Gail A. Pegues v. Shelby County Civil Service Merit Board, et al.
This case arises from the decision of the Shelby County Civil Service Merit Board to terminate the employment of Gail Pegues, a Shelby County Buyer-Program Specialist. The Shelby County Chancery Court upheld the decision of the Civil Service Merit Board to terminate Ms. Pegues employment. She appeals. We affirm. |
Shelby | Court of Appeals | |
Antoinette Christine Regnier v. Metropolitan Government of Nashville and Davidson County
Police officer filed a sexual harassment retaliation claim under the THRA against the Metropolitan Government of Nashville and Davidson County as a result of her transfer from an instructor at the Police Training Academy to patrol duty. A jury found that Metro had engaged in retaliation in violation of the THRA and awarded Plaintiff $150,000 in damages in addition to $110,180.70 in costs and attorney’s fees. Metro filed a motion for judgment as a matter of law, new trial, or remittitur, which was denied by the trial court. Metro appeals claiming that Plaintiff failed to prove, as a matter of law, that her transfer was an “adverse employment action” as required by the THRA or in the alternative, that the amount of the award should be reduced. The judgment of the trial court is affirmed. |
Davidson | Court of Appeals | |
Antoinette Christine Regnier v. Metropolitan Government of Nashville and Davidson County - Concurring
I concur with Judge Cain’s decision to affirm the jury verdict in this case. Cases like this are fact-intensive, and thus care must be taken to avoid applying our decisions to dissimilar circumstances. I have prepared this separate opinion to emphasize the evidence upon which the jury’s verdict in this case is based. I. Antoinette Regnier joined the Metropolitan Police Department in 1993. Five years later, in July 1998, she was promoted to sergeant and was selected for a prestigious assignment as an instructor at the Police Training Academy. Three months later, a female intern complained to Sergeant Regnier that Lieutenant Anthony Carter, Sergeant Regnier’s immediate superior, had sexually harassed her.1 Sergeant Regnier herself had been the target of sexually suggestive remarks by Lieutenant Carter,2 and she had also overheard Lieutenant Carter make similar inappropriate comments to other females at the Academy. Following Department policy, Sergeant Regnier reported Lieutenant Carter’s conduct to the Director of the Academy. The Director decided to handle the matter informally by calling a meeting of the entire staff to discuss sexual harassment issues and appropriate conduct on the job. Lieutenant Carter later apologized privately to Sergeant Regnier and publically apologized for his conduct at a staff meeting held several weeks later. Despite his outward contrition, Lieutenant Carter was extremely upset with Sergeant Regnier. He berated her during a staff meeting in March 1999 and characterized her earlier sexual harassment Both Lieutenant Carter and Deputy Chief Faulkner were 1974 graduates from the Academy. They were close friends. In an October 1998 email, Lieutenant Carter told Deputy Chief Faulkner “Trust is earned, and I’ll never betray you. CLASS OF “74” A Friend to the end!!!!!!!!!!!!!!!!!!!!” complaint as “bulls**t.” Lieutenant Carter also decided to exploit his personal friendship with Deputy Chief of Police Deborah Faulkner3 to cause both Sergeant Regnier and the Academy’s Director to be transferred. His efforts bore fruit. Both the Director’s and Sergeant Regnier’s names were on the very next transfer list. Both the Director and Sergeant Regnier attempted to discuss their transfers with the Chief of Police, but he referred them to Deputy Chief Faulkner. Sergeant Regnier had received good performance ratings at the Academy. Deputy Chief Faulkner did not express concerns about Sergeant Regnier’s performance during their meeting, and she did not respond directly to Sergeant Regnier’s concern that her transfer stemmed from the sexual harassment complaint against Lieutenant Carter. Deputy Chief Faulkner told Sergeant Regnier that she was “very bright [and] highly educated” and that she would benefit from additional “street experience.” In the final analysis, both