Gale v. City of Tecumseh

156 F. App'x 801
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 14, 2005
Docket03-1993
StatusUnpublished
Cited by4 cases

This text of 156 F. App'x 801 (Gale v. City of Tecumseh) 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
Gale v. City of Tecumseh, 156 F. App'x 801 (6th Cir. 2005).

Opinion

O’MALLEY, Judge.

This appeal arises from a judgment entered on a defense verdict following a jury trial and from an order denying the plaintiffs’ motion for a new trial. The plaintiffs-appellants Rose Marie Gale (“Gale”) and Danut Gale (“Mr. Gale”) (collectively, “Appellants” or “Gales”) brought suit against the defendants-appellees, the City of Tecumseh (“City”) and City Manager Frank Crosby (“Crosby”) (collectively, “Appellees”), ultimately receiving an unfavorable jury verdict on two claims under *803 the Michigan Whistleblower’s Protection Act, MCL Sec. 15.361 et seq., the only two claims that survived dismissal and summary judgment during the course of the proceedings. Judgment was entered on the verdict, and Appellants’ subsequent motion for a new trial was denied. Appellants now appeal both the judgment on the verdict and the order denying their motion for a new trial, arguing that (1) the district court abused its discretion in excluding certain evidence at trial, (2) the district court exhibited bias against Appellants, thereby denying Appellants a fair trial, and (3) the district court abused its discretion in denying Appellants’ motion for a new trial.

For the reasons set forth more fully below, we find that there was no abuse of discretion in the district court’s evidentiary rulings at trial, there is insufficient evidence to support a finding of judicial bias, and the district court did not abuse its discretion in denying Appellants’ motion for a new trial. We, therefore, AFFIRM the district court’s judgment on the verdict, and we AFFIRM the post-judgment order denying Appellants’ motion for a new trial.

I. BACKGROUND

A. Factual Background

In October 1999, Gale began working part-time for the City of Tecumseh. By June 2001, Gale had become a full-time employee as an assistant to the director in the Development Services Department. She held that position until she was terminated in September 2002. This case arises from Gale’s interactions with Crosby, who was the Tecumseh City Manager and Gale’s supervisor. Specifically, the case focuses on a series of complaints and grievances filed by Gale against Crosby and on Crosby’s treatment of Gale after those complaints and grievances were filed. Gale contends that, as a result of reporting allegedly unlawful and inappropriate activity on the part of Crosby, she was given mandated lunch hours, verbally assaulted, stalked, disciplined, suspended without pay, and eventually terminated.

The first relevant problem between Gale and Crosby concerned minutes Gale was responsible for taking at city meetings. Gale alleged that, on several occasions, Crosby asked her to alter the minutes in a way that she felt was inappropriate and illegal. She therefore reported Crosby’s requests to members of city council and other city officials. Reporting those requests, according to Gale, led to the first in a series of allegedly retaliatory acts by Crosby. On June 29, 2001, Crosby mandated that Gale take her lunch hour either before 10:45 a.m. or after 1:45 p.m. Crosby contends that he assigned those lunch hours to ensure that someone in the department was always present to process permits and deal with enforcement issues. Gale, however, felt that she had been singled out for this duty because she notified city officials of Crosby’s requests to alter city meeting minutes. On July 2, 2001, Gale filed a grievance with Crosby and her immediate supervisor regarding her mandated lunch hours.

Thereafter, on July 10, 2001, Crosby allegedly assaulted and harassed Gale after a city council meeting. According to Gale, Crosby became enraged when she told him that she expected an official response to her grievance. Gale claims that Crosby screamed at her with fists clenched and raised, thereby putting her in fear of bodily harm. Crosby, on the other hand, testified at trial that he never yelled at Gale or raised his fists. Gale filed a second grievance in connection with this incident.

On November 1, 2001, the city council held a special meeting concerning Crosby’s behavior and “general handling of person *804 nel issues.” Although Gale spoke at the meeting about the July 10, 2001 incident, Crosby’s conflict with Gale was not a focus of the discussion. Three days after the meeting, the city council voted to issue a formal written reprimand to Crosby, stating that his behavior was not meeting the council’s standards. The letter of reprimand did not reference Gale or any of the alleged incidents with Crosby, but did include directives such as, “[y]ou shall treat all employees ... with respect,” “[y]ou shall not raise your voice in any way to ... city employees,” “[y]ou shall not harass employees,” and “you shall make no effort in the future to determine the source of information given to council.” The letter of reprimand also contained directives not to use sexually suggestive or inappropriate language, not to engage in public or private ridicule of council persons, not to use city resources to express personal religious opinions, and not to call city employees before or after certain hours. The letter did not mention retaliation.

Starting on November 2, 2001, one day after the city council meeting, Gale contends that Crosby began stalking her by driving by the Gales’ house in a city car, parking his ear, then screeching his tires while driving away. According to Gale, this occurred repeatedly during a ten day period until November 12, 2001. Crosby testified at trial, however, that he was out of town during at least portions of this time period. For example, he was able to establish that, on November 2 and 3, he was forty-five minutes away at his daughter’s swim meet. Gale filed another grievance for the alleged stalking.

Appellants also allege that, after the stalking incident, Crosby caused an investigation of Gale, which resulted in a suspension without pay; orchestrated false accusations against the Gales, which led to another suspension of Gale and public embarrassment of Mr. Gale; interfered with Gale’s performance of her duties; refused to promote Gale; and demoted Gale while giving her additional responsibilities. Gale filed three more grievances.

In April 2002, Gale went on stress-related medical leave under the Federal Family and Medical Leave Act. When her allotted medical leave time expired, Gale did not return to work, which she says was, in part, based on professional medical advice. On September 26, 2002, at the expiration of Gale’s medical leave, the City terminated her employment.

B. Procedural Background

On April 12, 2002, the Gales sued the City and Crosby under 42 U.S.C. Secs. 1983 and 1985(3), the Michigan Whistle-blower’s Protection Act (‘WPA”), and common law. Eventually, the Gales voluntarily dismissed the Section 1985(3) claim and a common law claim of defamation, and the district court entered summary judgment for the City and Crosby on the Section 1983 claim and a common law claim of intentional infliction of emotional harm. The case proceeded to trial on the Gales’ claims under the Michigan WPA.

The main issue at trial was whether the City’s termination of Gale was causally connected to her grievance concerning the July 10, 2001 incident and/or the grievance concerning Crosby’s alleged stalking in November 2001.

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Bluebook (online)
156 F. App'x 801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gale-v-city-of-tecumseh-ca6-2005.