Davis v. Jackson County Municipal Court

941 F. Supp. 2d 870, 2013 WL 1750472, 2013 U.S. Dist. LEXIS 58177
CourtDistrict Court, S.D. Ohio
DecidedApril 23, 2013
DocketCase No. 2:11-CV-00919
StatusPublished
Cited by3 cases

This text of 941 F. Supp. 2d 870 (Davis v. Jackson County Municipal Court) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Jackson County Municipal Court, 941 F. Supp. 2d 870, 2013 WL 1750472, 2013 U.S. Dist. LEXIS 58177 (S.D. Ohio 2013).

Opinion

OPINION AND ORDER

EDMUND A. SARGUS, JR., District Judge.

Plaintiff, Joanne Davis (“Davis”), brings this action against Defendants Jackson County Municipal Court Judge Mark T. Musick (“Judge Musick”) and Wesley Skaggs (“Skaggs”) (collectively “Defendants”). Plaintiff asserts various federal and state causes of action including failure to pay overtime compensation in violation of the Fair Labor Standards Act of 1938 (“FLSA”) and the Ohio Minimum Fair Wage Standards Act (“MFWSA”); retaliation in violation of Title VII of the 1964 CM Rights Act (“Title VII”) and Ohio Revised Code Chapter 4112; and defamation. This matter is before the Court for consideration of Defendants’ Motion for Summary Judgment. (ECF No. 33.) For the reasons that follow, Defendants’ Motion is GRANTED in part and DENIED in part.

I. Background

A. Relevant Facts

1. The Electronic Monitoring and House Arrest Program

The Jackson County Municipal Court (“Municipal Court”) hired Davis as an hourly employee in February 2008. (Mu-sick Dep. 20, ECF No. 37-2.) From 2008 to 2010, Davis worked in the position of Electronic Monitoring and House Arrest (“EMHA”) Coordinator. (Venatter Dep. 14-15, ECF No. 37-3.) Donald Ray Venatter (“Venatter”) supervised the EMHA program and was Davis’ direct supervisor while she was the EMHA Coordinator. (Venatter Dep. 16.) Judge Musick was Venatter’s immediate supervisor. {Id. at 10.) According to Judge Musick, Venatter reported to him intermittently concerning the EMHA program. (Musick Dep. 15.) Venatter generally described Judge Mu-[874]*874sick as being “pretty hands-on” and stated that he made few decisions without consulting Judge Musick. (Venatter Dep. 11.) Defendant Skaggs was an employee of the Municipal Court’s Probation Department during much of the relevant period. (See Musick Dep. 58.)

The Municipal Court contracted with Secure Alert, a private company, to provide equipment and services for the electronic monitoring of probationers. (See Venatter Dep. 18.) Specifically, Secure Alert provided the Municipal Court with ankle monitors that utilized GPS satellite technology. (Id.) The Municipal Court paid Secure Alert to monitor individuals twenty-four hours a day, seven days a week. (Id.) Moreover, Secure Alert created a monitoring website to which the Municipal Court had access. (See id. at 25.) Venatter stated that Secure Alert would send an alert notification when, for whatever reason, a monitoring alarm went off. (Id. at 25-26.) Such alerts could come at any time of the day. (Id. at 27; see also Musick Dep. 34.) As EMHA Coordinator, Davis was the Municipal Court employee responsible for handling the day-to-day operations for the electronic monitoring of offenders on house arrest.- (Venatter Dep. at 21, 24-25; Musick Dep. 28.) According to both Venatter and Judge Musick, Davis acted as the liaison between the Secure Alert monitoring center and the Court. (Venatter Dep. 15; Musick Dep. 27-28.)

Davis maintains that her duties as EMHA Coordinator consistently required her to perform substantial amounts of work outside of her general 8:00 to 4:00 schedule. (See Davis Dep. 120.) The parties dispute the extent to which Davis’ supervisors were aware of her after-hour work and whether the Municipal Court properly compensated Davis for her overtime hours.

