Strong v. Grambling State University

159 F. Supp. 3d 697, 2015 U.S. Dist. LEXIS 38634, 2015 WL 1401335
CourtDistrict Court, W.D. Louisiana
DecidedMarch 25, 2015
DocketNo. 3:13-CV-00808-DEW-KLH
StatusPublished
Cited by5 cases

This text of 159 F. Supp. 3d 697 (Strong v. Grambling State University) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Strong v. Grambling State University, 159 F. Supp. 3d 697, 2015 U.S. Dist. LEXIS 38634, 2015 WL 1401335 (W.D. La. 2015).

Opinion

MEMORANDUM RULING

DONALD E. WALTER, District Judge.

Before the court are two motions filed by the defendants: (1) the “Motion for Summary Judgment Regarding Claims against GSU Employee Defendants,” [Doc. 78];1 and (2) the “Motion for Summary Judgment Regarding Claims against Grambling State University, Board of Supervisors for the University of Louisiana System, and Board Members,” [Doc. # 79]2 Plaintiff Avaine Strong (“Strong”) opposes the motions. [Docs. ## 83, 84, 92], Because the motions are nearly identical and address substantially the same issues, the court will address them simultaneously.3 For the following reasons, both motions are GRANTED.

I. BackgRound

Strong, an African-American male, is a professor of Mathematics and Physics at Grambling State University (“Grambling”). He began his career at Grambling as a visiting professor in January 2001, and was [704]*704thereafter hired as an assistant professor in the Department of Mathematics and Computer Science. [Doc. # 84, p. 1]. In 2006, he was named the head of the Department of Physics. Id. He attained tenure in 2007. Id.

In 2011] Strong was named the interim head of the newly-merged department of Mathematics and Physics. Id. Strong did not receive a raise, nor did he receive extra-services pay. Id. The administration cited budgetary constraints and the fact that Strong was already a department head as justifications for his salary remaining unchanged. Id. Strong filed an administrative grievance in an effort to raise his pay, but was unsuccessful. Id. In a separate grievance, Strong successfully secured the payment of a previously unpaid $5,000.00 cash prize in connection with an “Excellence in Teaching” award that Strong had won. Id.

Strong stepped down as interim department head in August 2012 in protest over the amount of his compensation relative to his workload. Id. at 1-2. Thereafter, he continued to work full-time as a tenured professor at Grambling, and he is still working in that capacity today. [Doc. # 78-1, p. 1 at ¶ 1; Doc. # 84-1, p. 1, at ¶1],

On December 13, 2012, Strong filed a discrimination complaint against Gram-bling with the Equal Employment Opportunity Commission (“EEOC”). [Doc. # 78-7, p. 111]. Therein, he claimed that he was discriminated against during his term as interim department head. Strong alleged that an unnamed Grambling professor was offered to head the department permanently at a higher salary than that which Strong received. According to Strong, the alleged offer disproved the administration’s justifications for Strong’s lower salary. Id. Strong further claimed that two female professors were offered higher salaries as “coordinator of english” than the salary Strong received as interim department head. Id. Strong asserted that the foregoing actions were based on his status as a black male and were also taken in retaliation for his grievances. Id. Finding no evidence of discrimination, the EEOC denied Strong’s claim, and issued a notice of rights letter on February 7, 2013. [Doc. # 1, p. 7]. The instant suit was timely filed on April 30, 2013. [Doc. # 1].

Strong’s complaint, as amended, makes numerous vague assertions against a litany of defendants. [Doc. # 23]. Generally, Strong claims to have been grossly mistreated by the Grambling administration, whose actions were then ratified by the University of Louisiana System Board of Supervisors (“the UL System Board”). Strong argues that the mistreatment amounted to a violation of his constitutional rights. Strong references “unlawful discriminatory practices (including sexual), negligence, gross negligence, harassment (hostile environment), illegal hiring and promotion practices, payroll fraud, violation of equal pay, retaliation, violation of due process, deprivation of honest services, and conspiracy.” [Doc. #23, p. 2]. He specifically claims that the defendants’ collective actions violated 42 U.S.C. §§ 1981, 1983, 1985, 1986, & 1988; Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e, et seq.); the Equal Pay Act (29 U.S.C. § 206(d)(1)); and 18 U.S.C. § 1346. Id.

Strong particularly focuses on the actions of defendant Connie Walton (“Walton”), who is the Dean of Grambling’s College of Arts & Sciences and Vice Pres-ideni/Provost of Academic Affairs. Id. at 6-7. Walton supervised several departments, including Strong’s, during the time period in question. In the instant suit, Strong claims that Walton specifically discriminated because he is a heterosexual black male. Id. at 7. In other words, [705]*705Strong alleges that Walton, in conjunction with all other named defendants, provides preferential treatment to women and homosexuals. Id. He further complains that Walton’s retaliatory actions and statements show that she “has a propensity and a history of vindictiveness.” Id.

In total, plaintiff seeks nearly $8 million in compensatory damages, punitive damages, attorneys’ fees, interest, and costs. Id. at 15. He also demands that “positions be revisited, vetted, and filled according to fairness, competency, qualifications, and that salaries be awarded based on qualifications and experiences.” Id. Finally, he requests that defendants “restore Plaintiff’s respect, good name, and reputation throughout and within the Grambling community.” Id.

Defendants now move for summary judgment, claiming immunity and a complete lack of evidence supporting any of Strong’s claims.

II. Summary Judgment Standard

Federal Rule of Civil Procedure 56(a) directs that a court “shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” A fact is “material” if it may affect the outcome of the suit under governing law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A dispute is “genuine” if there is sufficient evidence so that a reasonable jury could return a verdict for either party. Id. The court must “review the facts drawing all inferences most favorable to the party opposing the motion.” Reid v. State Farm Mut. Auto. Ins. Co., 784 F.2d 577, 578 (5th Cir.1986) (citing United States Steel Corp. v. Darby, 516 F.2d 961 (5th Cir.1975)).

The moving party bears the initial responsibility of informing the court of the basis for its motion and identifying those parts of the record that it believes demonstrate the absence of a genuine dispute as to any material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Lawrence v. Univ. of Tex. Med. Branch at Galveston, 163 F.3d 309, 311 (5th Cir.1999).

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159 F. Supp. 3d 697, 2015 U.S. Dist. LEXIS 38634, 2015 WL 1401335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strong-v-grambling-state-university-lawd-2015.