Timmy Sykes v. Chattanooga Housing Authority

343 S.W.3d 18, 2011 Tenn. LEXIS 604, 2011 WL 2517145
CourtTennessee Supreme Court
DecidedJune 24, 2011
DocketE2008-00525-SC-R11-CV
StatusPublished
Cited by106 cases

This text of 343 S.W.3d 18 (Timmy Sykes v. Chattanooga Housing Authority) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Timmy Sykes v. Chattanooga Housing Authority, 343 S.W.3d 18, 2011 Tenn. LEXIS 604, 2011 WL 2517145 (Tenn. 2011).

Opinions

OPINION

SHARON G. LEE, J.,

delivered the opinion of the Court,

in which CORNELIA A. CLARK, C.J., JANICE M. HOLDER, and GARY R. WADE, JJ., joined.

The plaintiffs, former employees of the Chattanooga Housing Authority (“CHA”), brought retaliatory discharge actions against the CHA and the Chief of the CHA Public Safety Department, pursuant to the Tennessee Public Protection Act, Tennessee Code Annotated section 50-1-304 (2008 & Supp.2010), and the Tennessee Human Rights Act (“THRA”), Tennessee Code Annotated section 4-21-301 (2005). The trial court granted the defendants summary judgment on all claims. On appeal, the Court of Appeals vacated summary judgment on the THRA claim, finding genuine issues of material fact, and affirmed the trial court’s judgment in all other respects. We affirm the grant of summary judgment on the Tennessee Public Protection Act claims because the undisputed facts establish that the plaintiffs cannot prove the essential element of an exclusive causal relationship between the plaintiffs’ whistleblowing activity and their discharge, as required by the statute. We also affirm the Court of Appeals’ ruling vacating summary judgment in defendants’ favor on the THRA claims because there are genuine issues of disputed fact making summary judgment improper.

Factual and Procedural Background

Timmy Sykes and Curtis Greene were employed as criminal investigators by the CHA in its police department, also known as the Public Safety Department. Mr. Sykes was hired in July of 2002, shortly after the CHA Public Safety Department was created. Mr. Greene was hired as a criminal investigator in March of 2003.

On or around June 22, 2004, Chief Jeff Hazelwood of the CHA Public Safety Department and Assistant Chief Felix Vess met with Mr. Sykes. At the meeting, Chief Hazelwood presented Mr. Sykes [22]*22with a “performance counseling and plan for improvement” that documented problems and shortcomings with Mr. Sykes’ work as an investigator. The performance improvement plan noted that Mr. Sykes “is frequently late in reporting for duty, meetings, and assignments,” that more than once he “completely failed to report as directed or as promised,” that he “has failed to thoroughly investigate cases and/or ... close them in a timely manner,” and that he “has worked on days or times outside his normal duty hours without notifying his supervisor.” Assistant Chief Vess stated in his affidavit that at the meeting, “I recall Mr. Sykes yelling at Chief Hazelwood, pounding on the table, refusing to remain seated and discuss the Plan without yelling, and actually walking out on Chief Hazelwood at least a couple of times.” Mr. Sykes admitted in his deposition that he was “raging mad” and “really upset” at the meeting because he felt that the assessment of his job performance was unfounded and inaccurate.

In an internal memorandum of this meeting, dated June 24, 2004, Mr. Sykes stated that he was called into Chief Hazel-wood’s office, and that Chief Hazelwood and Assistant Chief Vess “beg[a]n to talk about my lack of performance and work ethics not meeting departmental standards.” Mr. Sykes further stated that as they “continued to talk regarding my performance this past month, I somewhat agreed with both of them. My lack of performance was due to personal problems from home, and my mother’s condition (Cancer Patient in Texas).” Mr. Sykes continued in the memorandum as follows:

I feel as though the actions of Chief Hazelwood are that of harassment and intimidation. I have disagreed on several occasions with Chief Hazelwood’s style and tactics of policing which I feel have violated citizens^] human rights. There are documented reports that show targeted racial profiling of “Men Per Development” ages 18-85, and a criminal trespass list that has over 1,000 men, ages 18-35 listed on it.... Upon submitting this document, I am requesting that this serve as an official grievance notification. I have met and spoke with the Tennessee Human Rights Commission who serve as a local governing authority in agreement with the Federal Equal Employment Opportunity Commission. I obtained a complaint package.

In July of 2004, Mr. Sykes and Mr. Greene met with Anne Henniss, the chairperson of the CHA Board of Commissioners, and told her of their concerns regarding what they considered to be illegal and discriminatory practices, including illegal searches and seizures and racial profiling, by Chief Hazelwood and Assistant Chief Vess. Ms. Henniss contacted Robert Dull, the Deputy Director of Asset Management for the CHA, and, according to his affidavit, “explained to me that Mr. Sykes and Mr. Greene had brought some serious concerns regarding the CHA Public Safety Department to her attention and that she wanted ... [Chief] Hazelwood to be fired due to these issues.” Mr. Dull told Ms. Henniss that there would have to be an investigation and contacted Andrew Lawrence, the CHA Human Resources Director, to ask him to meet with Mr. Sykes and Mr. Greene and investigate their claims.

On July 27, 2004, Mr. Lawrence met separately with Mr. Sykes and Mr. Greene. Both Mr. Greene and Mr. Sykes raised various concerns regarding the operation of the CHA Public Safety Department and Chief Hazelwood. Specifically, Mr. Lawrence stated in his deposition that Mr. Sykes told him that he “had concerns over racial profiling, illegal searches and [23]*23seizures, and the use of tactical gear” by the CHA police. According to Mr. Sykes’ affidavit, his concerns included that Chief Hazelwood “frequently told officers to write up the paperwork for incidents and crimes they did not witness;” that he and Assistant Chief Vess used abusive language with the CHA residents; and that Chief Hazelwood “has used the ‘N’ word in referring to residents.” Mr. Lawrence testified by affidavit that he assured Mr. Sykes and Mr. Greene that the issues they had raised would be investigated, and that they should let him know if they felt that retaliatory action had been taken against them for raising these concerns.

On August 25, 2004, immediately before Mr. Sykes was scheduled to meet with the federal Department of Housing and Urban Development’s [“HUD”] Office of Inspector General [“OIG”] on a matter unrelated to his grievances and allegations of impropriety, Mr. Sykes was given written notice that “[e]ffective immediately you are placed on administrative leave with pay pending the outcome of an internal investigation.” Assistant Chief Vess delivered the suspension notice, and he was accompanied by Mr. Lawrence and several CHA Public Safety officers and Chattanooga Police officers. Mr. Sykes testified that Assistant Chief Vess would not tell him the reason for his suspension, and “when I insisted on knowing the reason, Andrew Lawrence said my suspension was due [to] a complaint that I had made a sexual harassment remark toward a female resident.” Mr. Sykes filed a charge of discrimination with the Tennessee Human Rights Commission (“THRC”) immediately following his suspension.

At an August 19, 2004 residents’ council meeting, two CHA residents complained that Mr. Sykes had sexually harassed them and other female CHA residents. According to the CHA, Mr. Sykes was suspended as a result of these complaints. The ensuing investigation of these complaints brought to light other allegations of misconduct by Mr. Sykes in his capacity as a CHA investigator. Assistant Chief Vess testified in his affidavit that after Mr.

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Bluebook (online)
343 S.W.3d 18, 2011 Tenn. LEXIS 604, 2011 WL 2517145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/timmy-sykes-v-chattanooga-housing-authority-tenn-2011.