Shell v. Smith

38 F. Supp. 3d 991, 2014 WL 3895951, 2014 U.S. Dist. LEXIS 109391
CourtDistrict Court, S.D. Indiana
DecidedAugust 7, 2014
DocketNo. 1:13-cv-00583-JMS-MJD
StatusPublished
Cited by1 cases

This text of 38 F. Supp. 3d 991 (Shell v. Smith) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shell v. Smith, 38 F. Supp. 3d 991, 2014 WL 3895951, 2014 U.S. Dist. LEXIS 109391 (S.D. Ind. 2014).

Opinion

ORDER

JANE MAGNUS-STINSON, District Judge.

Plaintiff Marc Shell brings two claims against the Defendants City of Anderson (the “City”) and the City’s Mayor, Kevin Smith. First, Mr. Shell argues that the City, via his former employer, the City of Anderson Transit System, (“CATS”), terminated his employment in violation of the Americans with Disabilities Act (“ADA”). [Filing No. 1 at 4.] Second, he brings a First Amendment retaliation claim against both Defendants pursuant to 42 U.S.C. § 1988, alleging that his employment was terminated for political reasons. [Filing No. 1 at 4.] Presently pending before the Court is the Defendants’ Motion for Summary Judgment, seeking summary judgment on both of Mr. Shell’s claims. [Filing No. 26.] For the reasons that follow, the Court GRANTS the motion.

I.

STANDARD OF REVIEW

A motion for summary judgment asks the Court to find that a trial is unnecessary because there is no genuine dispute as to any material fact and, instead, the movant is entitled to judgment as a matter of law. See Fed. R. Civ. 56(a). As the current version of Rule 56 makes clear, whether a party asserts that a fact is undisputed or genuinely disputed, the party must support the asserted fact by citing to particular parts of the record, including depositions, documents, or affidavits. Fed. R.Civ.P. 56(c)(1)(A). A party can also support a fact by showing that the materials cited do not establish the absence or presence of a genuine dispute or that the adverse party cannot produce admissible evidence to support the fact. Fed.R.Civ.P. 56(c)(1)(B). Affidavits or declarations must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on matters stated. Fed. R.Civ.P. 56(c)(4). Failure to properly support a fact in opposition to a movant’s factual assertion can result in the movant’s fact being considered undisputed, and potentially in the grant of summary judgment. Fed.R.Civ.P. 56(e).

In deciding a motion for summary judgment, the Court need only consider disputed facts that are material to the decision. A disputed fact is material if it might affect the outcome of the suit under the governing law. Hampton v. Ford Motor Co., 561 F.3d 709, 713 (7th Cir.2009). In other words, while there may be facts that are in dispute, summary judgment is appropriate if those facts are not outcome determinative. Harper v. Vigilant Ins. Co., 433 F.3d 521, 525 (7th Cir.2005). Fact disputes that are irrelevant to the legal question will not be considered. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

On summary judgment, a party must show the Court what evidence it has that would convince a trier of fact to accept its version of the events. Johnson v. Cambridge Indus., 325 F.3d 892, 901 (7th [995]*995Cir.2003). The moving party is entitled to summary judgment if no reasonable fact-finder could return a verdict for the non-moving party. Nelson v. Miller, 570 F.3d 868, 875 (7th Cir.2009). The Court views the record in the light most favorable to the nonmoving party and draws all reasonable inferences in that party’s favor. Darst v. Interstate Brands Corp., 512 F.3d 903, 907 (7th Cir.2008). It cannot weigh evidence or make credibility determinations on summary judgment because those tasks are left to the fact-finder. O’Leary v. Accretive Health, Inc., 657 F.3d 625, 630 (7th Cir.2011). The Court need only consider the cited materials, Fed.R.Civ.P. 56(c)(3), and the Seventh Circuit Court of Appeals has “repeatedly assured the district courts that they are not required to scour every inch of the record for evidence that is potentially relevant to the summary judgment motion before them,” Johnson, 325 F.3d at 898. Any doubt as to the existence of a genuine issue for trial is resolved against the moving party. Ponsetti v. GE Pension Plan, 614 F.3d 684, 691 (7th Cir.2010).

II.

BACKGROUND

The following background is drawn from the admissible evidence submitted by the parties, viewed in the light most favorable to the non-movant, Mr. Shell.

Mr. Shell started working as a Mechanic’s Helper for CATS in February 2000. [Filing No. 27-1 at 1.] The City maintained official job descriptions for its positions, including that of Mechanic’s Helper, long before Mr. Shell was hired. [See Filing No. 27-3.] The Mechanic’s Helper job description sets forth the following responsibilities:

• servicing vehicles with gasoline, oil, water and battery water, changing oil and lubricating chassis;
• cleaning exterior/interior of buses and other vehicles, applying decals, and performing similar related work;
• making visual inspections during servicing for abnormal steering, lights, tires, chassis, body, windshield wipers, generator charging rate, and radiator cooling water level;
• replacing batteries, battery cables, and light bulbs;
• draining, flushing, and refilling radiators, adding proper amount of antifreeze solution, and replacing radiator hose and clamps;
• reporting low quantities of automotive supplies, and picking up parts;
• operating City vehicles in service, maintenance and repair work;
• maintaining equipment, tools and work areas in a clean and orderly condition;
• cleaning garage and office areas, including sweeping, mopping, washing windows and walls, and emptying trash; mowing grass and trimming around building; painting as needed;
• may occasionally drive and deliver buses to various field locations;
• performing related duties as required.

[Filing No. 27-3 at 2.] To perform these responsibilities, the job description required a Mechanic’s Helper have the following skills and knowledge:

• basic knowledge of and ability to read and use repair manuals, parts catalogs and work orders;
• working knowledge of basic automotive maintenance and ability to use automotive tools;
[996]*996• working knowledge of safety precautions applicable to automotive maintenance work;

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Rednour v. Wayne Township
51 F. Supp. 3d 799 (S.D. Indiana, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
38 F. Supp. 3d 991, 2014 WL 3895951, 2014 U.S. Dist. LEXIS 109391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shell-v-smith-insd-2014.