Mallory v. Noble Correctional Institute

45 F. App'x 463
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 3, 2002
DocketNo. 01-3302
StatusPublished
Cited by16 cases

This text of 45 F. App'x 463 (Mallory v. Noble Correctional Institute) 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
Mallory v. Noble Correctional Institute, 45 F. App'x 463 (6th Cir. 2002).

Opinion

OPINION

COLE, Circuit Judge.

Plaintiff-appellant, David R.H. Mallory, an African-American corrections officer, sued his employer, Noble Correctional Institute (“NCI”), and five officers at NCI, Warden Thomas B. Haskins, Major L.R. McCowan, Corrections Officer Christopher Cherne, Sergeant Michael Carter, and Captain Jack Ramey, for five claims relating to racial discrimination in employment. Mallory’s complaint consisted of claims for (1) discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964; (2) violations of 42 U.S.C. § 1981 rights to contract; (3) violations of the Equal Protection Clause as actionable under 42 U.S.C. § 1983; (4) conspiracy to violate civil rights under 42 U.S.C. § 1985; and (5) abuse of process and malicious prosecution. After filing the complaint, Mallory’s lawyer conducted minimal discovery for over sixteen months. It was not until after the discovery deadline had passed, however, that Mallory’s lawyer moved to extend it. The district court denied that motion. Appellees then moved for summary judgment on all counts. Mallory opposed that motion and moved for additional discovery under Rule 56(f). The district court denied Mallory’s Rule 56(f) motion, but granted summary judgment to appellees. Mallory appeals the district court’s denial of his motions for discovery and the grant of summary judgment to appellees. For the reasons that follow, we AFFIRM the district court’s orders and judgment.

I.

Mallory, an African-American corrections officer, worked for the Ohio Department of Corrections beginning in 1987. Mallory began work at NCI in August of 1996, approximately a week after he had been promoted to lieutenant. Mallory believed that many of his co-workers at NCI did not like him due to his race.

On December 22, 1996, Mallory’s employment at NCI took a turn for the worse. That morning, an irate inmate, Irvin, began verbally abusing Mallory in Mallory’s office. According to the testimony of two eye-witnesses, Sergeant Michael Carter and Corrections Officer Christopher Cherne, Mallory threw Irvin backwards into a photocopying machine and beat him six times with his forearms and fists. Mallory has consistently denied that he used any force against Irvin and instead claims that the other officers conspired to make a case against him. A nurse investigated Irvin an hour and a half after the incident and did not report any signs of the use of force on Irvin’s body. In fact, when questioned about whether force was used on him, Irvin responded “I’m fine[,] why are you asking?”

Nevertheless, news of the Mallory-Irvin incident quickly spread through the NCI chain of command. Shortly after the incident, Carter and Cherne told Captain Jack Ramey, who in turn called Major L.R. McCowan at home to relay the news. The next morning, McCowan met with Mallory to discuss the reported use of excessive force. McCowan claims that Mallory admitted to bumping Irvin with his chest and striking Irvin one time. Later that day, Warden Haskins called a meeting with Mallory and several NCI officials, including McCowan and NCI labor relations officer, David Lynch. At the close of that [466]*466meeting, Haskins placed Mallory on administrative leave without pay.

NCI’s investigation of the Irvin incident continued while Mallory was on administrative leave. In an initial interview with Lynch, Irvin reported that Mallory did not strike him and that the closest they had come to each other was three feet. But, in a second interview with Haskins, Irvin reportedly admitted that Mallory had struck him. Based on that information, Haskins directed that Irvin’s prior statement not be included in the record for the pre-diseiplin-ary proceeding. In addition, on January 10, 1997, Haskins filed a criminal assault complaint against Mallory for his reported use of excessive force on Irvin.

On February 18, 1997, NCI held a pre-disciplinary proceeding for Mallory. The hearing officer concluded that Mallory used excessive force and failed to report a violation of a work rule (the use of excessive force). As a result, Mallory was terminated, effective February 27,1997.

Mallory responded to his termination in two ways. First, he filed a complaint with the Equal Employment Opportunity Commission on May 28, 1997. In that complaint, Mallory claimed that appellees racially discriminated against him and falsely accused him of using excessive force. Second, Mallory appealed his termination to the State Personnel Board of Review (the “SPBR”). As part of its review process, the SPBR assigned an administrative law judge (“ALJ”) to conduct an evidentiary hearing on August 8, 1997. The ALJ issued a report on October 20, 1997, which concluded that while Mallory did not use excessive force, he did use some amount of force on Irvin. As a result, the ALJ recommended that Mallory be demoted to the position of corrections officer and receive a three-month suspension, with reinstatement effective June 1, 1997. The SPBR accepted the ALJ’s recommendations and then punished Mallory accordingly. Based on the SBPR’s decision, Mallory returned to work on December 15,1997.

Mallory claims that upon his return, he was racially discriminated against and/or retaliated against for filing the EEOC charge. Mallory articulated several instances of racial discrimination and/or retaliation: (1) he was unnecessarily required to re-attend training academy; (2) he was needlessly forced to complete three to four weeks of on-the-job training; (3) Haskins did not file the reinstatement order immediately, nor did he remove the termination order immediately after Mallory was reinstated; (4) Mallory was not permitted to return to his position as an unarmed self-defense instructor; (5) NCI investigated whether Mallory had abused the sick leave policy; and (6) NCI systematically denied Mallory every transfer or promotion for which he applied. As a result of this perceived discrimination and/or retaliation, Mallory filed another EEOC charge on November 9, 1998. On April 9, 1999, Mallory received a right-to-sue letter for that (his second) EEOC charge. Using the right-to-sue letter as a basis for suit, Mallory filed a complaint against appellees in federal district court on July 8,1999.

After filing the federal complaint, Mallory’s attorney took minimal pretrial action. At a November 23, 1999, preliminary pretrial conference, the magistrate judge directed the parties to begin taking depositions no later than April 15, 2000 to meet the December 2000 trial date. Without altering the magistrate judge’s directive, the district court, on April 4, 2000, rescheduled the trial date for March 2001. Regardless, neither party took any depositions by the April 15 deposition commencement date. On July 17, 2000, the parties submitted a joint, written status report with a September 29, 2000 non-expert dis[467]*467covery deadline. On September 22, 2000, the magistrate judge entered a scheduling order, which confirmed that all non-expert discovery had to be completed on or before September 29. Although appellees’ counsel deposed Mallory before the cutoff, Mallory’s lawyer served only one set of interrogatories and document requests on appellees before the deadline.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Poweleit v. DeJoy
S.D. Ohio, 2023
Crayton v. PharMEDium Services, LLC
213 F. Supp. 3d 963 (W.D. Tennessee, 2016)
Bertha Steele v. City of Cleveland
375 F. App'x 536 (Sixth Circuit, 2010)
Teresa Batuyong v. Secretary of Department of Defense
337 F. App'x 451 (Sixth Circuit, 2009)
Mickey v. Zeidler Tool & Die
Sixth Circuit, 2008
Mickey v. Zeidler Tool and Die Co.
516 F.3d 516 (Sixth Circuit, 2008)
Lentz v. City of Cleveland
410 F. Supp. 2d 673 (N.D. Ohio, 2006)
Walcott v. City of Cleveland
123 F. App'x 171 (Sixth Circuit, 2005)
Precision, Inc. v. Kenco/Williams, Inc.
66 F. App'x 1 (Sixth Circuit, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
45 F. App'x 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mallory-v-noble-correctional-institute-ca6-2002.