Hinton v. Conner

225 F.R.D. 513, 2005 U.S. Dist. LEXIS 94, 2005 WL 22905
CourtDistrict Court, M.D. North Carolina
DecidedJanuary 5, 2005
DocketNo. 1:04CV00004
StatusPublished
Cited by2 cases

This text of 225 F.R.D. 513 (Hinton v. Conner) is published on Counsel Stack Legal Research, covering District Court, M.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hinton v. Conner, 225 F.R.D. 513, 2005 U.S. Dist. LEXIS 94, 2005 WL 22905 (M.D.N.C. 2005).

Opinion

ORDER

ELIASON, United States Magistrate Judge.

Plaintiff has filed a motion to compel discovery of all “technical review” documents for disciplinary actions taken by defendant City of Durham (“City”) against its employees from January 1,1999 to present. Defendant opposes the motion, claiming the discovery request is unduly burdensome and will not reasonably lead to the discovery of admissible evidence.

Plaintiff has brought a civil rights action against the City of Durham and, more specifically, against the Department of Housing and Community Development. This action arose because of her being terminated from her employment in July 2003. She had worked for the City for seventeen years and in the Housing Department from 1995. The termination allegedly violated her federally protected rights of free speech, due process, and equal protection. According to plaintiff, her termination is directly linked to her reporting fiscal mismanagement and/or fraud with respect to the use of federal funds to her supervisors and federal auditors. An investigation led to notoriety and interest by the press. As a result, plaintiff states that defendants City Manager Marcia Conner and Housing Director Charlene Montford received unwanted publicity. Lower management individuals were fired. Defendant Montford became furious with plaintiff because of her whistle blower activity and assigned plaintiff to a job with fewer responsibilities. Allegedly looking for a pretext to fire her, defendants seized on the fact that plaintiffs elderly mother’s house was weatherized with the use of federal funds in the amount of $1,280.15. This relationship may have created a conflict of interest when plaintiff signed approval forms. (Plaintiff may also have had an interest in the house). However, plaintiff states that she informed her supervisor and the director of the weatherization agency that the house belonged to her mother.

The documents which plaintiff seeks are entitled “technical review” forms. They were developed by the City in order to promote disciplinary consistency in employment actions. Plaintiff alleges that not only did no one complete a technical review form in her ease,1 but also the defendant City was much more lenient with employees who had committed much more grievous offenses, such as soliciting prostitution during working hours and misusing $15,000.00 in City money, and that defendant Montford herself was not terminated, even though she misused $7,000.00 in City funds. Plaintiff further states that the scandal remained an issue for defendant Montford until she quit her job in December 2003. Plaintiff argues that the documents will allow the trier of fact to determine whether plaintiffs discharge was unusually harsh as compared to other disciplinary actions by the City. She claims this will help show that the reasons given by defendant for her termination were false and/or a pretext used to hide an illegal purpose.

Defendant contends that the technical review form is not a record of final disciplinary action, but is only used to ensure that the action taken by the supervisor complies with the City’s disciplinary policy. For this reason, defendant argues that the documents will not lead to the discovery of admissible evidence. Second, defendant argues that the forms are not relevant because, for some [515]*515years, no one has been charged with a violation of a federal regulation with respect to a relative. Finally, defendant argues that production of the technical review forms would be burdensome because only forms for the years 2003 through 2004 are maintained in current files. The older records back to the year 2000 are in mixed archive files and approximately sixteen hours of staff time would be required to extract the documents. Defendant does not state whether the forms are recoverable for the year 1999.

Resistance to discovery based on lack of relevance and burdensomeness is controlled by the provisions of Fed.R.Civ.P. 26(b)(1) & (2). Subsection (1) provides that a party may obtain discovery of any non-privileged matter relevant to a claim or defense, but that such information need not be admissible at trial so long as it appears to be “reasonably calculated to lead to the discovery of admissible evidence.” In the instant case, plaintiff seeks to use the comparative evidence of disciplinary infractions as circumstantial evidence to show that the reasons given for her termination were untrue or a pretext. Such evidence may be relevant to the issue of intent in a case such as the instant one where plaintiff is attempting to show that she was discharged from employment because of her whistle blowing activities. This type of issue most usually arises in discrimination cases where a plaintiff seeks to rely on the prima facie evidence presumption established by the United States Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). A plaintiff will use comparative evidence to establish a prima facie case by showing he or she suffered an adverse employment action and was treated less favorably than similarly situated persons.2 Therefore, an examination of those types of cases will help in the decision which must be made in the instant ease.

The purpose of using the McDonnell Douglas prima facie model, or in this case, allowing the use of comparisons as cireumstantial evidence of intent, is designed to force an employer to reveal information which is only available to the employer, ie., any unstated reasons for taking the action, as well as any “discretionary factors underlying defendant’s decision to discipline two individuals differently.” Moore v. City of Charlotte, NC, 754 F.2d 1100, 1106 (4th Cir.), cert. denied, 472 U.S. 1021, 105 S.Ct. 3489, 87 L.Ed.2d 623 (1985). The courts and Congress, at least in discrimination cases, have held that whenever an impermissible factor “motivates” a decision, such a decision is flawed. Rowland v. American General Finance, Inc., 340 F.3d 187, 192 (4th Cir.2003), discussing, Desert Palace, Inc. v. Costa, 539 U.S. 90, 123 S.Ct. 2148, 156 L.Ed.2d 84 (2003). Defendant has not shown that this standard will not be applied here; but, even if it is not, the evidence may be relevant to defendant’s credibility.

Any decision may well have multiple reasons prompting it. However, the law looks to those factors considered to be sine qua non — those without which the particular decision would not have been made. An employer is then held responsible for decisions based on those factors. However, not only may a decision have multiple reasons, but the very nature of dissecting a decision in retrospect can make it difficult to ascertain the “one and true” reason for a decision. Some reasons may be discovered or even invented post hoc.3 The use of comparison evidence allows a plaintiff to discover an employer’s intent and test the proffered reason for taking the adverse employment action.

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

Related

Hartley v. Metropolitan Util. Dist.
885 N.W.2d 675 (Nebraska Supreme Court, 2016)
Holtz v. Jefferson Smurfit Corp. (U.S.)
378 F. Supp. 2d 668 (M.D. North Carolina, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
225 F.R.D. 513, 2005 U.S. Dist. LEXIS 94, 2005 WL 22905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hinton-v-conner-ncmd-2005.