Campbell v. Barr et al
Filing
178
MEMORANDUM OPINION & ORDER: Before the Court are Defendants' 133 Motion for Summary Judgment and Plaintiff's Second 140 Motion for Partial Summary Judgment. The Court grants Defendants' Motion and denies Plaintiff's Motion. (Ordered by Judge Mark Pittman on 9/16/2022) (mmw)
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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
IN RE CASEY CAMPBELL
No. 4:21-cv-0881-P
MEMORANDUM OPINION & ORDER
Before the Court are Defendants’ Motion for Summary Judgment
(ECF No. 133) and Plaintiff’s Second Motion for Partial Summary
Judgment (ECF No. 140). For the reasons listed below, the Court grants
Defendants’ Motion and denies Plaintiff’s Motion.
INTRODUCTION
This is a hostile work environment and employment discrimination
case. Plaintiff Casey Campbell is a Baptist chaplain at the Federal
Bureau of Prisons (the “BOP”). Campbell alleges a Catholic chaplain at
the BOP, Defendant William Onuh, violated his religious rights and
created a hostile work environment. Campbell also alleges that the BOP
failed to take corrective action to resolve Onuh’s complaints after an
administrative decision instructed it to do so. Campbell thus also named
the Attorney General as a Defendant, as head of the BOP.
Defendants move for summary judgment on all claims asserted by
Campbell, contending that Campbell’s claims under Title VII of the Civil
Rights Act of 1964 (“Title VII”) fail. First, they assert that the evidence
presented does not demonstrate a hostile work environment. Second, as
to the religious discrimination claims, they assert that Campbell did not
exhaust administrative remedies and cannot show an adverse
employment action taken on a discriminatory or retaliatory basis.
Defendants also argue that Campbell’s Religious Freedom Restoration
Act (“RFRA”) claims fail because Title VII preempts them, and Campbell
cannot show a substantial burden on his exercise of religion. In the same
motion, the Attorney General individually moves for summary judgment
on his counterclaim for monies previously paid to Campbell under an
administrative decision that Campbell elected to relitigate de novo in
this action.
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Campbell moves for partial summary judgment on several discrete
points. The Court ultimately concludes that none of his arguments are
meritorious and accordingly denies Campbell’s motion.
BACKGROUND
This case has a convoluted procedural history that need not be
exhaustively rehashed to rule on the present motions. The Court will
give a brief synopsis of the essential background, including the
administrative proceedings that predated this lawsuit, before turning to
its analysis.
Campbell initiated this process by filing an administrative complaint
with the BOP’s internal Equal Employment Opportunity (“EEO”)
process in May 2017. He alleged that Onuh created a hostile work
environment and violated Title VII by discriminating against Campbell
based on his religion. ECF No. 58 ¶¶ 2–3. The allegations were
investigated by an outside contractor. ECF No. 135-1 at 144–65. This
investigation produced about 60 pages of materials, including written
responses to interrogatories from BOP employees and Campbell, but not
oral testimony or in-person hearings. Id. at 87–90, 141, 163–65. The
Complaint Adjudication Office (“CAO”)—an office within the DOJ’s Civil
Rights Division—considered the limited paper record and then issued a
decision in May 2019 stating that the “record support[ed] a claim of
harassment based on religion.” ECF No. 58 at 30–55.1 The CAO
determined that Campbell was entitled to compensatory damages and
attorneys’ fees. Id. at 53–54. Then, in September 2019, the CAO
determined Campbell was entitled to $15,000 in non-pecuniary
damages, $1,000 in attorneys’ fees, and the restoration of leave hours.
ECF No. 135-1at 90–91.
Three months later, Campbell filed a second EEO complaint, alleging
“the religious discrimination and relation against [him] continue[d]” and
“no corrective action ha[d] been taken to stop Chaplain Onuh’s illegal
conduct.” ECF No. 135-1 at 199. In March 2020, that second EEO
1To
match the style of Defendants’ brief, page references to Campbell’s
amended complaint are to the page numbers appearing at the top of each page,
as generated by the ECF system. See ECF No. 134 at n.6.
2
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complaint was administratively dismissed based on its overlap with this
lawsuit. ECF No. 58 at 74–75.
As mentioned, this lawsuit has a tortured procedural history. In
short, this case was transferred from the Dallas Division (when it was
nearly a year old) and then consolidated with another existing lawsuit
on the Court’s docket. See ECF Nos. 50, 52. Relevant here, Campbell’s
operative pleading is his First Amended Complaint (ECF No. 58),
wherein Campbell requests de novo review of the CAO final agency
decision and asserts claims under both Title VII and RFRA. See
generally
ECF
No.
