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Burnett v. Transit Auth. of Lexington-Fayette Urban County Gov't

United States District Court, E.D. Kentucky, Central Division

September 5, 2013

TIMOTHY BURNETT, Plaintiff,
v.
TRANSIT AUTHORITY OF LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT, et al., Defendants

Timothy Burnett, Plaintiff, Pro se, Lexington, KY.

For Transit Authority of Lexington-Fayette Urban County Government, Geri Davidson, Individually, Tracy Sewell, Individually, Terry Garcia Crews, Individually, Rocky Burke, Individually, Tom Hawk, Individually, John Does, All Unknown-Unnamed Management Contract Companies and Affiliates, Defendants: Charles David Cole, Derrick T. Wright, Morgan Todd Osterloh, Sturgill, Turner, Barker & Moloney PLLC, Lexington, KY.

For Amalogamated Transit Union, Amalogamated Transit Union Local Branch Number 639, Defendants: Joseph Santino Pass, PRO HAC VICE, Jubelirer, Pass and Intrieri, P.C., Pittsburgh, PA.

For Marcellus Barnes, Individually, Defendant: Joseph Santino Pass, Jubelirer, Pass and Intrieri, P.C., Pittsburgh, PA.

For Tom Hawk, Official Capacity as Union and Management Employee, Geri Davidson, Official Capacity as Union and Management Employee, Tracy Sewell, Official Capacity as Union and Management Employee, Terry Garcia Crews, Official Capacity as Union and Management Employee, Rocky Burke, Official Capacity as Union and Management Employee, Official Defendants: Charles David Cole, Derrick T. Wright, Morgan Todd Osterloh, Sturgill, Turner, Barker & Moloney PLLC, Lexington, KY.

For Marcellus Barnes, Official Capacity as Union and Management Employee, Official Defendant: Joseph Santino Pass, Jubelirer, Pass and Intrieri, P.C., Pittsburgh, PA.

OPINION

Page 631

MEMORANDUM OPINION AND ORDER

Joseph M. Hood, Senior U.S. District Judge.

Page 632

This matter is before the Court upon a Motion for Summary Judgment [D.E. 58] filed by Defendants Amalgamated Transit Union (hereinafter " ATU" ), Local 639, and Marcellus Barnes, individually and in his official capacity, and a Motion for Summary Judgment [D.E. 59] filed by Defendants Transit Authority of Lexington-Fayette Urban County Government (hereinafter " LexTran" ), all Unknown-Unnamed Management Contract Companies and Affiliates, Tom Hawk, individually and in his official capacity, Rocky Burke, individually and in his official capacity, Terry Garcia Crews, individually and in his official capacity, Tracy Sewell, individually and in his official capacity, and Geri Davidson, individually and in his official capacity. Plaintiff failed to file a timely Response to the Motions. The Court being sufficiently advised, this matter is now ripe for review.

I. Factual and Procedural Background

The following facts are not in dispute. LexTran operates the public transportation system in Lexington, Kentucky. The ATU is the bargaining agent for non-management personnel employed by LexTran. Local 639 is the local union branch of ATU for LexTran employees. Plaintiff was hired as a bus operator for LexTran in 1996, [D.E. 58-2, at 6], and was elected the president of Local 639 in 2004. Id. at 7. In 2007, while Plaintiff was president of Local 639, ATU began investigating Local 639 for a mishandling of funds. [D.E. 58-9, at 49-55]. The investigation eventually led to Local 639 being placed in trusteeship, [D.E. 58-2, at 181], and Plaintiff being criminally charged. Id. at 183. As a result of the criminal charges, Plaintiff was suspended by LexTran, pending the disposition of the charges. [D.E. 58-4]. Plaintiff eventually pleaded guilty to one count of theft by unlawful taking over $300, [D.E. 58-7, at 1], and his employment with LexTran was terminated. [D.E. 58-8].

On October 10, 2011, Plaintiff filed a complaint in the Circuit Court of Fayette County, Kentucky alleging racial discrimination, under Title VII of the Civil Rights Act of 1964, constitutional violations, under 42 U.S.C. ยง 1983, and conspiracy under the common law of Kentucky. [D.E. 1-3]. Specifically, Plaintiff alleges allegations of racial discrimination, retaliation, hostile work environment, and conspiracy to terminate his employment. [D.E. 1-3, at 2]. Defendants filed a Notice of Removal, removing the matter to this Court pursuant to 28 U.S.C. ...


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