Polejewski v. Crossroads Correctional Center

Filing 52

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. The Court has reviewed Judge Johnston's Findings and Recommendations for clear error. The Court finds no error in Judge Johnston's Findings and Recommendations, and adopts them in full. ; adopti ng Findings and Recommendations re 51 Findings and Recommendations. IT IS ORDERED that Judge Johnston's 51 Findings and Recommendations are ADOPTED IN FULL. IT IS ORDERED that Defendants' 14 Motion for Partial Summary Judgment is GRA NTED. IT IS FURTHER ORDERED that Polejewski's claim of wrongful discharge under Montana's Wrongful Discharge from Employment Act is DISMISSED WITH PREJUDICE. Copy of Order mailed to Plaintiff Polejewski. Signed by Judge Brian Morris on 11/14/2017. (SLR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION

PAMELA JO POLEJEWSKI,

CV-16-105-GF-BMM-JTJ

Plaintiff,
vs.
ORDER
CORECIVIC OF TENNESSEE,
Defendant.

Crossroads Correctional Center (“CCC”) in Shelby, Montana terminated
Plaintiff Pamela Polejewski’s employment on April 1, 2016. (Doc. 51 at 1.)
Polejewski, as an employee of CCC, was also considered an employee of CCA of
Tennessee, LLC. Id. CCA of Tennessee, LLC changed its name to CoreCivic of
Tennessee, LLC (“CoreCivic”) in November of 2016. Id. at 2. During her
termination meeting, Polejewski received information regarding her employer’s
grievance process and the appropriate form to fill out if she wished to contest the
grounds for her termination. Id.
Polejewski filed an action alleging that she was wrongfully discharged under
the Montana Wrongful Discharge from Employment Act (“WDEA”) and also
alleged blacklisting. (Doc. 2.) CoreCivic seeks partial summary judgment on the
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wrongful discharge claim. (Doc. 14.) CoreCivic argues Polejewski failed to
exhaust its grievance policy, which serves as a complete bar to her claim. Id.
United States Magistrate Judge John Johnston entered Findings and
Recommendations in this matter on October 17, 2017. (Doc. 51.) Neither party
filed objections.
When a party makes no objections, the Court need not review de novo the
proposed Findings and Recommendations. Thomas v. Arn, 474 U.S. 140, 149-52
(1986). This Court will review Judge Johnston’s Findings and Recommendations,
however, for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach.,
Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
Judge Johnston determined that the WDEA provides that if the employer
“maintains written internal procedures” under which an employee may appeal a
discharge, an employee is required to “exhaust those procedures” before filing an
action. (Doc. 51 at 5.) The Montana Supreme Court determined that failing to
exhaust internal procedures serves as “a complete bar to pursuing a claim under the
WDEA.” Haynes v. Shodair Children’s Hosp., 137 P.3d 518, 521 (Mont. 2006).
Judge Johnston determined that no dispute exists that Polejewski failed to exhaust
CoreCivic’s internal grievance procedure. (Doc. 51 at 6.) She received a written
statement regarding the Warden’s “Step Two” decision, affirming her discharge.

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Id. Polejewski failed, however, to take “Step 3” of the grievance process by not
completing and submitting the appropriate form. Id. at 7.
Judge Johnston determined that no genuine issue of material fact exists
because CoreCivic provided Polewjeski with its written internal grievance
procedures. Id. Judge Johnston further found that Polejewski failed to follow the
internal grievance procedures. Id. Judge Johnston recommends that the Court grant
Defendant’s motion for partial summary judgment. Id.
The Court has reviewed Judge Johnston’s Findings and Recommendations
for clear error. The Court finds no error in Judge Johnston’s Findings and
Recommendations, and adopts them in full.
IT IS ORDERED that Judge Johnston’s Findings and Recommendations
(Doc. 51), is ADOPTED IN FULL.
IT IS ORDERED that Defendants’ Motion for Partial Summary Judgment
(Doc. 14), is GRANTED.
IT IS FURTHER ORDERED that Polejewski’s claim of wrongful
discharge under Montana’s Wrongful Discharge from Employment Act is
DISMISSED WITH PREJUDICE.
DATED this 14th day of November, 2017.

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