Kelly v. Municipal Courts of Marion County

97 F.3d 902
CourtCourt of Appeals for the Seventh Circuit
DecidedOctober 2, 1996
DocketNo. 95-2448
StatusPublished
Cited by2 cases

This text of 97 F.3d 902 (Kelly v. Municipal Courts of Marion County) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kelly v. Municipal Courts of Marion County, 97 F.3d 902 (7th Cir. 1996).

Opinion

COFFEY, Circuit Judge.

David Kelly, a black male and a Jehovah’s Witness, worked as a bailiff in the courtroom of Judge Wendell Mayer. Mayer discharged Kelly, ostensibly for poor job performance as well as for inappropriate conduct, including proselytizing and reading the Bible in public areas of the court house. In response, Kelly brought suit, claiming that he was harassed and ultimately fired due to his race, religious beliefs, and refusal to contribute to and work for the Republican Party. After dismissing some of Kelly’s claims as barred by the Eleventh Amendment and granting summary judgment against Kelly on most of the others, the district court conducted a jury trial on Kelly’s claim that he was fired due to his political beliefs. At the end of Kelly’s ease-in-chief, the district court granted Mayer’s motion for judgment as a matter of law. Fed.R.Civ.P. 50(a).

On appeal, Kelly challenges the dismissal on Eleventh Amendment grounds of various defendants; the grant of summary judgment on his claim that Mayer violated his rights to freedom of religion and equal protection of the law; and the grant of judgment as a matter of law on his claim that he was fired because of his political beliefs. He also raises several evidentiary issues. We affirm.

[905]*905I. BACKGROUND

Defendant Wendell Mayer, a lifelong Republican, was appointed as a judge of the Marion County Municipal Court effective August 1,1989. Kelly applied for and was hired as Mayer’s bailiff and commenced work on August 22, 1989. Mayer interviewed Kelly, asked him about his previous work experience, and explained the requirements of the job. Mayer inquired of Kelly as to whether Kelly was a Republican, and Kelly replied that he was. He also told Mayer that he had once studied with the Jehovah’s Witnesses, whose religious doctrine prohibited members from voting or participating in the political system. However, Kelly stated that he wasn’t sure about the Jehovah’s Witnesses and intended on remaining a Republican at that time. Mayer told Kelly that he suggested to his employees that they contribute a part of their salary to the Republican Party. Further, Kelly testified that Mayer also told him that he “expected” his staff to work at the polls on election day and to participate in the electoral process. [Tr. II at 37]. Mayer denied these two statements, testifying that he never told Kelly that it was mandatory for Kelly to contribute to the party or to work at the polls.

At some point (the record is unclear), Kelly began studying to become a Jehovah’s Witness. [K. Aff. para. 13]. Kelly kept a Bible on his desk, which was located in an area of the office that was open to the public. Kelly read the Bible during “down time” in the public reception area; on several occasions, he also read the Bible to prisoners while they were waiting in the holding cells. [Mayer Dep. 170-90]. Mayer instructed Kelly to refrain from reading the Bible or proselytizing in public areas because he believed that such activities could suggest that the court was promoting religion and would thus be a violation of the Judicial Code of Ethics, to which Mayer and his staff were bound. Mayer did not prohibit his other employees from reading materials such as newspapers, paperback novels, and magazines. [Mayer Dep. 179-80].

In January 1990, Kelly informed Chief Bailiff David Anderson that he was no longer going to contribute 2 percent of his salary to the Republican Party because to do so would violate the religious dictates of the Jehovah’s Witnesses. Anderson reported directly to Mayer. [K. Aff. para. 12], In February 1990, Kelly ceased contributing to the Republican Party. In late April or early May 1990, Kelly told Anderson that, in keeping with his religious beliefs, he did not intend to work at the polls for the Republican Party during the May primary. [Id. at para. 13].

Kelly’s decision not to contribute to the Republican Party and not to work at the polls was common knowledge among Mayer’s staff. [Tr. I at 68]. However, neither Kelly, Anderson, nor Jane Sears, Mayer’s court reporter, ever told Judge Mayer of Kelly’s decision. Anderson testified that if Jane Sears knew that Kelly was not contributing to the Republican Party or working at the polls, then Mayer knew it as well. [Tr. I at 70, 74],

On June 7, 1990, Kelly received a written reprimand from Mayer listing the following problems: (1) “Witnessing” (promoting his religious beliefs to the public), (2) “Reading Materials” (reading the Bible in public areas), (3) ‘Working Hours” (arriving late), (4) “Lunch Hour” (failing to coordinate times with other members of staff), (6) “Phones” (failing to answer the phone), and (6) “Absence during working hours” (failing to inform other members of staff). On September 7, 1990, Mayer terminated Kelly’s employment because he did not consider Kelly had improved sufficiently in these problem areas.

In July 1990, according to Kelly, prior to his discharge, certain members of Mayer’s staff harassed Kelly by teasing him about his sex life. They asked how he had time for sex when he went to church all the time. Typically, on Mondays when Kelly came to work, they would ask what he had done over the weekend and whether or not he had had any sexual encounters. Kelly reported this behavior to Mayer and asked Mayer to have them stop harassing him, but Mayer took no action. [K. Aff. para. 15].

Judge Evan Goodman was the Presiding Judge of the Municipal Court of Marion County during the time of Kelly’s employ[906]*906ment with Mayer. According to the Personnel Manual for the Municipal Court of Marion County, the presiding judge had to give his consent whenever an employee was disciplined or terminated. Goodman was never advised that Mayer had terminated Kelly’s employment.

Kelly filed this lawsuit on October 24,1991. In his Second Amended Complaint, Kelly named as defendants the Municipal Courts of Marion County, Wendell Mayer, both individually and as administrator of support personnel of Municipal Court Room Six, and Evan Goodman, both individually and as chief administrator of the Municipal Courts of Marion County.1 In Count I of the four-count complaint, Kelly sued the defendants 2 under 42 U.S.C. § 1983 for allegedly violating his rights to freedom of religion, liberty, political association, equal protection of the law, and due process of law. Under Count II, Kelly sued the defendants under § 1983 for allegedly violating his right not to be terminated from his employment without due process of law. In Count III, Kelly sued the defendants under 42 U.S.C. § 2000e for terminating him allegedly because of his religious and political beliefs, affiliations, and associations. In Count IV, Kelly sued the defendants for allegedly discriminating against him in violation of 42 U.S.C. § 1981 by granting white employees permission to read literature of their choice at work while denying such permission to Kelly.

The district court dismissed Kelly’s claims under Counts I and II insofar as those claims related to Mayer and Goodman in their official capacities. The court determined that the Eleventh Amendment barred these claims.

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Bluebook (online)
97 F.3d 902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-municipal-courts-of-marion-county-ca7-1996.