Corbin v. Arizona City Fire District et al

Filing 69

ORDER - IT IS ORDERED that Defendants' Motion for Summary Judgment (Doc. 64 ) is granted. The Clerk of Court shall enter judgment accordingly and terminate this case. See document for complete details. Signed by Judge Steven P Logan on 04/27/2021. (MHW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Hazel Corbin,

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Plaintiff,
vs.

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Arizona City Fire District, et al.,
Defendants.

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I.

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No. CV-19-05716-PHX-SPL
ORDER

BACKGROUND

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Plaintiff is employed by Defendant Arizona City Fire District (“ACFD”) in a

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clerical position managing payroll, distributing paychecks, processing time sheets, and

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ensuring bills are paid and benefits are processed. (Doc. 1 at ¶¶ 1, 9). Plaintiff alleges

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Defendant Jeff Heaton, an employee of ACFD and Plaintiff’s supervisor, failed to record

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Plaintiff’s hours worked from 7:00am to 9:00am on the first Monday of each pay period.

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(Doc. 1 at ¶ 14). Plaintiff further asserts Defendants improperly classified her as an exempt

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employee and failed to pay her overtime. (Doc. 1 at ¶ 18, 25). Plaintiff also alleges

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Defendant Heaton reduced her schedule after she complained about the time-keeping

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errors. (Doc. 1 at ¶ 34-35).

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On December 2, 2019, Plaintiff filed a complaint in this Court alleging violation of

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the overtime provisions of the Fair Labor Standards Act (“FLSA”); retaliation under the

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FLSA and Arizona Revised Statute (“A.R.S.”) §§ 23-364(B), (E), and (G) (hereinafter the

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Arizona Minimum Wage Act, or “AMWA”); failure to pay wages; and violation of A.R.S.

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§ 38-431.01 (Arizona’s “Open Meeting Law”). (Doc. 1 at 8-13). Before the Court is

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Defendants’ Motion for Summary Judgment (Doc. 64).

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II.

LEGAL STANDARD

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A court must grant summary judgment if the pleadings and supporting documents,

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viewed in the light most favorable to the non-moving party, “show[] that there is no genuine

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dispute as to any material fact and the movant is entitled to judgment as a matter of law.”

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Fed. R. Civ. P. 56(a); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986). A

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fact is “material” when, under the governing substantive law, it could affect the outcome

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of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A genuine dispute

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of material fact arises if “the evidence is such that a reasonable jury could return a verdict

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for the nonmoving party.” Id.

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The party seeking summary judgment bears the initial burden of informing the court

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of the basis for its motion and identifying those portions of the pleadings, depositions,

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answers to interrogatories, and admissions on file, and affidavits, which it believes

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demonstrate the absence of any genuine issue of material fact. Celotex, 477 U.S. at 323.

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The burden then shifts to the party opposing summary judgment, who “must make a

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showing sufficient to establish a genuine dispute of material fact regarding the existence

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of the essential elements of his case that he must prove at trial.” Gorman v. Wolpoff &

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Abramson, LLP, 584 F.3d 1147, 1153 (9th Cir. 2009) (citation omitted); see also Celotex,

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477 U.S. at 322-23 (“[T]he plain language of Rule 56(c) mandates the entry of summary

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judgment, after adequate time for discovery and upon motion, against a party who fails to

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make a showing sufficient to establish the existence of an element essential to that party’s

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case, and on which that party will bear the burden of proof at trial. In such a situation, there

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can be no ‘genuine issue as to any material fact,’ since a complete failure of proof

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concerning an essential element of the nonmoving party’s case necessarily renders all other

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facts immaterial.”). The party opposing summary judgment “may not rest upon the mere

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allegations or denials of [the party’s] pleading, but . . . must set forth specific facts showing

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that there is a genuine issue for trial.” Fed. R. Civ. P. 56(e); see also Matsushita Elec. Indus.
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Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586-87 (1986).