the Sergeant Regnier and the Director were transferred away from the Academy. Sergeant Regnier was initially assigned to the B-Detail, apparently to disrupt her law school schedule. Because she desired to complete law school, Sergeant Regnier requested and received an assignment to the midnight shift with few supervisory responsibilities. Deputy Chief Faulkner appointed Lieutenant Carter acting Director of the Academy and later named him the Director. In a November 1999 email to the Deputy Chief, Lieutenant Carter observed “[m]uch better around here since the removal of the last piece of CANCER.” II. The Tennessee Human Rights Act permits an employee to recover damages from his or her employer if the employer retaliates against him or her for complaining about discriminatory conduct in the workplace. Tenn. Code Ann. § 4-21-301(1) (2005). To be compensable, the retaliation must amount to an adverse employment action. Austin v. Shelby County Gov’t, 3 S.W.3d 474, 480 (Tenn. Ct. App. 1999); Newsom v. Textron Aerostructures, 924 S.W.2d 87, 96 (Tenn. Ct. App. 1995). The Not every employment action that makes an employee unhappy rises to the level of an adverse employment action. Tyler v. Ispat Inland, Inc., 245 F.3d 969, 972 (7th Cir. 2001); Spann v. Abraham, 36 S.W.3d at 468. An employment action must be more disruptive than a mere inconvenience or an alteration of job responsibilities to be considered as an adverse employment action. Traylor v. Brown, 295 F.3d 783, 788 (7th Cir. 2002). Lateral transfers that do not involve a demotion in form or substance do not amount to adverse employment actions. Keeton v. Flying J, Inc., 429 F.3d 259, 273 (6th Cir. 2005); Williams v. Bristol-Myers Squibb Co., 85 F.3d 270, 274 (7th Cir. 1996). Nor does a pure lateral transfer become an adverse employment action simply because the affected employee subjectively prefers one position over another. McKenzie v. Milwaukee County, 381 F.3d 619, 625 (7th Cir. 2004). However, a transfer or reassignment without a change in salary may amount to an adverse employment action if it involves (1) a less distinguished title, (2) a material loss of benefits, (3) a significant change in work hours or location, (4) significantly different responsibilities, (5) a significant reduction in the employee’s career prospects by preventing the employee from using his or her skills or experience, or (6) other factors that are uniquely relevant to the particular situation. Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 761, 118 S. Ct. 2257, 2268-69 (1998); O’Neal v. City of Chicago, 392 F.3d 909, 911 (7th Cir. 2004); Kocsis v. Multi-Care Mgmt., Inc., 97 F.3d 876, 886 (6th Cir. 1996); Barnes v. Goodyear Tire & Rubber Co., 48 S.W.3d at 707. III. In order to prevail in this case, Sergeant Regnier was required to prove that a reasonable person in her position would have viewed her transfer from the Academy as an adverse employment action. Doe v. Dekalb County Sch. Dist., 145 F.3d 1441, 1449 (11th Cir. 1998). Based on the facts of this case, I have concluded that she succeeded. Sergeant Regnier and her witnesses established that working as an instructor at the Academy was a prestigious position compared to other positions in the Department. The job is highly sought-after, and officers competed for the assignment. Working at the Academy required more skills than other assignments in the Department.4 Sergeant Regnier’s patrol assignment involved significantly different work hours and a significantly different schedule, and her position at the Academy involved significantly more and different responsibilities than her patrol assignment. A court should grant a Tenn. R. Civ. P. 50.02 motion in accordance with the motion for directed verdict only when it finds that reasonable minds cannot differ with regard to the conclusions to be drawn from the evidence. Alexander v. Armentrout, 24 S.W.3d 267, 271 (Tenn. 2000); Eaton v. McLain, 891 S.W.2d 587, 590 (Tenn. 1994). Based on my review of the record, I concur with Judge Cain’s conclusions that the trial court properly denied the Metropolitan Government’s Tenn. R. Civ. P. 50.02 motion and that the damages awarded by the jury are not excessive and are supported by the evidence.
