Russaw v. Barbour County Board of Education

891 F. Supp. 2d 1281, 2012 U.S. Dist. LEXIS 122207, 115 Fair Empl. Prac. Cas. (BNA) 1732, 2012 WL 3733368
CourtDistrict Court, M.D. Alabama
DecidedAugust 28, 2012
DocketCase No. 2:11-CV-611-WKW
StatusPublished
Cited by3 cases

This text of 891 F. Supp. 2d 1281 (Russaw v. Barbour County Board of Education) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Russaw v. Barbour County Board of Education, 891 F. Supp. 2d 1281, 2012 U.S. Dist. LEXIS 122207, 115 Fair Empl. Prac. Cas. (BNA) 1732, 2012 WL 3733368 (M.D. Ala. 2012).

Opinion

MEMORANDUM OPINION AND ORDER

W. KEITH WATKINS, Chief Judge.

This suit is a Title VII retaliation action against the Barbour County Board of Education (“BCBOE” or “Board”). Plaintiff Frederick Russaw, who was employed by BCBOE as a transportation technician, alleges that his employment was nonrenewed in retaliation for protected conduct. BCBOE has moved for summary judgment on Mr. Russaw’s Title VII claim of retaliation. (Docs. #28, 29.) Mr. Russaw has responded in opposition to summary judgment (Doc. # 30), and BCBOE has replied (Doc. # 31). The motion is ready for resolution. Based upon careful consideration of the arguments of counsel, the relevant law, and the record as a whole, BCBOE’s motion for summary judgment is due to be denied.

I. JURISDICTION AND VENUE

Subject matter jurisdiction is exercised pursuant to 28 U.S.C. § 1331, 28 U.S.C. § 1343(a)(3), and 42 U.S.C. § 2000e-5(f)(3). The parties do not contest personal jurisdiction or venue, and the court finds that there are allegations sufficient to support both.

II. FACTUAL AND PROCEDURAL BACKGROUND

Mr. Russaw brings this action against BCBOE for retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”). Mr. Russaw alleges that his employment as a transportation technician was nonrenewed [1284]*1284in retaliation for opposing what he perceived as his supervisor’s unlawful employment practices against a bus driver, Ms. Lisa Rodgers. That supervisor was Lee Roy Straw. BCBOE contends, on the other hand, that Mr. Russaw’s employment was non-renewed because he failed to perform his duties in a satisfactory manner, that Mr. Russaw did not engage in any conduct protected by Title VII, and that Mr. Russaw’s non-renewal did not relate to his alleged protected activity.

Mr. Russaw’s employment with BCBOE began when he was hired as a transportation technician for the 2008-09 school year. As one of two transportation technicians in the maintenance department, Mr. Russaw performed manual labor on the school system’s buses. He was supervised by a tenured transportation technician and Mr. Straw. Mr. Straw wore two hats, serving not only as a supervisor of the transportation technicians, but also as the director of transportation. (Quick’s Dep. 65-66; Straw’s Dep. 8-9.)

Ms. Rodgers worked as a bus driver for BCBOE the same three years as Mr. Russaw. Mr. Straw was in her supervisory chain of command. In the fall of 2009, Ms. Rodgers started giving her paperwork (including requests for bus repairs) to Mr. Russaw and making requests through him instead of directly to Mr. Straw. Mr. Straw asked Mr. Russaw to inquire of Ms. Rodgers as to why she was not bringing her paperwork to him. Ms. Rodgers told Mr. Russaw that Mr. Straw had been sexually harassing her, calling her at home, and trying to persuade her to have sex with him, but that “she didn’t want to have anything to do with him.” (Pl.’s Dep. 29-30; PL’s Aff. ¶ 5.).

Mr. Russaw told Mr. Straw about Ms. Rodgers’s accusations of sexual harassment. Mr. Straw responded by laughing and said that he would never do anything like that. That ended the conversation, and the topic never came up again. In this lawsuit, Mr. Russaw does not contend that he engaged in protected activity during this conversation. (PL’s Summ. J. Resp. 7 n. 6 (Doc. # 30).)

