Kenneth Watts v. Lyon County Ambulance Service

597 F. App'x 858
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 20, 2015
Docket14-5761
StatusUnpublished
Cited by5 cases

This text of 597 F. App'x 858 (Kenneth Watts v. Lyon County Ambulance Service) 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
Kenneth Watts v. Lyon County Ambulance Service, 597 F. App'x 858 (6th Cir. 2015).

Opinion

GRIFFIN, Circuit Judge.

Kenneth Watts, the former executive director of Lyon County Ambulance Service (the “ambulance service”), appeals the entry of summary judgment on his Title VII and state-law tortious interference claims against the ambulance service and several members of its board of directors. We affirm.

I.

Watts was terminated from his position as director of the ambulance service in *859 2011. At the time, Rod Murphy was serving as the chairman of the ambulance service’s board of directors. According to Sarah Maki, who was one of Watts’s former employees, Murphy called her shortly before Watts’s termination and attempted to convince her to falsely accuse Watts of sexual harassment. Murphy allegedly told Maki that Watts was jeopardizing the contract between the ambulance service and the company that did its billing, and Murphy wanted to fire Watts in order to protect the job of one of his acquaintances who worked for the billing service. Maki declined to join Murphy’s scheme.

Maki also claimed that she was contacted at about the same time by a former ambulance service coworker, Sara Mink-Taylor, who told Maki that she “want[ed]” to file a sexual harassment claim against Watts with the board of directors in order to get Watts fired and asked Maki to do likewise. Maki again refused. There is no indication in the record that either Mink-Taylor or Maki ever notified the board about any alleged sexual harassment involving Watts.

Ultimately, the board fired Watts, citing significant performance deficiencies in his management of the ambulance service. Watts was replaced as executive director by another male.

Watts then filed a complaint in the district court against the ambulance service and its directors, alleging in pertinent part that his termination violated Title VTI’s prohibition against sex-based discrimination and that Murphy had tortiously interfered with his employment contract with the ambulance service. Watts testified at his deposition that he believed that Murphy tried to incite false sexual harassment allegations against him as a way to justify terminating him. “[T]he real reason” that he was fired, claimed Watts, was Murphy’s desire to protect his relationship with the ambulance service’s billing partner; the false harassment allegations were simply a “cover up.”

Defendants moved for summary judgment on all claims; the district court granted their motion; and Watts now appeals.

II.

We review the district court’s summary judgment determination de novo. Thomas M. Cooley Law Sch. v. Kurzon Strauss, LLP, 759 F.3d 522, 526 (6th Cir.2014). Summary judgment is appropriate only if “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). A factual issue is genuinely in dispute if a reasonable fact-finder could resolve it either way. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Where the disputed issue of fact is material to liability, therefore, premature entry of summary judgment inappropriately supplants the role of the fact-finder in adjudicating liability. See id. at 248-49, 106 S.Ct. 2505. Denial of summary judgment where there is no genuine dispute of material fact, on the other hand, improperly permits a claim to go to the fact-finder even though there can be only one possible outcome. See Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Anderson, 477 U.S. at 250-52, 106 S.Ct. 2505. In determining “whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law,” Anderson, 477 U.S. at 251-52, 106 S.Ct. 2505, the court must view the evidence and draw all reasonable inferences in favor of the nonmoving party. Id. at 255, 106 S.Ct. 2505; Shreve v. Franklin Cnty., 743 F.3d 126, 132 (6th Cir.2014).

*860 A.

Watts first contends that the district court erred in entering summary judgment against his federal employment discrimination claims under Title VII. Watts claims that he was subjected both to illegal disparate treatment and to a hostile work environment. He is mistaken in both respects.

Watts’s argument seems to stem from an assumption that he is entitled to Title VII protection for any workplace wrong simply because he is male. While it is true that Title VII “protects men as well as women,” Oncale v. Sundowner Offshore Sens., Inc., 523 U.S. 75, 78, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998), the statute does not insulate men from any and all adverse employment actions. Instead, it prohibits discrimination on the basis of, among other things, “sex.” 42 U.S.C. § 2000e-2(a)(1). In other words, a plaintiff who is subjected to some workplace impropriety cannot recover for that wrong under Title VII simply because he happens to have a gender; the impropriety must have been done to him “because of [his] ... sex.” Id.; White v. Baxter Healthcare Corp., 533 F.3d 381, 390 (6th Cir.2008).

The proper understanding of Title VH’s operation is fatal to Watts’s claims. With respect to his disparate treatment claim, Watts primarily identifies his termination as the “adverse employment action” upon which defendants’ Title VII liability is predicated. See Kuhn v. Washtenaw Cnty., 709 F.3d 612, 625 (6th Cir.2013) (defining an “adverse employment action” in the Title VII discrimination context). But Watts’s theory of the case directly contradicts his argument that he was terminated because of his sex. According to Watts, the real reason that Murphy wanted to fire him was in order to protect the ambulance service’s relationship with one of its billing partners; the sexual harassment allegations were fabricated as a way to justify Watts’s termination. Even on Watts’s theory of the facts, then, he was fired not because of his sex but for ulterior motives. His argument is self-defeating.

Watts also gestures toward an argument that Murphy’s selection of the particular mode of discrediting him was sex-based— that is, that Watts would not have been subjected to false accusations of sexual harassment but for the fact that he is male. Whether construed as a disparate-treatment claim or as a hostile-environment claim, this assertion is equally speculative and meritless. See Warf v. U.S.

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597 F. App'x 858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenneth-watts-v-lyon-county-ambulance-service-ca6-2015.