1The intern reported that Lieutenant Carter had shown her a suggestive picture of himself wearing a lime green bikini and had asked her whether she would like to “try riding this wild stallion.” 2Lieutenant Carter had called Sergeant Regnier a “lean mean sex machine” and had commented to her that “[y]our husband must be real proud of the way you look under those clothes.” 3 Both Lieutenant Carter and Deputy Chief Faulkner were 1974 graduates from the Academy. They were close friends. In an October 1998 email, Lieutenant Carter told Deputy Chief Faulkner “Trust is earned, and I’ll never betray you. CLASS OF “74” A Friend to the end!!!!!!!!!!!!!!!!!!!!” 4The fact that a position requires more qualifications is an indication of prestige. 4 White v. Burlington N. & Santa Fe Ry., 364 F.3d 789, 803 (6th Cir. 2004), cert granted, ___ U.S. ___, 126 S. Ct. 797 (2005). |
Davidson | Court of Appeals | |
Bob Patterson, Trustee of Shelby County, Tennessee v. A.C. Wharton, Jr., Mayor of Shelby County, Tennessee
After the Board of County Commissioners for Shelby County passed the county’s 2003–2004 budget, the Trustee of Shelby County filed suit against the county mayor pursuant to section 8-20-101 et seq. of the Tennessee Code seeking additional personnel and funding for his department. After entering into a settlement agreement with the county, the trustee filed a motion seeking to recover his attorney’s fees at a rate of $250 per hour. The county asserted that such fees were capped at $100 per hour pursuant to a budget resolution passed by the Board of County Commissioners. The trial court entered an order awarding the trustee his attorney’s fees at a rate of $250 per hour pursuant to section 8-20-107 of the Tennessee Code. The county appealed arguing that the trial court did not have the discretion to award attorney’s fees in excess of the $100 per hour limit placed on such fees by the county legislative body. We affirm the decision of the trial court. |
Shelby | Court of Appeals | |
Pun Wun Chan, D/B/A #1 China Buffett v. State of Tennessee, Knox County, and City of Knoxville
In this inverse condemnation action, the jury returned a verdict for the plaintiff which was approved by the Trial Court after a slight reduction in the amount. The State appealed and we affirm. |
Knox | Court of Appeals | |
Kenneth T. Whalum, Jr., et al. v. Pamela Harris Marshall, et al.
After delinquent property taxes accumulated on certain real property, the city and county pursued a tax sale of the subject property. The defendant purchased the property at the tax sale and received a deed from the clerk of the chancery court. After the one-year redemption period expired, the plaintiffs filed suit against various individuals and entities, including the present owner of the property and the county, seeking to rescind the sale. Specifically, the plaintiffs alleged that they were not provided with notice of the sale. The county subsequently conceded that it did not provide notice of the sale to the plaintiffs. The plaintiffs filed a motion for summary judgment. The present owner did not file an answer to the complaint and did not respond to the motion for summary judgment. After the trial court granted summary judgment to the plaintiffs, the present owner of the property filed a motion pursuant to Tennessee Rule of Civil Procedure 59.04 asking the trial court to set aside the order granting summary judgment. In her motion, the present owner sought to introduce evidence related to her claim that she was entitled to reimbursement for the approximately $68,000 spent improving the property. The trial court denied the motion, and the present owner appealed to this Court. We affirm the decisions of the chancery court in all respects. Moreover, we find this appeal to be so devoid of merit as to warrant the imposition of damages for the filing of a frivolous |
Shelby | Court of Appeals | |
In Re: Estate of James W. Ford, M.D.
This is the second appeal of this probate case in which this Court is asked to determine whether the Appellant’s claim against the decedent’s estate should be treated as a verified claim under the Claims Act, T.C.A. §30-2-306 et seq., as the trial court found, and controlled by the authorities therein, and then to determine the priority of Appellant’s claim as against the Internal Revenue Service/Appellee’s claim against the estate for decedent’s unpaid taxes. We find that Appellant’s claim is a verified claim against the estate and, as such, is subject to the Claims Act. Pursuant to both the Claims Act, T.C.A. §30-2-317, and the Federal Insolvency Act 31 U.S.C. §3713, the IRS’s claim is prime. Affirmed. |
Shelby | Court of Appeals | |
In Re: Estate of Clifford Franklin Baker, et al. v. Lee King, et al.