58.
Campbell
seeks
damages
and
declaratory/injunctive relief.
The crux of Campbell’s claims stems from Onuh’s allegedly hostile
and discriminatory behavior on a multitude of occasions. A sampling of
these allegations is sufficient to give a flavor of Campbell’s complaints.
Campbell alleges that during two masses held in 2017, Onuh stated
during his homilies (at which Campbell was not present) that
Campbell’s Protestant ministry was “only entertainment” and referred
to a supervisor chaplain as “that boy.” ECF No. 135-1 at 166. He further
alleges that Onuh sometimes refused to escort non-Catholic volunteers
into the facilities. On occasion, Onuh also refused to supervise activities
he was assigned to cover. Id. at 166. This sometimes resulted in other
chaplains working overtime. Grievances like these form the basis of
Campbell’s EEO complaints and his claims presently before the Court.
See ECF No. 58.
LEGAL STANDARD
Summary judgment is appropriate when the pleadings, depositions,
admissions, disclosure materials on file, and affidavits, if any, show
there is “no genuine dispute as to any material fact and the movant is
entitled to judgment as a matter of law.” FED. R. CIV. P. 56(a), (c)(1). A
fact is material if the governing law identifies it as having the potential
to affect the suit’s outcome. Anderson v. Liberty Lobby, Inc., 477 U.S.
242, 248 (1986). While the moving party “must demonstrate the absence
of a genuine issue of material fact, it does not need to negate the
elements of the nonmovant’s case.” Duffie v. United States, 600 F.3d 362,
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371 (5th Cir. 2010). An issue as to a material fact is genuine “if the
evidence is such that a reasonable jury could return a verdict for the
nonmoving party.” Id. To show a genuine dispute as to the material
facts, the nonmoving party “must do more than simply show that there
is some metaphysical doubt as to the material facts.” Matsushita Elec.
Indus. Co. v. Zenith Radio Co., 475 U.S. 574, 586 (1986). The nonmoving
party must show evidence sufficient to support the resolution of the
material factual issues in their favor. Anderson, 477 U.S. at 249 (citing
First Nat’l Bank of Ariz. v. Cities Serv. Co., 391 U.S. 253 (1968)). When
evaluating a motion for summary judgment, the Court views the
evidence in the light most favorable to the nonmoving party. Id. at 255
(citing Adickes v. S.H. Kress & Co., 398 U.S. 144, 158–59 (1970)).
ANALYSIS
The Court will first address Defendants’ Motion, starting with the
request for summary judgment on Campbell’s Title VII claims, followed
by his RFRA claims. Then, the Court will analyze Defendants’ request
for summary judgment on the Attorney General’s counterclaim. Finally,
the Court will move to Campbell’s Motion.
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
A. Defendants are entitled to summary judgment on Campbell’s
Title VII claims.
Defendants contend that, reviewing de novo, Campbell’s Title VII
hostile work environment claim and his discrimination/retaliation
claims fail. The Court agrees and grants summary judgment in
Defendants’ favor on these claims.
1. Because Campbell requested de novo review, the questions of
liability and remedy must be determined anew.
Title VII allows a federal employee to bring a civil action if he is
“aggrieved” by his employing agency’s decision on his EEO complaint.
42 U.S.C. § 2000e-16(c). The employee may file two types of actions: (1) a
suit to enforce the administrative decision, where courts examine only
“whether the agency has complied with the decision,” or (2) a suit for de
novo review of the agency’s decision. Massingill v. Nicholson, 496 F.3d
382, 384 (5th Cir. 2007). Campbell elected for de novo review. ECF No.
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58 ¶ 19.2 This entails de novo review of “both liability and remedy.”
Massingill, 496 F.3d at 385 (quoting Scott v. Johanns, 409 F.3d 466, 472
(D.C. Cir. 2005)); see ECF No. 152 at 20 (Campbell acknowledging that
“all questions of liability and remedy must be determined anew based
on the new record created in this litigation” (quoting ECF No. 134)).
Accordingly, Campbell recognizes that “administrative findings are
merely evidence—that, like any other evidence, can be accepted or
rejected by the trier of fact—requires [the plaintiff to] put his employing
agency’s underlying discrimination at issue in the case.” ECF No. 134 at
20 (quoting Laber v. Harvey, 483 F.3d 404, 421 (4th Cir. 2006)).