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III.

DISCUSSION

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Defendants argue summary judgment is proper for five reasons: (1) Plaintiff’s Open

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Meeting Law claim fails because Defendant Heatonmade the decision to reduce her hours

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outside a District Board meeting; (2) Plaintiff did not engage in protected activity under

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the FLSA or AMWA but, even if she did, Plaintiff did not put Defendants on notice that

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she was engaging in protected activity; (3) Defendant had a legitimate, not retaliatory

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reasons for reducing Plaintiff’s hours, which Plaintiff cannot refute; (4) Defendants have

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already addressed and resolved Plaintiff’s wage claims; and (5) Defendants are not subject

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to punitive damages under A.R.S. § 12-820.04. (Doc. 64 at 1).

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a. Open Meeting Law (Count IV)

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Under A.R.S. § 38-431.01(A), “[a]ll meetings of any public body shall be public

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meetings and all persons so desiring shall be permitted to attend and listen to the

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deliberations and proceedings.” However, under A.R.S. § 38-431.03(A)(1), the Board may

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hold an executive session to discuss employment issues, but affected employee “may

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demand that the discussion . . . occur at a public meeting,” and the “public body shall

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provide” the affected employee “written notice of the executive session.”

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Plaintiff alleges Defendants violated the Open Meeting Law by discussing the

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reduction of her hours during a Board meeting without providing her the required notice.

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(Doc. 1 at 13-15). Defendants assert they are entitled to summary judgment on the Open

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Meeting Laws claim because the decision to reduce Plaintiff’s hours was made by Chief

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Heaton alone, and not at a Board meeting. (Doc. 64 at 5). Specifically, Defendants allege

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“Chief Heaton did not seek approval from the Board before reducing [Plaintiff]’s hours,

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nor was [Plaintiff]’s employment discussed in a Board meeting absent proper notice under

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Arizona’s Open Meeting Laws.” (Doc. 64 at 5). Defendants cite a deposition with Board

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Chairman Tim McCain in which McCain states Chief Heaton only told him about the

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decision to reduce Plaintiff’s hours after he did so, and that the Board did not vote on that

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decision, nor would they have. (Doc. 64 at 5-6).
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In Chief Heaton’s sworn deposition, when asked whether he ever discussed the

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decision to reduce Plaintiff’s hours with the Board, Heaton stated “No. . . . We don’t talk

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about personnel issues with the board.” (Doc. 67-1 at 162). When asked whether he had

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ever discussed Plaintiff’s performance with the Board, he stated “No. . . . [H]as her

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performance ever been presented to the board? I would never do that. They’re not

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responsible for personnel. That’s my job.” (Doc. 67-1 at 164).

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Plaintiff asserts that Heaton “contradicted himself in earlier correspondence” and

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point specifically to “one of the first communications with Ms. Corbin’s counsel” wherein

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Heaton “indicated that he made the decision with the Board to reduce Ms. Corbin’s hours.”

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(Doc. 66 at 6). However, Plaintiff only cites to defense counsel’s settlement letter for

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support of this proposition. See Doc. 67 at ¶ 43) (citing Defendant’s Exhibits 14 & 15). In

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a previous letter, Plaintiff’s counsel asserted: “When [Plaintiff] confronted Heaton, he first

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stated the reduction in hours was the Board’s decision. In August, when [Plaintiff] pressed

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Heaton, he admitted it was his decision to cut her hours.” (Doc. 67-14 at 3). In response,

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Defendants’ counsel stated that “the Board and Chief Heaton determined that it was

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necessary to reduce [Plaintiff]’s hours to offset the addition [sic] expenditures caused by

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her performance issues.” (Doc. 67-15 at 4).

