Schroeder v. Shawano County

870 F. Supp. 2d 622, 2012 WL 1448118, 2012 U.S. Dist. LEXIS 58341
CourtDistrict Court, E.D. Wisconsin
DecidedApril 26, 2012
DocketCase No. 10-C-959
StatusPublished
Cited by2 cases

This text of 870 F. Supp. 2d 622 (Schroeder v. Shawano County) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schroeder v. Shawano County, 870 F. Supp. 2d 622, 2012 WL 1448118, 2012 U.S. Dist. LEXIS 58341 (E.D. Wis. 2012).

Opinion

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

WILLIAM C. GRIESBACH, District Judge.

Plaintiff Brenda Schroeder filed suit on October 26, 2010 against Defendants Shawano County and the Maple Lane Health Care Center (Maple Lane), asserting claims for age discrimination and retaliation in violation of the Age Discrimination in Employment Act (ADEA) and Title VII arising out of the termination of her employment with Maple Lane. (ECF No. 1). (Schroeder’s ease is a companion case to one already decided by this Court, Hopfensperger v. Shawano County et al., 10-CV-960.) Schroeder was born on September 2, 1958 and was over forty at the time of her termination. At issue presently is the motion for judgment on the pleadings brought by the County. The County contends Schroeder’s theory — that she was terminated because the County wanted to “rescue a financially troubled nursing home” — fails to state an actionable claim for age discrimination and fails to serve as a basis upon which a retaliation claim may lie. The County alternatively argues it is entitled to summary judgment because Schroeder is unable to produce evidence on which a jury could find in her favor on either claim. For the reasons given below, the County’s motion for summary judgment will be granted.

[624]*624BACKGROUND

Maple Lane is a nursing facility that provides services for residents who are not able to care for themselves. (Defs.’ Proposed Findings of Fact, DPFF ¶ 4.) Maple Lane was owned and operated by Shawano County until it was sold in April 2012. (Id.) As a skilled nursing facility, Maple Lane was required to comply with applicable federal statutes and regulations relating to the care and treatment of residents in order to maintain its Medicare and Medicaid certification. See 42 U.S.C. § 1396 et seq., 42 C.F.R. § 483 et seq., Wis. Stat. § 50.09; see also DPFF ¶ 5.

Schroeder began working at Maple Lane in 1977 as a Certified Nursing Assistant. (Am. Compl. ¶ 8.) In 1990, she became the Activity Program Supervisor at Maple Lane and remained in that position until her termination. (Am. Compl. ¶ 8.)

Richard Mucha was a resident of Maple Lane in November and December of 2008. (DPFF ¶ 1.) Due to a stroke, bilateral amputation of his lower extremities, and diabetes, Mucha was unable to mobilize on his own and required a wheelchair to move around the facility. (Id. ¶ 3.)

On December 29, 2008, Kathleen Schallock, former Interim Nursing Home Administrator of Maple Lane, was approached at the facility by Mr. Mucha’s daughter (Michelle Gall) and wife (Betty Mucha) regarding complaints that they had about the facility’s treatment of Mr. Mucha. (Id. ¶ 16.) Gall and Ms. Mucha explained Mr. Mucha wanted to leave Maple Lane because of problems Richard experienced with Barbara Hopfensperger, the Activity Program Director, Schroeder, and the Activity Program Coordinator, Breitrick. (Id. ¶ 18.) Hopfensperger and Schroeder were department heads and considered management within the facility. (Id. ¶ 19.) Breitrick was an employee in the Activities Department who reported to Schroeder and who did not have any managerial responsibilities. (Id. ¶ 20.)

The Mucha family informed Sehallock the most recent problem arose out of Hopfensperger’s and Schroeder’s failure to arrange transportation for Mr. Mucha to his great granddaughter’s Christmas Eve program, despite the family’s request for transportation more than one week prior to the event. (Id. ¶ 22.) Maple Lane owned two wheelchair-equipped vans to transport wheelchair bound residents outside of the facility. (Id. ¶ 8.) The vans could be and were used for transporting residents to individual activities (such as church, appointments, and family gatherings) and could also be used for group community outings (such as shopping and going to restaurants). (Id. ¶9.) Hopfensperger and Schroeder had allegedly advised Gall and Ms. Mucha that Maple Lane could not transport Mr. Mucha to the Christmas program and that the family would have to find transportation on their own. (Id. ¶ 23.) As a result, Mr. Mucha missed the program. (Id. ¶ 17.) He was extremely upset and demanded to be transferred out of Maple Lane. (Id. ¶ 24.)

Gall and Ms. Mucha expressed to Schalloek several other concerns with the facility, most of which were primarily directed at Hopfensperger and Schroeder but also included one allegation against Breitrick. (Id. ¶ 25.) The allegation against Breitrick arose out of an incident in which Breitrick allegedly accused Mr. Mucha of swearing at another resident and purportedly harassed him about his action. (Id. ¶ 26.) At Sehallock’s request, Gall and Ms. Mucha subsequently confirmed their concerns in writing in a letter dated December 29, 2008. (Id. ¶ 27.) In addition to the claims about which Ms. Mucha and Gall verbally informed Sehallock, the complaint letter asserted that Hopfensperger and Schroeder confronted and harassed Mr. Mucha in [625]*625his room following a meeting the two women had with Schallock. (Id. ¶ 28.) None of the information contained in the allegations was reported to Schallock prior to her discussions with the Mucha family. (Id. ¶ 30.)

Schallock determined the statements made by the Mucha family constituted allegations of potential mistreatment, neglect, and abuse of a resident and that Maple Lane was required by state or federal nursing home regulations to investigate the allegations. (Id. ¶ 31.) Accordingly she placed Hopfensperger, Schroeder, and Breitrick on administrative suspension on December 30, 2008 and retained Steven Janikowski (Janikowski), a registered nurse from Pathways Health Services (Pathways), to conduct an investigation into the alleged mistreatment of Mr. Mucha. (Id. ¶¶ 32, 34.) Between December 31, 2008 and January 5, 2008, Janikowski interviewed Hopfensperger (represented at the interview by Attorney Aaron Birnbaum), Schroeder, Breitrick, and several other staff from Maple Lane who cared for Mr. Mucha. (Id. ¶¶ 36-37.) Janikowski also reviewed several records including Mr. Mucha’s medical, activity and social service records, his personal account, the wheelchair van policy, the job descriptions for the Facilities Social Worker, Activity Supervisor and Activity Coordinator and reviewed the services provided by the facility. (Id. ¶ 36.) After completing his investigation, Janikowski prepared a report summarizing his findings. (Id. ¶ 38.)

Janikowski concluded Schroeder was guilty of abusing Mucha and informed Shawano County of his conclusion. (Id. ¶ 39.) He determined Schroeder intentionally attempted to harm Mr. Mucha because she did not arrange for transportation for him to his great granddaughter’s Christmas program and instead attempted to pass responsibility for transportation to the family. (Id. ¶ 40.) Janikowski further determined Schroeder abused Mr. Mucha by confronting him when she learned of his psychological condition rather than trying to intervene and address his issues. (Id. ¶ 41.) Specifically, Janikowski determined Schroeder did not follow her job description. (Id.

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Cite This Page — Counsel Stack

Bluebook (online)
870 F. Supp. 2d 622, 2012 WL 1448118, 2012 U.S. Dist. LEXIS 58341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schroeder-v-shawano-county-wied-2012.