King v. City of Philadelphia

66 F. App'x 300
CourtCourt of Appeals for the Third Circuit
DecidedApril 1, 2003
DocketNo. 02-2845
StatusPublished
Cited by20 cases

This text of 66 F. App'x 300 (King v. City of Philadelphia) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
King v. City of Philadelphia, 66 F. App'x 300 (3d Cir. 2003).

Opinion

OPINION OF THE COURT

ALARCÓN, Circuit Judge.

Richard A. King, Jr. appeals from the order granting summary judgment in favor of the City of Philadelphia (the “City”) and the dismissal of his statutory claims under Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000e to 2000e-17 (1981 & Supp. 1994) (“Title VII”), and his constitutional causes of action under 42 U.S.C. § 1983 for alleged violations of his First and Fifth amendment rights, as applicable to the City under the Fourteenth amendment. King contends that he presented sufficient evidence to demonstrate that he was disciplined and ultimately terminated from his employment because he is African-American. We affirm because we conclude that the district court did not err in granting summary judgment.

I

Inasmuch as the parties are familiar with the factual and procedural background of this ease, we refer only to those facts as are pertinent to the issue under consideration. In December 1996, Officer Woltemate and another officer called King a “nigger.” King immediately contacted the EEO Officer of Philadelphia Police Department and filed a discrimination complaint regarding the incident with the EEOC on August 8, 1997 and with the EEO Officer on October 20, 1997. After his first contact with the EEO Officer, he was suspended on three occasions. King’s employment was terminated on April 2, 1998 following his arrest for allegedly making a false report that his pistol was stolen during the burglary of his home and for obstructing justice.

[303]*303The City presented evidence in support of its motion for summary judgment regarding the bases for each suspension. The first suspension, ordered on May 22, 1997, was allegedly for insubordination, neglect of duty and disobedience to orders, because of King’s failure to report to work, late arrival, and a failed sick check. The second suspension, ordered January 29, 1998, was allegedly for conduct unbecoming an officer and was ordered because the police department was notified that King had been involved in an off-duty automobile accident where he identified himself as a police officer, asked the other driver not report the accident, agreed to pay any damages and then refused to reimburse the other driver. The third suspension, ordered March 18, 1998, was allegedly for insubordination and neglect of duty because King was denied the use of sick time by a superior officer and then resubmitted the request to a lower ranking officer without informing that officer about the previous denial.

The City also offered evidence to demonstrate that it has a policy of terminating the employment of any officer who is arrested, whether or not he or she is ultimately convicted.

II

King contends that he submitted evidence that he was subjected to a hostile work environment because he is African-American and that he was suspended and ultimately terminated from his employment because of his race and his complaint of racial discrimination. He asserts that he has demonstrated that reasons proffered by the City to justify the suspensions and the termination of his employment are pretextual and were retaliatory because he complained of racial discrimination. We exercise plenary review of the district court’s grant of summary judgment and assume that facts asserted by the nonmoving party are true, where supported by affidavits or other evidentiary material. Simpson v. Kay Jewelers, 142 F.3d 639, 643 (3rd Cir.1998).

If a plaintiff presents sufficient evidence to establish a prima facie case of a violation of Title VII, the burden of production shifts to the employer to offer a legitimate, non-discriminatory reason for its personnel action. Fuentes v. Perskie, 32 F.3d 759, 763 (3rd Cir.1994). “Once the employer answers its relatively light burden by articulating a legitimate reason for the unfavorable employment decision, the burden of production rebounds to the plaintiff, who must now show by a preponderance of the evidence that the employer’s explanation is pretextual (thus meeting the plaintiffs burden of persuasion).” Id. To avoid summary judgment, the plaintiffs evidence of pretext must either meaningfully discredit each of the employer’s proffered non-discriminatory reasons or show, by a preponderance of the evidence, that discrimination was a motivating or determinative reason for the employer’s acts. Id. at 764.

The parties do not dispute that King has established a prima facie case of racial discrimination. In arguing that his arrest was a pretext to terminate him for racially discriminatory reasons, King claims that the arrest was “malicious.” The City presented evidence that eight-five officers have been terminated after they were arrested pursuant to the City’s policy. King offers no evidence regarding the termination of employment of these officers. Instead, King presented evidence that the police failed to investigate one potential witness to the alleged burglary and did not notify him that his pistol was found two days before the Internal Affairs Division (“IAD”) concluded its investigation. This evidence does not demonstrate [304]*304that the City’s reason for terminating King were pretextual. King’s pistol was found after he was arrested. King has failed to demonstrate that he would not have been terminated had the IAD promptly notified him of the discovery.

The City produced evidence that none of the officers who investigated the alleged burglary of King’s home had any knowledge of his discrimination complaints. King has offered no evidence to the contrary. His claim that the investigating officers must have known about his complaint is sheer speculation.

Lieutenant Brad Christy’s deposition testimony that King had a “very long history in his short five years on the job” does not demonstrate that the officer was aware of King’s discrimination complaint. Lieutenant Christy stated that King’s disciplinary record was relevant in determining whether King might have falsified the burglary report. Lieutenant Christy asserted that he did not know King had filed a discrimination claim.

William Tarrance testified during King’s post-termination arbitration hearing that an unidentified police detective stated he would see that King “rots in jail.” This hearsay statement does not show that the declarant was aware of King’s discrimination complaints or the basis for his or her animus.

King states that Lieutenant Ludd told Captain Jack Gattens, “this asshole files charges against ... Woltemate. We will fix him. He will never get promoted.” This statement reflects Lieutenant Ludd’s state of mind. It does not demonstrate that Captain Gattens’ participation in the Police Board of Inquiry hearing board’s discipline proceedings was improper because of a bias against King.

King also argues that, in terminating his employment because he was arrested, the City has treated him differently from the manner in which it handled allegations of criminal conduct concerning Captain Brady and Captain DiLacqua of the Philadelphia Police Department.

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Bluebook (online)
66 F. App'x 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-city-of-philadelphia-ca3-2003.