Serrato v. Bowling Green State University
Serrato v. Bowling Green State University
Opinion of the Court
Plaintiff appeals the district court’s order granting Defendants summary judgment on claims brought pursuant to 42 U.S.C. § 1983 for alleged retaliation in violation of the First and Fourteenth Amendments. Plaintiff contends that the district court erred in determining that her speech in which she reported alleged death threats made against her by a co-worker did not touch upon a matter of public concern. For the reasons set forth below, we AFFIRM the district court’s order.
BACKGROUND
Procedural History
On December 5, 2001, Plaintiff filed a complaint pursuant to 42 U.S.C. § 1983 in the United States District Court for the Northern District of Ohio, alleging violations by Defendants of her First and Fourteenth Amendment rights to free speech. In their responsive pleading. Defendants asserted that Plaintiff’s complaint should be dismissed for failure to state a claim upon which relief may be granted, pursuant to Federal Rule of Civil Procedure 12(b)(6). On February 28, 2002, the district court granted Defendants’ motion to dismiss the complaint against them in their official capacities. After a period of discovery, on November 25, 2002, Defendants filed a motion for summary judgment as to Plaintiffs claim against them in their individual capacities. The district court granted Defendants’ motion for summary judgment in a written order dated March 24, 2003. Plaintiff then filed a timely appeal with this Court on April 22, 2003.
Facts
Plaintiff Violet Serrato worked as a full-time clerical specialist at Defendant Bowl
Plaintiff continued to complain. Plaintiff claims Kaplan told her that if she was not happy with how he addressed the situation she could find employment elsewhere. On February 13, 1995, Plaintiff and several of her co-workers at SHS signed a memorandum to Kaplan expressing their safety concern regarding Schick. Plaintiff claims that while she and other SHS workers expressed safety concerns about Schick’s death threat, Kaplan singled her out “for harassment and retaliation.” (Plaintiffs Br. at 6). According to Plaintiff, after she underwent a hysterectomy in the latter part of 1996. Kaplan informed her that she could not come back to work on less than a full-time basis, even though other employees who sought medical attention were allowed to return on a part-time basis. Plaintiff asserts that only after she complained to higher authorities did Kaplan permit her to return to work on a part-time basis. She further contends that when Kaplan found out that she supervised several students as part of her responsibilities at SHS. he eliminated the student positions. It is Plaintiff’s belief that Kaplan’s act of eliminating the student positions was done to adversely affect Plaintiffs work environment because Plaintiff relied heavily on the students to assist with her work. Plaintiff claims that in spite of Schick’s death threat against her, Schick was not immediately removed from SHS and on one occasion Schick deliberately “took her shoulder and ran it into [Plaintiffs] left shoulder.” (Plaintiff’s Br. at 8).
Defendant Joanne Navin replaced Sherry Beeker as Plaintiffs supervisor in 1997; Navin’s supervisor was Kaplan. Plaintiff expressed to Navin her concern over the retaliatory treatment she felt she was receiving by Kaplan after she had reported her safety concerns about Schick’s threat to Human Resources. When Defendant Marlene Reynolds replaced Navin as clerical supervisor. Plaintiff also expressed to Reynolds her concern about her safety and the retaliatory treatment she felt she was experiencing. Plaintiff contends that Na-vin ordered her to get back to work when Plaintiff expressed her safety concern to
Tonia Stewart was the Associate to the Vice President for Student Affairs at BGSU from July 1994 to July 1997, and Associate Vice President for Student Affairs from July 1997 to June 1999. Stewart was the immediate supervisor of Kap-lan in her capacity as Associate Vice President for Student Affairs. In her affidavit, Stewart recommended that Kap-lan’s contract with BGSU not be renewed because he was retaliating against Plaintiff for expressing concerns about her safety at SHS. The record reveals that Kaplan thought Plaintiff was overreacting to Schick’s threat that was not made directly to Plaintiff: therefore. Kaplan only reprimanded Schick, despite the expressed concerns of other SHS workers who feared for their safety because of Schick’s threat. According to Plaintiff, Defendants retaliated against her because she spoke out against the threat that was made against her by Schick. The district court found that Plaintiff had not stated a claim for violation of her constitutional right of free speech pursuant to 42 U.S.C. § 1983 and granted Defendants’ motion for summary judgment. It is from that disposition that Plaintiff now appeals.
DISCUSSION
Plaintiff argues that the district court failed to construe the evidence in the record in her favor, contrary to summary judgment principles. Plaintiff contends that had the district court favorably construed the record, it would have held that the individual Defendants violated her First and Fourteenth Amendment rights to free speech by retaliating against her because she expressed concern for her safety in the workplace.