The alleged protected activity occurred in March 2010. As a preface, in early March 2010, Ms. Rodgers came through the gas line and told Mr. Russaw that she was having a problem with the front end of her bus. Mr. Russaw allegedly told Ms. Rodgers that she needed to report the matter to Mr. Straw at which time she claimed to have done so several times. Mr. Russaw then observed Ms. Rodgers putting a request for repairs in Mr. Straw’s drop box. Not long after, on March 19, 2010, with her request for repairs having gone unanswered, Ms. Rodgers was transporting school children and had an accident after the bus’s steering wheel locked up.

Mr. Russaw alleges that a day or so after Ms. Rodgers’s accident, Mr. Straw asked Mr. Russaw if he saw Ms. Rodgers put a note for a bus repair in his drop box. Mr. Russaw said, ‘Tes, I [did] exactly [what] you told me to; have them to come up there and see you or either put a note in that drop box.” (PL’s Dep. 60.) Mr. Straw instructed Mr. Russaw to deny, if ever asked, that he saw Ms. Rodgers put- a note in the drop box “or else.” (PL’s Dep. 60.) Mr. Russaw said that he would not lie. Mr. Russaw believed that when Mr. Straw asked him to deny that he had seen Ms. Rodgers place a repair request in her drop box, Mr. Straw “wanted [him] to lie so that he could either use the bus wreck as an excuse to fire Lisa Rodgers for not having had sex with him, or ... use it against her to force her to have sex with him.”1 (Russaw’s Aff. ¶ 5.)

[1285]*1285Mr. Russaw’s belief that Mr. Straw had sexually harassed Ms. Rodgers was based upon what Ms. Rodgers had told him in the fall of 2009 and an additional incident he witnessed when he was fueling Ms. Rodgers’s bus at the maintenance shop. As to this additional incident, Mr. Russaw saw Mr. Straw enter the parked bus where Ms. Rodgers was seated during the fueling process. He then saw Mr. Straw put his hand on Ms. Rodgers’s inner, upper thigh, and heard Ms. Rodgers rebuke him with strong language. Later that same day, Mr. Russaw observed Mr. Straw removing the videotape from the bus, destroying it, and throwing it in a trash can. (Pl.’s Dep, 32-38.) Mr. Russaw cannot remember precisely when this incident occurred, other than it occurred a “while after” Ms. Rodgers told him about Mr. Straw’s sexually harassing behavior.2 (PL’s Dep. 57-58.) On another occasion prior to Ms. Rodgers’s bus accident, Mr. Russaw saw Mr. Straw place “what appeared to be a greeting card” in Ms. Rodgers’s bus, but he admits that he does not know any other details, and he never asked Ms. Rodgers about it. (PL’s Dep. 39; PL’s Aff. ¶5.)

Mr. Russaw’s belief that Mr. Straw desired to retaliate against Ms. Rodgers for refusing his sexual advances is based upon the following. The first was Mr. Russaw’s impression, based upon what Ms. Rodgers reported to him and what he witnessed, that Mr. Straw had sexually harassed Ms. Rodgers. The second was Mr. Straw’s ranting, occurring “within a couple of months” of Ms. Rodgers’s bus accident, that Ms. Rodgers was a “‘bitch’ and a ‘slut,’ and that he had ‘a way to deal with her.’ ” (PL’s Aff. ¶ 2.) The third was Ms. Rodgers’s reports to Mr. Russaw that she had submitted several requests to Mr. Straw for repair work to her bus, but that those requests had been ignored. (Russaw’s Aff. ¶ 3.)

Less than two months after the drop box incident, Mr. Russaw’s employment contract was non-renewed based upon Mr. Straw’s recommendation to the superintendent who, in turn, passed along the recommendation to BCBOE. During all times relevant to this lawsuit, Gary Quick was the superintendent of Barbour County Schools. ■ During Mr.

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891 F. Supp. 2d 1281, 2012 U.S. Dist. LEXIS 122207, 115 Fair Empl. Prac. Cas. (BNA) 1732, 2012 WL 3733368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russaw-v-barbour-county-board-of-education-almd-2012.