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Even if Defendants did concede to the Board’s involvement in this letter,

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“arguments and statements of counsel ‘are not evidence and do not create issues of material

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fact capable of defeating an otherwise valid motion for summary judgment.’” Barcamerica

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Int'l USA Tr. v. Tyfield Importers, Inc., 289 F.3d 589, 593 n.4 (9th Cir. 2002) (citing Smith

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v. Mack Trucks, 505 F.2d 1248, 1249 (9th Cir. 1974) (per curiam) (“Statements of counsel,

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whether in legal memoranda or elsewhere, are not evidence and may not be relied on to

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either support or defeat a motion for summary judgment.”). Without more, this Court

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cannot conclude there exists a material issue of fact as to Plaintiff’s Open Meeting Law

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claim. The evidence provided supports that Heaton reduced Plaintiff’s hours outside a

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Board meeting, do Defendants are entitled to judgment as a matter of law on the Open

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Meeting Law claim.
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b. Retaliation (Counts II & IV)1

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To establish a prima facie case of retaliation under the FLSA, a plaintiff “must show

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(1) [s]he engaged in activity protected by the FLSA; (2) the defendant took an adverse

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employment action; and (3) there was a causal link between the protected activity and the

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adverse action.” See, e.g., Ader v. SimonMed Imaging Inc., 465 F. Supp. 3d 953, 975 (D.

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Ariz. 2020). “Like FLSA, AMWA’s retaliation provision prohibits employers from taking

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retaliatory actions against employees.” Tolano v. El Rio Bakery, No. CV-18-00125-TUC-

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RM, 2019 WL 6464748, at *5 (D. Ariz. Dec. 2, 2019) (internal citations omitted). Here, it

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is not disputed that Plaintiff suffered an adverse employment action: the reduction of her

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hours. The parties only dispute whether Plaintiff engaged in protected activity, and whether

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there exists a causal connection between the activity and the hours reduction.
1. FLSA Retaliation

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Under the FLSA, an employee engages in protected activity when she “has filed any

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complaint or instituted or caused to be instituted any proceeding under or related to this

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chapter, or has testified or is about to testify in any such proceeding.” 29 U.S.C. § 215(a)(3).

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Further, under the FLSA “the employer must have fair notice that an employee is making

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a complaint that could subject the employer to a later claim of retaliation.” Kasten v. Saint-

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Gobain Performance Plastics Corp., 563 U.S. 1, 13 (2011).

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Defendants argue Plaintiff did not engage in protected activity because she never

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notified the District, the Board, or Chief Heaton that she was making a complaint under

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the FLSA. (Doc. 64 at 7-8). In response, Plaintiff argues she “testified at length regarding

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her detailed reports of FLSA violations to Heaton.” (Doc. 66 at 8). Plaintiff cites deposition

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testimony in which Plaintiff states that her hours were reduced in “retaliation because of

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me asking him about why hours were crossed out on the document.” (Doc. 67 at ¶ 125).

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Plaintiff further cites to “befriending individual employees who brought claims against

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Heaton” and a note she wrote on a time sheet stating “the time clock always shorts me 2

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Plaintiff erroneously labeled her retaliation claim under Arizona law as Count IV,
along with the Open Meeting Law claim.
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hr. for the 1st Monday of the new pay period.” (Doc. 66 at 8). Plaintiff also argues she

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“complained about the same issue in Heaton’s office, and that he slammed his file cabinet

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shut in an act of apparent intimidation.” (Doc. 66 at 8).

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“[N]ot all amorphous expressions of discontent related to wages and hours

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constitute complaints filed within the meaning of [the FLSA].” Lambert v. Ackerley, 180

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F.3d 997, 1007 (9th Cir. 1999) (finding that plaintiffs put defendant on notice of her claims

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because they “not only complained orally to their employers about the failure to pay

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adequate overtime wages, and specifically alleged a violation of the FLSA, they also

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contacted the Department of Labor (which informed them that their employer's practices

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were illegal), hired an attorney to assist them with their claim, and notified their employer

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in writing of the specific FLSA violation they were alleging.”). “[N]ot all abstract

