Rogers v. City of New Britain

189 F. Supp. 3d 345, 2016 U.S. Dist. LEXIS 64586, 129 Fair Empl. Prac. Cas. (BNA) 250, 2016 WL 2888955
CourtDistrict Court, D. Connecticut
DecidedMay 17, 2016
DocketNo. 3:12-cv-1626 (SRU)
StatusPublished
Cited by10 cases

This text of 189 F. Supp. 3d 345 (Rogers v. City of New Britain) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rogers v. City of New Britain, 189 F. Supp. 3d 345, 2016 U.S. Dist. LEXIS 64586, 129 Fair Empl. Prac. Cas. (BNA) 250, 2016 WL 2888955 (D. Conn. 2016).

Opinion

RULING AND ORDER

Stefan R. Underhill, United States District Judge

Vincent Rogers (or Rodgers)1 is an African American employee of the City of New Britain who has worked for over a decade in its Water Department. He brings this lawsuit against his employer and several supervisors. He pleads a variety of claims, as discussed below, but they are principally claims of a racially hostile work environment and unlawful retaliation under Title VII of the Civil Rights Act and 42 U.S.C. § 1983. The defendants filed the present motion for summary judgment. For the [349]*349reasons that follow, that motion is granted in part and denied in part. ■

I. Standard of Review

Summary judgment is appropriate when the record demonstrates 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); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (plaintiff must present affirmative evidence in order to defeat a properly supported motion for summary judgment).

When ruling on a summary judgment motion, the court must construe the facts of record in the light most favorable to the nonmoving party and must resolve all ambiguities and. draw all reasonable inferences against the moving party. Anderson, 477 U.S. at 255, 106 S.Ct. 2505; Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Adickes v. S.H. Kress & Co., 398 U.S. 144, 158-59, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); see also Aldrich v. Randolph Cent. Sch. Dist., 963 F.2d 520, 523 (2d Cir.), cert. denied, 506 U.S. 965, 113 S.Ct. 440, 121 L.Ed.2d 359 (1992) (court is required to “resolve all ambiguities and draw all inferences in favor of the nonmoving party”). When a motion for summary judgment is properly supported by documentary and testimonial evidence, however, the nonmoving party may not rest upon the mere allegations or denials of his pleadings, but must present sufficient probative evidence to establish a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Colon v. Coughlin, 58 F.3d 865, 872 (2d Cir.1995).

“Only when reasonable minds could not differ as to the import of the evidence is summary, judgment proper.” Bryant v. Maffucci, 923 F.2d 979, 982 (2d Cir.1991); see also Suburban Propane v. Proctor Gas, Inc., 953 F.2d 780, 788 (2d Cir.1992). If the nonmoving party submits evidence that is “merely colorable,” or is not “significantly probative,” summary judgment may be granted. Anderson, 477 U.S. at 249-50, 106 S.Ct. 2505.

The mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact. As to materiality, the substantive law will identify which facts are material. Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment. Factual disputes that are irrelevant or unnecessary will not be counted.

Id. at 247-48, 106 S.Ct. 2505. To present a “genuine” issue of material fact, there must be contradictory evidence “such that a reasonable jury could return a verdict for the non-moving party.” Id. at 248, 106 S.Ct. 2505.

If the nonmoving party has failed to make a sufficient showing on an essential element of his case with respect to which he has the burden of proof at trial, then summary judgment is appropriate. Celotex, 477 U.S. at 322, 106 S.Ct. 2548. In such a situation, “there can be ‘no genuine issue as to any material fact,’ since a complete failure of proof concerning an essential element of the nonmoving party’s case necessarily renders all other facts immaterial.” Id. at 322-23, 106 S.Ct. 2548; accord Goenaga v. March of Dimes Birth Defects Found., 51 F.3d 14, 18 (2d Cir.1995) (mov-ant’s burden- satisfied if he can point to an absence of evidence to support an essential element of nonmoving party’s claim). In short, if. there is no genuine issue of material fact, summary judgment may enter. Celotex, 477 U.S. at 323, 106 S.Ct. 2548.

[350]*350II. Background

The plaintiff, Vincent Rogers, is an African American man who has worked for the New Britain Water Department since 2003. At relevant times, Mark Zenobi and Ken Marzi2 were his supervisors (Zenobi is identified as Rogers’s immediate supervisor), and Gilbert Bligh was the director of the Water Department. Rogers brings suit against all three of them in their individual and official capacities, along with the City of New Britain, the New Britain Water Department, and “Jane Doe, John Doe, and other unnamed individuals.” The precise nature of all of the claims (and the differences between some of the counts as they are enumerated in the complaint) is less than clear, because the complaint (as well as the briefing on both sides) makes extensive use of boilerplate recitations, with some repetitions and what appear to be occasional copy/paste errors. It is clear, however, that the essential allegations are of a racially hostile work environment — or, perhaps more accurately, of a generally and indiscriminately hostile work environment, frequently anti-gay (Rogers does not allege that he is gay nor that he was ever the target of anti-gay hostility, though he found it inappropriate), and of a few specific racial incidents.

Rogers alleges that one day in 2004, on a Friday while he was clocking out at the end of the day, a co-worker named Dean Sasso (who is not a defendant, and is white) said something to the effect of “What’s up, my nigga?”3 Rogers was shocked and offended by this, and he left. Shortly thereafter, he wrote a letter to management complaining of the incident, but he alleges that Sasso was never disciplined. A fact-finding proceeding occurred, at which Sasso denied using the slur (and Rogers was not asked to testify).4 Sasso admitted no fault but agreed to attend sensitivity training.

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189 F. Supp. 3d 345, 2016 U.S. Dist. LEXIS 64586, 129 Fair Empl. Prac. Cas. (BNA) 250, 2016 WL 2888955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-city-of-new-britain-ctd-2016.