United States District Court, E.D. Kentucky
For Marian Curry, Plaintiff: Paul G. Croushore, LEAD ATTORNEY, Law Office of Paul Croushore, Cincinnati, OH.
For Kenneth Brown, Individually, Boone County, Kentucky, Defendants: Jeffrey C. Mando, Jennifer Haddad Langen, Louis D. Kelly, LEAD ATTORNEYS, Adams, Stepner, Woltermann & Dusing, PLLC, Covington, KY.
For Kenneth Brown, Official Capacity as Boone County Clerk, Official Defendant: Jeffrey C. Mando, Jennifer Haddad Langen, Louis D. Kelly, LEAD ATTORNEYS, Adams, Stepner, Woltermann & Dusing, PLLC, Covington, KY.
MEMORANDUM OPINION AND ORDER
William O. Bertelsman, United States District Judge.
This matter came before the Court on Defendants' motion for summary judgment (Doc. 18) on Friday, August 16, 2013. Thereafter, the Court granted Plaintiff's oral request to file a supplemental brief on an issue discussed at oral argument and allowed Defendants to file a response. See Doc. 28.
Having received the supplemental briefing, made a thorough review of the record,
and given careful consideration to the memoranda and oral arguments of the parties, the Court now issues the following Memorandum Opinion and Order.
FACTUAL AND PROCEDURAL HISTORY
Plaintiff, Marian Curry (" Plaintiff" ), began working at the Boone County Clerk's Office in 1999. See Marian Curry Deposition at 13. Plaintiff was promoted to a supervisory position in the motor vehicle department in 2004. Id. at 90-91. In 2010, Plaintiff was diagnosed with breast cancer. Id. at 40, 42. Plaintiff was often required to take leave from work due to her illness. Id. at 45-46. Plaintiff was approved for leave under the Family Medical Leave Act (FMLA), but she did not need to use any unpaid FMLA leave because a number of her co-workers donated their sick days to her. Id. at 80-81.
Defendant Kenneth Brown (" Defendant Brown" ) was elected as the Boone County Clerk  in November 2010. See Doc. 1 at ¶ 13. Shortly after taking office in January 2011, Defendant Brown conducted one-on-one interviews with the Clerk's Office staff so he could meet the staff and assess the office's operations. See Curry Depo. at 99-100; see also Doc. 18-1.
During the interviews at the Florence branch, a number of employees complained to Defendant Brown about Plaintiff. See Doc. 18-1. More specifically, the employees complained that there was tension between Plaintiff and Angela Perkins, another supervisor in the motor vehicle department; that Plaintiff would often call the employees names such as " idiot," " moron," and " dumbass; " and that she struck a few of the employees on the head on various occasions. See Doc. 22-2.
On February 1, 2011, Defendant Brown met with Plaintiff to discuss these allegations. See Doc. 18-1. Plaintiff acknowledged the tension between herself and Perkins, but she denied the more specific allegations of verbal and physical abuse levied by other co-workers. Id; see also Curry Depo. at 102-03.
As a result, Defendant Brown advised Plaintiff that he was placing her on paid leave for three (3) days until he decided how to remedy the problems. Id. Defendant Brown testified that at the conclusion of the meeting Plaintiff stated, " I was told that you were a good guy and honest and I voted for you." Id. Plaintiff did not recall stating that she voted for Defendant Brown, but she did admit that she told him that she had " supported him." See Curry Depo. at 129.
On February 3, 2011, Defendant Brown spoke again with two of Plaintiff's co-workers to confirm their allegations against Plaintiff. See Doc. 18-1. Both co-workers confirmed their allegations. Id.
Plaintiff and Defendant Brown reconvened on February 4, 2011. Id. at 121. After Plaintiff explained that she felt these allegations were fabricated, Defendant Brown advised Plaintiff that she was being demoted from her supervisory role and moved to the Burlington office. Id. at 122-23.
Defendant Brown also advised Plaintiff that he would have to cut her pay so that it was commensurate with the other deputy clerks at her position. See Doc. 18-1. At this meeting, Defendant Brown told Plaintiff that " she should probably focus on her health rather than worry about the stress of supervising people." See Brown Depo. at 4.
After this meeting, Defendant Brown looked into Plaintiff's voting records because he knew she was a resident of Grant County and her statements at the February 1, 2011 meeting gave him a cause for concern. Id. Defendant Brown confirmed that Plaintiff had voted in Boone County despite becoming a resident of Grant County in 2006. See Doc. 18-2.
On February 8, 2011, Defendant Brown met with Plaintiff again and Plaintiff admitted that she had voted in Boone County while she was a resident of Grant County.  See Curry Depo. at 132. Defendant Brown advised Plaintiff that she had likely broken the law, and he advised her that he was suspending her effective immediately pending possible termination. Id. at 132-33. Two days later, Defendant Brown advised Plaintiff, via letter, that she was terminated for her admitted actions. See Doc. 18-3.
Plaintiff was subsequently indicted under K.R.S. § 119.025 for one count of wrongful registration, a Class D felony, and she pled guilty to that charge on March 30, 2011.  See Docs. 18-4, 18-5, 18-6.
On August 7, 2011, Plaintiff filed a charge with the EEOC alleging violations of Title VII and the ADA. See Doc. 1-1. The EEOC dismissed the charge, and this suit was filed on June 25, 2012 against Defendant Brown and Boone County, Kentucky (collectively " Defendants" ). See Doc. 1, 1-3.
Here, Plaintiff alleges that Boone County, Kentucky and the Boone County Clerk of Courts -- Kenneth Brown -- in his individual and official capacities, (" Defendants" ) demoted and terminated her in violation of the Family Medical Leave Act (" FMLA" ) and discriminated against her because ...