Desiree Bryant v. Lifecare Family Health and Dental Center, Inc., et al.

CourtDistrict Court, N.D. Ohio
DecidedDecember 17, 2025
Docket5:24-cv-01732
StatusUnknown

This text of Desiree Bryant v. Lifecare Family Health and Dental Center, Inc., et al. (Desiree Bryant v. Lifecare Family Health and Dental Center, Inc., et al.) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Desiree Bryant v. Lifecare Family Health and Dental Center, Inc., et al., (N.D. Ohio 2025).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

DESIREE BRYANT, ) CASE NO. 5:24-cv-01732 ) Plaintiff, ) JUDGE JOHN R. ADAMS ) vs. ) ) LIFECARE FAMILY HEALTH ) ORDER AND DECISION AND DENTAL CENTER, INC., et al., ) (Resolves Doc. 17) ) Defendants.

This matter is before the Court on the Defendants’ Motion for Summary Judgment (Doc. 17) (the “Motion”) filed by Defendants Lifecare Family Health and Dental Center, Inc. (“Defendant Lifecare”), Rachel Haight, Dottie Wallick, and Eric Niemeyer (collectively, “Defendants”). Plaintiff Desiree Bryant (“Plaintiff”) filed an opposition to the Motion (Doc. 24) and Defendants filed an additional reply. Doc. 26. The matter is fully briefed. For the following reasons, the Motion is GRANTED and this matter is DISMISSED. I. FACTUAL BACKGROUND Plaintiff began her employment with Defendant Lifecare as a Licensed Practical Nurse in February 2021. Doc. 17-1, p. 2. Prior to her start date, Plaintiff was required to complete a drug screen, which was negative for all tested drugs. Id., p. 6. Plaintiff continued working for Defendant Lifecare for almost two years without incident, aside from some attendance issues beginning in October 2021 but most recently documented in January 2023. Id., pp. 4, 11. In December 2022, Plaintiff requested Family and Medical Leave Act (“FMLA”) paperwork after her supervisor suggested she do so. Bryant Dep., pp. 67–68; Wallick Dep., pp. 51–52. She was approved for intermittent FMLA leave beginning in January 2023. Doc. 17-1, p. 29. Around the same time, Plaintiff was required to complete a nurse recredentialing process, which required another drug screen. Bryant Dep., pp. 68–69. Upon learning of the required screen, Plaintiff told the site supervisor that she was concerned she would not pass the drug screen. Id., p. 70; Haight Dep., p. 38. At some point following that conversation, Plaintiff completed the screen and tested negative for all substances (Wallick Dep., pp. 36–37), but, due to concerns about

possible drug use, Plaintiff was placed on a 30-day unpaid suspension and informed that she was required to complete counseling through the Employee Assistance Program (“EAP”) before she could return to work. Doc. 17-1, p. 29; Wallick Dep., pp. 40–41; Niemeyer Dep., pp. 22–27. Two days after she was suspended, Plaintiff sent an email to Defendant Niemeyer, Chief Executive Officer of Defendant Lifecare. Doc. 17-1, p. 29. In the email, Plaintiff denied the use of drugs and, in part, claimed Defendant Lifecare was retaliating against her for using FMLA leave. Id. Defendant Niemeyer sent a response, wherein he informed Plaintiff that her suspension was not related to the drug screen or its results, but rather due to concerns of her using drugs. Id., pp. 27–28. He additionally informed Plaintiff that Defendant Wallick would provide “instructions and expectations” moving forward. Id., p. 28. At the conclusion of the 30-day suspension in March

2023, it was determined that Plaintiff did not receive the expected formal letter from Defendant Wallick, so it was emailed to her on March 14, 2023. Id., p. 27. Due to the delayed delivery of the letter, Plaintiff was then paid for two weeks of her suspension. Bryant Dep., p. 87. She completed the EAP requirements, including counseling (Bryant Dep., pp. 77–78; Wallick Dep., p. 40) and was cleared to return to work on April 26, 2023. Bryant Dep., p. 89. Ultimately, Plaintiff returned to work on May 1, 2023 as a Licensed Practical Nurse with the same duties, benefits, and rate of pay as when she left on suspension in February 2023. Bryant Dep., p. 111. Plaintiff started seeing patients early in the day but struggled remembering some aspects of her position, including the use of the charting system. Id., pp. 115–116. She sought out help and received assistance from a coworker (Bryant Dep., pp. 117–118; Doc. 17-2, p. 3) with the charting system and otherwise did not speak to anyone about feeling uncomfortable that day. Bryant Dep., p. 117. Plaintiff finished her shift on May 1, 2023 and was scheduled to work the rest of the week

[May 2-4, 2023] but called off each day and either did not provide or does not recall the reasons for her call-offs. Id., pp. 127–129. Then, on her next day of scheduled work [May 8, 2023], Plaintiff resigned from her position with Defendant Lifecare, citing passive aggressiveness and hostility as the reasons for leaving. Doc. 17-1, p. 7. II. LEGAL STANDARD Rule 56(c) of the Federal Rules of Civil Procedure governs summary judgment motions and provides: The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law * * *. In reviewing summary judgment motions, this Court must view the evidence in a light most favorable to the non-moving party to determine whether a genuine issue of material fact exists. White v. Turfway Park Racing Ass'n, Inc., 909 F.2d 941, 943–944 (6th Cir. 1990). A fact is “material” only if its resolution will affect the outcome of the lawsuit. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). Summary judgment is appropriate when the non- moving party fails to make a showing sufficient to establish the existence of an element essential to that party’s case and on which that party will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). Moreover, “the trial court no longer has a duty to search the entire record to establish that it is bereft of a genuine issue of material fact.” Street v. J.C. Bradford & Co., 886 F.2d 1472, 1479–1480 (6th Cir. 1989) (citing Frito–Lay, Inc. v. Willoughby, 863 F.2d 1029, 1034 (D.C. Cir. 1988)). The non-moving party is under an affirmative duty to point out specific facts in the record as it has been established which create a genuine issue of material fact. Fulson v. Columbus, 801 F. Supp. 1, 4 (S.D. Ohio 1992). The non-movant must show more than a scintilla of evidence to overcome summary judgment; it is not enough for the non-moving party to

show that there is some metaphysical doubt as to material facts. Id. III. LAW AND ANALYSIS Plaintiff asserts claims of disability discrimination in violation of the Americans with Disabilities Act (the “ADA”) and Ohio law (Counts One and Two), retaliation in violation of the ADA and Ohio law (Counts Three and Four), retaliation in violation of her rights under the Family Medical Leave Act (“FMLA”) (Count Five), and unlawful aiding, abetting, and inciting of discrimination in violation of Ohio law (Count Six). Doc. 1. A. Disability Discrimination – Counts One and Two Plaintiff states that she suffers from thyrotoxicosis, hypokalemia, abnormal weight loss, and excessive fatigue. Compl. ¶ 137. She claims that these conditions render her disabled, and

Defendant Lifecare treated her differently and constructively discharged her due to the disabilities. Compl., ¶¶ 140–145.

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Desiree Bryant v. Lifecare Family Health and Dental Center, Inc., et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/desiree-bryant-v-lifecare-family-health-and-dental-center-inc-et-al-ohnd-2025.