This appeal involves a challenge to the validity of an antenuptial agreement. Executors under the decedent’s Will filed a petition in the General Sessions Court of Madison County, Probate Division, to have Will admitted to probate. Decedent’s wife then filed a notice and petition for elective share, for specific property, year’s support, homestead, and expedited hearing. The Executors, also beneficiaries under decedent’s Will, opposed the petition based on an antenuptial agreement the wife had entered into with the decedent prior to their marriage, and the wife challenged the enforceability of the antenuptial agreement. Following a hearing, the court upheld the validity of the antenuptial agreement, finding that the wife entered into the agreement knowledgeably and that the doctrine of equitable estoppel prohibited the wife from contesting the antenuptial agreement. Wife appeals. The dispositive question before this Court is whether the evidence preponderates against the trial court’s finding that the antenuptial agreement was valid and enforceable. We conclude that the record and applicable law do not support the trial court’s decision to enforce the antenuptial agreement. We reverse and remand this case to the probate court for further proceedings consistent with this Opinion. |
Madison | Court of Appeals | |
Alexander C. Wells v. James Hefner, et al.
Plaintiff appeals the summary dismissal of his complaint for malicious prosecution against three officials at Tennessee State University. A former student of Plaintiff, a professor at Tennessee State University, filed a complaint with the Affirmative Action Officer at TSU, alleging sexual harassment by Plaintiff in the fall of 1990. Following a series of administrative proceedings within the university, Plaintiff was found to have violated its policy on sexual harassment and its standards of professional conduct and responsibility for which his employment was terminated. Plaintiff then filed a Petition for Review with the Chancery Court and successfully appealed his termination. As a consequence, his employment was reinstated. Thereafter, Plaintiff filed this action against three university officials who participated in the proceedings that led to his termination, asserting they lacked probable cause. We have determined the defendants never brought a lawsuit or judicial proceeding against Plaintiff, an essential element to a cause of action for malicious prosecution, and thus affirm the summary dismissal of the complaint. |
Davidson | Court of Appeals | |
William H. Stitts v. Clifford K. McGown, Jr.
The issue presented in this case is whether the trial court erred in dismissing with prejudice, on its own motion, a lawsuit alleging legal malpractice in which a summons was issued but never served on the defendant, and not reissued within one year. After careful review, we hold that the trial court did not err in dismissing the complaint. We affirm the judgment of the trial court. |
Johnson | Court of Appeals | |
Sharon Lemons, et al. v. Rhonda Cloer, et al. AND Jimmy Darrell Silvers, et al. v. Rhonda Cloer, et al.
These appeals find their genesis in a collision between a Georgia school bus and a CSX freight train in Polk County, Tennessee, just north of the Georgia state line. As a result of the collision, three children were killed and four others on the bus were injured. All of the children were minors. Three wrongful death actions and three personal injury actions – as well as other actions not involved in this appeal – were filed in the trial court. The cases before us named as defendants, Rhonda Cloer, the driver of the bus; the Murray County [Georgia] School District (“the School District”); and other entities. Regarding two of the wrongful death claims against the School District, the trial court held that the claims were barred by the personal injury one-year statute of limitations. As to all of the claims arising out of the collision, the trial court held that the School District’s liability could not exceed $300,000, the total amount of the coverage for one incident under the School District’s vehicle liability policy. We affirm. |
Polk | Court of Appeals | |
Donnie Covey, et al. v. City of East Ridge
Plaintiffs applied to rezone their 1.74 acre tract of land located at 6815 Ringgold Road from R-1 Residential District to C-2 General Commercial District. The Chattanooga-Hamilton County Regional Planning Commission recommended that the Mayor and City Council of East Ridge deny the petition for rezoning. After a hearing, the City Council voted to deny the application. Plaintiffs filed a complaint in the Chancery Court for Hamilton County, asserting that the City Council erred by declining to grant the rezoning request. Following a hearing, the trial court upheld the decision of the City Council, finding that the City Council had not acted arbitrarily or capriciously in rejecting the rezoning application. After careful review, we affirm the judgment of the trial court. |
Hamilton | Court of Appeals | |
James Torrence, et al. v. The Higgins Family Limited Partnership, et al.
