Haskins v. Nicholson

900 F. Supp. 2d 712, 2012 WL 3259307, 2012 U.S. Dist. LEXIS 111163
CourtDistrict Court, S.D. Mississippi
DecidedAugust 8, 2012
DocketCivil Action No. 3:07CV738TSL-JCS
StatusPublished
Cited by1 cases

This text of 900 F. Supp. 2d 712 (Haskins v. Nicholson) is published on Counsel Stack Legal Research, covering District Court, S.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haskins v. Nicholson, 900 F. Supp. 2d 712, 2012 WL 3259307, 2012 U.S. Dist. LEXIS 111163 (S.D. Miss. 2012).

Opinion

MEMORANDUM OPINION AND ORDER

TOM S. LEE, District Judge.

Plaintiff Michael Haskins filed the present “mixed case appeal” pursuant to the Civil Service Reform Act (CSRA), 5 U.S.C. § 1101 et seq., seeking review of a ruling by the Merit System Protection Board (MSPB) upholding his termination from employment by defendant Department of Veterans Affairs (VA).1 In addition, plaintiff has challenged a separate decision by the Equal Employment Opportunity Commission on a claim that the VA’s termination of his health insurance coverage following the termination of his employment was retaliatory. By agreement of the parties, the entire case has been submitted to the court for decision. Having considered the parties’ “trial briefs” and the administrative record, the court concludes that plaintiff has failed to [718]*718establish any grounds to reverse the MSPB’s ruling affirming the VA’s termination decision. Further, the court, having reviewed all the record evidence, concludes that plaintiff has failed to establish that his termination was discriminatory or retaliatory, or that the termination of his health benefits was retaliatory. Accordingly, the court concludes that plaintiffs complaint should be dismissed with prejudice.

Plaintiff Haskins, an African-American male, became employed by the G.B. (Sonny) Montgomery Y.A. Medical Center in Jackson, Mississippi as a Supervisory Biomedical Engineer on May 2, 2005. At that time, he had been employed by the federal government for sixteen years, most recently at the VA Medical Center in Amarillo, Texas. In late September 2005, several months into Haskins’ employment at the Jackson Medical Center, his direct supervisor, Don Wainwright, became aware that plaintiff was rumored to be having an affair with Karen Blocker, a budget technician in the Medical Center’s Facilities Management Service (FMS) whose husband, Joe Blocker, was also employed in the Facilities Management Service, as an electrician. Joe Blocker had suspected his wife of an affair with a coworker, and after discovering an incriminating text message on her cell phone, took the phone to his supervisor, Jack Christian, who determined that the phone number from which the message was sent was Haskins’. Christian advised Wainwright of what he had learned, and expressed concern about its effect on Joe Blocker, who was reportedly distraught over the situation. Wainwright, in turn, provided this information to Acting Medical Center Director Rebecca Wiley. Wiley responded by appointing an Administrative Board of Investigation (ABI), effective November 10, 2005, which was tasked to thoroughly investigate the facts and circumstances regarding allegations that Haskins had created a hostile work environment within the FMS by entering into and carrying on an alleged personal/romantic relationship with Karen Blocker. In addition, based on information that Haskins had sought outside assistance to learn how to permanently delete e-mail correspondence from his government computer, the ABI was also directed to investigate Haskins’ alleged inappropriate use of government equipment (i.e. computers, telephones, etc.), space, and time for non-government business.

Haskins was notified the same day, November 10, 2005, of the appointment of the ABI. He was informed contemporaneously that due to the ABI’s reviewing allegations of inappropriate behavior in the workplace, he would be detailed to an alternate work assignment outside of the biomedical engineering section, and he was directed not to make contact during the investigation with any non-managerial FMS staff.

Commencing December 1, 2005, the ABI met and took the sworn statements of several individuals purported to have information bearing on the matters under investigation, including Haskins, Joe Blocker, Karen Blocker, Don Wainwright and Jack Christian. In the meantime, on December 5, 2005, plaintiff was notified that he was being placed on paid administrative leave from December 6, 2005 through January 6, 2006 pending the outcome of the ABI’s investigation.2 During his absence, the ABI decided that until it completed its investigation, Haskins should be placed in a non-supervisory detail and assigned to [719]*719another location to keep him and Joe Blocker from running into each other in the building. Plaintiff was thus advised on January 6, 2006 that upon his return to work on January 9, 2006, he would be reassigned to an alternate work location outside of the Medical Center.

On December 19, 2005, while on administrative leave, plaintiff submitted a complaint of employment discrimination to the EEOC, in which he claimed that the VA had taken certain actions against him on account of his race and sex, and in retaliation for his having previously complained to VA management and to the EEOC that he had been the victim of sexual harassment during his employment at the Medical Center.

Ultimately, on February 13, 2006, the ABI issued its report, finding that Haskins had subjected employees to a hostile work environment and inappropriately used government equipment for non-government business. Following his review of the findings, Medical Center Director Richard Baltz issued plaintiff a proposed notice of removal on April 3, 2006, based on charges of lack of candor; inappropriate use of supervisory authority which impacted the efficiency and effectiveness of the FMS; failure as a supervisor to uphold and adhere to VA and Medical Center policies on employee responsibilities and conduct; seeking unauthorized external assistance to modify or delete Medical Center information contained within a VA government computer system; and creating a hostile work environment for staff that has impacted the efficiency and effectiveness of the FMS operations. On May 2, 2006, a final Notice of Removal was issued making plaintiffs termination effective June 2, 2006.

Haskins timely filed a mixed case appeal with the Merit System Protection Board (MSPB), challenging his termination by the VA and alleging that the termination was caused by discrimination and retaliation in violation of Title VII.3 On October 4, 2006, the MSPB issued its initial decision upholding the termination; and following Haskins’ appeal to the full board, a final decision was issued February 26, 2007 adopting the initial decision.4 Plaintiff [720]*720then filed the present action challenging the MSPB’s decision.5

The Fifth Circuit has explained that in a mixed-case appeal, which presents non-discrimination-based claims and discrimination-based claims,

“discrimination claims raised administratively are reviewed de novo ”. Aldrup v. Caldera, 274 F.3d 282, 285-86 (5th Cir.2001) (citing 5 U.S.C. § 7703(c) (regarding judicial review of MSPB decisions)). On the other hand, “non-discrimination claims based on the administrative record” are reviewed with deference; we “will uphold the [MSPBj’s determinations unless they are clearly arbitrary and capricious, unsupported by substantial evidence or otherwise not in accordance with law”. Id. at 287.

Arensdorf v. Geithner, 329 Fed.Appx. 514, 516 (5th Cir.2009).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
900 F. Supp. 2d 712, 2012 WL 3259307, 2012 U.S. Dist. LEXIS 111163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haskins-v-nicholson-mssd-2012.