Hamilton v. Sheridan Healthcorp Inc.

602 F. App'x 485
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 3, 2015
DocketNo. 14-12849
StatusPublished
Cited by9 cases

This text of 602 F. App'x 485 (Hamilton v. Sheridan Healthcorp Inc.) 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
Hamilton v. Sheridan Healthcorp Inc., 602 F. App'x 485 (11th Cir. 2015).

Opinion

PER CURIAM:

Dwain A. Hamilton, M.D., an African-American male, appeals the district court’s order granting summary judgment in favor of defendants Sheridan Healthcorp, Inc. and Sheridan Healthcare Corp. (collectively, Sheridan), Dr. Joseph Loskove, and Dr. Jean Miles, in an action alleging race' discrimination and retaliation under Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. §§ 2000e-2(a)(l), 2000e-3(a); 42 U.S.C. § 1981; and the Florida Civil Rights Act of 1992 (FCRA), Fla. Stat. § 760.01 et seq. Dr. Hamilton raises three arguments on appeal. First, he argues that he presented sufficient circumstantial evidence of the discriminatory intent of the decision-makers involved in his transfer and termination, so as to preclude summary judgment on his disparate-treatment claims. Second, Dr. Hamilton contends that he also submitted sufficient evidence to show that the defendants’ stated reason for firing him was pretextual, so as to preclude summary judgment on his retaliation claims. Finally, he challenges the district court’s order granting the de[487]*487fendants’ motion to strike his demand for a jury trial. Upon careful review of the record and the parties’ briefs, we affirm.

I.

We review a district court order granting summary judgment de novo. Brooks v. Cnty. Comm’n, 446 F.3d 1160, 1161-62 (11th Cir.2006). Summary judgment is appropriate when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law, viewing all of the facts in the record in the light most favorable to the non-moving party. Id. at 1162; see also Fed. R.Civ.P. 56(a). “A genuine factual dispute exists if the jury could return a verdict for the non-moving party.” Wilson v. B/E Aerospace, Inc., 376 F.3d 1079, 1085 (11th Cir.2004) (internal quotation marks omitted).

“The party moving for summary judgment bears the initial responsibility of informing the district court of the basis for its motion and identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact.” Jones v. UPS Ground Freight, 683 F.3d 1283, 1292 (11th Cir.2012) (internal quotation marks omitted); see also Fed.R.Civ.P. 56. “The burden then shifts to the non-moving party to rebut that showing by producing affidavits or other relevant and admissible evidence beyond the pleadings.” Jones, 683 F.3d at 1292 (internal quotation marks omitted). “The non-moving party does not satisfy its burden if the rebuttal evidence is merely colorable, or is not significantly probative of a disputed fact.” Id. (internal quotation marks omitted).

Title VII makes it unlawful for an employer to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of his race. 42 U.S.C. § 2000e-2(a)(l). The elements of a 42 U.S.C. § 1981 race-discrimination claim are the same as a Title VII disparate-treatment claim and therefore need not be analyzed separately. See Rice-Lamar v. City of Fort Lauderdale, 232 F.3d 836, 843 n. 11 (11th Cir.2000). Decisions construing Title VII similarly are applicable when considering claims brought under the FCRA, which was patterned after Title. VII. See Fla. Stat. § 760.10(7); Harper v. Blockbuster Entm’t Corp., 139 F.3d 1385, 1387, 1389-90 (11th Cir.1998). A plaintiff establishes a prima facie case of discrimination through circumstantial evidence by showing that: “(1) [he] is a member of a protected class; (2)[he] was subjected to an adverse employment action; (3)[his] employer treated similarly situated .’.. employees [outside of his class] more favorably; and (4)[he] was qualified to do the job.”1 McCann v. Tillman, 526 F.3d 1370, 1373 (11th Cir.2008) (internal quotation marks omitted).

In a case alleging discriminatory discipline, establishing the third element requires showing that a similarly situated employee engaged in the same or similar misconduct but did not receive similar discipline. See Lathern v. Dep’t of Children & Youth Servs., 172 F.3d 786, 792 (11th Cir.1999). “We require that the quantity and quality of the comparator’s misconduct be nearly identical to prevent courts from [488]*488second-guessing employers’ reasonable decisions .... ” Maniccia v. Brown, 171 F.3d 1364, 1368 (11th Cir.1999).

Nevertheless, a “failure to produce a comparator does not necessarily doom the plaintiffs case.” Smith v. Lockheed-Martin Corp., 644 F.3d 1321, 1328 (11th Cir.2011).

Rather, the plaintiff will always survive summary judgment if he presents circumstantial evidence that creates a triable issue concerning the employer’s discriminatory intent. A triable issue of fact exists if the record, viewed in a light most favorable to the plaintiff, presents a convincing mosaic of circumstantial evidence that would allow a jury to infer intentional discrimination by the deci-sionmaker.

Id. (citations and internal quotation marks omitted).

Dr. Hamilton has identified no comparators with respect to his transfer to the day shift or his termination, see Burke-Fowler v. Orange Cnty., 447 F.3d 1319, 1323-25 (11th Cir.2006) (per curiam), and he has submitted insufficient circumstantial evidence of discriminatory intent to defeat summary judgment, see Smith, 644 F.3d at 1328. Dr. Loskove’s statement that he lacked confidence that Dr. Hamilton could be “the face of the department at night” does not support a reasonable inference of discriminatory intent, given the evidence of Dr. Hamilton’s multiple performance issues, which included delaying a life-saving emergency surgery and a post-operative nerve block; failing to comply with various corporate and departmental requirements; numerous instances of failing to complete charts; and lying about his failure to pass a required certification exam. Dr.

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602 F. App'x 485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-sheridan-healthcorp-inc-ca11-2015.