Sue Fritz v. Charter Township of Comstock

463 F. App'x 493
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 15, 2012
Docket10-1973
StatusUnpublished
Cited by6 cases

This text of 463 F. App'x 493 (Sue Fritz v. Charter Township of Comstock) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sue Fritz v. Charter Township of Comstock, 463 F. App'x 493 (6th Cir. 2012).

Opinion

CLAY, Circuit Judge.

Plaintiff Sue Fritz, a former insurance agent with Farm Bureau Insurance (“Farm Bureau”), appeals the district court’s grant of summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure to Defendants Charter Township of Comstock (the “Township”) and Tim Hudson (“Hudson”). Plaintiff alleges that Defendants engaged in unlawful retaliation against her under 42 U.S.C. § 1983 for exercising her First Amendment right to publicly criticize the residents and Township officials of Comstock.

For the reasons set forth below, we AFFIRM the decision of the district court.

BACKGROUND

In February 2005, Plaintiff entered into a contract with Farm Bureau to become an independent agent affiliated with Farm Bureau. Her application for employment was approved by Richard Keilen (“Keilen”), an agency manager with Farm Bureau, and she became an “at will” employee with the company. In May of 2005, Plaintiff purchased a single-family home in the residential area of Comstock Township with the intent of converting the residence into a home office. Because Plaintiffs house was zoned for residential purposes,' she applied for a variance to the Comstock Township Zoning Board. The Township eventually amended its zoning ordinance to include “insurance office” under the definition of and restrictions applicable to “home occupation.” The following month, the Planning Commission approved Plaintiffs application for a Special Exception Use Permit, which allowed her to operate her business as a home office in a single family home.

Despite receiving permission to operate her insurance office in a residential district, Plaintiff was still required to comply with the Township’s zoning ordinances, which placed restrictions on signage, parking, employees, and alterations to the office, and also required her to use the home as her residence. Shortly after Plaintiff received approval for her home office, she placed a “Fritz Agency” sign on her front lawn and a second sign on her car parked on the driveway. The Township issued Plaintiff a signage violation for a non-complying sign. Plaintiff then requested a sign variance and attended a Zoning Board of Appeals meeting at which Plaintiffs request was denied. She alleged that at the zoning board meeting, several false statements were made about her and her business by residents and officials of Com-stock.

Many of Plaintiffs neighbors raised concerns with the Township and Farm Bureau about the appearance of her house and the signage. Residents complained that Plaintiffs house appeared “too business looking” and that she failed to comply with the zoning requirements. Keilen stated at his deposition that he received a number of complaints from residents in the community. He also learned that the neighbors planned to circulate a petition in the community to remove Plaintiffs home office from the neighborhood. Keilen wanted to maintain good public relations with the community and attempted to alleviate some of the conflict between Plaintiff and her neighbors. Keilen contacted Robert Luxmore (“Luxmore”), the regional director of agencies for Farm Bureau, to discuss the issues around Plaintiffs home office. Luxmore advised Keilen to contact the Township supervisor, Tim Hudson.

Keilen contacted Hudson on July 28, 2006, regarding Plaintiffs home office and asked a series of questions about the *495 Township ordinance, whether Plaintiff was in compliance with the ordinance, and the residents’ complaints. Keilen took notes to document the phone conversation. During this conversation, Keilen and Hudson also discussed Plaintiffs comments in planning commission meetings, a petition in the neighborhood against Plaintiff, and a letter to the editor written by Plaintiff in which Hudson alleged that she “bashed” Comstock. Hudson allegedly complained about Plaintiffs attendance at Comstock meetings as well as her public comments. Hudson warned Keilen that “Farm Bureau’s presence in Comstock was in jeopardy because of Ms. Fritz’s speech and conduct ... and that Comstock was allegedly in an uproar about it.” (R.1: Compl. ¶ 34-35.) Hudson allegedly stated to Keilen that there would be “adverse consequences to her and Farm Bureau from a public relations perspective.” (Id. at ¶ 32.) Hudson also allegedly stated that if Plaintiff “would tone down her speech and remove her sign, her problems might go away.” (Id. at ¶ 27.)

Shortly after Keilen’s conversation with Hudson, Keilen contacted Plaintiff to discuss a number of concerns raised by the Township residents and also to address whether Plaintiff was in compliance with the Township ordinances. Keilen requested Plaintiff to take down the sign in front of her house and to park the car in the garage when she is at home. According to Keilen, Plaintiff ignored his suggestions for the reason that she thought they were “foolish and [she] wasn’t going to comply with any of them.” (R.66-5: Keilen Dep. 43.)

Farm Bureau also conducted a separate investigation into Plaintiffs home office. In November 2006, Beth Goodman (“Goodman”), a former manager of commercial processing at Farm Bureau, initiated a separate investigation into some of the residents’ complaints about Plaintiffs home office. She also contacted Tim Hudson to further investigate the complaints received by Farm Bureau inquiring whether Plaintiffs office was in compliance with the Township ordinance. During Goodman’s conversation with Hudson, she learned for the first time about the Township zoning ordinance and was concerned that some of the Township’s policies were in direct conflict with Farm Bureau’s insurance requirements. In addition, Goodman also contacted Ken Sparks, the Township attorney, to further investigate the complaints. In January 2007, Goodman received a phone call from Sparks about complaints from the neighborhood about Plaintiffs home office. Sparks also wanted to know if Farm Bureau was internally handling the situation involving Plaintiff. Goodman acknowledged that “at that point [she] knew that the township’s requirements and our requirements weren’t going to work together.” (R. 69 — 19: Goodman Dep. 36.)

In addition to Plaintiffs contentious relationship with the Township residents, Plaintiff was also struggling to perform her job at an acceptable level. Plaintiff sent an email to Keilen on September 26, 2006, which Keilen interpreted as unprofessional, unacceptable, and close to insubordination. The email discussed Plaintiffs intention to stop working for the remainder of the month because she felt unmotivated to work. Keilen notified Plaintiff that her email and attitude could be grounds for termination and that her behavior would not be tolerated by Farm Bureau. Plaintiff acknowledged in her deposition that many of these email exchanges with Keilen were true and accurate.

The following month, Plaintiff and Keilen met in-person and Plaintiff expressed her frustration over being an agent and *496 that she found the work to be very demanding. Eeilen also discovered that Plaintiff failed to apply herself at career school, which all insurance agents were required to attend.

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

Related

Patrick Stockdale v. Kim Helper
979 F.3d 498 (Sixth Circuit, 2020)
Irving v. Carr
S.D. Ohio, 2019
Paige v. Coyner
867 F. Supp. 2d 975 (S.D. Ohio, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
463 F. App'x 493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sue-fritz-v-charter-township-of-comstock-ca6-2012.