Jackson v. Pennsylvania

218 F. Supp. 3d 332, 2016 WL 6471051, 2016 U.S. Dist. LEXIS 150421
CourtDistrict Court, M.D. Pennsylvania
DecidedOctober 31, 2016
Docket3:13-CV-2747
StatusPublished
Cited by2 cases

This text of 218 F. Supp. 3d 332 (Jackson v. Pennsylvania) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. Pennsylvania, 218 F. Supp. 3d 332, 2016 WL 6471051, 2016 U.S. Dist. LEXIS 150421 (M.D. Pa. 2016).

Opinion

MEMORANDUM OPINION

Robert D. Mariam, United States District Judge

I. Introduction and Procedural History

On November 11, 2013, Plaintiff filed a Complaint, (Doc. 1), in response to his termination as a corrections officer. On January 16, 2014, Plaintiff amended his Complaint. (Doc. 11). The Amended Complaint contains a single count alleging that the Commonwealth of Pennsylvania Department of Corrections (“DOC”) violated the Civil Rights Act of 1964—specifically 42 U.S.C. § 2000e-2(a)—by terminating Plaintiffs employment on the basis of his race. (Doc. 11, ¶¶ 20, 29-31). After numerous extensions and delays, fact discovery was completed on January 21, 2016. Defendant then filed a Motion for Summary Judgment, (Doc. 33), on March 4, 2016. The Motion has been fully briefed and is now ripe for decision. For the reasons set forth below the Court will deny Defendant’s Motion.

II. Statement of Undisputed Facts

In accordance with Local Rule 56.1, Defendant submitted a Statement of Material Facts in Support of its Motion for Summary Judgment, (Doc. 38), as to which it contends that there is no genuine dispute for trial, and Plaintiff submitted a response, (Doc. 43). Thus, the following facts have been admitted, except as specifically noted:

Plaintiff, Ricardo Jackson, is an African American male who began working for the Defendant, Pennsylvania DOC, in November, 2008. (Doc. 38, ¶¶ 2, 5). On January 4, 2011, Plaintiff was scheduled to work the 2:00 p.m. to 10:00 p.m. shift at the State Correctional Institution at Dallas. (Id. at ¶¶ 1, 4). At that time, Sergeant Alfred DeAngelis was conducting random searches of staff vehicles arriving for work. (Id. at ¶ 1). When Plaintiffs vehicle was chosen for a search, he consented. (Id. at ¶¶ 9-10). The search of his vehicle uncovered a Smith and Wesson .40 handgun and ammunition. (Id. at ¶¶ 11-12). Upon further searching, DeAngelis found a residue in the vehicle’s cup holder, two small pieces of paper containing plant material, and a one inch by one inch Ziploc bag. (Id. at ¶¶ 15, 17; Doc. 43, ¶¶ 15, 17). A “NIK” field test indicated the residue in the cup holder was marijuana.1 (Doc. 38, ¶ 18). After consenting to a personal drug test, Plaintiff tested positive for marijuana. (Id. at ¶¶ 22-23).

On January 5, 2011, Plaintiff was suspended from his job while an internal investigation was conducted. (Id. at ¶24). Defendant also turned over the results of the vehicle search to the Pennsylvania State Police. (Id. at ¶25). As a result, Plaintiff was criminally charged with vio[334]*334lating 35 P.S. § 780~113(a)(31)(i), possessing small amounts of marijuana for personal use, and 35 P.S. § 780-113(a)(32), possession with intent to use drug paraphernalia, (Id. at ¶ 26). Plaintiff was placed on “probation without verdict” after pleading guilty. (Doc. 43, ¶27; Doc. 45 at 8; Doc. 44-5); see 35 P.S. § 780-117.2

On April 19, 2011, a Pre-Disciplinary Conference was held to address what action should be taken with regards to Plaintiffs employment. (Doc. 38, ¶¶ 29-31; Doc. 44-4 at 2). After the Pre-Disciplinary Conference, Superintendent Jerome Walsh recommended terminating Plaintiffs employment with the DOC. (Doc. 38, ¶ 34). By letter dated May 27, 2011, Plaintiff was informed that he was dismissed from his job for violating the DOC Code of Ethics3 and the Governor’s Code of Conduct.4 (Id. at ¶¶ 35-36). Plaintiff appealed his termination to the State Civil Service Commission, alleging both that the Defendant lacked cause to terminate and that Defendant had discriminated against Plaintiff on the basis of his race. (Id. at ¶ 37). The Commission determined that there was just cause for Plaintiffs dismissal and that Plaintiff had failed to present evidence establishing discrimination, (Id. at ¶ 38).

Around this time, several other incidents occurred. Plaintiffs sister alleged that two other employees, both white males, had engaged in work related misconduct. (Id. at ¶ 39). She alleged that Sergeant Provow smoked marijuana with Plaintiff and that Provow admitted to her that he carried a weapon on state property. (Id.). She also alleged that a corrections officer, Donahue, sold homemade wine on state property. (Id.). Upon investigation, both individuals denied the allegations and no further action was taken. (Id. at ¶¶ 40-2). Further, another white male, Rathburn, was found to have had a hunting knife while in one of the perimeter vehicles on DOC property.5 (Doc. 45 at 10). Although it is clear that Rathburn was not immediately suspended, (Doc. 38-6 at 299-300), and that a Pre-Disciplinary Conference was held, (Doc. 38, ¶ 44), the record is unclear as to whether he was ultimately terminated or not, (Doc. 38-6 at 298-299).

III. Standard of Review

Through summary adjudication, the court may dispose of those claims that do not present a “genuine dispute as to any material fact.” Fed. R. Civ. P. 56(a). “As to materiality, .... [o]nly disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

The party moving for summary judgment bears the burden of showing the [335]*335absence of a genuine issue as to any material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Once such a showing has ■ been made, the non-moving party must offer specific facts contradicting those averred by the movant to establish a genuine issue of material fact. Lujan v. Nat’l Wildlife Fed’n, 497 U.S. 871, 888, 110 S.Ct. 3177, 111 L.Ed.2d 695 (1990). Therefore, the non-moving party may not oppose summary judgment simply on the basis of the pleadings, or on conclusory statements that’ a factual issue exists. Anderson, 477 U.S. at 248, 106 S.Ct. 2505. “A party asserting that a fact cannot be or is genuinely disputed must support the assertion by citing to particular parts of materials in the record ... or showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.” Fed. R. Civ, P. 56(c)(l)(A)-(B). In evaluating whether summary judgment should be granted, “[t]he court need consider only the cited materials, but it may consider other materials in the record.” Fed. R. Civ. P. 56(c)(3). “Inferences should be drawn in the light most favorable to the non-moving party, and where the non-moving party’s evidence contradicts the movant’s, then the non-movant’s must be taken as true.” Big Apple BMW, Inc. v. BMW of N. Am., Inc., 974 F.2d 1358, 1363 (3d Cir.

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218 F. Supp. 3d 332, 2016 WL 6471051, 2016 U.S. Dist. LEXIS 150421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-pennsylvania-pamd-2016.