Lindsay v. Pizza Hut of America

57 F. App'x 648
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 29, 2003
DocketNos. 02-5525, 02-5618
StatusPublished
Cited by3 cases

This text of 57 F. App'x 648 (Lindsay v. Pizza Hut of America) 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
Lindsay v. Pizza Hut of America, 57 F. App'x 648 (6th Cir. 2003).

Opinion

ORDER

Tre’bion William McCorvey Lindsay, proceeding without benefit of counsel, appeals a district court judgment dismissing his employment discrimination action brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., and 42 U.S.C. § 1981 (Case No. 02-5525). Pizza Hut of America and Tricon, Inc. (collectively “Pizza Hut”) cross-appeal a district court judgment denying their motion for sanctions filed pursuant to Rule 11, Fed. R. Civ. P (Case No. 02-5618). These cases have been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).

[649]*649Seeking monetary damages and injunc-tive relief, Lindsay claimed that Pizza Hut — or its agents — discriminated against him on the basis of his race, skin color, and gender. He also claimed that Pizza Hut created a hostile workplace, constructively discharged him, and retaliated against him. Pizza Hut moved the district court for summary judgment and for Rule 11 sanctions against Lindsay.

The magistrate judge determined that Lindsay’s claims were “absolutely devoid of any factual allegations to support a claim of discrimination based on the plaintiffs race, the color of his skin, his gender, or anything else for that matter.” Accordingly, the magistrate judge recommended that summary judgment be granted to the defendants and that Lindsay be required to pay the defendants’ reasonable costs of litigation, including attorney’s fees. The district court granted Pizza Hut’s motion for summary judgment but denied the motion for Rule 11 sanctions. The parties appeal.

In his timely appeal, Lindsay appears to reassert the claims set forth in the district court. Lindsay also spends a significant amount of time in his brief complaining about the discovery process. We grant Lindsay in forma pauperis status solely for the purposes of this appeal. Pizza Hut argues on cross-appeal that the district court’s decision to deny Rule 11 sanctions was based on an erroneous review of the law.

Case Number 02-5525

This court reviews de novo a grant of summary judgment. Brooks v. Am. Broad. Co., 999 F.2d 167, 174 (6th Cir. 1993). When reviewing a motion for summary judgment, we must draw all justifiable inferences in the light most favorable to the non-moving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Christian v. Belcher, 888 F.2d 410, 413 (6th Cir.1989). The moving party has the burden of showing the absence of genuine factual disputes from which a reasonable jury could return a verdict for the plaintiff. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In considering whether summary judgment is appropriate, this court must “look beyond the pleadings and assess the proof to determine whether there is a genuine need for trial.” Sowards v. Loudon County, 203 F.3d 426, 431 (6th Cir.), cert. denied, 531 U.S. 875, 121 S.Ct. 179, 148 L.Ed.2d 123 (2000).

The district court properly granted summary judgment to defendant on Lindsay’s retaliation claim. Title VII prohibits an employer from retaliating against an employee who has opposed any practice by an employer made unlawful under Title VII. It also prohibits retaliation against an employee who has participated in any manner in an investigation under Title VII. 42 U.S.C. § 2000e-3(a); Johnson v. Univ. of Cincinnati, 215 F.3d 561, 578 (6th Cir.), cert. denied, 531 U.S. 1052, 121 S.Ct. 657, 148 L.Ed.2d 560 (2000).

In Morris v. Oldham County Fiscal Court, 201 F.3d 784 (6th Cir.2000), this court modified the standard required to prove a claim of retaliation. A plaintiff must now prove that: (1) he engaged in activity protected by Title VII; (2) this exercise of protected rights was known to defendant; (3) defendant thereafter took adverse employment action against the plaintiff, or the plaintiff was subjected to severe or pervasive retaliatory harassment by a supervisor; and (4) there was a causal connection between the protected activity and the adverse employment action or harassment. Id. at 792 (citing Canitia v. Yellow Freight Sys., Inc., 903 F.2d 1064, [650]*6501066 (6th Cir.1990) (outlining the previous standard for prima facie case of retaliation under Title VII)). Once the plaintiff establishes a prima facie case, the burden of production of evidence shifts to the employer to articulate some legitimate, nondiscriminatory reason for its actions. Id. at 792-93 (quoting McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973)). The plaintiff then must demonstrate that the proffered reason was not the true reason for the employment decision. Id. at 793, 93 S.Ct. 1817 (quoting Texas Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 256, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981)). The plaintiff bears the burden of persuasion throughout the entire process. Id.

In the immediate case, the record is devoid of any indication whatsoever that Lindsay suffered any adverse effect on the terms, benefits, or conditions of his employment. Thus, Lindsay did not make a prima facie case of employment discrimination because he failed to allege an adverse employment action. See Munday v. Waste Mgmt. of N. Am., Inc., 126 F.3d 239, 243 (4th Cir.1997).

The district court properly granted summary judgment to defendant with respect to Lindsay’s hostile work environment claim. In order to establish a hostile work environment claim, an employee must show the following: (1) the employee is a member of a protected class, (2) the employee was subject to unwelcomed retaliatory harassment, (3) the harassment was based on the employee’s protected activity, (4) the harassment created a hostile work environment, and (5) the employer failed to take reasonable care to prevent and correct any harassing behavior. Williams v. Gen. Motors Corp.,

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Related

Lindsay v. Pizza Hut of America, Tricon Inc.
84 F. App'x 582 (Sixth Circuit, 2003)
Lindsay v. Pizza Hut of America, Inc.
540 U.S. 972 (Supreme Court, 2003)
Broska v. Henderson
70 F. App'x 262 (Sixth Circuit, 2003)

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57 F. App'x 648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindsay-v-pizza-hut-of-america-ca6-2003.