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grumblings will suffice to constitute the filing of a complaint with one's employer,” and

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“‘[t]here is a point at which an employee's concerns and comments are too generalized and

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informal to constitute ‘complaints' that are ‘filed’ with an employer within the meaning of

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the [statute].’” Valerio v. Putnam Assocs. Inc., 173 F.3d 35, 44 (1st Cir. 1999) (internal

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citations omitted). “[A]ffording protection to employees who lodge purely intracorporate

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complaints unhelpfully leaves employers in the dark as to what types of assertions will rise

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to the level of protected activity by their employees.” Id. at 44 (emphasis added) (internal

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quotations and citations omitted).

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Plaintiff’s association with another employee who filed formal complaints, as well

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as her casual remarks about the time-keeping process to Chief Heaton, are insufficient as a

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matter of law to put Defendants on notice of her FLSA claims. According to Plaintiff’s

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testimony, Plaintiff “complained” to Defendants by asking why her hours were crossed out

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on a timesheet, befriending another employee who filed a complaint, and asking Defendant

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Heaton again why her hours were crossed out. Pursuant to the caselaw cited above, these

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informal complaints are insufficient as a matter of law to constitute “complaints” under the

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FLSA. Because Plaintiff fails to show she sufficiently put Defendants on notice of her

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protected activity, she fails to make out a prima facie case of retaliation under the FLSA.
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See, e.g., Kasten v. Saint-Gobain Performance Plastics Corp., 563 U.S. 1, 14 (2011) (“To

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fall within the scope of the antiretaliation provision, a complaint must be sufficiently clear

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and detailed for a reasonable employer to understand it, in light of both content and context,

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as an assertion of rights protected by the statute and a call for their protection.”). This Court

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therefore need not address the causal link or Defendants’ legitimate, nondiscriminatory

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reasons for the reduction in Plaintiff’s hours. Plaintiff’s FLSA retaliation claims fail.

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2. AWLA Retaliation

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Arizona’s retaliation requirements are not as stringent as the FLSA’s. Under the

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AMWA, “[a]n employee engages in a protected activity when she participates in conduct

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that reasonably could be perceived as directed toward the assertion of rights protected by

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the statute.” Davenport v. SP Jedi Inc., No. CV-18-02580-PHX-SMM, 2020 WL 1271380,

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at *6 (D. Ariz. Jan. 16, 2020) (emphasis added). Further, “[t]aking adverse action against

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a person within ninety days of a person’s engaging in the foregoing activities shall raise a

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presumption that such action was retaliation.” A.R.S. § 23-364(B).

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In Davenport, the plaintiff did “not outright state she engaged in protected activity”

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but instead asserted that the defendants terminated her after “complaining to Defendants,

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through email and text message, about Defendants’ failure to properly compensate Plaintiff

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and their failure to pay for Plaintiff’s medical insurance after deducting payments from her

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paycheck.” Davenport, 2020 WL 1271380, at *7. The court denied summary judgment

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because “the close proximity between Plaintiff’s complaints and her termination is

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sufficient to raise a rebuttable presumption that Plaintiff’s termination was in retaliation

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for her complaints.” Here, Plaintiff alleges that “[o]n or about July 19, 2019, Plaintiff

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complained that she was not being paid wages for all hours worked” and that “on July 22,

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2019, the District reduced Plaintiff’s hours from 80 per two-week period to 16 in retaliation

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against her for complaining about unpaid wages.” (Doc. 1 at ¶¶ 72-73). Although Plaintiff

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did not make formal complaints, her informal complaints were similar to those in

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Davenport and the close proximity to her reduction in hours raises a rebuttable presumption

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that Defendants retaliated against her. Plaintiff therefore has made out a sufficient prima
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facie case of retaliation under Arizona law.

