Taylor v. City of Shreveport

49 F. Supp. 3d 477, 2014 U.S. Dist. LEXIS 134816, 2014 WL 4792108
CourtDistrict Court, W.D. Louisiana
DecidedSeptember 24, 2014
DocketCivil Action No. 13-2227
StatusPublished

This text of 49 F. Supp. 3d 477 (Taylor v. City of Shreveport) 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
Taylor v. City of Shreveport, 49 F. Supp. 3d 477, 2014 U.S. Dist. LEXIS 134816, 2014 WL 4792108 (W.D. La. 2014).

Opinion

MEMORANDUM RULING

ELIZABETH E. FOOTE, District Judge.

Before the Court is a motion to dismiss the Plaintiffs’ claims, filed by the Defendants, City of Shreveport (the “City”), Willie Shaw, Jr., Duane Huddelston, David Kent, and Debbie Strickland. [Record Document 20]. In this motion, the Defendants seek to dismiss all remaining claims filed by the Plaintiffs, Fred Taylor, Vickie Williams, Jessica Walker, and Michael Carter. The Plaintiffs oppose the Defendants’ motion. [Record Document 22]. For the reasons that follow, the Defendants’ motion to dismiss shall be GRANTED, and the Plaintiffs’ claims against the Defendants are DISMISSED.

I. FACTUAL BACKGROUND.

The Plaintiffs filed a “Class Action Petition” in Louisiana State Court, alleging that the City’s revised sick leave policy (the “Policy”) for the Shreveport Police Department is unlawful and has violated the rights of the Plaintiffs, all of whom are Shreveport police officers. First, the Plaintiffs challenge SPD 301.06(V)(C)(6) and SPD 301.06(V)(F)(5)(a), which, in concert, provide that sick leave taken for longer than fifteen consecutive days may result in a permanent transfer or reassignment to a different shift to ensure the effective operation of the Department. See Record Document 3-2, pp. 5 & 8. A subsequent provision states that officers will be assigned to the Human Resources Department after fifteen consecutive days of sick leave. Record Document 3-2, p. 8. The Plaintiffs assert that “automatically transferring an officer on extended sick leave to the Human Resources Department deprives officers of their seniority within their shift and working unit solely due to their being on extended sick leave and therefore effects a condition of the officer’s employment due to a disability and/or the department’s perception that the officer has a disability.” Record Document 16, p. 3. The Plaintiffs also challenge the application of this policy to Plaintiff Walker, who is pregnant. Because of her pregnancy, Plaintiff Walker will be required to take extended sick leave and fears she will be transferred to Human Resources, thereby losing seniority on her shift in her unit and/or losing her shift and assignment permanently. See id. at p. 9.

Second, the Plaintiffs lodge an equal protection challenge, alleging that the Policy is being applied to some officers, but [481]*481not others. Plaintiff Walker asserts that the Policy was applied to her, but was not applied to “at least one black female supervisor” and “other officers (usually supervisors) ----” Id. at 10.

Third, the Plaintiffs challenge SPD 301.06(V)(F)(1), (2), and (3), which require disclosure of medical information upon the use of sick leave. These provisions provide that for any sick leave event, the officer must provide certain information to his supervisor, including his name, address, telephone number, nature of illness or injury, whether the illness or injury was sustained in the performance of duty, and the name of the health care provider, if any, who has been consulted about the illness or injury. See Record Document 3-2, pp. 7-8. If the officer takes more than two days of undocumented sick leave,1 then on the third sick leave event and every subsequent event in that year, the officer must complete an SPD-3 form,2 referred to in the Policy as a Sick Leave Certificate.3 See id. The SPD-3 form requires the health care provider to identify the officer’s 'complaint or diagnosis, the treatment provided, complications, date of examination, work status, whether there exists a chronic condition requiring further absences, and the prognosis. See id. at p. 13. SPD-3 forms are to be maintained in the Human Resources Department. See id. at p. 8.

The Plaintiffs assert that these requirements, which allow the Shreveport Police Department to learn of an officer’s medical information, violate the Americans with Disabilities Act (“ADA”), the Rehabilitation Act, the Louisiana Constitution, and the Louisiana Employment Discrimination Statute. Further, the Plaintiffs complain that these requirements force them to pay for medical appointments or use insurance to pay for appointments simply to be able to comply with the Policy requiring the SPD-3. Moreover, the Plaintiffs believe their confidential medical information is not being securely maintained and/or kept confidential, such that they have a cause of action for improper disclosure. In fact, Plaintiff Walker asserts that her medical information was improperly disclosed, in that her supervisors discussed her medical condition without her permission or consent, and allegedly without any legitimate need. Further, these disclosures were made within hearing of other officers. According to Plaintiff Walker, the conversation implied that she was being dishonest about her medical condition, and this implication caused her to suffer stress, embarrassment, and damage to her reputation.

Finally, Plaintiff Williams complains that, pursuant to the Policy, she was forced to work a scheduled day off after having taken sick leave, which thereby deprived her of having a paid sick leave day.

The Defendants removed the case to federal court and quickly filed a motion to dismiss, which the Plaintiffs opposed. See Record Documents 3, 6, & 7. The complaint was, by and large, so woefully deficient that the Court could not decipher the legal basis for the majority of the claims, nor could it determine whether sufficient facts were alleged to support the claims. At oral argument, the Court granted in part the Defendants’ motion to dismiss, [482]*482thereby dismissing a number of claims. The Court permitted the Plaintiffs to amend the complaint to reallege some claims and also allowed the Defendants the opportunity to reurge their motion to dismiss on all remaining claims.4

The Plaintiffs filed a amended complaint [Record Document 16] and a second amended complaint [Record Document 19]. The Defendants then filed the instant motion to dismiss. [Record Document 20].

II. LAW AND ANALYSIS.

Federal Rule of Civil Procedure 8 requires a short and plain statement of the claim showing the pleader is entitled to relief. A complaint is not required to contain detailed factual allegations, however, “a plaintiffs obligation to provide the grounds of his entitle[ment] to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964-65, 167 L.Ed.2d 929 (2007) (internal marks and citations omitted). “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (internal marks omitted). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. This plausibility requirement “asks for more than a sheer possibility that a defendant has acted unlawfully.” Id.

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Bluebook (online)
49 F. Supp. 3d 477, 2014 U.S. Dist. LEXIS 134816, 2014 WL 4792108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-city-of-shreveport-lawd-2014.