Dixon v. Federal Express Corp.

33 F. App'x 157
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 19, 2002
DocketNo. 00-6145
StatusPublished
Cited by2 cases

This text of 33 F. App'x 157 (Dixon v. Federal Express Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dixon v. Federal Express Corp., 33 F. App'x 157 (6th Cir. 2002).

Opinion

PER CURIAM.

Barbara Dixon, the plaintiff in this employment discrimination action, appeals from a jury verdict in favor of the defendant, Federal Express Corporation (“FedEx”). We are called upon to decide two issues: (1) whether judicial misconduct tainted the proceedings, thereby preventing Dixon from receiving a fair trial; and (2) whether the taxation of discretionary costs against Dixon was improper. Having reviewed the trial transcript as well as the briefs filed in this appeal, we conclude that the conduct of the district judge compromised Dixon’s right to a fair trial. Accordingly, we vacate the jury’s verdict and remand for a new trial before a different district judge.1

DIXON’S TERMINATION

In May 1983, Dixon began employment with FedEx as a data entry clerk. In April 1990, she joined FedEx’s Customer Service department and began work in the International Trace section of that department. Her job responsibilities as a customer service representative included (i) fielding telephone calls from customers regarding the status of shipments, (ii) scheduling pick-ups for FedEx drivers, (in) directing customers to various locations, and (iv) tracking FedEx shipments.

FedEx employees in the International Trace section use a telephone/time-keeping system known as the “Automatic Call Distributor” (“ACD”). The ACD records employee hours worked and is used to calculate employee compensation. The system is accessed through telephones situated throughout the building in which the work area is located. Employees clock on and off the system by entering personal codes FedEx assigns to them. The act of signing in to the ACD system indicates that the employee is present and available to receive calls. FedEx likewise requires its employees to sign out of the ACD system for lunch and at the end of the shift. Employees are prohibited from signing each other in and out of the ACD. Such conduct constitutes “falsification of records” and is a terminable offense under company policy.

The current dispute arises out of events which occurred on February 6, 1998. On that morning, Dixon’s senior manager, Teresa Porter, arrived at the International Trace section at approximately 4:30 A.M. Dixon’s shift started at 6:15 A.M. At some point after Porter arrived at the work area, she logged onto the ACD and noticed that Dixon was also logged in. The ACD indicated that Dixon had signed in at 6:16 A.M., but Porter was unable to locate Dixon at her assigned work station. Porter printed out an ACD log sheet for that morning and sent an e-mail to Dixon’s direct supervisor, Jacqueline Casey, reporting that although Dixon was signed in on the ACD, Porter could not find her anywhere near her work station.

At 6:40 A.M., Porter observed Dixon walking to her work station and allegedly heard Dixon greet co-workers as if she were just arriving to work. The ACD records for February 6 reflect the following entries under Dixon’s employee code:

Time In Time Out MimSec
06:16:22 06:29:22 13:00
06:30:56 06:39:52 08:56
06:39:58 13:42:12 07:02:14

J.A. at 233.

On February 16, Porter and Casey suspended Dixon pending an investigation into whether she had violated FedEx poli[159]*159cy by falsifying her time records on February 6. Dixon denied that another employee signed her into the ACD and maintained that she was at work at 6:16 A.M. as the system records indicated. Dixon offered no explanation at that time as to why Porter first saw her at 6:40 A.M. Shortly thereafter, Porter and Casey completed the investigation into the events of February 6 and concluded that there was insufficient evidence of improper conduct to warrant Dixon’s termination. Dixon returned to work on February 19.

At some time following Dixon’s return to work, Sandra Sain, Dixon’s co-worker, related to Casey that Dixon had boasted to her about how if Casey or Porter had checked the records at the security gate, they could have easily proven that Dixon was lying about being at work at 6:16 A.M. on February 6. Based on this new information, Casey and Porter reopened the misconduct investigation and this time inquired with the security manager, Dennis Lytle, if the gate records offered any information about when Dixon had arrived for work. Lytle sent Casey an e-mail stating that Dixon’s daughter, Rochelle, signed the visitor log sheet at 6:32 A.M. as she dropped her mother off for work. J.A. at 256-57. Casey and Porter concluded that this information constituted concrete evidence that Dixon falsified her time records on February 6. Dixon could not have signed in at 6:16 A.M., they reasoned, because the security gate records proved she did not arrive onto FedEx’s property until 6:32 A.M. Dixon was soon notified that her employment with FedEx was terminated.

On December 15, 1998, Dixon commenced the instant action in a Tennessee state court alleging wrongful discharge and employment discrimination based on gender in violation of Title VII, 42 U.S.C. § 2000e, and the Tennessee Human Rights Act, T.C.A. § 4-21-401(a)(l). FedEx subsequently removed this case, pursuant to 28 U.S.C. § 1441, to the United States District Court for the Western District of Tennessee.

TRIAL JUDGE’S CONDUCT

A jury trial commenced on January 10, 2000, at which Dixon was represented by trial counsel Roger Rutledge with the assistance of Robert Armour. Dixon claims the district judge made disparaging remarks and engaged in conduct with regard to Mr. Rutledge which unduly burdened her right to a fair trial. Such a claim we would ordinarily review for abuse of discretion. See Nationwide Mutual Fire Insurance Co. v. Ford Motor Co., 174 F.3d 801, 804 (6th Cir.1999) (“We review a district judge’s conduct during a trial for an abuse of discretion.”) (citation omitted). However, because Dixon did not raise an objection to the trial judge’s conduct in the proceedings below, our review is for plain error. Rocha v. Great American Insurance Co., 850 F.2d 1095, 1099 n. 1 (6th Cir.1988).2 “Plain errors are limited to those so objectionable that they should have been apparent to the trial judge or that strike at the fundamental fairness, honesty, or public reputation of the trial.” United States v. Rodriguez, 882 F.2d 1059, 1064 (6th Cir.1989).

[160]*160In her brief, Dixon takes issue with several remarks made and actions taken by the district judge during the course of the trial. In evaluating the effect of these comments, we must consider the entire record, not isolated remarks. Newman v. A.E. Staley Manufacturing Co., 648 F.2d 880, 334-35 (5th Cir.1981). Nevertheless, Dixon relies in large part upon three particular events in support of her claim that she was denied a fair trial.

1. Trial Judge’s Comments to Witness Sain

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Bluebook (online)
33 F. App'x 157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dixon-v-federal-express-corp-ca6-2002.