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Under the AWLA, even where a defendant has taken “adverse action against a

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person within ninety days of a person's engaging in” protected activity such that a

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presumption of retaliation is raised, that presumption “may be rebutted by clear and

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convincing evidence that such action was taken for other permissible reasons.” A.R.S. §

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23-364(B). Here, Defendants argue they had legitimate, non-discriminatory reasons for

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reducing Plaintiff’s hours. Specifically, Defendants assert that Plaintiff “repeatedly

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submitted inaccurate and inconsistent financial data and records to the Board” and “used

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flawed methodology to track the District’s finances, as confirmed by an outside

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accountant.” (Doc. 64 at 10). Defendants argue “Chief Heaton reduced [Plaintiff]’s hours

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because of financial concerns with the District and deficiencies in [Plaintiff]’s

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performance.” (Doc. 64 at 9).

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Defendants have provided sufficient clear and convincing evidence that they

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reduced Plaintiff’s hours for legitimate non-discriminatory reasons. In Hoeveler, for

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example, the defendant met its burden where it offered “emails, contemporaneous

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documents and deposition testimony” that the plaintiff was discharged for permissible

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reasons, “including (1) the complaint about her treatment of employees, and (2) her failure

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to respond for nearly two weeks to ADG's proposed reassignment at the same salary.”

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Hoeveler v. Arizona Assocs. in Dermatology & Cosm. Surgery LLC, No. 1 CA-CV 20-

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0120, 2021 WL 56402, at *3 (Ariz. Ct. App. Jan. 7, 2021). Here, Defendants cite errors in

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Plaintiff’s financial recordkeeping, and provide a memo detailing Plaintiff’s failure to

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“accurately document the District’s profit and loss statement, which resulted in a shortfall

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of more than $150,000.” (Doc. 65 at ¶23); (Doc. 65-1 at 262 (Exhibit 9)). Defendants also

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cite to “significant inconsistencies in the District’s financial records.” (Doc. 65 at ¶ 24).

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Defendants further cite other performance issues, and provide emails illustrating that

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Plaintiff “made several mistakes in submitting payments to vendors.” (Doc. 65 at ¶ 26);

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(Doc. 65-1 at 292-295 (Exhibits 14 & 15)). Defendants cite other performance issues with

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corresponding emails and memos as support, including issues with Plaintiff’s scheduling,
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aggression with co-workers, and opening Chief Heaton’s personal mail without

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permission. (Doc. 65 at 5-7). The Court finds these non-discriminatory reasons to be

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legitimate and sufficiently supported by clear and convincing evidence in the record.

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Accordingly, Defendants have rebutted the presumption that they reduced Plaintiff’s hours

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for discriminatory reasons.

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Plaintiff has not created an issue of fact on Defendants’ non-discriminatory reasons.

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Plaintiff alleges that Defendants’ proffered reasons are “nonsensical, shifting, and

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contradictory.” (Doc. 66 at 9). Plaintiff cites specifically to the financial reasons for

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reducing Plaintiff’s hours, as well as Plaintiff “using the cash basis instead of accrual

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basis.” (Doc. 66 at 9-10). However, Defendants provided other independently sufficient

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reasons for reducing her hours, including that she “repeatedly submitted inaccurate and

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inconsistent financial data and records to the Board,” as discussed above. (Doc. 64 at 10).

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As this Court has already held, those reasons are supported by the record, and Plaintiff

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points to no contrary evidence to refute them. In sum, Defendants have offered clear and

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convincing evidence of legitimate reasons for reducing Plaintiff’s hours, and Plaintiff has

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not created a genuine issue of fact as to Defendants’ proffered non-discriminatory reasons.

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Plaintiff’s AMWA retaliation claim therefore fails.

