Frederick Robinson v. Jackson State University, et

714 F. App'x 354
CourtCourt of Appeals for the Fifth Circuit
DecidedDecember 4, 2017
Docket16-60760
StatusUnpublished
Cited by23 cases

This text of 714 F. App'x 354 (Frederick Robinson v. Jackson State University, et) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Frederick Robinson v. Jackson State University, et, 714 F. App'x 354 (5th Cir. 2017).

Opinion

PER CURIAM: *

Fred Robinson brought a Title VII and First Amendment retaliation lawsuit against Jackson State University and its Athletic Director, Dr. Vivian Fuller, alleging Dr. Fuller fired him because he provided unfavorable testimony to the Equal Employment Opportunity Commission. A jury found retaliation and awarded damages to Robinson. The district court, however, granted judgment as a matter of law in favor of Jackson State, concluding Robinson submitted insufficient evidence that Dr. Fuller knew about Robinson’s testimony at the time of the termination.

Because we conclude Robinson submitted legally sufficient evidence of both deci-sionmaker knowledge and ultimate causation, we REVERSE both the district court’s judgment as a matter of law and order denying Robinson attorney’s fees, and we REMAND the case to the district court for proceedings consistent with this opinion.

I. BACKGROUND

In August 2011, Jackson State University appointed a new athletic director, Dr. Vivian Fuller. Shortly thereafter, Lolita Ward, a secretary in the athletics department, claimed Dr. Fuller gave her looks and gestures of a sexual nature. Two coworkers alleged to have witnessed Dr. Fuller’s conduct. First, Fred Robinson, a certified trainer and the then-longtime Director of Sports Medicine, saw Dr. Fuller “undressing” Ward with her eyes. Second, Dalandus Henderson, a budget accountant for the athletics department, observed Dr. Fuller approach Ward’s office and lick her tongue out at Ward.

Dr. Fuller fired Ward in October 2011, and Ward then filed a retaliation charge with the Equal Employment Opportunity Commission (EEOC), After Ward’s termination, Robinson and Henderson attended an athletics-department meeting organized by Dr. Carolyn Meyers, President of Jackson State. According to Henderson, President Meyers accused the department of mistreating Dr. Fuller and told the entire department “that she would take legal matters and they would let anybody go who opposed Dr. Fuller.”

The EEOC investigated Ward’s allegations and organized interviews with six Jackson State employees, including Robinson, Henderson, and Dr. Fuller. Prior to the interview, Robinson met with two Jackson State attorneys: David Buford, the school’s then-general counsel, and Latoya Merritt, the school’s retained outside counsel. Robinson told the attorneys about Dr. Fuller’s conduct. Both attorneys were also present when Robinson relayed his observations to the EEOC investigator on April 30, 2012. Henderson, too, told'the EEOC about his observations. Robinson and Henderson were the only interviewees to corroborate Ward’s allegations. Meanwhile, Dr. Fuller met with the same attorneys to discuss her own EEOC testimony. And Dr. Fuller continued to meet with those attorneys regarding Ward’s EEOC complaint.

Approximately one month later, Dr. Fuller fired both Robinson and Henderson. Neither termination letter supplied a justification. In later responses to the EEOC, however, Jackson State gave the same two reasons for both terminations: (1) reorganization of the athletic department and (2) Dr. Fuller had difficulty finding Robinson and Henderson throughout the workday.

Robinson then filed suit against Jackson State and Dr. Fuller (collectively, “Jackson State”), alleging retaliation under Title VII and the First Amendment. The district court denied Jackson State’s motion for summary judgment. At the subsequent trial, two primary questions arose: (1) whether Dr. Fuller had actual knowledge of Robinson’s EEOC interview and (2) whether Dr. Fuller’s proffered justifications were pretextual.

On the decisionmaker-knowledge issue, Dr. Fuller denied any prior awareness of Robinson’s testimony. Buford, too, denied telling Dr. Fuller about Robinson’s interview. Merritt, operating as trial counsel for Jackson State, provided no testimony at all. As a result, Robinson was without direct evidence of decisionmaker knowledge. Robinson relied instead on a circumstantial case composed of testimony pertaining to (1) the temporal proximity of Robinson’s firing to his interview; (2) the knowledge of Jackson State’s attorneys; (3) Dr. Fuller’s marked change in behavior toward Robinson after the EEOC interview (avoiding him “at all costs”); (4) the existence of pretext; (5) President Meyers’s threat of termination to Dr. Fuller’s opponents; and (6) the parallel experiences of Henderson.

. As for the justification itself, Dr. Fuller and Buford testified that Dr. Fuller had already made the decision to fire Robinson prior to March 2012 and thus before the April interview. Furthermore, Dr. Fuller added four new justifications at trial (in addition to reorganization and Robinson’s absenteeism): (1) Robinson left an ill student at a hospital with the director of football operations; (2) Robinson did not attend certain events he was supposed to attend; (3) Robinson put an African proverb on his trainer uniform; and (4) Robinson once called Dr. Fuller an “African Nubian queen.” These justifications each relate to events occurring in fall 2011. Jackson State relied also on Robinson’s deposition testimony, in which he identified other potential reasons for his termination: organizational changes and a February 2012 complaint letter he sent to Human Resources. Robinson countered with much of the same evidence he used to show decisionmaker knowledge. In addition, Robinson submitted evidence that the athletics department was already below the recommended number of certified trainers, Dr. Fuller’s explanation shifted over time, Dr. Fuller failed to comply with relevant termination procedure, and Robinson’s name appeared as an employee on the very reorganization plan used to justify his termination.

Jackson State twice moved for judgment as a matter of law during trial, and the district court denied both motions. The jury returned a verdict for Robinson, finding decisionmaker knowledge and concluding that Robinson would not have been fired but for his EEOC interview. As for damages, the jury awarded Robinson $7,100 in lost income, $25,000 in emotional pain and suffering, and $75,000 in punitive damages.

Post-verdict, Jackson State renewed its motion for judgment as a matter of law, this time coupling it with an alternative motion for new trial and remittitur.. When the district court failed to rule for over a year, Robinson moved to transfer the case. One month later, however, the court granted Jackson State’s motion for judgment as a matter of law, concluding only that Robinson lacked sufficient evidence of deci-sionmaker knowledge (evidence beyond mere speculation). In turn, the court denied Robinson’s motion for attorney’s fees. Robinson timely appealed.

II. DISCUSSION

A. Issues Before the Court

Before reaching the substance of the decision below, Jackson State seeks to narrow the claims. Specifically, Jackson State argues Robinson abandoned his First Amendment retaliation claim on appeal because he “does not even mention the First Amendment in his appellate brief’ and “failed- to raise and brief the issue of whether the district court erred in reversing -the jury’s $75,000 punitive damage award against Dr. Fuller.”

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714 F. App'x 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frederick-robinson-v-jackson-state-university-et-ca5-2017.