Judith I. Walborn v. Erie County Care Facility

150 F.3d 584, 1998 U.S. App. LEXIS 17446, 1998 WL 425874
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 30, 1998
Docket97-3678
StatusPublished
Cited by71 cases

This text of 150 F.3d 584 (Judith I. Walborn v. Erie County Care Facility) 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
Judith I. Walborn v. Erie County Care Facility, 150 F.3d 584, 1998 U.S. App. LEXIS 17446, 1998 WL 425874 (6th Cir. 1998).

Opinion

OPINION

KENNEDY, Circuit Judge.

Plaintiff Judith Walborn appeals from the District Court’s order granting summary judgment in favor of defendants Erie County Care Facility (“ECCF”) and its officers in this action alleging employment discrimination. Ms. Walborn claims that defendants retaliated against her for filing an administrative complaint with the Equal Employment Opportunity Commission (“EEOC”) *585 and a subsequent claim in the District Court pursuant to the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101, et seq. On appeal, Ms. Walborn contends that summary judgment was improper because genuine issues of material fact exist. We disagree and AFFIRM the judgment of the District Court.

I. FACTS

Plaintiff Judith Walborn began working at the Erie County Care Facility on November 16, 1987 as a Licensed Practice Nurse. The ECCF is a nursing home located in San-dusky, Ohio which employs more than fifteen employees and which is owned and operated by the Board of County Commissioners of Erie County.

A. Procedural History

Ms. Walborn first sued ECCF in January 1996. In that action, she claimed that ECCF violated the ADA as well as the Rehabilitation Act of 1973, 29 U.S.C. § 701, et seq. by refusing to limit her work assignment to the two non-smoking work areas. 1 Defendant ECCF moved for summary judgment. The District Court granted the motion on April 13, 1996 on the ground that ECCF had reasonably accommodated Ms. Walborn’s disability. Ms. Walborn did not appeal this ruling.

Ms. Walborn later filed the instant action against ECCF and its officers. In this suit, she alleges that defendants violated her rights under the ADA by retaliating against her for requesting reasonable accommodation and bringing the first lawsuit. Defendants again moved for summary judgment. The District Court issued an order granting the motion, finding that Ms. Walborn had failed to establish a prima facie case of retaliation. Specifically, the court found that no causal link existed between the alleged instances of retaliation and Ms. Walborn’s request for a reasonable accommodation. Ms. Walborn then filed a timely notice of appeal.

B. Factual History

On March 30, 1992, Harry VandeVelde became the new administrator of ECCF. Shortly thereafter Cyd Jameyson became the new Director of Nursing. Because Jamey-son perceived several problems among Care Facility staff members upon her arrival, she decided to meet with Ms. Walborn to address her concerns as they related to Ms. Walborn. The meeting took place on July 6, 1992. Jameyson testified that during this meeting she primarily discussed Ms. Walborn’s paperwork and treatment of the nurses’ aides under her supervision. Other staff members who worked on Ms. Walbom’s shift had complained to Jameyson that Ms. Walborn was doing minimal paperwork, requiring others to “carry her load,” and that she treated the nurses’ aides disrespectfully. 2

Jameyson also testified that she viewed the meeting as merely a talking session designed to help her get acquainted with Ms. Walborn and advise her of ECCF’s expectations of her. Jameyson specifically stated that she therefore made no accusations against Ms. Walborn during the meeting. Ms. Walborn and her husband, however, came away with a different impression, describing the encounter as a “rape meeting.” Mr. Walborn became intent on securing an apology from VandeVelde, Jameyson’s supervisor. In addition, he wanted to let VandeVelde “know that he kicked the wrong dog and that [Ms. Walborn and I are] quality people and don’t try and continue on this course because I’m going to keep a record on every move you make.” Accordingly, he phoned VandeVelde and arranged a meeting.

On July 27, 1992, the Walborns met Van-deVelde in a local park. During the meeting, Mr. Walborn complained that there was a faction of troublemakers at ECCF who spread untruths about various individuals that would filter to the administration. The administration, according to Mr. Walborn, would treat these rumors as facts and wrongfully “prosecute” the accused without provid *586 ing them a genuine opportunity to vindicate themselves. Before leaving the park, Mr. Walborn gave VandeVelde a list of the “known ECCF troublemakers” as well as a list of suggestions.

After the July 6’meeting, the Walborns began to take notes recording everything that happened at ECCF. By the end of 1996, they had amassed sixteen loose leaf notebooks of typed documents and notes. The couple also -fielded phone calls from other dissatisfied employees. In his deposition, Mr. Walborn described their family room as the “mission control center” for information critical of ECCF administrators and their supporters.

Ms. Walborn and her co-worker Patty Powell arranged a meeting with Erie County Commissioner Tom Ferrell. This meeting was followed by another meeting attended by three County Commissioners and five Care Facility nurses. The nurses criticized the VandeVelde administration and complained that ECCF was poorly run. Ms. Walborn testified that she had expressed concerns about chain of command issues. 3 Following both of these meetings, the Board of County Commissioners met with other members of the ECCF nursing staff. These nurses informed the Board that they believed Ms. Walborn and the other complaining nurses were unfairly criticizing Jameyson. 4

On February 11, 1993, Ms. Walborn requested that Jameyson reassign her from Cluster 3, the cluster in which smoking is permitted, because she suffered from various breathing disorders. Jameyson granted the request after Ms. Walborn provided the requisite doctor’s slip substantiating her need for an accommodation. However, Ms. Wal-bom complains that ECCF took the following adverse actions against her in order to retaliate against her for asserting her rights under the ADA.

1. The Sexual Harassment Complaint

Ms. Walborn maintains that on December 3,1993,. ECCF improperly disciplined her for sexual harassment. The incident which formed the basis for the discipline involved a male nurse, Tony Lilje, whom Ms. Walborn supervised two nights in late fall, 1993. Lilje testified that on the first night he worked under Ms. Walborn’s direction, she told Lilje an intimate story of a sexual nature. 5 Lilje explained that although he was not “offended” by the discussion, he felt such talk was inappropriate in the workplace. He reported the incident to his supervisor who assured him that he would not need to work under Ms. Walborn again. The supervisor then advised Jameyson of the incident.

Approximately one week later, Lilje wrote a two-page report summarizing the two evenings he worked under Ms. Walborn’s supervision.

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Bluebook (online)
150 F.3d 584, 1998 U.S. App. LEXIS 17446, 1998 WL 425874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/judith-i-walborn-v-erie-county-care-facility-ca6-1998.