This Court reviews a grant of summary judgment de novo. Hamby v. Neel, 368 F.3d 549, 556 (6th Cir. 2004) (citations omitted). Summary judgment is proper when “the pleadings, depositions, answers to interrogatories, admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed. R. Civ.P. 56(c). In considering a summary judgment motion, all facts must be viewed in the light most favorable to the party opposing summary judgment. See id. Settled principles also dictate that once a movant has satisfied his or her burden demonstrating an absence of evidence supporting the non-movant’s case, see Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986), the nonmovant “may not rest upon mere allegations or denials of his pleading, but must set forth specific facts showing that there is a genuine issue of material fact for trial.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).
As a threshold matter, we note that to state a claim pursuant to § 1983, Plaintiff must show that she (1) “was deprived of a right secured by the Constitution or laws
In Rodgers v. Banks, 344 F.3d 587, (6th Cir. 2003), we observed that “[wjhile public employees may not be required to sacrifice their First Amendment free speech rights in order to obtain or continue their employment ... a state is afforded greater leeway to control speech that threatens to undermine the state’s ability to perform its legitimate functions.” Id. at 596 (internal citations omitted). Speech concerns matters of public concern if it “relat[es] to any matter of political, social, or other concern to the community.” Connick, 461 U.S. at 146. Stated otherwise, this Court must determine whether the relevant speech “involves issues about which information is needed or appropriate to enable the members of society to make informed decisions about the operation of their government.” Brandenburg v. Hous. Auth. of Irvine, 253 F.3d 891, 898 (6th Cir. 2001) (internal citations omitted). Therefore, speech that touches upon a matter of public concern includes speech that informs the public that the government failed to “discharg[e] its governmental responsibilities” or “bring[ing] to light actual or potential wrongdoing or breach of public trust [on the part of a governmental entity or any officials therein].” Connick, 461 U.S. at 148. In distinguishing between speech that touches upon a public concern versus private speech, we have stated that our focus is not on “what might incidentally be conveyed by the fact that the employee spoke in a certain way, [but] the point of the speech in question.” Dambrot v. Cent. Mich. Univ., 55 F.3d 1177, 1186 (6th Cir. 1995).
In the instant case, the district court applied the foregoing principles and determined that, because Plaintiffs speech concerned an internal dispute. Plaintiffs speech was “the quintessential example of a matter of private concern.” (J.A. at 23). We agree with the district court that, as a general matter, purely internal employee grievances are matters of private concern. See Cockrel, 270 F.3d at 1052 (“an employee grievance or some other private dispute” generally does not constitute a matter of public concern); United States v. Nat'l Treasury Employees Union, 513 U.S. 454, 466, 115 S.Ct. 1003, 130 L.Ed.2d 964 (1995) (“speech that involves nothing
Despite Plaintiffs efforts to fit the facts of this case within the ambit of Banks, we agree with the district court that none of Plaintiffs allegations touch upon a matter of public concern.
CONCLUSION
For the foregoing reasons, we AFFIRM the district court’s order granting Defendants’ motion for summary judgment.
. At oral argument, counsel for Plaintiff analogized this case to Chappel v. Montgomery County Fire Protection District No. 1. 131 F.3d 564 (6th Cir. 1997). Chappel is patently distinguishable, however. In Chappel, the plaintiff alleged that the defendants retaliated against him because he attended public meetings and voiced concern over the defendants' mismanagement of the finances of the ambulance district. Id. at 568. As part of his speech against the defendants, the plaintiff accused officials in defendants' employ of absconding with public funds. A panel of this Court ruled that the plaintiff's speech was a matter of public concern because it concerned use of public funds. In the instant case. Plaintiff's alleged retaliatory treatment came about because she voiced her personal concern about her personal safety and the safety of others. However, Plaintiff's alleged safety concern arose in the context of a personal employment dispute, and the allegations were more personal in nature, and only tangentially concerned public safety.
Concurring Opinion
concurring.
I join in the result affirming the district court’s grant of summary judgment for the defendants. Even assuming that Serrato’s speech touched on a matter of public concern. I would hold, on the undisputed facts well-stated by the majority, that her First Amendment interest was “outweighed by the interest of the State, as an employer, in promoting the efficiency of the public services it performs,” specifically the University Student Health Center’s efficiency interest in providing its services to the students. Chappel v. Montgomery Cty. Fire Protection Disk No. 1. 131 F.3d 564, 574 (6th Cir. 1997) (internal quotation marks omitted). Although necessarily fact-bound and context-specific, this conclusion is soundly within the line drawn by Supreme Court and Sixth Circuit precedent. See, e.g. Connick v. Myers, 461 U.S. 138, 146, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983); Leary v. Daeschner, 228 F.3d 729, 739 (6th Cir. 2000); see also Fox v. District of Columbia, 83 F.3d 1491 (D.C.Cir. 1996), on remand, 990 F.Supp. 13 (D.D.C. 1997). On this balancing theory, I join in the decision of my colleagues.
Reference
- Full Case Name
- Violet SERRATO v. BOWLING GREEN STATE UNIVERSITY Joshua Kaplan, Marlene Reynolds Joanne Navin Byran Benner
- Cited By
- 3 cases
- Status
- Published