James Torrence and J.T. Lemons (“the plaintiffs”) were lessees of a four-acre tract of land in Polk County. During the original term of the lease, their lessor transferred acreage, which includes the |
Polk | Court of Appeals | |
Tonya Decker v. William Buster Nance
This appeal involves a default judgment in a paternity action. The trial court granted a default judgment against the defendant even though the defendant had not received his five days’ notice as required by Tenn. R. Civ. P. 55. Citing other grounds, the defendant moved to set aside the judgment, but the trial court denied the motion. Upon review of the record, it is our determination that the default judgment must be vacated and this case remanded for further proceedings. |
Morgan | Court of Appeals | |
Pamela Kaye Smith v. William Michael Fair
The parties were divorced in October of 1999. The final decree of divorce incorporated the parties’ marital dissolution agreement which provided a formula for establishing the father’s child support obligation. The father subsequently filed a petition to modify his child support obligation, which culminated in the entry of a consent order incorporating a permanent parenting plan utilizing essentially the same formula for establishing the father’s child support obligation found in the marital dissolution agreement. Shortly thereafter, father retained new counsel and filed another petition to modify his child support obligation seeking to have it set at $2,100 a month pursuant to the child support guidelines. In response, the mother filed a motion to dismiss the petition for, among other reasons, failure to state a claim upon which relief could be granted. At a hearing on the mother’s motion, the father presented several exhibits which were considered by the trial court, thereby converting the motion to dismiss into a motion for summary judgment. The trial court dismissed the father’s petition for, among other reasons, failure to state a claim for which relief could be granted. The father timely filed an appeal to this Court. On appeal, the mother requests her attorney’s fees incurred in defending this appeal. We affirm the trial court’s decision, and we remand this case to the trial court for the entry of an order awarding the mother her reasonable attorney’s fees. |
Shelby | Court of Appeals | |
Broderick Autry v. Charles Boston, Jr., et al.
Broderick Autry (“Plaintiff”) sued Charles Boston, Jr. and Corrine Boston (“Defendants”) claiming that Defendants had contracted to sell Plaintiff real property located at 2512 Ocoee Street in Chattanooga, Tennessee (“the Property”) and had breached the contract. Defendants raised, among other things, a statute of frauds defense under Tenn. Code Ann. § 29-2-101. After a bench trial, the Trial Court held, inter alia, that Plaintiff had a valid contract for the purchase of the Property, and ordered Defendants to execute and deliver a warranty deed for the Property to Plaintiff within thirty days of the payment of the balance due by Plaintiff. Defendants appeal to this Court. We affirm by holding that although the writing produced as evidence of the contract does not satisfy the statute of frauds, Defendants are estopped from denying the existence and enforceability of the contract. |
Hamilton | Court of Appeals | |
Willie V. Melvin, III v. Anita Louise Johnson-Melvin
Dr. Johnson (“the wife”) and Dr. Melvin (“the husband”) were married in October 1988 while the wife was pregnant with the parties’ first child. That child born in 1989 and the second child born in 1991 are the only minor children of this marriage. Husband filed a complaint for divorce, claiming inappropriate marital conduct. The wife counterclaimed in that action. The actions of the trial court from which the wife appeals, and with which both parties raise issues on appeal, include the Decree of Divorce issued August 6, 2004; the interlocutory order and memorandum entered July 28, 2004; and three post-trial orders and one memorandum. Issues raised on appeal concern distribution of marital property, award of alimony and child support, and refusal to award the wife attorney fees and costs. We affirm the judgment of the trial court in all respects. |
Sumner | Court of Appeals | |
Willie V. Melvin, III v. Anita Louise Johnson-Melvin - Concurring
I concur with the results of the court’s opinion in this case. However, I write separately to emphasize a point regarding the valuation of marital property that is only briefly addressed in the court’s opinion. |
Sumner | Court of Appeals | |
In Re: S.L.D.
