Moore v. Treatment Centers of America Group, LLC

972 F. Supp. 2d 1359, 2013 WL 5229979, 2013 U.S. Dist. LEXIS 131703
CourtDistrict Court, M.D. Georgia
DecidedSeptember 16, 2013
DocketCivil Action No. 7:12-CV-22 (HL)
StatusPublished
Cited by1 cases

This text of 972 F. Supp. 2d 1359 (Moore v. Treatment Centers of America Group, LLC) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moore v. Treatment Centers of America Group, LLC, 972 F. Supp. 2d 1359, 2013 WL 5229979, 2013 U.S. Dist. LEXIS 131703 (M.D. Ga. 2013).

Opinion

ORDER

HUGH LAWSON, Senior District Judge.

This case is before the Court on Defendants’ Second Motion for Summary Judgment (Doc. 33). Plaintiff has filed a response, and Defendants have filed a reply. After careful consideration of the arguments contained in the parties’ briefs, the relevant law, and the record as a whole, the Court grants the motion.

I. SUMMARY JUDGMENT STANDARD

Federal Rule of Civil Procedure 56 requires that summary judgment be granted “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.Civ.P. 56(a). “The moving party bears ‘the initial responsibility of informing the ... court of the basis for its motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact.’ ” Hickson Corp. v. N. Crossarm Co., 357 F.3d 1256, 1259 (11th Cir.2004) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (internal quotations omitted)). Where the moving party makes such a showing, the burden shifts to the non-movant, who must go beyond the pleadings and present affirmative evidence to show that a genuine issue of material fact does exist. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 257, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

The applicable substantive law identifies which facts are material. Id. at 248, 106 S.Ct. 2505. A fact is not material if a dispute over that fact will not affect the outcome of the suit under the governing law. Id. An issue is genuine when the evidence is such that a reasonable jury could return a verdict for the non-moving party. Id. at 249-50.

In resolving a motion for summary judgment, the court must view all evidence and draw all reasonable inferences in the light most favorable to the non-moving party, Patton v. Triad Guar. Ins. Corp., 277 F.3d 1294, 1296 (11th Cir.2002), but the court is bound only to draw those inferences which are reasonable. “Where the record taken as a whole could not lead a rational trier of [1361]*1361fact to find for the non-moving party, there is no genuine issue for trial.” Allen v. Tyson Foods, Inc., 121 F.3d 642, 646 (11th Cir.1997) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)). “If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted.” Anderson, 477 U.S. at 249-50, 106 S.Ct. at 2511 (internal citations omitted).

II. FACTUAL AND PROCEDURAL BACKGROUND1

On or about December 20, 2010, Plaintiff was hired as a substance abuse counselor at Treatment Center of Valdosta. (DSOMF at ¶ l).2 At all times relevant to Plaintiffs complaint, Akisha Fedd was Treatment Center of Valdosta’s clinical director. (DSOMF at ¶ 6). Akisha Fedd participated in hiring Plaintiff as a substance abuse counselor. (DSOMF at ¶ 8).

One of Akisha Fedd’s responsibilities at the clinic was conducting orientation for new employees. During her orientation, Plaintiff signed a number of documents but did not read any of the materials at that time. (Deposition of Tonyia Wilson Moore, p. 87). Even though Plaintiff acknowledged in writing receiving certain materials, including an employee handbook, Plaintiff did not actually receive a copy of the handbook until after her employment was terminated. (Moore Dep. at 86).3

Akisha Fedd, along with other clinic employees, trained Plaintiff for her new position. (Moore Dep. at 24). Ml new substance abuse counselors, including Plaintiff, had to complete a 90-day probationary period. (DSOMF at ¶ 5). Akisha Fedd supervised Plaintiff during her probationary period, which meant Plaintiff had to turn in all of her completed work to Akisha Fedd for review. (DSOMF at ¶ 11; Deposition of Akisha Fedd, p. 47). Akisha Fedd reviewed Plaintiffs work and made corrections as necessary. (Fedd Dep. at 47-48).

On January 20, 2011, Akisha Fedd tickled Plaintiff in the abdomen area while Plaintiff was sitting at her desk. (Moore Dep. at 56). The touching was done without Plaintiffs permission or consent. (Moore Dep. at 63-64). Akisha Fedd did not say anything to Plaintiff when she touched her. (DSOMF at ¶22). Akisha Fedd’s actions, which Plaintiff considered to be sexually inappropriate behavior, made Plaintiff uncomfortable. (Moore Dep. at 63-64, 66-67).

Plaintiff contacted Yolanda Fedd, the clinical director and Akisha Fedd’s sister-in-law, that same day and told Yolanda [1362]*1362Fedd that Akisha Fedd had tickled her.4 Plaintiff told Yolanda Fedd that Akisha Fedd’s conduct made her feel uncomfortable. (DSOMF at ¶ 25). Plaintiff did not make a written complaint about the incident and did not speak directly to Akisha Fedd about the incident. (DSOMF at ¶ 26).

On February 25, 2011, Plaintiff was standing in a doorway at the clinic waiting on a patient. Akisha Fedd walked up behind Plaintiff and rubbed down Plaintiffs body with her hand from Plaintiffs waist to her hip. (Moore Dep. at 81).5 Akisha Fedd again said nothing when this happened, and Plaintiff said nothing to Akisha Fedd either. (Moore Dep. at 83). Plaintiff reported the incident to Yolanda Fedd (Moore Dep. at 84), but did not submit a written complaint. (DSOMF at ¶ 29).

The February 25 incident happened on a Friday. The following Monday, February 28, Akisha Fedd and Yolanda Fedd had a closed door meeting that lasted for an hour. (Affidavit of Tonyia Wilson Moore, ¶ 3). Such a meeting was an unusual occurrence in the office. (Moore Aff. at ¶ 3). Akisha Fedd did not talk to Plaintiff for the remainder of the week, which was also unusual. (Moore Aff. at ¶ 4). Plaintiff, however, has no personal knowledge as to whether Yolanda Fedd ever discussed Plaintiffs complaints with Akisha Fedd. (Moore Dep. at 91).

Other than the 90-day evaluation discussed below, Plaintiff did not receive any formal work evaluations during her time at the clinic. The only documents in the record reflecting Plaintiffs work are checklists that were reviewed by Akisha Fedd and returned to Plaintiff. (Fedd Dep. at 67-68). For instance, Akisha Fedd returned a 90-day treatment plan checklist dated January 21, 2011 to Plaintiff on which Akisha Fedd drew a smiley face and noted “Any questions — see Yolanda.” (Fedd Dep. at Ex. IB).

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

Related

Madrid v. Homeland Security Solutions Inc.
141 F. Supp. 3d 1351 (M.D. Georgia, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
972 F. Supp. 2d 1359, 2013 WL 5229979, 2013 U.S. Dist. LEXIS 131703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-treatment-centers-of-america-group-llc-gamd-2013.