Arthur Mitchell v. City of Naples
Opinion
*368 Danny Mills and Dennis Chartier, the defendants-appellants, were each mayors of the City of Naples, Texas, at times when the plaintiff was employed by the City. Arthur Mitchell, the plaintiff-appellee, is an African-American man who claims that the defendants paid two specific white employees at a higher rate than he was paid, in violation of Mitchell's constitutional right to equal protection of the law. The defendants claimed qualified immunity, which the district court denied. The defendants appeal this denial. We reverse.
I.
A.
Mitchell is an African-American man employed as a "City Worker" by the City of Naples, Texas (the "City"). He works in the Public Works Department ("PWD"), which handles water, sewer, and street maintenance for the City. The PWD includes a Water Department and a Street Department. Mitchell is assigned to the Water Department. Mitchell's responsibilities include monitoring wells, checking lift stations, cleaning the sewer plant, reading water meters, and clearing debris from the roads. Along with the supervisor of the Water Department, Kenneth Stacks, Mitchell also repairs water and sewer leaks, which is a "huge part" of the job. Mitchell's prior experience, before working for the City, includes plumbing, electrical maintenance, commercial driving, and operating forklifts. Based on his prior experience, until recently, Mitchell handled plumbing and electrical issues for the public library, the community center, and the PWD's shop. Additionally, Mitchell is the only employee with a commercial driver's license and thus the only employee who can drive the City's dump truck. 1
The defendant Mills is the former mayor of the City. The defendant Chartier is the current mayor. Mitchell filed this wage-discrimination lawsuit against Mills and Chartier (the "defendants"), under
We turn now to describe the record facts concerning the comparators.
B.
Lloyd Davlin is Mitchell's first alleged comparator. Davlin is employed in the Street Department. He is the "Street Superintendent" or "Street Supervisor." Although he works in the Street Department, Davlin shares some overlapping duties with Mitchell. For example, he and Mitchell take turns cleaning the sewer plant. But Davlin's responsibilities also include supervising and planning street projects, calculating material needed for those projects, and arranging to obtain materials necessary for street projects. Importantly, Davlin is authorized to operate the City's motor grader and lay-down machine. Employees in the Street Department are required *369 to possess skills and experience in operating street-related heavy equipment, including a motor grader (to cut the appropriate grade for the street) and a lay-down machine (to apply asphalt to the roadway). When he first came to work with the City, Davlin had over twenty years of experience at a private mining company, including experience operating heavy machinery such as a motor grader.
Dwayne Heard is Mitchell's second alleged comparator. Although Heard's job title is disputed, it is undisputed that Heard was Davlin's predecessor in the Street Department and had essentially the same job duties and skills as Davlin, set out above. As is the case with Davlin, Heard shared some overlapping duties with Mitchell. Heard, however, also had more than twenty years of prior experience in the operation and maintenance of a variety of heavy equipment, including a motor grader, and an extensive background in construction. Heard used that experience during his brief four-month employment with the City, which occurred some four-plus years before Mitchell filed this lawsuit. Additionally, Heard was a certified welder, and he performed welding services for the City.
C.
In the proceedings before the district court, Mills and Chartier moved for summary judgment on the basis of qualified immunity. The district court, however, denied qualified immunity to the defendants, holding, without explanation, that there was a genuine dispute of material fact as to whether Mitchell and his comparators were sufficiently comparable.
See
Mitchell v. City of Naples
, No. 2:16-CV-01039,
The defendants filed this interlocutory appeal, challenging the denial of qualified immunity. Among other arguments, they contend that Mitchell has not established a prima facie case for his equal-protection claim because Davlin and Heard are not proper comparators as a matter of law.
II.
"[T]his court reviews a district court's denial of a motion for summary judgment on the basis of qualified immunity in a § 1983 suit de novo."
Good v. Curtis
,
III.
Qualified immunity shields government officials from civil liability "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."
Harlow v. Fitzgerald
,
We decide this appeal on the first prong. Mitchell bears the burden to overcome qualified immunity.
