Sorenson v. City of Caldwell

122 F. Supp. 3d 1022, 2015 U.S. Dist. LEXIS 107542, 2015 WL 4874943
CourtDistrict Court, D. Idaho
DecidedAugust 13, 2015
DocketCase No. 1:14-cv-00221-BLW
StatusPublished

This text of 122 F. Supp. 3d 1022 (Sorenson v. City of Caldwell) is published on Counsel Stack Legal Research, covering District Court, D. Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sorenson v. City of Caldwell, 122 F. Supp. 3d 1022, 2015 U.S. Dist. LEXIS 107542, 2015 WL 4874943 (D. Idaho 2015).

Opinion

MEMORANDUM DECISION AND ORDER

B. LYNN WINMILL, Chief Judge.

INTRODUCTION

Pending before the Court is Defendant City of Caldwell’s (Caldwell) Motion for Summary Judgment (Dkt. 22). The Court has reviewed the briefs submitted by the parties and, after a hearing on -this matter conducted on July 20, 2015, enters -the following Order granting Caldwell’s motion.

BACKGROUND

Plaintiff Lynn Sorenson sued Caldwell claiming that he was constructively discharged due to an age-based hostile work environment and that he was retaliated against by Caldwell, all in violation of the Federal Age Discrimination in Employment Act- (“ADEA”) and the Idaho Human Rights Act (“IHRA”). Am. Compl. ¶¶ 23-36. Caldwell seeks summary judgment on Sorenson’s claims.

Sorenson was hired to work for Caldwell’s Parks Department in April 2008. Def. Statement of Facts ¶ 1, Dkt. 22-2. Sorenson’s direct supervisor was Vinton Howell, who reported to ElJay Waite, the City Finance Director and'Treasurer, who reported to Mayor Garret Naneólas. Id, Sorenson’s work would often take him to the Purple Sage and Fairview golf courses, where Ken Wheeler worked as the Golf Superintendent. Id. ¶2. Wheeler would often use inappropriate age-related language and profahities with Sorenson. Am. Compl. ¶ 10. Sorenson alleges that this problem was not adequately addressed despite multiple complaints to city officials. Id. ¶¶ 10-13.

In August 2011, Caldwell merged the Parks Department, city golf courses, and cemetery to become the Land and Facilities Department. Def. Statement of Facts ¶2, Dkt. 22-2. As part of this merger, Wheeler was promoted to the newly created position of Land and Facilities Superintendent, overseeing all three parts of the new department. Id. Under the new structure, the Parks employees, including Sorenson, were supervised by Howell, who reported to Wheeler. Id. ¶¶ 1-2.

On February 27, 2012, Monica Jones, Caldwell’s Human Resources Director, had a ’series of meetings with Sorenson and other Parks employees. Id. ¶4. During the course of those meetings, Jones received information that Wheeler was making age-related comments to Sorenson as well as profane comments to other employees. Id. Subsequently, Wheeler was instructed to not enter the Park’s building, [1025]*1025to not directly contact Parks employees, and to not make age-related comments to Sorenson. Pi’s Statement of Facts, ¶¶8-9, Dkt. 25-1. Determined to resolve the conflict, Sorenson encouraged the other Parks employees to work together with Wheeler. Id. ¶ 12. In violation of his superior’s orders, Wheeler entered the Parks building on March 20, 2012, made derogatory age-related remarks to Soren-son, and physically assaulted another Parks employee who was under the age of 40. Id. ..

Although Sorenson attempted to contact Howell by phone that same day, he did not tell Howell about the March 20th incident until March 21st. Id. ¶ 13. The following day, Sorenson met with Jones and Waite to discuss- the encounter. ■ Id. ¶ 14. After the meeting, Waite ordered Wheeler to not have any contact with Sorenson. Def. Statement of Facts ¶ 9, Dkt. 22-2.. .Wheeler appears to have complied since that time. Id.

. Jones commenced an investigation into the incident on April 2, 2pl2 and placed Wheeler on administrative leave. Id. ¶ 10.. After the investigation was concluded, Wheeler was suspended for three days without pay, placed on six-month probation, and ordered to attend training. Id. ¶ 14. In addition, Caldwell essentially disbanded the Land and Facilities Department and put Wheeler back in his prior position as Golf Superintendent of the Golf Department. Id.

Jones and Waite met with Sorenson on April 16, 2012 to discuss the investigation. Pl.’s Statement of Facts, ¶ 16, Dkt. 25-1. Sorenson asked Jones and Waite to disclose the disciplinary actions taken against Wheeler but they refused, citing Caldwell’s policy to keep all disciplinary actions confidential. Def. ’s Audio Recording, Track 4, 5:13 — 5:30, Dkt. 22-14. However, Waite continually stated that appropriate action had been taken against Wheeler and that Sorenson was protected and did not need to worry about Wheeler anymore. Id. at 1:06:25 — 1:06:35. During that same meeting, Jones expressed her frustration that Sorenson did not follow Caldwell’s policy in reporting the harassment, and threatened Sorenson that she could “fire him right now.” PI’s Statement of Facts, ¶ 16, Dkt. 25-1.

On April 20, 2012, Sorenson met with Howell and resigned. Def. Statement of Facts ¶ 19, Dkt. 22-2.' Sorenson stated that he was not comfortable working at the Parks Department anymore even though "Wheeler was now separated from the Parks Department.’ Def. ’s Audio Recording, Track 3, 25:25 — 25:50, Dkt. 22-14. Sorenson did not" believe it was possible to avoid contact with Wheeler and that Wheeler would inevitably lash out against him again. Id. at 28:05 — 28:52. ■

LEGAL STANDARD

Summary judgment is appropriate- where a party can show that, as -to any claim or defense, “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.”. Fed.R.Civ.P. 56(a). One of the principal purposes of .the summary judgment “is to isolate and dispose of factually unsupported claims....” Celotex Corp. v. Catrett, 477 U.S. 317, 323-24, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). It is “not a disfavored procedural shortcut,” but is instead the “principal tool[] by which factually insufficient claims or defenses [can] be isolated and prevented from going to trial with the attendant unwarranted consumption of public and private resources.” Id. at 327, 106 S.Ct, 2548. “[T]he mere existence of some alleged factual dispute between the parties will not defeat an’Otherwise properly supported motion for ■ summary judgment.” Anderson v. Liberty Lobby, Inc., 477 U.S. [1026]*1026242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). There must be a genuine dispute as to any material fact — a fact “that may affect the outcome of the case.” Id. at 248, 106 S.Ct. 2505.

The evidence must be viewed in the light most favorable to the non-moving party, and the Court must not make credibility findings. Id. at 255, 106 S.Ct. 2505. Direct testimony of the non-movant must be believed, however implausible. Leslie v. Grupo ICA, 198 F.3d 1152, 1159 (9th Cir.1999). On the other hand, the Court is not required to adopt unreasonable inferences from circumstantial evidence. McLaughlin v. Liu, 849 F.2d 1205, 1208 (9th Cir.1988).

The moving party bears the initial burden of demonstrating .the absence of a genuine dispute as to material fact. Devereaux v. Abbey, 263 F.3d 1070, 1076 (9th Cir.2001) (en banc).

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Bluebook (online)
122 F. Supp. 3d 1022, 2015 U.S. Dist. LEXIS 107542, 2015 WL 4874943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sorenson-v-city-of-caldwell-idd-2015.