McKinnish v. Donahoe

40 F. Supp. 3d 689, 2014 WL 4053519, 2014 U.S. Dist. LEXIS 113617
CourtDistrict Court, W.D. North Carolina
DecidedAugust 15, 2014
DocketNo. 1:13-cv-00087-MOC-DLH
StatusPublished
Cited by3 cases

This text of 40 F. Supp. 3d 689 (McKinnish v. Donahoe) is published on Counsel Stack Legal Research, covering District Court, W.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McKinnish v. Donahoe, 40 F. Supp. 3d 689, 2014 WL 4053519, 2014 U.S. Dist. LEXIS 113617 (W.D.N.C. 2014).

Opinion

MEMORANDUM OF DECISION And ORDER

MAX O. COGBURN JR., District Judge.

THIS MATTER is before the court on defendant’s Motion for Summary Judgment. The motion has been thoroughly briefed and oral arguments were heard August 10, 2014. For the reasons that follow and for the reasons set forth in the defendant’s brief in support and reply brief, summary judgment will be granted and this case dismissed.

[692]*692FINDINGS and CONCLUSIONS

I. Background

At all times relevant to this action, plaintiff' was a fill-in mail carrier' employed by the United States Postal Service at its West Asheville station. Plaintiff contends that her route supervisor, David Duncan (“Duncan”), sexually harassed her by forcing her to engage in an exchange of sexually explicit text messages and pictures for 10 months in 2010. Plaintiff never brought such conduct to the attention of Duncan’s supervisor, who was present at the West Asheville station, or otherwise availed herself of the postal services’ written sexual harassment procedures. The inappropriate conduct only ended—and ended immediately—when plaintiffs husband discovered the texts and brought them to the attention of the local postmaster. After the postal service investigated the allegations, Duncan’s employment was terminated by the postmaster in little more than two months; however, Duncan ultimately received a lesser punishment when he appealed the termination to the Merit System Protection Board, which downgraded his position, assigned him to another location, and placed him on probation.

Defendant has moved for summary judgment contending that plaintiffs failure to report the harassment was unreasonable; that Duncan does not qualify as a “supervisor” under current law; and that because defendant had in place an effective anti-harassment policy, it is entitled to dismissal in accordance with its affirmative defense. Plaintiff contends that summary judgment is not appropriate because she failed to report the conduct based on fear of retaliation; that Duncan was a supervisor as he controlled her work hours and routes; and that defendant is not entitled to avail itself of its affirmative defense under Faragher, infra, as the anti-discrimination policy was not effective.

II. Summary Judgment Standard

Rule 56 was amended to give parties a “roadmap” for seeking and responding to a request for summary judgment. Rule 56(a), Federal Rules of Civil Procedure, provides:

A party may move for summary judgment, identifying each claim or defense—or the part of each claim or defense—on which summary judgment is sought. The court shall grant summary judgment 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. The court should state on the record the reasons for granting or denying the motion.

Fed.R.Civ.P. 56(a). The rule goes on to provide procedures for a party to use in responding to a Motion for Summary Judgment:

(c) Procedures.
(1) Supporting Factual Positions. A party asserting that a fact cannot be or is genuinely disputed must support the assertion by:
(A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or
(B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.
(2) Objection That a Fact Is Not Supported by Admissible Evidence. A party may object that the material cited to support or dispute a fact can[693]*693not be presented in a form that would be admissible in evidence.
(3) Materials Not Cited. The court need consider only the cited materials, but it may consider other materials in the record.
(4) Affidavits or Declarations. An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.

Fed.R.Civ.P. 56(c). On a motion for summary judgment, the moving party has the burden of production to show that there are no genuine issues for trial. Upon the moving party’s meeting that burden, the non-moving party has the burden of persuasion to establish that there is a genuine issue for trial.

When the moving party has carried its burden under Rule 56(c), its opponent must do more than simply show that there is some metaphysical doubt as to the material facts. In the language of the Rule, the nonmoving [sic] party must come forward with “specific facts showing that there is a genuine issue for trial.” Where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, there is no “genuine issue for trial.”

Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (citations omitted; emphasis in the original) (quoting Fed.R.Civ.P. 56). There must be more than just a factual dispute; the fact in question must be material and readily identifiable by the substantive law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

By reviewing substantive law, the court may determine what matters constitute material facts. Anderson, supra. “Only disputes over facts that might affect the outcome of the suit under governing law will properly preclude the entry of summary judgment.” Id. at 248, 106 S.Ct. 2505. A dispute about a material fact is “genuine” only if the evidence is such that “a reasonable jury could return a verdict for the nonmoving party.” Id. The court must credit factual disputes in favor of the party resisting summary judgment and draw inferences favorable to that party if the inferences are reasonable, however improbable they may seem. Cole v. Cole, 633 F.2d 1083, 1092 (4th Cir.1980). Affidavits filed in support of a Motion for Summary Judgment are to be used to determine whether issues of fact exist, not to decide the issues themselves. United States ex rel. Jones v. Rundle, 453 F.2d 147 (3d Cir.1971).

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40 F. Supp. 3d 689, 2014 WL 4053519, 2014 U.S. Dist. LEXIS 113617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckinnish-v-donahoe-ncwd-2014.