See
Hathaway v. Bazany
,
We turn to that discussion now and hold that Mitchell has failed to show a violation of his constitutional rights.
A.
As an initial matter, although Mitchell's wage-discrimination claim was brought under § 1983, his claim should be analyzed under the doctrinal framework applicable to wage-discrimination cases brought under Title VII.
Whiting v. Jackson State Univ.
,
In order to establish a violation of the Equal Protection Clause in the employment context, a plaintiff must prove a racially discriminatory purpose or motive.
Whiting
,
As part of his prima facie case of wage discrimination, Mitchell "must show that he was a member of a protected class and that he was paid less than a non-member for work requiring substantially the same responsibility."
Taylor v. United Parcel Serv., Inc.
,
Our case law, although unpublished and therefore not precedential, has been consistent as it pertains to facts analogous to those before us now. For example, in
Fields v. Stephen F. Austin State University
, we held that two African-American women employed as shuttle-bus drivers were not "nearly identical" to their alleged comparators.
B.
Here, given the undisputed evidence to which we have earlier alluded, there can be no genuine dispute that Mitchell's job is not "nearly identical" to that of his proffered comparators. 5 To begin, Mitchell worked in the Water Department; his comparators worked in the Street Department.
With respect to Davlin, it is undisputed that Davlin had skills and prior experience operating a motor grader and lay-down machine. These skills were required for Davlin's position within the Street Department. It is undisputed that Mitchell possessed none of these skills and that such skills and responsibilities were not required for a position in the Water Department. Although Mitchell participated in roadwork projects, his participation was limited to driving the dump truck; Davlin operated the heavy machinery. Additionally, Davlin's job duties included supervisory responsibilities, drafting budgets, planning roadwork projects, and operating various heavy machinery. Mitchell had none of these responsibilities. Therefore, Davlin is not a proper comparator.
See
Fields
,
With respect to Heard, Davlin's predecessor in the Street Department, it is undisputed that his position, like Davlin's, required skills and experience operating
*372
heavy construction equipment, including a motor grader. Heard possessed those skills and used them during the course of his employment. Mitchell had no such skills or responsibilities.
See
IV.
In sum, Mitchell has failed to carry his burden to overcome the defendants' claim of qualified immunity by showing a violation of his constitutional rights. Mitchell's job and responsibilities were not "nearly identical" to those of Davlin or Heard. Thus, the district court erred in denying qualified immunity to the defendants. Accordingly, we reverse and remand with instructions to enter judgment for Mills and Chartier, dismissing the claims against them on grounds of qualified immunity. 7
REVERSED and REMANDED.
Naples, Texas, is not a very big city. Its population was 1,378 at the 2010 census.
Although Mitchell initially offered a third comparator, Harry Vissering, the district court held that Vissering was not comparable. Mitchell does not contend otherwise on appeal.
Mitchell also brought various claims against the City, which is not a party to this interlocutory appeal.
Under the
McDonnell Douglas
framework, once a plaintiff has established a prima facie case of discrimination, the burden shifts to the employer to show a legitimate non-discriminatory reason for the pay disparity.
Taylor v. United Parcel Serv., Inc.
,
Apart from his supervisor, Kenneth Stacks, Mitchell has one or two other coworkers within the Water Department. At least one of those coworkers, Lawrence Matthews, is white. We draw attention to the fact that Mitchell has chosen as his comparators not Matthews but, instead, two supervisors from the Street Department.
We observe that Heard ended his employment with the City months outside the limitations period applicable to Mitchell's equal-protection claim. Although the passage of time is thus another reason to question whether Heard is a valid comparator,
see
Taylor
,
Given the posture of this appeal, we have addressed only the question of qualified immunity as to the individual defendants. There remain, however, claims against the City pending before the district court.
Reference
- Full Case Name
- Arthur MITCHELL, Plaintiff-Appellee v. Danny MILLS; Dennis Chartier, Defendants-Appellants.
- Cited By
- 36 cases
- Status
- Published