Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Schwartz v. Clark County

United States District Court, D. Nevada

June 20, 2017

MARK J. SCHWARTZ, Plaintiffs,
v.
CLARK COUNTY, NEVADA, et al., Defendants.

          ORDER

         Presently before the court is defendants Clark County's (“County”) and Jacquelin R. Holloway's (“Holloway”; collectively “defendants”) second motion for summary judgment. (ECF No. 71). Plaintiff Mark J. Schwartz (“plaintiff”) filed a response (ECF No. 72), to which defendants replied (ECF No. 73).

         I. Facts

         The instant actions involve allegations of wrongful termination pursuant to 42 U.S.C. § 1983, the Americans with Disabilities Act (“ADA”), and the Age Discrimination in Employment Act (“ADEA”). (ECF No. 2-2).

         Plaintiff began working for County as an auditor on August 17, 1992. (ECF No. 71-1 at 12). In 2000, plaintiff was promoted to senior management analyst in the Clark Country Business License Department (“BL”). (ECF No. 71-1 at 13). In either 2007 or 2008, plaintiff received an ADA workplace accommodation to adjust the size of his workplace. (ECF No. 71-1 at 19). From 2005-09, plaintiff received regular, positive employment evaluations noting his “meritorious” and “exemplary” performance. (ECF No. 71-1 at 16-18).

         In 2008, Clark County Human Resources (“HR”) began to review whether the job title, management analyst, was an appropriate classification and conducted a county-wide “management analyst study” in which plaintiff participated and completed a “job description questionnaire.” (ECF No. 71-1 at 20, 45). Subsequently, in August 2009, HR recommended seventeen (17) possible job title changes for forty-four (44) employees recognized as management analysts. (ECF No. 71-1 at 45-46). Pursuant to the management analyst study, three of the five management analysts at BL, excluding plaintiff, received new job titles. (ECF No. 71-1 at 38-39).

         In February 2010, the county manager sent Holloway, director of business licensing for Clark County, a “mandate” that instructed her “to do a reduction in force” by dismissing employees to decrease BL's budget by 8 percent. (ECF No. 71-1 at 40). To comply with the budget reduction, Holloway determined that “between 8 to 12” employees would be dismissed, including

a manager of finance, a senior management analyst, a management analyst, a business license agent, an office supervisor, [an] office assistant and an IT . . . support person . . . . [b]ased on [BL's] needs and functions in the department and also functions and duties that could be absorbed by others.

(ECF No. 71-1 at 41-42).

         Because his job title had not been changed subsequent to the management analyst study, plaintiff was notified on June 18, 2010, that he would be dismissed as senior management analyst on July 6, 2010. (ECF No. 71-1 at 20). As a member of a union, SEIU Local 1107, which had made a collective bargaining agreement with County, plaintiff appealed his dismissal pursuant to the process provided under the terms of the agreement. (ECF No. 71-1 at 15, 23). Upon reviewing plaintiff's “statements and documents and other information, ” the layoff review committee affirmed plaintiff's layoff. (ECF No. 71-1 at 24).

         Subsequently, plaintiff filed the underlying complaint alleging three causes of action: (1) violation of the ADEA; (2) violation of the ADA; and (3) violation of civil rights under § 1983. (ECF No. 2-2). The court granted defendants' motion for summary judgment (ECF No. 22), finding, inter alia, that plaintiff failed to raise a genuine dispute of material fact as to whether his termination was motivated by his disability or his age, rather than by legitimate budgetary concerns. (ECF No. 43).

         Plaintiff appealed (ECF No. 46), and the Ninth Circuit reversed and remanded on May 27, 2016 (ECF No. 58). The Ninth Circuit determined that plaintiff raised a genuine dispute of material fact as to whether his selection for layoff was pretext for unlawful discrimination and that the evidence supporting plaintiff's ADA and ADEA claims raised a triable issue as to his § 1983 claim against defendant Holloway. (ECF No. 58).

         In the instant motion, defendants move for summary judgment as to plaintiff's § 1983 claim against Holloway based on qualified immunity, arguing that she was “reasonably following the directive of her [m]anager to reduce her labor force in the BL department.” (ECF No. 71 at 16).

         II. Legal Standard

         The Federal Rules of Civil Procedure allow summary judgment when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that “there is no genuine dispute as to any material fact and the movant is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(a). A principal purpose of summary judgment is “to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.