Mildred Fitzpatrick v. Pontotoc County, Mis

612 F. App'x 770
CourtCourt of Appeals for the Fifth Circuit
DecidedJuly 16, 2015
Docket14-60629
StatusUnpublished
Cited by5 cases

This text of 612 F. App'x 770 (Mildred Fitzpatrick v. Pontotoc County, Mis) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mildred Fitzpatrick v. Pontotoc County, Mis, 612 F. App'x 770 (5th Cir. 2015).

Opinion

PER CURIAM: *

Plaintiffs-Appellants Mildred Fitzpatrick and Martha Foster appeal the district court’s grant of summary judgment in favor of Defendant-Appellee Pontotoc County, Mississippi, on their federal age discrimination claims. For the following reasons, we REVERSE and REMAND.

I.

Gary Moorman was elected Chancery Clerk for Pontotoc County, Mississippi, and began his term of office in January 2012. At that time, there were five deputy clerks working in the Circuit Clerk’s office: Mildred Fitzpatrick, Martha Foster, Anita Tutor, Carla Purdon, and Camille “Cami” Lipsey. During his campaign, Moorman had stated that he planned on keeping all five deputy clerks were he to take office.

After he took office, however, Moorman claims that he began to encounter problems with the staff. He purports that his primary concerns were unsupportiveness and what he terms “disloyalty,” but he also claims he was concerned with excessive use of office computers for personal purposes, rude customer service, and tardiness. Moorman also encountered a specific problem with Cami Lipsey.

On the morning of September 5, 2012, Moorman received a call from the court administrator’s office, informing Moorman that the clerk’s office had not disposed of a court case dating from July 2011. Lipsey was responsible for dealing with matters related to the courts. Moorman claims that when he went to speak with Lipsey about the call, he noticed that there were ■numerous other cases of which she had not disposed. Upset, Moorman called Lipsey into his office to discuss her failure to handle the cases.

Fitzpatrick entered Moorman’s office after he. had spoken with Lipsey. Moorman told Fitzpatrick that he had concerns with Lipsey’s performance and that he was considering firing her. He asked Fitzpatrick whether she thought that Lipsey was able to do her job, and Fitzpatrick responded that she could. After discussing Lipsey, *772 Moorman asked Fitzpatrick why she did not retire. Fitzpatrick told Moorman that she had done a pre-application and that she could not live on the pension that she would draw. Fitzpatrick mentioned that one of her major concerns was health insurance.

Moorman testified that, at the end of the day on September 5, he spoke to the entire staff about some of his concerns with their performance. Moorman purportedly told the staff that he was going to put in a time clock because of tardiness, that he was going to have all computer games removed from the office computers, that he wanted them to stop using their phones to access social media websites, and that he wanted “all the gossiping” to stop.

Moorman came in the next day and, before Fitzpatrick had arrived for work, told Foster that he had worked up a retirement package for Fitzpatrick, Foster, and Tutor. 1 Foster told Moorman that she did not want to retire and did not want a retirement package. When Fitzpatrick arrived, Moorman explained to her that he and his wife had drawn up a plan for Fitzpatrick, Foster, and Tutor to retire. Moorman told her that she could retire, but continue to do payroll work part-time (thereby maintaining her health insurance coverage). Fitzpatrick became very upset and told Moorman that she did not want to retire and could not afford to retire, and she began crying. 2 Fitzpatrick’s husband came in and spoke to Moorman, and Moor-man agreed to let the retirement plan drop and carry on as before. Fitzpatrick claims that she was so upset, her blood pressure spiked and she went to the hospital.

That weekend, Moorman claims he was told by Lisa Baggett that Foster had remarked to another member of the community that Moorman was not a man of his word and that he was incompetent. That Sunday, Moorman drew up a document listing his concerns with the staffs performance. The document included a space for each deputy clerk to sign, indicating her acceptance of its terms. Moorman claims that he intended to meet with the deputy clerks on Monday morning and present them with the changes he wanted made. He testified that he eventually decided it would be futile to do so because he could not trust them.

On Monday morning, Moorman met with all of the members of the county board of supervisors, discussed the problems with his staff, and sought approval to terminate the deputy clerks (though his mind was still, apparently, not made up). Later Monday morning, Moorman met with all of the deputy clerks present that day — Fitzpatrick was still out sick on the orders of her physician — and fired them all. At the time of their firing, the ages of the deputy clerks, with the approximate number of years each worked for the chancery clerk’s office in parentheses, were as follows:

(1) Fitzpatrick — 51 years old (35 years)
(2) Tutor — 59 years old (18 years)
*773 (3) Foster — 64 years old (10 years)
(4) Lipsey — 43 years old (16 years)
(5) Purdon — 39 years old (5 years)

Fitzpatrick was replaced by Maggie Patrick, who was twenty-nine years old at the time she was hired. Foster was replaced by Cathy Purdon, who was forty-four years old at the time she was hired. The remaining new-hires were aged forty-eight, forty-seven, and thirty-eight years.

Fitzpatrick and Foster then filed suit against Pontotoc County in the United States District Court for the Northern District of Mississippi, alleging unlawful age discrimination in violation of the Age Discrimination in Employment Act (“ADEA”). The district court granted summary judgment in favor of Pontotoc County. Appellants timely appealed.

II.

A district court’s grant of summary judgment is reviewed de novo, “construing all facts and evidence in the light most favorable to the non-moving party.” Amerisure Mut. Ins. Co. v. Arch Specialty Ins. Co., 784 F.3d 270, 273 (5th Cir.2015). Summary judgment is appropriate 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.CivP. 56(a). In deciding a motion for summary judgment, “[t]he Court must ‘draw all reasonable inferences in favor of the nonmoving party’ and ‘refrain from making credibility determinations or weighing the evidence.’” Celtic Marine Corp. v. James C. Justice Cos., 760 F.3d 477, 481 (5th Cir.2014) (quoting Turner v. Baylor Richardson Med. Ctr., 476 F.3d 337, 343 (5th Cir.2007)). That said, “[a] party cannot ‘defeat summary judgment with conclusory allegations, unsubstantiated assertions, or “only a scintilla of evidence.” ’ ” Id. (quoting Turner, 476 F.3d at 343).

III.

“The ADEA broadly prohibits arbitrary discrimination in the workplace based on age.”

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