Jennings v. County of Monroe

630 F. App'x 547
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 16, 2015
DocketNo. 14-2545
StatusPublished
Cited by13 cases

This text of 630 F. App'x 547 (Jennings v. County of Monroe) 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
Jennings v. County of Monroe, 630 F. App'x 547 (6th Cir. 2015).

Opinion

OPINION

McKEAGUE, Circuit Judge.

Jennings was terminated from his position as the Assistant Director of Monroe County E 9-1-1 Service District (Central Dispatch) in May 2012 for off-duty conduct that called his judgment into question. He subsequently filed suit against Monroe County, Central Dispatch, and five members of its board of directors (collectively, “the County”), raising discrimination and retaliation claims under the Americans with Disabilities Act of 1990 as well as bringing a civil rights claim for the County’s denial of his request for a name-clearing hearing. The district court granted the County’s motion for summary judgment as to all counts, and Jennings now appeals. Jennings has not provided sufficient evidence on which a reasonable jury could find that the County’s proffered reason for termination was a pretext for discrimination. As to the civil rights claim, Jennings has not provided sufficient evidence that the statement made was stigmatizing and false. Accordingly, we affirm.

I

Central Dispatch handles the emergency calls for Monroe County. As Assistant Director, Jennings was responsible for the efficient day-to-day operation of the Central Dispatch Communication Center. He was also required to be on-call in the event of any emergency situation or any issues with any employee or equipment. Jennings’ supervisor was Alan Frank, the Director of Central Dispatch.

History of PTSD. In early 2011, Jennings filed a whistleblower lawsuit against Monroe Township because he had been demoted from his position as a lieutenant volunteer for the fire department. Jennings asserts that the resulting stress surrounding the lawsuit caused him to seek treatment with a psychologist, Richard Rizzo, Ph.D., in July 2011. Dr. Rizzo diagnosed Jennings as suffering from post-traumatic stress disorder (PTSD) stemming from childhood sexual abuse. Jennings claims he informed Frank of his treatment and diagnosis of PTSD prior to April 11, 2012. However, he does not recall the date that he told Frank this information, nor does he remember any specific details that he discussed with Frank concerning his PTSD. If such a conversation in fact took place, Frank has no recollection of it.

Marital Issues and April 10-11, 2012. On April 5, 2012, Jennings and his wife separated, and Jennings began living at his mother’s apartment. On April 10, Jennings and his wife went to a marriage counselor to discuss the couple’s marital problems. After the counseling session, Jennings and his wife went back to the marital home and continued to discuss their issues. Jennings became more agitated because he was convinced that his wife wanted to return to her previous boyfriend. After drinking a pint of tequila and taking one of his mother’s Xanax pills, he quickly became intoxicated. When he left around 11:15 p.m., his wife called a family friend, Bret Ansel of the Dundee Police, who knew of their ongoing marital problems. Jennings’ wife again contacted Ansel around 3:15 a.m., indicating that [549]*549Jennings was in his car in her driveway, texting her and wanting to come inside. When Ansel arrived, Jennings drove off. Ansel was in a private vehicle and did not pursue Jennings’ car, believing it to be unsafe. Ansel communicated with Jennings through text messaging and became increasingly concerned that Jennings was going to take his own life. Ansel decided to involve Central Dispatch, and the Dundee Police Department was alerted. Officers were dispatched to join in the search for Jennings,

Around 5:00 a.m., Ansel located Jennings, who had driven to his mother’s apartment. Having consumed a pint of tequila and Xanax, Jennings has no recollection of driving from the marital home to his mother’s apartment. Ansel and another Dundee police officer woke Jennings to speak with him. Ansel then left. Jennings claims he knew at that time that he needed to seek professional help. He sent an email to Frank requesting three days off.

Frank was called around 5:45 a.m. and was informed that there was a potential issue with the Assistant Director. Frank then contacted Ansel, who told him that Jennings had been experiencing marital problems and “went off the deep end in a big way.” R. 27-4, Frank Dep. Tr. at 3, Page ID 176. Ansel further explained that Jennings had made suicidal statements and had placed the barrel of a gun in his mouth.

After Ansel left Jennings at his mother’s apartment, Jennings decided that he wanted to see his infant daughter, who was at his mother-in-law’s house. He drove there, but his mother-in-law had been warned to prohibit him from coming inside. She called the Monroe County Sheriffs Department and Sergeant John Plath was dispatched to the house. Plath spoke to Jennings and then called Jennings’ wife, who recommended that Jennings admit himself to the University of Michigan Hospital. Jennings agreed and Plath transported him to the University of Michigan Hospital, where he was admitted for suicidal ideation.

The Immediate Aftermath. Frank emailed Jennings on April 13, 2012 to advise him that he was being placed on administrative leave and would be required to submit to a fítness-for-duty examination. Jennings responded the next day to inform Frank that he was doing much better and would be home by April 16. Once he was home on April 16, 2012, Jennings sent an email to Frank stating that he was released to do his normal activities. He acknowledged that he had received short-term disability paperwork from Frank, but stated that he did not see any need for it.

Jennings reported for his fitness-for-duty examination with Susan Casselman, Psy. D., in Toledo, Ohio. Her report to Armstrong begins, “At your request, Mr. Jennings was evaluated on 4/19/2012 to assess his fitness for duty____ Concerns arose recently due to an incident in which the client reportedly became intoxicated and made vague threats about suicide. At one point, he reportedly placed the barrel of a handgun into his mouth.” R. 27-10, Casselman Report at 3, Page ID 208. She noted his history of PTSD but concluded that Jennings was not disabled.

Jennings saw Dr. Rizzo and told him that he felt ready to return to work but had not been cleared yet. Dr. Rizzo prepared a work leave of absence letter for Central Dispatch indicating that Jennings would be able to return to work on April 30, 2012 with no restrictions. Despite Dr. Casselman’s recommendations as noted in her report, Jennings did not return to weekly treatment with Dr. Rizzo. Between April 28, 2012 and July 19, 2012, [550]*550Jennings saw Dr. Rizzo on three occasions and missed three appointments.

On May 8, 2012, Frank and Armstrong interviewed Jennings. At the meeting, Jennings admitted to drinking tequila and taking Xanax on April 10, 2012. He could not admit or deny driving while under the influence because he claimed that he had blacked out from 10:00 p.m. to 6:00 a.m. the following morning. The notes from the investigative interview indicate that the administration viewed his behavior on April 10-11, 2012 as serious and it was the reason that Jennings had been placed on administrative leave.

The Central Dispatch Board Meeting. On May 11, 2012, the Central Dispatch Board of Directors held a special meeting. At the meeting, Frank made a presentation recommending that Jennings’ employment be terminated because he had a “lack of confidence and trust” in Jennings as Assistant Director. R. 27-2, Bd. Meeting Minutes at 2, Page ID 160; see also R. 27-11, Jennings Note at 3, Page ID 220.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
630 F. App'x 547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jennings-v-county-of-monroe-ca6-2015.