Rohrbough v. University of Colorado Hospital Authority

596 F.3d 741, 30 I.E.R. Cas. (BNA) 635, 2010 U.S. App. LEXIS 3401
CourtCourt of Appeals for the Tenth Circuit
DecidedFebruary 19, 2010
DocketNo. 07-1498
StatusPublished
Cited by3 cases

This text of 596 F.3d 741 (Rohrbough v. University of Colorado Hospital Authority) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rohrbough v. University of Colorado Hospital Authority, 596 F.3d 741, 30 I.E.R. Cas. (BNA) 635, 2010 U.S. App. LEXIS 3401 (10th Cir. 2010).

Opinion

MURPHY, Circuit Judge.

I. Introduction

Plaintiff Lisa M. Rohrbough filed suit pursuant to 42 U.S.C. § 1983, alleging her former employer, the University of Colorado Hospital Authority (the “Hospital”), and her former manager, Margaret Frueh, fired her in retaliation for exercising her First Amendment rights. Rohrbough appeals the district court’s grant of summary judgment. The district court concluded Rohrbough’s speech was unprotected because it was made pursuant to Rohrbough’s official duties as a “Transplant Coordinator” in the Hospital’s Heart Transplant Unit. Exercising jurisdiction under 28 U.S.C. § 1291, we AFFIRM.

II. Background

Rohrbough worked for the Hospital from November 9, 1992, until June 1, 2004, when the Hospital terminated her employment. During the final five years of her employment, Rohrbough served as the “Transplant Coordinator” in the Hospital’s Heart Transplant Unit. In 2002, she became concerned about patient care in the Unit due to what she perceived to be a “staffing crisis.” Specifically, Rohrbough believed the staffing problems were affecting the quality of care the Hospital’s patients received because labs and other medical tests were performed “extremely late” and charts were not reviewed in a timely fashion. Rohrbough raised her concerns with a number of hospital employees “[bjecause [she] wanted the patient care issues that were causing patient negative outcomes to be addressed, and [because she] believed everyone needed to be held accountable for their action or inaction.”

First, Rohrbough raised her concerns to Nurses Nancy Ireland and Linda Stepien, and Karin Keller, her day-to-day supervisor. These conversations took place both inside and outside the workplace. She next raised her concerns with Margaret Frueh, her manager, and Dr. JoAnn Lindenfeld, the director of the Hospital’s Heart Transplant Unit. Rohrbough also discussed the staffing issues during an appeal of her 2002 performance evaluation with Colleen Goode, vice president of patient services and the Hospital’s chief nursing officer, and Joyce Cashman, the Hospital’s executive vice president. Still frustrated by the Hospital’s lack of response, she took her concerns to Dennis Brimhall, the president of the Hospital. Rohrbough thought it appropriate to meet with Brimhall given that her concerns were “related to [her] employment because they were patient care issues.”

[744]*744Brimhall informed Rohrbough she had the option of meeting with someone from the Hospital’s Risk Management Unit. Rohrbough subsequently met with Susan West of the Hospital’s Risk Management Unit. West informed her of the Hospital’s incident reporting system and welcomed Rohrbough to create incident reports covering the instances of substandard care she . observed. Indeed, Hospital policies required all employees to write incident reports whenever they encountered unsafe conditions, errors, and near misses. After meeting with West, Rohrbough composed eleven such reports.

While her performance evaluation appeal was pending, Rohrbough learned of a possible heart transplant misallocation and cover-up at the Hospital. She reported information regarding this alleged misallocation and cover-up to the United Network for Organ Sharing (“UNOS”), an entity established by Congress to administer organ transplants. As Transplant Coordinator, Rohrbough was responsible for contacting UNOS to place patients on transplant lists, removing patients from transplants lists, and providing information about a particular transplant. In this particular instance, however, Rohrbough testified she called UNOS because her impression was that Dr. Lindenfeld was not going to be truthful in her report to UNOS. She contacted the UNOS representative from her home, identified herself as the Hospital’s Transplant Coordinator, and described her basis for believing a heart had been misallocated at the Hospital. She also discussed the alleged heart misallocation with a reporter from the Denver Westward, a print weekly.

In February 2004, Rohrbough received a performance evaluation that indicated she had failed to meet Hospital standards. In March 2004, several of Rohrbough’s coworkers approached the Hospital’s human resources department to express concerns about Rohrbough’s poor job performance and her negative impact on the work environment. In response, Rohrbough was placed on administrative leave. She was reinstated, but failed to improve her performance. As a result, Frueh terminated Rohrbough’s employment on June 1, 2004. In explaining her decision to terminate Rohrbough, Frueh testified that “[a]t no time during Ms. Rohrbough’s employment at the Hospital did I have knowledge of her reports to UNOS regarding the alleged ‘heart-switch cover-up.’ ... Therefore, I could not have disciplined Ms. Rohrbough for this alleged reporting.”

Rohrbough filed suit against the Hospital and Frueh, in both her individual and official capacity, alleging the Hospital impermissibly retaliated against her for exercising First Amendment rights. Rohrbough specifically alleges her speech relating to the Hospital’s staffing crisis, the heart misallocation, and incident reports were protected under the First Amendment. The Hospital moved for summary judgment, arguing that all of Rohrbough’s speech was made pursuant to her official responsibilities and therefore unprotected under Garcetti.

The district court entered summary judgment in favor of the Hospital. It held that under the standards developed in the wake of Garcetti, it was “clear that all the speech for which plaintiff was allegedly retaliated against [fell] squarely within the scope of her official duties.” The district court held Rohrbough’s complaints about inadequate staffing “by her own admission, directly related to her concerns about patient safety and welfare” and fell squarely within her “overarching job responsibility as a nurse” to ensure those concerns were met. Similarly, the district court held the occurrence reports were also written pur[745]*745suant to Rohrbough’s “broader, official duties as a nurse to safeguard patient welfare.” Finally, with respect to her communications with UNOS, the district court held this speech was a “natural, foreseeable outgrowth” of Rohrbough’s official duty to contact UNOS to place patients on the transplant list or to change a patient’s status on that list. As a result, the district court held that none of the speech activities on which Rohrbough’s claim was based were “subject to protection under the First Amendment in the wake of Garcetti.” On appeal, Rohrbough argues the district court erred in determining she spoke pursuant to her official duties as the Hospital’s Transplant Coordinator.

III. Analysis

A. Standard of Review

“We review the district court’s grant of summary judgment for the [defendants] de novo, applying the same legal standard as the district court.” Shero v. City of Grove, Okla., 510 F.3d 1196, 1200 (10th Cir.2007).

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Bluebook (online)
596 F.3d 741, 30 I.E.R. Cas. (BNA) 635, 2010 U.S. App. LEXIS 3401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rohrbough-v-university-of-colorado-hospital-authority-ca10-2010.