Tony A. Wilson v. Lucy Farley

203 F. App'x 239
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 8, 2006
Docket06-10417
StatusUnpublished
Cited by15 cases

This text of 203 F. App'x 239 (Tony A. Wilson v. Lucy Farley) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tony A. Wilson v. Lucy Farley, 203 F. App'x 239 (11th Cir. 2006).

Opinion

PER CURIAM:

Tony A. Wilson appeals the district court’s grant of summary judgment in favor of appellees, his former employer, the Florida Department of Children and Families and ten of his former co-workers in their individual and official capacities (collectively, “DCF”), and denial of his motion for reconsideration as to his race discrimination and related claims. Because we *242 conclude that (1) Wilson did not establish a prima facie case of retaliation, (2) Wilson was afforded adequate opportunity to clear his name regarding the reasons given for his termination, and (3) the individual defendants did not violate any of Wilson’s constitutional rights and were entitled to qualified immunity, the district court did not err in granting the defendants’ motion for summary judgment. Additionally, because the court had the power to control its docket and Wilson did not allege that he was prejudiced by any delay, we conclude that the district court did not abuse its discretion in ordering the parties to delay their motions for summary judgment. Neither did the district court abuse its discretion in setting aside the entry of default judgment. Accordingly, we AFFIRM the district court’s grant of summary judgment in favor of defendants and its denial of Wilson’s motion for reconsideration. Finally, because appellees’ brief complies with the Federal Rules of Appellate Procedure and Wilson had the opportunity to respond to any factual allegations in his reply brief, Wilson’s motion to strike is DENIED.

I. BACKGROUND

Wilson, an African American male, filed an action alleging retaliation in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000e-2, 42 U.S.C. §§ 1981 and 1983, and the Florida CM Rights Act (“FCRA”), Fla. Stat. § 760.01-760.11 and 509.092. Wilson alleged that he had become a “Florida Career Service Employee” in June 2001 and that his district program manager, Lucy Farley, had terminated him in February 2002 for “conduct unbecoming a public employee, insubordination, and disruptive conduct,” but actually because he had complained of race discrimination. R3-142 at 2 (emphasis omitted).

Wilson further alleged that, from September 2001 to November 2001, he had held “an objectively good faith reasonable belief that” his co-worker, William Day, was treating him differently from co-workers because of his race. Id. Wilson claimed that, as a result of his complaints about Day’s conduct, Farley and Roger Williams retaliated against Wilson by falsely stating that Wilson had failed to insert the four paragraphs into his case plans 1 and, later, by terminating him. Wilson also alleged that he had provided Farley with the following information: (1) a 7 September 2001 complaint, addressed to Fannie Green and Eddie Gibson, Wilson’s supervisors, about Day’s treating Wilson “differently than the other court workers, because of his race and using the case plans to harass [him]”; discriminatory and harassing conduct toward Wilson; (2) a 6 November 2001 complaint, addressed to Gibson and Ann Hendricks, Day’s supervisor, regarding the same; (3) information that, on 6 November 2001, Wilson had mailed a complaint to the DCF’s office of civil rights (“OCR”) and the Equal Employment Opportunity Commission (“EEOC”); and (4) an email, which Wilson originally sent to Gibson and Hendricks on 7 November 2001 to inform them that he had sent a complaint to the DCF/OCR and the EEOC. Id. at 4. Wilson further stated that his supervisors never investigated either his complaints against Day or the conduct that they alleged Wilson committed.

In the next two counts of the complaint, Wilson reiterated his retaliatory discharge claim as against the DCF and also pursu *243 ant to the FCRA. The fourth count, brought pursuant to 42 U.S.C. § 1983, alleged that the DCF had deprived Wilson of his due process rights. Wilson explained that he had been deprived of a meaningful opportunity to be heard regarding the charges against him or for a post-termination name-clearing hearing. Wilson acknowledged that the DCF provided him with a predetermination letter prior to his termination, but asserted that the letter was insufficient to safeguard his liberty interest. Wilson also raised due process claims in the fifth and sixth counts. In the last three counts, Wilson alleged that the DCF had engaged in pre-hiring retaliation, in violation of 42 U.S.C. § 1981, when it relied on the information regarding Wilson’s termination as grounds for refusing to hire Wilson for the positions of Protective Investigator, Attorney, or Child Protective Investigator.

After Wilson had filed a second amended complaint, he moved the district court to enter default judgment against the DCF because it had not timely responded to the summons and second amended complaint. The clerk entered default judgment. However, upon the motion of the DCF, the district court set aside the default judgment, finding that defendants had “shown good cause” by way of demonstrating excusable neglect in that the complaint had not been properly served upon them. Rl-36 at 5; R2-54.

In answer to Wilson’s third amended complaint, the DCF denied Wilson’s material allegations that it had retaliated against him, but admitted that certain DCF personnel, including Hendricks, Day, and Farley, had been aware of Wilson’s racial discrimination complaint made on 6 and 7 November 2001. The DCF also admitted that Wilson had sent an email on 7 November 2001 in which he stated that he had sent a complaint of disparate treatment to the EEOC, but the DCF denied that the email indicated that race was the basis for the treatment. Additionally, the DCF set forth affirmative defenses, including that the individual defendants were entitled to qualified immunity.

Wilson subsequently moved for summary judgment on the Title VII, 42 U.S.C. § 1983, FCRA, and liberty interest claims. The DCF also moved for summary judgment, arguing that Wilson had not set forth a prima, facie case of retaliation, the DCF was not on notice of the alleged harassment, and Wilson could not show causation or pretext. Concerning Wilson’s due process claims, the DCF argued that Wilson had received due process by way of the predetermination letter of 18 December 2001, which detailed Wilson’s alleged conduct violations, and the opportunity to attend the predetermination hearing at which Wilson failed to appear. The DCF also pointed out that Wilson could have attended a post-termination hearing through the Public Employees Relations Commission (“PERC”), but that he failed to do so.

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Cite This Page — Counsel Stack

Bluebook (online)
203 F. App'x 239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tony-a-wilson-v-lucy-farley-ca11-2006.