Rumbel v. Suggs

908 F. Supp. 901, 1995 U.S. Dist. LEXIS 20258, 1995 WL 774601
CourtDistrict Court, M.D. Florida
DecidedJanuary 26, 1995
DocketNo. 94-1947-CIV-T-24(A)
StatusPublished
Cited by1 cases

This text of 908 F. Supp. 901 (Rumbel v. Suggs) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rumbel v. Suggs, 908 F. Supp. 901, 1995 U.S. Dist. LEXIS 20258, 1995 WL 774601 (M.D. Fla. 1995).

Opinion

ORDER

BUCKLEW, District Judge.

This Cause comes before the Court for consideration of defendants’ Motion to Dismiss Counts II-VI of plaintiffs complaint for failure to state a cause of action upon which relief can be granted. (Doc. No. 4, filed December 27, 1994). Plaintiff filed a response on January 18, 1995, (Doc. No. 7).

Plaintiff filed a six count complaint pursuant to 42 U.S.C. § 2000e et seq., Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991, as amended, on December 5, 1994. Defendants move to dismiss Count II through VI.' In Counts II and III Plaintiff alleged that defendants Suggs and Furnival, in their individual capacity, violated Title VII. In Count IV and V Plaintiff alleged that defendants Suggs and Fumi-val committed the tort of intentional infliction of emotional distress. Finally, in Count VI Plaintiff alleged that Tri-County breached the employment contract implied from the Tri-County personnel manual.

In her response, plaintiff Rumbel alleged that she and defendant Suggs, her supervisor at the time, engaged in a sexual relationship over a period of approximately five years. Plaintiff alleged that defendants Furnival and Tri-County were aware of the relationship between Suggs and herself, but made no immediate efforts to remove defendant Suggs as her supervisor. Additionally, Plaintiff alleged that she overheard a conversation between defendants Suggs and Furnival in which they agreed to terminate Rumbel’s employment so that she and her relationship with Suggs would not interfere with Suggs’ ability to become Director of Tri-County upon Furnival’s retirement.

COUNTS II and III: Title VII Individual Capacity Suits

Prior to the 1991 amendments to Title VII of the Civil Rights Act of 1964, the Eleventh Circuit held that individual capacity suits under Title VII were inappropriate. Busby v. City of Orlando, 931 F.2d 764, 772 (11th Cir.1991). The Court reasoned that since the proper relief under Title VII is a recovery against the employer and “not individual employees whose actions would constitute a violation of the Act,” individual capacity suits are inappropriate. Id.

The 1991 amendments to Title VII broaden the scope of recoverable damages by allowing claims for compensatory and punitive damages where the plaintiff proves intentional discrimination. Previously, the Title VII plaintiff could seek only such relief as reinstatement, backpay, and other equitable relief. Plaintiff Rumbel contends that since the amendments broaden the scope of recovery by including compensatory and punitive damages, the Legislature intended to include claims against the individual as well.

Although the Eleventh Circuit has yet to rule on the effect of the 1991 amendments, district courts within the circuit have addressed the amendments. Most of these opinions conclude that Title VII as amended still prohibits individual capacity suits.1 The Court is particularly persuaded by the opinions in Smith v. Capitol City Club of Montgomery, 850 F.Supp. 976 (M.D.Ala.1994), and Moore v. Wendy’s International, Inc., et al., No. 94-372-CIV-J-16, 1994 WL 874973 (M.D.Fla.1994). These opinions stress two factors. First, Title VII has always limited liability to employers with fifteen (15) or more employees, 42 U.S.S. § 2000e(b), indicating an intent by the Legislature to protect small entities, including individuals, from the cost of litigation. Therefore, Title VIÍ as [903]*903amended prohibits individual capacity suits. Smith, 850 F.Supp. at 979 quoting Miller v. Maxwell’s Int’l Inc., 991 F.2d 583, 587 (9th Cir.1993). Second, these opinions stress that since the law in the Eleventh Circuit currently prohibits individual capacity suits, the courts shall follow this law until directed otherwise. Moore, No. 94-372-Civ-J-16, at 4 (M.D.Fla.1994). As such this Court is inclined to follow the Eleventh Circuit precedent. Accordingly, Defendants’ Motion to Dismiss Counts II and III is granted.

Counts IV and V: Intentional Infliction of Emotional Distress

Florida recognizes the tort of intentional infliction of emotional distress but requires the conduct to be “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.” Metropolitan Life Ins. Co. v. McCarson, 467 So.2d 277, 278-79 (Fla.1985). Specifically, the plaintiff must demonstrate: (1) deliberate or reckless infliction of mental suffering by the defendant, (2) by outrageous conduct, (3) which conduct of the defendant must have caused the suffering, and'(4) the suffering must have been severe. Golden v. Complete Holdings, Inc. 818 F.Supp. 1495, 1499 (M.D.Fla.1993) (citing McCarson, 467 So.2d at 278). Whether or not the conduct meets the high standard of outrageousness is a matter of law to be decided by the courts. Golden, 818 F.Supp. at 1499-1500. Furthermore, Florida courts have consistently rejected claims for intentional infliction of emotional distress relating to sexual harassment eases. Id. at 1499.

In her response, Plaintiff Rumbel reiterates the facts as alleged. Plaintiff alleged that defendants Suggs and Furnival conspired to permit defendant Suggs to engage in sexual relationship with Rumbel, and when Suggs no longer wanted to involve himself in a personal and sexual relationship with Rumbel, Suggs and Furnival conspired to permit Suggs to take over the job duties of Furnival while simultaneously insuring that Suggs did not have to see Rumbel on a day to day basis. Thus, Plaintiff Rumbel alleged that Suggs and Furnival conspired to fire Rumbel not because of her insufficient work performance but rather because it was uncomfortable for Suggs to have , Rumbel around once Suggs had finished his sexual relationship with Rumbel.

Although plaintiff reemphasizes her allegations, plaintiff provides no case law which would indicate that as a matter of law the defendants’ behavior constituted outrageous conduct. The defendants’ conduct must be outrageous in and of itself. Strenuously reiterating the allegations will not make the conduct outrageous.

As previously noted, the standard for “outrageous conduct” is extremely high and Florida courts have consistently rejected such claims in regard to sexual harassment cases. For example in Ponton v. Scarfone, 468 So.2d 1009, 1011 (Fla. 4th DCA 1985), the plaintiff alleged that her employer invited her to join him in a sexual liaison. The court held that as a matter of law, the defendant’s conduct was not outrageous. Id. In Moore, No. 94-372-Civ-J-16, at 5-6 (M.D.Fla.1994), the court held that as a matter of law the defendant’s sexually explicit statements to the plaintiff and the defendant’s attempts to arrange for the plaintiff to accompany him on business trips were not outrageous. In allowing a claim for intentional infliction of emotional distress, the court in Stockett v. Tolin, 791 F.Supp.

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Bluebook (online)
908 F. Supp. 901, 1995 U.S. Dist. LEXIS 20258, 1995 WL 774601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rumbel-v-suggs-flmd-1995.