Darold Maxfield v. Cintas Corporation, No. 2

487 F.3d 1132, 182 L.R.R.M. (BNA) 2017, 2007 U.S. App. LEXIS 13891, 89 Empl. Prac. Dec. (CCH) 42,868, 2007 WL 1703551
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 14, 2007
Docket06-2626
StatusPublished
Cited by31 cases

This text of 487 F.3d 1132 (Darold Maxfield v. Cintas Corporation, No. 2) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Darold Maxfield v. Cintas Corporation, No. 2, 487 F.3d 1132, 182 L.R.R.M. (BNA) 2017, 2007 U.S. App. LEXIS 13891, 89 Empl. Prac. Dec. (CCH) 42,868, 2007 WL 1703551 (8th Cir. 2007).

Opinions

COLLOTON, Circuit Judge.

This case comes to us for a second time. The lawsuit arises from a dispute between Darold Maxfield and his former employer, Cintas Corporation No. 2 (“Cintas”). After Cintas terminated Maxfield’s employment in August 2002, Maxfield brought this action alleging race discrimination and violations of the Uniform Services Employment and Reemployment Rights Act (US-ERRA), 38 U.S.C. § 4301, et seq. The district court granted summary judgment for Cintas on all claims. In a prior opinion, we affirmed the dismissal of the race-discrimination claims, but reversed and remanded for further proceedings on Max-field’s claims under USERRA. Maxfield v. Cintas Corp. No. 2, 427 F.3d 544 (8th Cir.2005) (“MaxfieldI”).

On remand, the district court again granted summary judgment for Cintas on the USERRA claims, and Maxfield appeals. We conclude that Cintas’s second motion for summary judgment presented the same legal issue that we resolved in our first decision on an evidentiary record that is not substantially different from the record that we considered originally. Accordingly, the law of the case dictates that the motion for summary judgment should have been denied. We therefore reverse the district court’s grant of summary judgment and remand the case for trial on Maxfield’s claims under USERRA.

I.

The facts of the case are set forth at length in our opinion in Maxfield I. Briefly, as they relate to the USERRA claims, Maxfield has served in the United States Army, either in active duty or reserve status, since 1985. He was hired by Cin-tas in July 1999 as a service sales representative. He then accepted positions in February 2000 as a production supervisor and in May 2000 as a facility outside sales representative (FOS). In July 2001, Randy Lewis, general manager of Cintas’s facility in Maumelle, Arkansas, granted Maxfield a military leave-of-absence for reserve duty from July 15 to September [1134]*113428, 2001. When Maxfield returned from duty in August 2001, Cintas transferred Mm from the FOS position to the position of proactive service trainer (PST). On January 24, 2002, Cintas granted Maxfield a military leave of absence through June 15, 2002. In March 2002, Cintas eliminated the PST position, and when Maxfield returned from military leave, Cintas placed him in a telemarketing position. On August 19, 2002, Cintas approved military leave for Maxfield on August 19, 20, and 23, 2002. After a dispute over whether Maxfield improperly sought to use vacation leave and “sick/emergency” leave while on military leave for the three days in August, Cintas terminated Maxfield on August 30, 2002.

Maxfield alleges that Cintas discriminated against him based on his military service when the company transferred him in August 2001, and when it terminated him in August 2002. In our first opinion, we held that by transferring Maxfield from the FOS position to the PST position, Cin-tas denied him a “benefit of employment” within the meaning of USERRA. Maxfield I, 427 F.3d at 551-52. We further held that Maxfield presented sufficient evidence to support a finding that his military status was a motivating factor in Cintas’s decision to transfer him, and that the burden of proof shifted to Cintas to show that it would have taken the same action absent Maxfield’s military status. Id. at 552; see Gagnon v. Sprint Corp., 284 F.3d 839, 854 (8th Cir.2002) (explaining that unlike the burden-shifting framework used in Title VII cases, USERRA shifts the burden of persuasion, as well as production, to the employer), abrogated on other grounds, Desert Palace, Inc. v. Costa, 539 U.S. 90, 123 S.Ct. 2148, 156 L.Ed.2d 84 (2003). We concluded that although Cintas claimed that it transferred Maxfield because he incurred four consecutive months of sales deficits in the FOS position, there was still a genuine issue of fact whether Maxfield’s reserve status was a motivating factor in the transfer. Maxfield I, 427 F.3d at 553.

With respect to Maxfield’s termination, we held Maxfield satisfied his initial burden to show a genuine issue of material fact that his military status was a motivating factor in Cintas’s decision to terminate him, and that the burden of proof shifted to Cintas to show that it would have made the decision absent Maxfield’s military status. Id. at 554. We then stated that Cintas’s evidence concerning the circumstances of Maxfield’s leave requests was sufficient to create a genuine issue of fact as to whether Cintas would have terminated Maxfield in any event, and remanded the case for further proceedings. Id.

On remand, Cintas moved again for summary judgment on the USERRA claims. In support of its motion, Cintas produced an affidavit from Lewis, the general manager, which was generated after our first decision. In that affidavit, Lewis asserted that even had Maxfield not been associated with the military in any way, Lewis would have made the same decision to transfer Maxfield from the FOS position to the POS position in August 2001, and to discharge him in August 2002. The district court, relying on the Lewis affidavit, concluded that Maxfield had failed to come forward with any evidence to establish a genuine issue of material fact as to whether Cintas would have taken the same employment actions, even absent his military status. The court granted summary judgment and dismissed the complaint.

II.

Because this appeal follows a previous decision of another panel concerning whether Cintas was entitled to summary judgment on Maxfield’s USERRA claims, two longstanding rules of practice are implicated. The first — the law-of-the-case doctrine — provides that “when a court [1135]*1135decides upon a rule of law, that decision should continue to govern the same issues in subsequent stages of the same case.” Little Earth of the United Tribes, Inc. v. U.S. Dep’t of Hous. and Urban Dev., 807 F.2d 1433, 1440-41 (8th Cir.1986) (quoting Arizona v. California, 460 U.S. 605, 618, 103 S.Ct. 1382, 75 L.Ed.2d 318 (1983)). This doctrine “prevents the relitigation of settled issues in a case, thus protecting the settled expectations of the parties, ensuring uniformity of decisions, and promoting judicial efficiency.” Id. We will consider a previously decided issue under the law-of-the-case doctrine “only if substantially different evidence is subsequently introduced or the decision is clearly erroneous and works manifest injustice.” Id; see Houghton v. McDonnell Douglas Corp., 627 F.2d 858, 864 (8th Cir.1980) (quoting Pyramid Life Ins. Co. v. Curry, 291 F.2d 411, 414 (8th Cir.1961)). The second applicable principle — the “prior panel rule” — provides that one panel of this court has no authority to overrule an earlier decision of another panel.

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Bluebook (online)
487 F.3d 1132, 182 L.R.R.M. (BNA) 2017, 2007 U.S. App. LEXIS 13891, 89 Empl. Prac. Dec. (CCH) 42,868, 2007 WL 1703551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darold-maxfield-v-cintas-corporation-no-2-ca8-2007.