¶¶ 1-2, 24. The Complaint does not state Clemmons’s job title, but indicates that he performed x-rays for patients, including instructing patients on procedures for removal of clothing and use of lead aprons during the x-rays. Id. ¶27. Clemmons suffers from macular degeneration in both eyes. Id. ¶ 4. This disability, he alleges, did not impair his ability to perform his duties. Id. Clemmons is married and was 55 years old when he resigned. See id. ¶¶ 22,24.

Clemmons alleges that, while employed at KMC, he was “subjected to constant verbal harassment and derogatory comments” from female, nonwhite clinic managers regarding his marital status. Id. ¶ 2. He also alleges that he was treated differently by being required to perform menial manual labor tasks not requested of female employees, such as cleaning up bathroom messes or carrying boxes from a manager’s car. Id. ¶ 2. Nevertheless, Clemmons alleges, he received regular salary increases and favorable employment reviews until Defendant Diane Kent became his manager. Id. ¶ 13.

According to Clemmons, upon becoming his manager at some unstated time, Kent “increased the pattern of discriminatory con[655]*655duct.” Id. ¶ 2. Clemmons alleges that Kent reduced Clemmons’s scheduled annual pay-raise, even though there was no problem with his employment. Id. ¶20. Clemmons alleges that Kent did not reduce female, nonwhite employees’ pay raises. Id. Clemmons alleges that Kent denied pay to Clemmons for overtime work, altered his overtime cards, and made it difficult in various other ways for him to obtain overtime. Id. ¶21. Clemmons alleges that Kent did not subject female, nonwhite employees to similar treatment. Id.

Clemmons alleges that Kent told Clemmons in front of other employees that Clemmons was not as smart or experienced as the female, nonwhite employees and that he would always be an outsider. Id. ¶2. He alleges that Kent also made derogatory remarks in front of employees and patients about Clemmons’s disability, his ability to see, and the effect of his disability on his ability to work. Id. ¶ 23.

Clemmons alleges that Kent sexually harassed Clemmons by making inappropriate comments regarding his marital status and his wife and by sitting uncomfortably close to Clemmons. Id. ¶ 22. He alleges that Kent “jealous[ly] ... degraded] him for politely saying goodbye to a departing female intern.” Id. ¶ 26.

According to Clemmons, after he complained about Kent’s conduct to HMSA management, Kent retaliated by excluding him from company activities, falsely accusing him of sexually harassing female patients, and, ultimately, setting Clemmons up so he would be forced to resign. Id. ¶¶ 2-3, 25.

Clemmons alleges that, on March 23, 2009, Kent and several nurses denied Clemmons a female chaperone to assist with an x-ray of a female patient, even though clinic protocol called for a female chaperone. Id. ¶ 28. The patient left because of the delay, and Kent reported Clemmons to supervisors for failing to perform the x-ray. Id. After Clemmons contacted the patient to apologize, he was asked to leave the premises for violating the patient’s privacy rights. Id. On April 28, 2009, Clemmons was told that he would be terminated as a result of the incident, or that he could resign. Id. ¶29. Clemmons resigned. Id.

Clemmons asserts statutory claims for racial and gender discrimination, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17. Compl. ¶¶ 30-48. Additionally, Clemmons asserts common law claims for breach of contract, promissory estoppel, and negligence against all Defendants except Kent. Id. ¶¶ 49-67. Clemmons seeks declaratory judgment and injunction granting reinstatement, as well as back pay, benefits, compensatory damages, punitive damages, and attorneys’ fees. Id. at 20.

III. STANDARDS.

A. Rule 12(b)(6) of the Federal Rules of Civil Procedure.

Rule 12(b)(6) of the Federal Rules of Civil Procedure provides for dismissal of a complaint, or a claim therein, when a claimant fails “to state a claim upon which relief can be granted.” Dismissal under Rule 12(b)(6) may be based on either: (1) lack of a cognizable legal theory; or (2) insufficient facts under a cognizable legal theory. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir.1988) (citing Robertson v. Dean Witter Reynolds, Inc., 749 F.2d 530, 533-34 (9th Cir.1984)).

“To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” That is, a plaintiff must “plead[] factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, — U.S.-, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 556, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007); see Evanns v. AT & T Corp., 229 F.3d 837, 839 (9th Cir.2000)).

Under Rule 12(b)(6), the court’s review is generally limited to the contents of the complaint. See Marder v. Lopez, 450 F.3d 445, 448 (9th Cir.2006); Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir.2001). All allegations of material fact are taken as true and construed in the light most favorable to the nonmoving party. See Knievel v. [656]*656ESPN,

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Related

Clemmons v. Hawaii Medical Services Ass'n
836 F. Supp. 2d 1126 (D. Hawaii, 2011)

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Bluebook (online)
273 F.R.D. 653, 2011 U.S. Dist. LEXIS 8584, 2011 WL 322633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clemmons-v-hawaii-medical-services-assn-hid-2011.