Short v. Immokalee Water & Sewer District

888 F. Supp. 139, 68 Fair Empl. Prac. Cas. (BNA) 445, 1995 U.S. Dist. LEXIS 8088
CourtDistrict Court, M.D. Florida
DecidedJune 5, 1995
DocketNo. 93-350-CIV-FTM-17D
StatusPublished

This text of 888 F. Supp. 139 (Short v. Immokalee Water & Sewer District) 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
Short v. Immokalee Water & Sewer District, 888 F. Supp. 139, 68 Fair Empl. Prac. Cas. (BNA) 445, 1995 U.S. Dist. LEXIS 8088 (M.D. Fla. 1995).

Opinion

ORDER ON MOTION FOR SUMMARY JUDGMENT

KOVACHEVICH, District Judge.

THIS CAUSE is before the Court on Defendant’s Motion for Summary Judgment (Docket Nos. 31-34) and Plaintiffs Response and Request for Oral Argument (42-44).

BACKGROUND

Plaintiff, SHORT, has filed a complaint against the defendant, Immokalee Water and Sewer District, alleging racial discrimination under 42 U.S.C. § 2000e (Title VII) and 42 U.S.C. § 1981.

In order to fully evaluate the Defendant’s motion for summary judgment, it is this Court’s belief that a thorough recitation of the relevant facts is required. Plaintiff is an African-American who was hired in July of 1989 as the supervisor of the Immokalee sewer department plant and field. (Docket No. 34, at 59). The “chain of command” for employees at the plant was quite informal, with there being no apparent job titles or descriptions for many of the plant’s employees. But on occasion, it was necessary for Plaintiff to give directions and require assistance of his fellow plant workers in order to ensure that the plant was being correctly maintained.

[141]*141Plaintiff had numerous confrontations with many of the other employees at the plant which led to severe morale problems throughout the plant. Part of this problem appears to have stemmed from the fact that Plaintiff felt that the other employees did not respect the authority of his position. As a result, friction was created between Plaintiff and other employees, leading to a series of complaints to upper management of the sewer plant.

Two months prior to the termination of Plaintiff, the Defendant brought in Mr. Hayes to examine and oversee plant activity. Mr. Hayes’s job was to try to help solve some of the problems that were taking place in the district. (Docket No. 45 at 8). Based on his observations of the Immokalee plant, and the actions of Plaintiff in particular, Mr. Hayes decided to terminate Plaintiff in July of 1991. In an affidavit given by Mr. Hayes, he expressed the beliefs that:

Short was unable to sustain acceptable levels of personal interaction with his coworkers. Short was unable to maintain good relationships with the company employees and office staff. Short could not get along with the majority of other employees. Id. at 21, 22.

In essence, it was Mr. Hayes’s belief that Plaintiff was the root of most of the personnel problems which occurred at the plant; and, that fact, combined with his belief that Plaintiff lacked the proper managerial skills necessary to perform as plant supervisor, led to Mr. Hayes’s decision to terminate Plaintiff. Id. at 49.

Plaintiff raised three incidents of discrimination in his complaint:

1.Plaintiff claims he was discriminated against because the other non-African-American supervisors had the power to give directions to employees while he was specifically limited in his power to give orders. However, this limitation was implemented and enforced only by the District Manager of the plant, James Coker, who was later fired for lack of managerial skills. Id. at 69. This claim centered around the fact that Mr. Coker told Plaintiff that he was in charge of a certain employee (Garcia) and then, the District Manager instructed Garcia to answer only to him and not Plaintiff. Thus, tension arose between Plaintiff and the employee and Plaintiff points to this incident as the beginning of the discriminatory practices against him. “They (his co-workers) didn’t like me because — basically, because I was a Negro.” Id. at 76.
2. Plaintiff also alleges that another instance of discrimination occurred when he reported to Mr. Coker and to upper management about another employee’s supposed lying and falsification of reports; yet, no disciplinary action was taken against the employee. Plaintiff asserts that the inaction of upper management was in some way related to a scheme to have Plaintiff terminated and replaced with a white supervisor. Id. at 78.
3. Finally, Plaintiff alleges that he was discriminated against by the board of the plant because he was never formally invited to attend and give a report at a board meeting, while the other two supervisors at the plant had been given the opportunity to attend board meetings. Id. at 80. It is also apparent from the record that Plaintiff never made any request to Mr. Coker or to a board member to attend any of these aforementioned board meetings.

Plaintiff also points out two specific occurrences which may shed some light on the racial attitude of Mr. Hayes towards African-Americans. Id. at 88-90. Plaintiff asserts that: 1) Mr. Hayes’s son was killed by some blacks which may have caused him to “have a hang up” against blacks and 2) that on one specific morning Mr. Hayes exclaimed to an employee named Chris (who was later fired by Plaintiff) that he was “doing some work for some niggers and, you know how niggers are, you can’t never please them”. Id. at 90. Chris allegedly related this story to Plaintiff and to two other employees (Carlos Appontay and Clyde Newton) at the plant. Plaintiff asserts that these two occurrences create a genuine issue of fact as to whether the decision of Mr. Hayes to terminate Plaintiff was racially motivated.

STANDARD OF REVIEW

Summary judgment should only be entered when the moving party has sustained [142]*142its burden of showing the absence of a genuine issue as to any material fact when all the evidence is viewed in the light most favorable to the non-moving party. Sweat v. Miller Brewing Co., 708 F.2d 655 (11th Cir.1983). Summary judgment is mandated when a plaintiff “fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986).

In Celotex, the United States Supreme Court held:

In our view, the plain language of Rule 56(e) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s ease, and on which the party will bear the burden of proof at trial. Id. at 322, 106 S.Ct. at 2552.

“It is not part of the court’s function, when deciding a motion for summary judgment, to decide issues of material fact, but rather decide whether such issues exist to be tried. The Court must avoid weighing conflicting evidence or making credibility determinations.” Hairston v. Gainesville Sun Publishing Co., 9 F.3d 913, 919 (11th Cir.1993), citing Anderson v. Liberty Lobby, 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

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888 F. Supp. 139, 68 Fair Empl. Prac. Cas. (BNA) 445, 1995 U.S. Dist. LEXIS 8088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/short-v-immokalee-water-sewer-district-flmd-1995.