Roddy v. Riverbend Maximum Security Institution

CourtDistrict Court, M.D. Tennessee
DecidedJanuary 13, 2023
Docket3:20-cv-00373
StatusUnknown

This text of Roddy v. Riverbend Maximum Security Institution (Roddy v. Riverbend Maximum Security Institution) is published on Counsel Stack Legal Research, covering District Court, M.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roddy v. Riverbend Maximum Security Institution, (M.D. Tenn. 2023).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

NAKISHA RODDY, ) ) Plaintiff, ) ) v. ) No. 3:20-cv-00373 ) TENNESSEE DEPARTMENT OF ) CORRECTIONS, ) ) Defendant. )

MEMORANDUM OPINION On August 22, 2019, Roddy complained to her supervisor about alleged racial discrimination she faced from her white coworkers at Riverbend Maximum Security Institution (“RMSI”), a facility operated by the Tennessee Department of Corrections (“TDOC”). Less than two hours later, a TDOC investigator confronted Roddy, accusing her of smuggling contraband into the facility. The investigator’s findings prompted RMSI’s warden to immediately ban Roddy from RMSI and factored heavily into Roddy’s employment agency’s decision to fire her two months later. This timeline certainly sounds in retaliation. Likely for that reason, Roddy brought identical retaliation claims against TDOC under the Tennessee Human Rights Act (the “THRA”) and Title VII of the Civil Rights Act of 1964 (“Title VII”), which allow individuals to bring such claims against their employers and those who stand in the place of employers. But neither Roddy, her supervisor, nor her coworker were TDOC employees. What’s more, Roddy has offered nothing to show that any TDOC employee knew about Roddy’s complaint when the warden banned her. For the following reasons, the Court will grant TDOC’s Motion for Summary Judgment (Doc. No. 54). I. FACTUAL ALLEGATIONS AND BACKGROUND1 In June 2019, Nakisha Roddy accepted an assignment from her employment agency, Maxim Healthcare Services, Inc. (“Maxim”), to work as a nurse at RMSI, a TDOC facility in Nashville, Tennessee. (Doc. No. 65-1 at ¶ 2). The job was not with RMSI or TDOC directly. (Id.

at ¶¶ 1–2). Rather, Maxim worked with Centurion of Tennessee, LLC (“Centurion”) who provided inmate health services at RMSI and formally employed all of the facility’s nursing staff since July 1, 2018. (Id. at ¶ 1). Though Roddy worked at RSMI, her relationship with TDOC was attenuated. The parties agree that Centurion, rather than TDOC, had the ability to directly hire, fire, and discipline nurses at RMSI, (Doc. No. 65-1 at ¶ 17); to affect the compensation and benefits received by nurses at RMSI, (id. at ¶ 18); and to direct and supervise the performance of the nurses at RSMI. (Id. at ¶ 19). Roddy’s assignment to RMSI began without issue, and, by all accounts, she was a sterling nurse. (Doc. No. 67-1 at 20). However, on August 21, 2019, Roddy and another Maxim/Centurion

nurse, Tabitha Miller, had a verbal altercation, which resulted in Roddy and Miller going to their supervisor, Director of Nursing Kyla Solomon. (Doc. No. 65-1 at ¶¶ 3–4). Solomon also worked for Centurion. (Id. at ¶ 5). In front of Solomon, Roddy alleges, Miller compared her to another black nurse and accused of her of being too friendly with inmates. (Doc. No. 67-1 at 20–21). Roddy claims she questioned Solomon about prior issues with Roddy, and Solomon supposedly

