Coleman v. Alabama State University

904 F. Supp. 2d 1245, 2012 WL 5287045, 2012 U.S. Dist. LEXIS 152465
CourtDistrict Court, M.D. Alabama
DecidedOctober 24, 2012
DocketCase No. 2:11-CV-814-WKW
StatusPublished
Cited by3 cases

This text of 904 F. Supp. 2d 1245 (Coleman v. Alabama State University) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coleman v. Alabama State University, 904 F. Supp. 2d 1245, 2012 WL 5287045, 2012 U.S. Dist. LEXIS 152465 (M.D. Ala. 2012).

Opinion

MEMORANDUM OPINION AND ORDER

KEITH WATKINS, Chief Judge.

Plaintiff Jay Coleman brings this action against his former employer, Alabama State University (“ASU”), alleging gender-based disparate pay and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17. He also brings a state law claim against ASU’s president and the members of ASU’s board of trustees in their official capacities for equitable relief, asserting that these Defendants improperly delegated their power to terminate employees. [1248]*1248Before the court is Defendants’ motion for summary judgment (Doc. # 33). Plaintiff filed a response to which Defendants replied. (Docs. # 37, 45.) Based upon careful consideration of the arguments of counsel, the relevant law, and the record as a whole, Defendants’ motion for summary judgment is due to be granted on the federal law claims, and supplemental jurisdiction is due to be declined on the state law claim.

I. JURISDICTION AND VENUE

Subject matter jurisdiction is exercised pursuant to 28 U.S.C. §§ 1331 and 1343(a)(3), 42 U.S.C. § 2000e-5(f)(3), and 28 U.S.C. § 1367. The parties do not contest personal jurisdiction or venue, and the court finds that there are allegations sufficient to support both.

II. STANDARD OF REVIEW

“Summary judgment is appropriate ‘if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.’” Greenberg v. BellSouth Telecomms., Inc., 498 F.3d 1258, 1263 (11th Cir.2007) (per curiam); Fed.R.Civ.P. 56(a). The party moving for summary judgment “always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of [the record, including pleadings, discovery materials and affidavits], which it believes demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The movant may meet this burden by presenting evidence indicating there is no dispute of material fact or by showing that the nonmoving party has failed to present evidence in support of some element of its case on which it bears the ultimate burden of proof. Id. at 322-24, 106 S.Ct. 2548.

If the movant meets its evidentiary burden, the burden shifts to the nonmoving party to establish, with evidence beyond the pleadings, that a genuine issue material to each of its claims for relief exists. Fed.R.Civ.P. 56(c); Celotex Corp., 477 U.S. at 324, 106 S.Ct. 2548; Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11th Cir.1991). What is material is determined by the substantive law applicable to the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). “The mere existence of some factual dispute will not defeat summary judgment unless that factual dispute is material to an issue affecting the outcome of the case.” McCormick v. City of Fort Lauderdale, 333 F.3d 1234, 1243 (11th Cir.2003) (per curiam) (internal quotation marks and citation omitted).

A genuine issue of material fact exists when the nonmoving party produces evidence that would allow a reasonable fact-finder to return a verdict in its favor. Greenberg, 498 F.3d at 1263; Waddell v. Valley Forge Dental Assocs., 276 F.3d 1275, 1279 (11th Cir.2001). However, if the evidence on which the nonmoving party relies “is merely colorable, or is not significantly probative, summary judgment may be granted.” Anderson, 477 U.S. at 249-50, 106 S.Ct. 2505 (citations omitted). “A mere ‘scintilla’ of evidence supporting the [nonmovant’s] position will not suffice; there must be enough of a showing that the [trier of fact] could reasonably find for that party,” Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir.1990), and the non-moving party “must do more than simply show that there is some metaphysical doubt as to the material facts,” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d [1249]*1249588 (1986). Conclusory allegations based on subjective beliefs are likewise insufficient to create a genuine issue of material fact and do not suffice to oppose a motion for summary judgment. Holifield v. Reno, 115 F.3d 1555, 1564 n. 6 (11th Cir.1997) (per curiam). Hence, when a plaintiff fails to set forth specific facts supported by appropriate evidence sufficient to establish the existence of an element essential to his case and on which the plaintiff will bear the burden of proof at trial, summary judgment is due to be granted in favor of the moving party. Celotex Corp., 477 U.S. at 323, 106 S.Ct. 2548.

On summary judgment, the facts must be viewed in the light most favorable to the non-movant. See Lee v. Ferraro, 284 F.3d 1188, 1190 (11th Cir.2002). Hence, “the ‘facts, as accepted at the summary judgment stage of the proceedings, may not be the actual facts of the case.’ ” Id. (quoting Priester v. City of Riviera Beach, 208 F.3d 919, 925 n. 3 (11th Cir.2000)).

III. FACTUAL AND PROCEDURAL BACKGROUND

The employer is Alabama State University. ASU’s president is William H. Harris, and its board of trustees has nine members. The employee is Jay Coleman.

Mr. Coleman began his employment with ASU in 2004 as an assistant technical operations manager. His starting salary of $33,638 was at the top of the range for the advertised position. Mr. Coleman’s primary job responsibilities were to ensure that the production lighting, audio, video, and stage layout systems were properly designed and maintained in the Acadome, a multipurpose academic and physical-education facility on ASU’s campus. Mr. Coleman also assumed direct responsibility for all facility productions systems in the technical operations manager’s absence.

When Mr. Coleman initially was hired, his department provided services only to the ASU Acadome. That changed during the 2009-2010 fiscal year. The department was renamed the Facilities Department and its services were expanded to all buildings on ASU’s campus.

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Bluebook (online)
904 F. Supp. 2d 1245, 2012 WL 5287045, 2012 U.S. Dist. LEXIS 152465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coleman-v-alabama-state-university-almd-2012.