Debbie Jaine Higdon v. Jerry Jackson

393 F.3d 1211, 16 Am. Disabilities Cas. (BNA) 468, 2004 U.S. App. LEXIS 26130, 2004 WL 2903979
CourtCourt of Appeals for the Eleventh Circuit
DecidedDecember 16, 2004
Docket03-14894
StatusPublished
Cited by341 cases

This text of 393 F.3d 1211 (Debbie Jaine Higdon v. Jerry Jackson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Debbie Jaine Higdon v. Jerry Jackson, 393 F.3d 1211, 16 Am. Disabilities Cas. (BNA) 468, 2004 U.S. App. LEXIS 26130, 2004 WL 2903979 (11th Cir. 2004).

Opinion

PRYOR, Circuit Judge:

The main issue presented in this appeal is whether Debra Janine Higdon can establish a prima facie case of retaliation against two employees of the State of Georgia because, months after Higdon complained of disability discrimination, the first employee treated Higdon rudely and the second employee bumped her car into Higdon’s car, but caused no damage and had no exchange of words. Because Hig-don failed to establish that the first employee’s rude behavior was an adverse action and Higdon failed to show a causal relation between the car bumping by the second employee and Higdon’s complaint of discrimination, Higdon cannot establish a prima facie case of retaliation under the Americans with Disabilities Act. We affirm the summary judgment entered against Higdon’s retaliation claim, and we affirm the summary judgment entered against her claims under state law.

I. BACKGROUND

To understand the context of this appeal, we first review three aspects. The first is the testimony regarding Higdon’s physical impairment. The second is the events about which Higdon complained and the alleged retaliation. The third is the proceedings in the district court that led to this appeal.

A. Higdon’s Testimony Regarding Her Physical Impairment

In 1994, Debra Janine Higdon was injured in a car accident that crushed her left leg. According to her testimony, Hig-don cannot walk well without the use of a leg brace or cane. Higdon has no difficulty driving, but she has a disabled parking permit. She testified that she is “mobile and able to move around”:with the use of a brace, and she is able to perform normal life activities, “such as going to the grocery store, taking [her] kids to school, or anything else that usually would be associated with a homemaker and mother” with the assistance of a brace. At the grocery store, she uses a motorized cart provided by the store. Higdon is able to “walk for periods of time.” She cannot “walk for a long distance, [or] go to an amusement park,” however. She cannot tolerate any exercise except swimming.

B. The Events About Which Higdon Complained and the Alleged Retaliation

From the middle of 1997 until the end of 2000, Higdon was self-employed as a commercial car title processor. She regularly processed car titles at the Georgia State Motor Vehicle Office on Trade Port Boulevard in Atlanta, Georgia. Before September 1999, Higdon performed her work by submitting applications for car titles to the Trade Port office and then returned to retrieve the titles after several days. Hig-don completed this process without waiting long in line.

In September 1999, Georgia changed the process for obtaining car titles. Georgia began using a new computer-based title and registration system, the Georgia Registration and Title Information System (“GRATIS”). To implement GRATIS, the entire state tag and title system was taken offline for approximately nine days.

With GRATIS, commercial processors could not deliver applications to the Trade Port office and return later to retrieve the titles. Both commercial title processors and other applicants were required to wait in separate lines to obtain car titles. The Trade Port office used separate lines because commercial processors had a larger volume of titles to obtain than applicants *1216 for personal car titles, and commercial processors were compensated for their time. The combination of a nine-day backlog, glitches in the new system, and the new waiting lines caused long waits for commercial processors when the Trade Port office reopened.

With this new system, the Trade Port office established a separate line for disabled applicants for titles to personal cars and a separate window for all disabled applicants set at the height of a wheelchair. Commercial processors were not allowed to use the line for disabled applicants for titles to personal cars. When a disabled commercial processor reached the front of the commercial line, she could use the disabled window to conduct business. The Trade Port office established this policy so that commercial processors, with their high volume of applications and compensation for their time, would be treated equally, and disabled commercial processors would not gain an economic advantage from waiting in the shorter line with prompt access to the disabled window.

1. Higdon’s Request for an Accommodation for Her Alleged Disability

When the Trade Port office reopened on September 8, 1999, Higdon arrived to a line for commercial processors that stretched outside the front door. After waiting in line for approximately three and one-half hours, Higdon’s left leg swelled and hurt. She waited about fifteen more minutes and then asked Mary McMichael, a Department of Motor Vehicles supervisor, for permission to use the disabled line. Higdon complained about her leg injury, that she was in pain, and that her leg was swelling from standing in line. McMichael denied her request because Higdon was a commercial processor and the policy did not allow commercial processors to use the disabled line. Higdon then showed McMi-chael her disabled parking permit and again asked if she could use the disabled line. McMichael “said, no, sorry,” and left.

Shortly thereafter, McMichael returned and offered Higdon an office chair on rollers so Higdon could sit while she was waiting in line. Higdon testified that McMichael “scooted [the chair] towards [Higdon],” and “as she was walking away made a comment, here’s a chair, and walked off.” Higdon did not use the chair, however, because “it’s harder ... to get up and down and to control [her]' legs in a sitting position than it would be ... just to stand.” She also stated that she would have been unable to maneuver the chair in the line with her leg immobilized and her hands filled with title processing files. Before leaving, Higdon obtained the titles that she sought that day.

During the remainder of September, the length of the lines steadily decreased. All commercial processors, including Higdon, were still required to stand in the commercial line and were not allowed to proceed directly to the disabled window. Higdon testified that she made several more requests for an accommodation, other than using the office chair in line. The only accommodation she requested was to be treated the same as an applicant for a title for a personal car who was allowed to use the disabled line and proceed directly to the disabled window.

2. Higdon’s Formal Complaint of Discrimination

After she was denied use of the disabled line, Higdon hired an attorney. On September 29, 1999, Higdon’s attorney sent a letter of formal complaint to McMichael; Milton Dufford, Deputy Commissioner of the Department of Revenue; Jerry Jackson, Commissioner of the Department of Revenue; and Steve Franczi, Director of *1217 Risk Management for the Department of Administrative Services. This letter requested a change in the way Higdon was allowed to process titles. The letter stated that Higdon was disabled and “demand[ed] that she be immediately permitted to utilize the handicapped line and window to process her work.”

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Bluebook (online)
393 F.3d 1211, 16 Am. Disabilities Cas. (BNA) 468, 2004 U.S. App. LEXIS 26130, 2004 WL 2903979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/debbie-jaine-higdon-v-jerry-jackson-ca11-2004.