Crabill v. Charlotte Mecklenburg Board of Education

423 F. App'x 314
CourtCourt of Appeals for the Fourth Circuit
DecidedApril 20, 2011
Docket10-1539, 10-1553
StatusUnpublished
Cited by67 cases

This text of 423 F. App'x 314 (Crabill v. Charlotte Mecklenburg Board of Education) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crabill v. Charlotte Mecklenburg Board of Education, 423 F. App'x 314 (4th Cir. 2011).

Opinions

No. 10-1539 affirmed in part, vacated in part, and remanded; No. 10-1553 affirmed by unpublished opinion. Judge DAVIS wrote the majority opinion, in which Senior Judge HAMILTON joined. Judge NIEMEYER wrote a dissenting opinion.

Unpublished opinions are not binding precedent in this circuit.

[316]*316DAVIS, Circuit Judge:

Appellant/Cross-Appellee Paula Crabill, a former high school guidance counselor for Appellee/Cross-Appellant Charlotte Mecklenburg Board of Education (“School Board”), filed this action asserting that the School Board failed to offer her reasonable accommodations for her disability, resulting in her premature retirement from employment, and thereby violated the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, et seq. After the parties filed cross-motions for summary judgment, the district court applied the doctrine of equitable tolling to deem Crabill’s lawsuit timely-filed even though Crabill filed suit beyond the 90-day period provided by the ADA. The district court concluded on the merits, however, that Crabill could not persuade a reasonable jury to find in her favor on all the elements of her ADA claims and therefore granted summary judgment to the School Board. We hold, for the reasons set forth within, that the district court properly applied the doctrine of equitable tolling but erred in granting summary judgment to the School Board for Crabill’s post-April 2007 ADA claim. Accordingly, we affirm in part and vacate in part the district court’s judgment, and remand the case for further proceedings.

I.

We review the grant of summary judgment de novo. Waller ex rel. Estate of Hunt v. Danville, 556 F.3d 171, 174 (4th Cir.2009). Summary judgment is appropriate only if, taking the evidence and all reasonable inferences drawn therefrom in the light most favorable to the nonmoving party, “no material facts are disputed and the moving party is entitled to judgment as a matter of law.” Ausherman v. Bank of Am. Corp., 352 F.3d 896, 899 (4th Cir. 2003); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

A.

In September 1998 Crabill commenced work as a guidance counselor at Myers Park High School. Her job duties included, but were not limited to, assisting students with their course selections and typing recommendation letters for college applicants. Generally, the school divided the students alphabetically in order to distribute students to specific counselors but certain students, such as the International Baccalaureate (“IB”) students, or students for whom English was a second language, were assigned to a counselor without regard to the alphabet. Myers Park had one of the largest student populations in the Charlotte-Mecklenburg area. Consequently, the school had the highest average number of students assigned to any one counselor.

In July 2002, Dr. William Anderson became the principal at Myers Park. When Anderson started, there were only three counselors at the high school, including Crabill, for a student population of more than 2500. During Anderson’s first year as principal, Crabill served as the interim department chair of the school’s guidance department.

Due to the additional duties assigned to her as department chair and then-undiagnosed medical problems, Crabill requested of Anderson that he reduce her caseload. Anderson declined to institute any changes in the manner in which students were assigned to counselors. Anderson did, however, hire an additional three counselors, bringing the total number to six. In April 2003 Crabill asked to be relieved of department chair duties the following school year.

In May 2003 Crabill was diagnosed with Chari Malformation (“Chari I”). Chari I [317]*317is a malformation of the brain stem that impedes the flow of cerebral-spinal fluid. Crabill’s symptoms included weakness, tingling and numbness in her arms and legs, sensations of electric shock and burning, dizziness, memory problems, and vertigo. In particular, when Crabill typed, her arms would become weak and her vertigo increased.

After Crabill was diagnosed with Chari I, she met with Anderson to again request an adjustment in her caseload for the following school year. Crabill also requested that she not be required to carry heavy items and be excused from activities that would require her to drive at night. Anderson agreed to provide Crabill with accommodations to address her difficulties with driving and carrying heavy items but did not agree to reduce Crabill’s case load. The day after meeting with Crabill, and with Crabill’s support, Anderson named two other counselors as the guidance department co-chairs. Anderson reduced their caseloads because of their new responsibilities.

In July 2008, Crabill wrote Anderson an e-mail explaining that she needed a reduced caseload “because the work demands exasperated [sic][her] condition.” J.A. 222. Crabill told Anderson that it was “medically necessary” for her caseload to be reduced. Id. Anderson responded the next day that he would not make any decisions until he had the chance to discuss the request with the new department co-chairs. The following day, Anderson “yelled” at Crabill for asking about her caseload. J.A. 604. He wrote a follow-up e-mail:

I was very frustrated with you today and continue to be frustrated by your continued obsession/perseverance over [the department co-chair’s] caseload and the fairness of her numbers. It seems that is [sic] it is very difficult for you to move past last year and accept the fact that [the co-chairs] and I made the decisions regarding the caseload for the guidance department.
Paula, you must be a team player and accept the fact that [the co-chairs] will be the department chairs this year. I cannot have you second guessing their decisions, the intent of their decisions, and revisiting issues that are in the past tense....
I hope that in the future you will spend your precious time and energy serving our students, parents and staff members more efficiently and effectively.

J.A. 224.

The following month, Crabill obtained a note from her treating neurologist stating that her caseload needed to be kept between 250 and 300 students. This range reflected the school district’s average workload for high school counselors. However, at Myers Park, the average caseload was 422 students per counselor. Anderson declined to reduce Crabill’s caseload, citing the increase to other counselors’ caseloads it would cause. As a result, Crabill had approximately 310 students for the 2003-2004 school year.

In July 2004, the department chair told Crabill that she would have 460 students for the 2004-2005 school year. Crabill wrote to Anderson and the assistant principal that she did not believe she could manage 460 students, especially with her problems with typing due to her Chari I diagnosis. As a substitute, Crabill proposed that she take the IB students, which would reduce the number of letters she would need to type. Anderson responded that he found “frustrating” all the “conflict and angst” she was causing and how “[s]mall tasks and requests become mountains.” J.A. 131.

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423 F. App'x 314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crabill-v-charlotte-mecklenburg-board-of-education-ca4-2011.