Johnson v. Adesa Auctions Corp.

8 Mass. L. Rptr. 723
CourtMassachusetts Superior Court
DecidedJuly 27, 1998
DocketNo. 965264
StatusPublished

This text of 8 Mass. L. Rptr. 723 (Johnson v. Adesa Auctions Corp.) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Adesa Auctions Corp., 8 Mass. L. Rptr. 723 (Mass. Ct. App. 1998).

Opinion

Hamlin, J.

Plaintiffs Keri Johnson and Stephen Mitchell (collectively, Plaintiffs) have brought suit against their former employer claiming they were terminated in violation of Chapter 15IB, §4(1 A), the Massachusetts Civil Rights Act, the Massachusetts Privacy statute, and public policy. The defendant has denied liability and now moves for summary judgment. For the following reasons, defendant’s Motion for Summary Judgment is ALLOWED in part and DENIED in part.

BACKGROUND

The following facts Eire derived from the summary judgment materials. Johnson and Mitchell worked at the Auto Deal Exchange of Boston dba ADESA-Boston (ADESA) as employees-at-will. ADESA operates an automobile auction company in Framingham, Massachusetts.

During the time of plaintiffs’ employment, ADESA adopted a “family values” philosophy. The philosophy included promoting certain positive character traits among ADESA employees. A list of these character traits was made and brought to the attention of the employees. The list included traits such as integrity, truthfulness, dependability, responsibility and loyalty. In promoting these desirable character traits, ADESA sought to increase productivity.

ADESA held mandatory company-wide luncheons every month at which employees were publicly recognized for their job performance that reflected the positive character traits. Mitchell and Johnson attended these monthly luncheons.

In July 1995, Johnson and Mitchell began living together. At that time, Mitchell was still married. Thomas Caruso, the general manager of ADESA, learned that Mitchell had left his wife and moved in with Johnson on or about August 10, 1995. Caruso determined that plaintiffs’ cohabitation provided sufficient cause for their termination because their relationship conflicted with ADESA’s “family values" philosophy.

On or about August 11, 1995, Johnson’s supervisor, Gregory Cunningham, called Johnson into his office and asked her if she was living with Mitchell. Also present was Jack Neshe, the company’s Assistant General Manager. After Johnson replied in the affirmative, Cunningham informed her that she was fired because her relationship with Mitchell ran counter to the company’s values. Prior to that meeting, no one at ADESA had ever questioned Johnson as to her living arrangement with Mitchell. Soon after the meeting with Johnson, Cunningham and Neshe met with Mitchell. Neshe asked Mitchell whether he was living with Johnson. Mitchell replied in the affirmative. Neshe then informed Mitchell that he was also fired because his living arrangements with Johnson deviated from ADESA’s family values.

DISCUSSION

1. Standard of Review

Summary judgment shall be granted where there are no genuine issues as to any material facts and where the moving party is entitled to judgment as a matter of law. Mass.R.Civ.P. 56(c); see also Cassesso v. Commissioner of Correction, 390 Mass. 419, 422 (1983); Community Nat’l Bank v. Dawes, 369 Mass. 550, 553 (1976). The moving party bears the burden of affirmatively demonstrating the absence of a triable issue, “and [further] that the moving party is entitled to judgment as a matter of law.” Pederson v. Time, Inc., 404 Mass. 14, 16-17 (1989). A party moving for summary judgment who does not have the burden of proof at trial may demonstrate the absence of a triable issue either by submitting affirmative evidence that negates an essential element of the opponent’s case or “by demonstrating that proof of that element is unlikely to be forthcoming at trial.” Flesner v. Technical Communications Corp., 410 Mass. 706, 716 (1991). “If the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts which would establish the existence of a genuine issue of material fact in order to defeat [the] motion.” Pederson, 404 Mass., at 17. “[T]he opposing party cannot rest on his or her pleadings and mere assertions of disputed facts to defeat the motion for summary judgment.” LaLonde v. Eissner, 405 Mass. 207, 209 (1989).

II. Plaintiffs’ Claims

The Court has found material facts in dispute as to plaintiffs’ claims for wrongful termination (Count I) and violation of G.L.c. 214, §1B (Count II). Accordingly, ADESA’s motion for summary judgment as to those claims is denied. ADESA’s motion for summary judgment is allowed as to plaintiffs’ claims under the Civil Rights Act, G.L.c. 12, §11H-I (Count III) and G. L. c. 151B, §4(1 A) (Count IV).

