Morse v. Illinois Department of Corrections

191 F. Supp. 3d 848, 2015 WL 6153449, 2015 U.S. Dist. LEXIS 141580, 99 Empl. Prac. Dec. (CCH) 45,425, 128 Fair Empl. Prac. Cas. (BNA) 339
CourtDistrict Court, N.D. Illinois
DecidedOctober 16, 2015
DocketNo. 12 C 10263
StatusPublished
Cited by5 cases

This text of 191 F. Supp. 3d 848 (Morse v. Illinois Department of Corrections) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Morse v. Illinois Department of Corrections, 191 F. Supp. 3d 848, 2015 WL 6153449, 2015 U.S. Dist. LEXIS 141580, 99 Empl. Prac. Dec. (CCH) 45,425, 128 Fair Empl. Prac. Cas. (BNA) 339 (N.D. Ill. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

ELAINE E. BUCKLO, United States District Judge

Loretta Morse (“Morse”), a former dental assistant at Stateville prison, contends that the Illinois Department of Corrections (“IDOC”) discriminated, and retaliated against her in violation of the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq. For the reasons stated below, I deny IDOC’s motion, for summary judgment on Morse’s claims.

I. Background

At the summary judgment stage, I must view the evidence in the light most favorable to Morse and draw all “justifiable inferences” in her favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

Morse began her career with IDOC in 1993. See Dkt. No. 58'(“PL’s L.R. 56.1 Resp.”) at ¶3. At all relevant times, Morse was a dental assistant at Stateville Correctional Center (“Stateville”) and the physically adjacent Northern Reception and Classification Center (“NRC”). Id. at ¶¶ 1, 4.

The key figures in Morse’s case include Marcus Hardy, the Warden of Stateville from December 2009 to December 2012; Pátrick Keane, the Assistant Warden of Programs for the NRC from May 2011 to February 2012; Diane Wysocki, the Human Resources Representative at State-ville since 2002; Vickie Fair and Leslie McCarty, two employees in the Office of Affirmative Action; Royce Brown-Reed, the Healthcare Unit Administrator; and Ralph Portwood, the president of Morse’s union. Id. at ¶¶ 6, 9, 15, 17-18, 26, 29. Morse’s direct supervisor was Dr. Jacqueline Mitchell (“Dr.Mitchell”), IDOC’s lead dentist at Stateville. Id. at ¶¶ 12-13. Morse also worked under the supervision of two contract dentists, Dr. Brooks and Dr. Thomas, employed by Wexford Health Sources, Inc. Id. at ¶¶ 11,13,19,22.

[852]*852A. Morse’s conflicts with Dr. Mitchell

On October 14, 2009, Morse filed a grievance alleging that Dr. Mitchell had called her “old and slow” and praiséd another dental assistant, Chris Luce, as “younger and faster.” Id. at ¶ 20. Warden Hardy referred Morse’s grievance to Internal Affairs for investigation. Id. IDOC and the union purported to resolve Morse’s grievance in February 2010 by agreeing to follow the collective bargaining agreement provision concerning alleged harassment. Id. at ¶ 21.

Morse had another dispute with Dr. Mitchell about three to four months after the “old and slow” comment.. In .January 2010, Morse filed a grievance alleging that Dr. Mitchell had asked Ken Osborne, the Assistant Warden of Programs, to block Morse from taking a pre-approved holiday vacation. Id. at ¶23. Morse won the grievance, but says that it came at the cost of: antagonizing Assistant Warden Osborne, who subjected her to greater scrutiny and threatened to fire her for her next mistake. Id. at ¶ 24.