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c. Wage Claims (Counts I & III)

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Defendants argue Plaintiff’s wage claims, Counts I and III, “are moot because the

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parties already resolved these claims.” (Doc. 64 at 11). Defendants argue that Plaintiff sent

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a demand letter to the District stating that she is entitled to unpaid wages and overtime, and

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that, “on the advice of the District’s attorney, Chief Heaton directed Corbin to pay herself

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$1,382.53 in uncompensated overtime and an additional $1,480.00 to cover all applicable

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fees and penalties.” (Doc. 64 at 12). Plaintiff argues that the amount of unpaid wages she

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personally calculated is “over twice the amount paid by Defendants” and that “[t]he number

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of hours Plaintiff worked and was not paid for is a disputed fact that should go before the

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jury.” (Doc. 66 at 12). Defendants argue Plaintiff has not proven, or even attempted to

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prove, that the calculation of the amount paid was in error. (Doc. 64 at 12). Defendants
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also argue that Plaintiff “has not created a question of fact on whether she actually

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performed uncompensated work” because, while “the District produced all timekeeping

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and payroll records that it relied upon to calculate [Plaintiff]’s unpaid wages in the amount

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of $2,862, [Plaintiff] has not identified any additional uncompensated hours from these

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records.” (Doc. 68 at 8).

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When asked how much Plaintiff believed she was not paid in wages, Plaintiff

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answered that she did not have that number. (Doc. 67-3 at 150-51). When asked whether

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she had done a calculation to deduct the settlement amount she was paid by Defendants

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from what she is claiming, Plaintiff answered that she had “done about ten different

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spreadsheets on all of this” but, when asked if she knew what the number was, she again

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answered: “No. Not off the top of my head.” (Doc. 66-3 at 221).

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An employee who brings an action for unpaid wages under the FLSA has the burden

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of proving that she performed the work for which he was not properly compensated. See,

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e.g., Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680, 686-87 (1946) (superseded by

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statute on other grounds) (“An employee who brings suit under s 16(b) of the Act for unpaid

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minimum wages or unpaid overtime compensation, together with liquidated damages, has

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the burden of proving that he performed work for which he was not properly

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compensated.”); Finton v. Cleveland Indians Baseball Co. LLC, No. CV-19-02319-PHX-

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MTL, 2021 WL 661975, at *5 (D. Ariz. Feb. 19, 2021) (same). Under the Mt. Clemens

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burden-shifting framework, the employee must first “prove[] that [s]he in has in fact

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performed work for which [s]he was improperly compensated” and “produce[] sufficient

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evidence to show the amount and extent of that work as a matter of just and reasonable

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inference.” Mt. Clemens, 328 U.S. at 687-88. Even where the employer fails to keep

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adequate records of the employee's hours, the employee must still “prove that [s]he has in

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fact performed work for which [s]he is owed overtime, and (2) produce ‘sufficient evidence

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to show the amount and extent of that work as a matter of just and reasonable inference.’”

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Ader v. SimonMed Imaging Inc., 465 F. Supp. 3d 953, 964 (D. Ariz. 2020) (quoting Mt.

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Clemens, 328 U.S. at 687).
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Here, Defendants hired outside counsel to analyze Plaintiff’s timesheets and

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discovered approximately $1,382.53 in unpaid wages. (Doc. 65-1 at 371-75 (Defendants’

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Exhibit 34)). The only evidence that Plaintiff provides of her overtime hours worked

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(beyond those already compensated for by Defendants), is a spreadsheet she herself

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prepared tracking her hours. (Doc. 67-7 (Plaintiff’s Exhibit 7)). This is not sufficient to

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create a genuine issue of material fact. See, e.g., FTC v. Publ'g Clearing House, Inc., 104

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F.3d 1168, 1171 (9th Cir. 1997) (“A conclusory, self-serving affidavit, lacking detailed

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facts and any supporting evidence, is insufficient to create a genuine issue of material

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fact.”) (emphasis added). Accordingly, there remains no issue of material fact on Plaintiff’s

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remaining unpaid wages claims.