1 The facts in this section are undisputed unless specifically noted otherwise and are drawn from the undisputed portions of the parties’ statements of facts (Doc. Nos. 65-1, 69), the exhibits, depositions, and declarations submitted in connection with the summary judgment briefing that are not contradicted by the evidence in the record. responded that she had not. (Id. at 20). After Roddy made her case, she was asked to leave the room to allow Miller and Solomon to speak privately. (Id.) The following day at around 11:00 a.m., Roddy returned to Solomon and explained that she felt that Miller discriminated against her the day before and that other coworkers had made

similar comments about how Roddy relates to the inmates better than her white counterparts because of her race. (Doc. No. 69 at ¶¶ 1–2). Roddy requested that Miller apologize, and, according to Roddy, Solomon agreed and promised to speak to Miller when she arrived to work. (Doc. No. 67-1 at 21–22). Roddy never received that apology. Just two hours later, another nurse told Roddy that Solomon needed to speak with her. (Doc. No. 69 at ¶¶ 3–4; Doc. No. 67-1 at 22). But when Roddy arrived at Solomon’s office, she was met by not only Solomon, but also by a male facility officer and TDOC Institutional Investigator Kelly Hunt. (Id. at 22). The male officer left soon after Roddy entered the room. (Id.). Hunt then showed Roddy an image of a body scan of a woman with a large dark mass in her pelvis, (Doc. No. 69 at ¶ 5), and told her that the image was one of

her smuggling drugs into the facility. (Doc. No. 65-1 at ¶ 8). According to Hunt’s report, the body scan was taken on August 7, 2019 at roughly 6:00 a.m.2 (Doc. No. 69 at ¶ 8). Roddy denied any wrongdoing and denied that she was the individual in the body scan. (Doc. No. 65-1 at ¶ 9). Hunt continued to press Roddy, challenging Roddy’s claim that the object in the body scan was a tampon and asking about her relationships with inmates. (Doc. No. 67-1 at 22). After Hunt finished questioning Roddy, Roddy was escorted from the facility. (Doc. No. 65-1 at ¶ 11). Importantly, Roddy never discussed her allegations of discrimination with Hunt. (Id. at ¶ 10).

2 The investigation summary makes no mention of any investigative steps taken between the day that the body scan took place and Hunt’s interview of Roddy. (Doc. No. 66-1 at 1). Later that day, Hunt relayed her findings to RMSI Warden Tony Mays, and Warden Mays informed Maxim that Roddy was banned from RMSI. (Doc. No. 65-1 at ¶¶ 13–14). This ban, however, did not extend to other TDOC facilities. (Id. at ¶ 14) Neither Maxim, nor Centurion sought to have Roddy reinstated at RMSI. Maxim staff

investigating the matter in the two months that followed indicate that at least some did not believe RMSI’s allegations. (See Doc. No. 66-3 at 206 (“I obviously have to comply with whatever decision you guys decide[,] but I just want to go on record that we do not have enough evidence to substantiate the fact that Nakisha Roddy had contraband and entered the prison. The client of course has the right [to] hire and fire at will but we also have an obligation to our employees”). However, Maxim ultimately concluded that RMSI’s allegations were likely true. (See id. at 205 (“We make our recommendation based on all the information provided. In this case, there is more reason to believe that she did engage in the misconduct tha[n] that she didn’t.”). On or about November 1, 2019, Maxim terminated Roddy’s employment. (Doc. No. 66-3 at 310). On May 1, 2020, Roddy filed suit against TDOC, RMSI, and Maxim, alleging that they

retaliated against her for complaining about discrimination in violation of Title VII and the THRA. (See generally Doc. No. 1). Now, TDOC is the only remaining defendant. (See Doc. Nos. 6, 42 (dismissing Roddy’s claims against RMSI and Maxim)). II. LEGAL STANDARD Summary judgment is appropriate only where 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 party bringing the summary judgment motion has the initial burden of informing the Court of the basis for its motion and identifying portions of the record that demonstrate the absence of a genuine dispute over material facts.” Rodgers v. Banks, 344 F.3d 587, 595 (6th Cir. 2003). The moving party may satisfy this burden by presenting affirmative evidence that negates an element of the non-moving party’s claim or by demonstrating an absence of evidence to support the non- moving party’s case. Id. In deciding a motion for summary judgment, the Court must review all the evidence, facts,

and inferences in the light most favorable to the party opposing the motion. Matsushita Elec. Indus.

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Roddy v. Riverbend Maximum Security Institution, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roddy-v-riverbend-maximum-security-institution-tnmd-2023.