Will Singleton v. Select Specialty Hospital - Lexington

391 F. App'x 395
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 2, 2010
Docket09-5235, 09-5492
StatusUnpublished
Cited by5 cases

This text of 391 F. App'x 395 (Will Singleton v. Select Specialty Hospital - Lexington) 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
Will Singleton v. Select Specialty Hospital - Lexington, 391 F. App'x 395 (6th Cir. 2010).

Opinions

BOGGS, Circuit Judge.

Will Singleton (“Singleton”), who was employed as a Registered Nurse by the appellees (collectively “Select”), appeals from a decision of the district court granting Select’s motion for summary judgment on Singleton’s claim of unlawful retaliation under Title VII of the Civil Rights Act and its Kentucky state-law equivalent.1 Select alleges that it terminated Singleton for numerous and ongoing errors pertaining to Singleton’s documentation of narcotics administration and patient pain levels, which it discovered during an investigation it initiated following the discovery of a discrepancy in the count of a narcotic Singleton was responsible for administering. Because Singleton cannot establish that this rationale was a pretext for unlawful retaliation, we affirm the judgment of the district court.

I

Singleton, who is white, is a Registered Nurse who began employment with Select on August 30, 2004. Select operates a long-term acute care facility on one floor of Good Samaritan Hospital, in Lexington, Kentucky; among Select’s 42 beds are a four-bed intensive-care unit. During the approximately 19 months he worked for Select, Singleton was generally assigned to the ICU beds.

Singleton’s performance during much of his time at Select was considered at least adequate. Toward the end of his tenure at Select, however, Director of Clinical Services Kim McGowen began noting problems with Singleton’s documentation. The record indicates that she had a “counseling session” with Singleton on December 16, 2005, and recorded the following summary:

It was brought to my attention that Will’s charting needed improvement by Supervisor. Talked with Will on this night about improving his charting. Areas needed to improve Legibility and pain scale correlation. Will stated he had Dyslexia and at times he would get a few of his letters backwards. Told Will he needed to take his time so anyone that reviewed charts could read them. That I could hardly read his writing some nights and his pain documentation was terrible. He was told he needed to correlate the pain meds he was giving with the pain scale and Nurses[’] notes.

A follow-up note, dated February 1, 2006, indicated that McGowen “[tjalked to Will Singleton on the phone Feb 1st about pain documentation. Stated he understood the issue at hand and would improve. Chart[397]*397ing has not improved....” At her deposition, McGowen testified that “I always felt like Will was a good nurse. I didn’t have any problems with Will until probably sometime in November [2005].” In November 2005, McGowen said, Singleton “just sort of changed”; his writing became more illegible, and his attitude worsened to the point that he began having conflicts with other RNs working in his unit.

In the meantime, Singleton had begun making formal complaints. On October 5, 2005, he wrote to McGowen to make various allegations about Pam Clouse, a “Charge Nurse” who supervised shifts. One of those complaints alleged that Clouse had told him two racist jokes. In response, McGowen conducted an investigation that eventually determined that, though no one else claimed to have heard Clouse tell racially offensive jokes, one employee had heard her use the term “wetback” on one occasion. McGowen informed Clouse that the term was offensive, unacceptable, and against Select policy, and could be grounds for termination.

Singleton again complained to McGowen about Clouse on November 5, 2005. On that date, he wrote a letter “to inform you of the racial jokes that Pam Clouse is telling to people at work. Tonight she told 2 jokes about blacks and Mexicans. She is continually talking about blacks.” McGowen investigated, but despite speaking with (she believes) every night-shift employee she again could find no one who had heard Clouse tell these jokes. Nevertheless, she told all employees that racial comments would not be tolerated and that any such comments should be brought to her attention; she also spoke to Clouse and told her that “if there were any further reports that she had engaged in additional conduct of the type Will reported, she would be fired.” No further accusations of racist language or jokes were brought against Clouse by anyone.

Singleton’s next complaint occurred on February 27, 2006, when he faxed a letter to Select’s Regional Human Resources Director, Josceylon Buchs. After making several unrelated complaints, Singleton included a section under the heading “It pays to be Married to Rosa” in which he complained that “Bill is a prn aid here at select. Yet if is Bill-vs-black-tech-vs-woman. Bill works and ‘they' stay home.” He then included a list of dates and names, purporting to demonstrate that “Bill” had worked on instances when the hospital had called off others who should have received priority. The letter itself did not identify which of the listed employees were black, white, male, or female; however, according to Singleton’s brief on appeal, the list showed that four black employees had been called off a total of twelve times, whereas three white employees had been called off only three times.

In response to Singleton’s February 27 letter, McGowen conducted an investigation and wrote a two-and-a-half page email to Select Specialty Hospital Lexington, Inc.’s CEO Rick Daugherty, in which she appears to have reconstructed the scheduling decisions on the dates identified by Singleton. In so doing, her email appears to establish that every such decision either conformed with Select’s policies with respect to the order in which employees were to be called off or, if they deviated from that order, they did so for a legitimate reason (typically because the employees not utilized had requested that they be called off earlier than they would otherwise be). No further action was taken to investigate.

The next significant occurrence happened on March 4-5, 2006, while Singleton was working a 7:00 p.m.-to-7:00 a.m. shift. On that shift, as on his others, Singleton [398]*398had access to a “Med Dispense” machine, which is an electronically locked cabinet that stores and dispenses pharmaceuticals. Nurses administering drugs contained in the Med Dispense machine are required to enter an employee I.D. and password, perform a count of the drug present in the relevant drawer and match that number to the count kept by the machine, and then adjust the machine’s count to account for whatever number of pills/capsules they are removing. Among the pharmaceuticals stored in the Med Dispense machine was Dilaudid, a Schedule II narcotic.

The “end of shift” count of Dilaudid conducted at 7:14 p.m. on March 4, 2006— fourteen minutes after Singleton’s shift began — indicated that there were 36 Dilaudid tabs in the Med Dispense machine. The dispense report generated by the machine indicated that, following the end-of-shift count, Singleton was the next person to access Dilaudid. At 8:42, he was shown on the report as removing three tabs. He then accessed Dilaudid again at 1:15 a.m. to remove another three pills, with no one else having done so in the interim. At that time, Singleton notified Clouse, who was the supervisor on duty, that the physical count prior to his removing medication was 30, whereas the machine’s count was 33. A subsequent “full system count” revealed that a different medication, Versed, was three pills over its machine count.

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