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d. Punitive Damages

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Under A.R.S. § 12-820.04, “[n]either a public entity nor a public employee acting

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within the scope of his employment is liable for punitive or exemplary damages.” Plaintiff

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argues that Defendant ACFD is not a public entity and that, even if it was, the Court “should

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not extend total immunity over Heaton” because “none of his job duties include

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intimidation or retaliation.” (Doc. 66 at 13). Thus, Plaintiff argues “Heaton exceeded the

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scope of his job duties by, for example, spying on Plaintiff outside of her normal work

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hours, intimidate her and other employees and threaten them with termination should they

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talk to individuals who are no longer ACFD employees, and basing his decision to reduce

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hours partially on an individual who is not an ACFD employee.” (Doc. 66 at 13).

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Plaintiff first argues that Defendants have not proven ACFD is a public entity

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because “Defendants have not argued that a money judgment against them would be paid

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out of state funds.” (Doc. 66 at 13). However, that test applies when determining whether

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a municipality is subject to sovereign immunity under the Eleventh Amendment and is not

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applicable here. See, e.g., Wisniewski v. Town of Columbus, 2009 WL 10701744, at *3-4

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(D. Mont. Nov. 18, 2009). Defendant ACFD, a city fire district, is a public entity, and

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Defendant Heaton is a public employee. See, e.g., Anderson v. Peninsula Fire Dist., No.

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2:13-CV-01736-TLN, 2014 WL 1400950, at *1 (E.D. Cal. Apr. 10, 2014) (“Defendant Fire
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District is a public entity, and the individual defendants are all public employees.”);

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Hygiene Fire Prot. Dist. v. Bd. of Cty. Comm'rs of Cty. of Boulder, 205 P.3d 487, 489

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(Colo. App. 2008) (finding that fire district is a public entity); Stevens Constr. & Design,

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L.L.C. v. St. Tammany Fire Prot. Dist. No. 1, 2019-0955 (La. App. 1 Cir. 7/8/20) (same).

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Plaintiff’s arguments to the contrary are unavailing. Defendant ACFD is a public entity,

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and Defendant Heaton is a public employee.

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Further, Defendant Chief Heaton was acting within the scope of his employment

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when he reduced Plaintiff’s hours. The action that the Court must consider for the scope-

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of-employment analysis is the reduction of Plaintiff’s hours, i.e. Chief Heaton’s allegedly

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retaliatory action. “In Arizona, [t]he conduct of a servant is within the scope of employment

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if it is of the kind the employee is employed to perform, it occurs substantially within the

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authorized time and space limit, and it is actuated at least in part by a purpose to serve the

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master.” Smith v. Am. Exp. Travel Related Servs. Co., 876 P.2d 1166, 1170 (Ariz. App.

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1994) (internal quotation marks omitted). “[A]n employee is acting within the scope of his

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employment while he is doing any reasonable thing which his employment expressly or

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impliedly authorizes him to do or which may reasonably be said to have been contemplated

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by that employment as necessarily or probably incidental to the employment.” Ray Korte

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Chevrolet v. Simmons, 571 P.2d 699, 704 (Ariz. App. 1977). Defendant Chief Heaton was

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clearly acting within the scope of his employment when he reduced Plaintiff’s hours. As

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describe above, he cited several legitimate reasons for reducing Plaintiff’s hours—all of

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which were motivated by serving the ACFD. Plaintiff even admits to this in her Complaint.

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(Doc. 1 at ¶ 3) (“Moreover, in all these capacities, including the decisions made regarding

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Plaintiff’s wages and employment, Heaton was acting directly or indirectly in the interest

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of ACFD.”). Plaintiff’s punitive damages claim is therefore barred by Arizona law.

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IV.

CONCLUSION
For the foregoing reasons, Plaintiff fails to identify a genuine issue of material fact

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as to any of her claims. Accordingly,

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IT IS ORDERED that Defendants’ Motion for Summary Judgment (Doc. 64) is
granted. The Clerk of Court shall enter judgment accordingly and terminate this case.
Dated this 27th day of April, 2021.

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Honorable Steven P. Logan
United States District Judge

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