In this case, the trial court terminated a mother’s parental rights to her biological child upon grounds that she committed severe child abuse and that termination was in the child's best interest. The mother asserts that clear and convincing evidence was not presented that she committed severe abuse or that termination was in the best interest of the child. Mother argues that the judgment of the trial court should be vacated and the case remanded for new trial because of the unavailability of either a transcript of the proceedings below or a statement of the evidence. We vacate the order of the trial court as to termination of the parental rights of the mother and remand for new trial because the record provided this Court is insufficient to allow proper appellate review. |
Knox | Court of Appeals | |
Richard S. Parker v. Margaret Mary Brennan
On this appeal, the Appellant challenges the award by the trial court of expenses totaling $2,611.42, for videotaping discovery depositions and other related video services as discretionary costs pursuant to Rule 54.04, Tennessee Rules of Civil Procedure. This amount was awarded in addition to expenses for stenographic transcripts of the same depositions. Finding expenses related to videotaping and video related services not specifically identified as allowable expenses within the rule, we modify the trial court's award to delete those expenses. |
Davidson | Court of Appeals | |
In Re J.J.C., D.M.C., and S.J.K. a/k/a K State of Tennessee, Department of Children's Services v. John Calabretta
This is a termination of parental rights case. This is the second appeal in this matter. In the first appeal, the trial court had terminated the father’s parental rights based on abandonment for failure to support his two children. On appeal, this Court reversed the termination on that ground, but remanded the case for further proceedings on the ground of persistent conditions. On remand, the trial court conducted further proceedings and determined that clear and convincing evidence established persistent conditions that prevented the children’s safe return to the father. The father now appeals. We affirm, finding that the ground of persistent conditions was established by clear and convincing evidence. |
Shelby | Court of Appeals | |
William Anthony Fisher and Shelby Lynn Hatter Fisher v. Jonathan Young
This a termination of parental rights and adoption case. Before the minor child at issue was born, the biological father was sentenced to ten years imprisonment in a correctional facility. The biological mother and her husband filed a petition to terminate the parental rights of the biological father and permit the mother’s husband to adopt the minor child. The trial court granted the petition. We affirm, finding grounds for termination established by the father’s confinement to prison for a ten year sentence when the minor child was less than eight years old, and finding clear and convincing evidence to support the trial court’s conclusion that termination was in the best interest of the child. |
Madison | Court of Appeals | |
State ex rel. Paula A. Flowers v. Tennessee Trucking Association Self Insurance Group Trust, et al.
Seven members of the Tennessee Trucking Association Self-Insurance Group Trust appeal the post-liquidation assessment against members of the self-insured group to fund a $2.8 million deficit. The self-insured group trust was declared insolvent in 2004 by the Chancery Court, following which the Commissioner of Commerce and Insurance was appointed Liquidator of the Trust. In the capacity of Liquidator, the Commissioner was responsible for administering the Trust, which included making assessments of the members of the Trust to satisfy its financial obligations. The appellants contend the assessment methodology employed by the Liquidator, which modified the proportionate financial obligations of the members, constituted an impermissible modification of the premium structure the members agreed upon. The trial court determined the only proscription upon making assessments was a requirement the methodology be equitable. Finding the methodology utilized by the Liquidator was equitable, the trial court approved the assessments. We affirm. |
Davidson | Court of Appeals | |
Saturn Corporation v. Ruth Johnson, Commissioner of Revenue, State of Tennessee
Saturn Corporation appeals the Chancery Court’s entry of summary judgment in the Commissioner’s favor. Saturn filed its action in Chancery Court seeking a refund of a percentage of franchise and excise taxes paid in fiscal year 1999-2000. In this de novo review of the trial court’s judgment, we hold that the exemption claimed does not apply to the taxpayer, that the exemption as applied does not violate the equal protection provisions of state and federal constitutions, and affirm the trial court’s judgment in all respects. |
Davidson | Court of Appeals | |
William Ral Cross, Jr. v. Shelby County, Tennessee
Petitioner/Appellee Cross filed a complaint in federal court against Shelby County and Shelby County Deputy Sheriff Bishoff pursuant to 42 U.S.C. § 1983. The federal court awarded Shelby County partial summary judgment and judgment as a matter of law. The action against Deputy Bishoff was heard by a jury, which awarded Mr. Cross damages and legal fees. Mr. Cross then filed a complaint in Shelby County Circuit Court alleging that, under Tennessee Code Annotated § 8-8-302, Shelby County was liable for the amount of damages awarded him in the federal court action. The trial court awarded Mr. Cross summary judgment, and Shelby County appeals. We reverse and award summary judgment to Shelby County on the grounds of res judicata. |
Shelby | Court of Appeals |