2. Davis’ Post-EMHA Working Conditions, Leave of Absence, and Termination

In early 2010, the Municipal Court decided to cancel the EMHA program. (See Davis Dep. 32-33; Musick Dep. 19.) At this time, Judge Musick moved Davis from the probation department to an intake position. (Davis Dep. 32-33.) Although Judge Musick had only a vague recollection of the situation, he asserted that part of the reason for moving Davis was that a co-worker (or co-workers) was upset with Davis. (Musick Dep. 58.) Venatter indicated that he recalled some concern for Davis’ safety due to employee complaints during the relevant period. (See Venatter Dep. 93.)

Davis contends that her co-workers harassed her after she was reassigned to an intake position. During her deposition, Davis specifically stated that her co-workers accused her of selling drugs and having an affair with Venatter. (Davis Dep. 157.) According to Venatter, Davis told him that Skaggs had accused her of dealing drugs. (Venatter Dep. 74.) Venatter averred, however, that Skaggs never personally made such a statement to him. (Id.) Judge Musick and Venatter indicated that an informant, Kristie Rose, told a group of Municipal Court employees — including Skaggs — that Davis was dealing drugs and food stamps.1 (See Venatter Dep. 68-69; Musick Dep. 79-80.) Venatter asserted that he was generally aware that rumors were circulating that he was having an affair with Davis. (Venatter Dep. at 83.) Venatter, however, was unable to attribute such accusation to any particular employee. (Id.) Vicki Harper, a probation officer with the Municipal Court, recalled rumors that Davis was being investigated for selling drugs. (Harper Dep. [875]*87532.) Like Venatter, Harper was unable to attribute such statements to any specific person. (Id. at 32-33.)

Davis also stated that, during this same general period, a probationer — Crystal Crabtree — approached her and asked her to buy food stamps. (Davis Dep. 158.) Davis asserted that, after she refused, Ms. Crabtree stated that Skaggs had asked her to set Davis up. (Id. at 158-59.) In October 2010, Davis filed a written complaint with the Municipal Court concerning the rumors circulating about her as well as the food stamp incident. (Davis Dep. Ex. 19, ECF No. 45-1.)

Davis took a medical leave of absence beginning in November 2010 due to stress-related conditions. (See Davis Dep. 191-93; Venatter Dep. Ex. D, ECF No. 46-1.) On November 22, 2010, Davis filed charges of sex and retaliatory discrimination with the Ohio Civil Rights Commission (“OCRC”) and Equal Employment Opportunity Commission (“EEOC”) based on her working conditions. (Davis Dep. Ex. 25, ECF No. 45-2.) Both Judge Musick and Venatter were aware of the charges. (Mu-sick Dep. 77; Venatter Dep. 114-15.) During her deposition, Davis stated that in early 2011 Venatter informed her that Judge Musick had instructed Venatter to “find a way to get rid of her” if she returned to work. (Davis Dep. 230.) Venatter denied that Judge Musick made any such comment to him and stated that Judge Musick approved of Davis returning to work. (Venatter Dep. 110.) Venatter, however, recommended that Davis not return to work because he did not think it would be a healthy work environment for Davis, himself, or others. (Id. at 110-12.) Venatter averred that the Municipal Court did not accept his recommendation. (Id. at 112.)

The record reflects that Davis remained on medical leave, under the Family Medical Leave Act (“FMLA”), into February 2011. (Davis Dep. 196-97; Venatter Dep. Ex. D.) Davis stated that her doctors still kept her from working after her FMLA leave ended. (Davis Dep. 197-98.) Davis reported that she met with Judge Musick in May 2011 after her doctors had released her to return to work. (Id. at 203-04.)

Davis ultimately returned to work on June 13, 2011 for one day. (Davis Dep. 212; Musick Dep. 86.) Davis stated that her return to work was stressful due to a number of factors. (Davis Dep.

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941 F. Supp. 2d 870, 2013 WL 1750472, 2013 U.S. Dist. LEXIS 58177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-jackson-county-municipal-court-ohsd-2013.