A. Massachusetts Civil Rights Act

Plaintiffs contend that ADESA’s decision to terminate them on the basis of their living arrangement violates the Massachusetts Civil Rights Act (MCRA). The Civil Rights Act allows private persons to bring suit against individuals who interfere or attempt to interfere with the private person’s rights under either the constitution or laws of the United States or the [725]*725Commonwealth. G.L.c. 12, §§11H-I. Thus, the MCRA does not create any independent rights, but rather serves as a tool for redressing violations of preexisting rights. See Flesner v. Technical Communications Corp., 410 Mass. 805, 818 (1991) (noting failure to identify secured right under constitution or laws of United States or Commonwealth fatal to MCRA claim).2

In this case, plaintiffs allege that ADESA violated their right to intimate association. Plaintiffs’ right to associate intimately without interference emanates from the right to privacy as found in the Due Process Clause of the Fourteenth Amendment. LaSota v. Town of Topsfield, 979F.Sup. 45, (D.Mass. 1997). In LaSota, the plaintiff sued the school for terminating her for cohabiting with a man to whom she was not yet married.3 Id. at 47-48. After a review of the case law surrounding the right to privacy and the First Amendment’s right to association, the LaSota Court determined that the plaintiff did have a right to “associate intimately without fear that the government will use her associations when making decisions concerning her employment.”4 Id. at 50.

Similarly, in this case, plaintiffs possess the right to associate intimately without interference. The undisputed facts demonstrate that ADESA fired them on the basis of their intimate relationship. Thus, plaintiffs may properly invoke protection under the federal constitution to support their MCRA claim.

Despite having successfully articulated a right upon which they may base their Civil Rights claim, plaintiffs’ claim can not survive summary judgment. To maintain an action under the statute, plaintiffs must demonstrate that the defendant violated their rights with “threats, intimidation, or coercion.” G.L.c. 12, §§11H-I. A direct violation of an individual’s rights does not constitute “threats, intimidation, or coercion” unless the direct violation itself involves threats, intimidation or coercion. Planned Parenthood League of Massachusetts, Inc. v. Blake, 417 Mass. 467, 473 (1994). Threats, intimidation, or coercion “involve! ] either a physical confrontation accompanied by a threat of harm, or the loss of a contract right.” Willitts v. Roman Catholic Archbishop, 411 Mass. 202, 210 (1991).5

Here, no evidence exists which demonstrates that ADESA violated plaintiffs’ constitutional rights with threats, intimidation, or coercion.

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Related

Planned Parenthood League of Massachusetts, Inc. v. Blake
631 N.E.2d 985 (Massachusetts Supreme Judicial Court, 1994)
Bell v. Mazza
474 N.E.2d 1111 (Massachusetts Supreme Judicial Court, 1985)
Pederson v. Time, Inc.
532 N.E.2d 1211 (Massachusetts Supreme Judicial Court, 1989)
Delaney v. Chief of Police of Wareham
539 N.E.2d 65 (Massachusetts Appeals Court, 1989)
LaLonde v. Eissner
539 N.E.2d 538 (Massachusetts Supreme Judicial Court, 1989)
Community National Bank v. Dawes
340 N.E.2d 877 (Massachusetts Supreme Judicial Court, 1976)
Kourouvacilis v. General Motors Corp.
575 N.E.2d 734 (Massachusetts Supreme Judicial Court, 1991)
Flesner v. Technical Communications Corp.
575 N.E.2d 1107 (Massachusetts Supreme Judicial Court, 1991)
Cassesso v. Commissioner of Correction
456 N.E.2d 1123 (Massachusetts Supreme Judicial Court, 1983)
Mouradian v. General Electric Co.
503 N.E.2d 1318 (Massachusetts Appeals Court, 1987)
Willitts v. Roman Catholic Archbishop of Boston
581 N.E.2d 475 (Massachusetts Supreme Judicial Court, 1991)
Kolodziej v. Smith
588 N.E.2d 634 (Massachusetts Supreme Judicial Court, 1992)
Wright v. Shriners Hospital for Crippled Children
589 N.E.2d 1241 (Massachusetts Supreme Judicial Court, 1992)

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Bluebook (online)
8 Mass. L. Rptr. 723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-adesa-auctions-corp-masssuperct-1998.