Consistent with her fear of retaliation, Morse filed an Incident Report on March 18, 2010, in which she accused Assistant Warden Osborne and Dr. Mitchell of attempting to “sabotage” her performance review. Id. at ¶ 27; see also Pl.’s Dep. at Ex. 12. Assistant Warden Osborne allegedly instructed Royce Brown-Reed (“Brówn-Reed”), the Healthcare Administrator, to downgrade Morse’s performance review to say that she needed to show improvement in getting along with coworkers. Id. Brown-Reed refused, but speculated to Morse that Dr. Mitchell would probably “do the dirty work.” Id. On Morse’s final performance review for 2009, Brown-Read made a note that says: “Advised by Warden Osborne to talk to peers that state Ms. Morse does not promote a cordial work climate—does not promote harmony needs improvement in this area.” Pl.’s L.R. 56.1 Stat. at ¶ 25. '

B. Morse’s suspension

The events that led to Morse’s suspension from IDOC started on August 23, 2011 when she overheard Dr. Brooks tell a desk sergeant that.IDOC had authorized Wexford to hire two new dental assistants to work at Stateville and the NRC. Id. at ¶ 19.1 About five days after Morse oyer-heard Dr. Brooks make that comment, Wexford hired Alicia Shivers, a woman in her twenties, as a dental assistant. Id. at ¶ 80.

On August 29, 2011, Morse submitted an Incident Report in which she alleged that Ralph Portwood (“Portwood”), the president of her union, has “joined forces” with IDOC management at Stateville and failed to protect her from “harassment, discrimination and disparate [sic] of treatment.” Id. at ¶28 (quoting Pl.’s Dep. Ex. 13). Morse then made broad allegations about the extent to which IDOC was mistreating her:

He [Portwood] also failed to protect me from fraudulent investigation, black balling, phone tapping, identity theft, fraudulent signor and access' to my home and ' property, socery [sic], disparate of [sic] treatment, humiliation, and try to terminate my state job and hire two Wexford [dental assistants].

Id. (quoting Pl.’s Dep. Ex. 13).

On the same day that Morse filed the Incident Report described above, she sub[853]*853mitted a grievance making the same allegations. See Pl.’s Dep. Ex. 15. Morse also argued that the purported-resolution of her October 2009 grievance about Dr. Mitchell’s ageist comment was a “cover up.” Id. Morse complained that IDOC never took corrective action and had left the issue unresolved. Id. According.to Morse, she, continued to be a victim. of discrimination and harassment and was about to be fired. Id.

Two days later, on August 31, 2009, Morse filed an Incident Report with the OAA in which she referenced her ten previously filed grievances—including her age discrimination complaint against Dr. Mitchell—and said that nothing had been resolved. Pl.’s L.R. 56.1 Resp. at ¶ 30 (citing-Pl.’s Dep. Ex.- 14). Morse-claimed that IDOC was “in the process of terminating [her] and [had] already hired two Wexford dental assistants to replace [her].” PL’s Dep. Ex. 14.

The OAA did not respond to Morse’s complaint for almost three weeks. On September 19, 2011, Vickie Fair (“Fair”), the OAA’s Administrator, advised Warden Hardy that Morse had filed a complaint alleging harassment and a plot to fire her. See Warden Hardy Dep. Ex. 6. Fair told Warden Hardy that the OAA would be sending a letter to Morse explaining that her complaint did not fall within that office’s jurisdiction. Id. Warden Hardy responded that he was “not at all sure where [Morse] is coming from” and asked Fair to “direct here [sic], back to the facility.” Id, Fair replied that “the jest [sic] of [Morse’s] complaint is her fear of termination to hire a Wexford employee.” Id. Fair also sent Warden Hardy a copy of OAA’s letter to Morse declining jurisdiction over her complaint. Warden Hardy then instructed Assistant Warden Keane to “[h]ave a talk with [Morse] about Chain of Command and proper protocol. Advise me when complete.” Id.

There is evidence in the record suggesting that Warden Hardy knew perfectly well why Morse was worried about losing her job. According to Morse, Warden Hardy relayed messages to her through Dr. Mitchell and Dr. Brooks stating that IDOC could hire two Wexford dental assistants for the cost of Morse’s state salary. PL’s L.R. 56.1 Resp.

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191 F. Supp. 3d 848, 2015 WL 6153449, 2015 U.S. Dist. LEXIS 141580, 99 Empl. Prac. Dec. (CCH) 45,425, 128 Fair Empl. Prac. Cas. (BNA) 339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morse-v-illinois-department-of-corrections-ilnd-2015.