It is therefore undisputed that the underlying CAO decisions are
merely evidence for the Court to consider in its review of Campbell’s
claims. Notably, the Parties engaged in extensive discovery that
produced a record far more voluminous than the limited record available
to the CAO. ECF No. 134 at 15. This includes about 60 hours of oral
deposition testimony (the CAO had none), thousands of pages of
document production (that were not considered by the CAO), and several
rounds of written discovery (building upon the limited paper record
available to the CAO). See id. The Court therefore has the benefit of
considering the robust record produced during discovery to review
Campbell’s claims.
2. Campbell’s arguments that Defendants made judicial admissions
as to their liability are unfounded.
Campbell repeatedly asserts in his Response that Defendants’
arguments are irrelevant because Defendants made judicial admissions
to liability. Campbell is mistaken. He previously raised this argument
in the brief supporting his first motion for summary judgment. See ECF
No. 69 at 4–5, n.12. The Court rejected that argument and denied the
motion. See ECF No. 81. This issue has been exhaustively briefed
multiple times (see ECF Nos. 69 at 4–5; 72 at 17–20; 134 at 13–16; 161
2When
Judge Lindsay granted Campbell leave to amend his pleadings
(before this case was transferred and consolidated), he warned Campbell that
the amended pleadings “must be limited to either an enforcement suit under
the APA or a civil action seeking de novo review of the agency decision under
Title VII, but not both.” ECF No. 31 at 4 (emphasis in original).
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at 30; 163 at 1–3). That briefing solidifies the Court’s conclusion that
Campbell’s argument that Defendants judicially admitted liability fails
for two reasons.
First, in their discovery responses, Defendants acknowledged the
contents of the CAO decisions, see, e.g., ECF No. 60 ¶ 4 (statements in
answer admitting that the CAO issued a decision and noting the
contents of that decision), which Campbell suggests constitutes judicial
admission. He is incorrect, however, because Defendants did not admit
to liability by simply acknowledging the existence of the CAO decisions
and their contents. Second, for similar reasons, posting the EEO notice
at the prison does not constitute a judicial admission by Defendants. The
notice merely summarized the CAO decisions and was posted at the
direction of the CAO. Thus, reviewing de novo, the Court finds no reason
to conclude that Defendants’ actions constituted a judicial admission as
to their liability in this dispute.
3. Campbell’s hostile work environment claim fails.
Campbell’s central Title VII allegations raise a hostile work
environment claim. ECF No. 58 ¶¶ 36–167. To establish a prima facie
hostile work environment claim, a plaintiff must show: (1) he belongs
to a protected group, (2) he was harassed, (3) the harassment was based
on his protected class, (4) the harassment affected a term, condition, or
privilege of employment, and (5) the employer knew or should have
known of the harassment and failed to take prompt remedial action.
Price v. Wheeler, 834 F. App’x 849, 859 (5th Cir. 2020) (citing Ramsey v.
Henderson, 286 F.3d 264, 268 (5th Cir. 2002)). The Court considers the
“totality of the circumstances,” including “the frequency of the
discriminatory conduct; its severity; whether it is physically threatening
or humiliating, or a mere offensive utterance; and whether it
unreasonably interferes with an employee’s work performance.” Id. at
859–60 (citation omitted).
Defendants contend that Campbell failed to allege a prima facie
hostile work environment claim for three reasons: Campbell cannot
show (a) actionable harassment, (b) a connection between the alleged
harassment and his protected status, and (c) that management did not
take action to remediate Campbell’s concerns. ECF No. 134 at 16. The
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Court addresses these arguments below and ultimately agrees with
Defendants on each point. Campbell’s failure to demonstrate a prima
facie hostile work environment claim on these elements, even with the
benefit of extensive discovery, provides several independent grounds for
granting summary judgment for Defendants.
a. Campbell’s allegations of harassment did not affect a term or
condition of employment.
Defendants’ first argument cuts to the core of Campbell’s claims: they
contend Campbell was not subject to actionable harassment. The “legal
standard for workplace harassment in this circuit is . . . high,” regardless
of the type of harassment alleged. See Gowesky v. Singing River Hosp.
Sys., 321 F.3d 503, 509 (5th Cir. 2003) (allegations of discrimination
based on disability). For alleged harassment to “affect a term, condition,
or privilege of employment,” it must be “sufficiently severe or pervasive
to alter the conditions of the victim’s employment and create an abusive
working environment.” Ramsey v. Henderson, 286 F.3d 264, 268 (5th
Cir. 2002) (internal quotations and citations omitted). Determining
whether a work environment is actionably hostile depends on a totality
of circumstances. See id. This analysis “focus[es] on factors such as the
frequency of the conduct, the severity of the conduct, the degree to which
the conduct is physically threatening or humiliating, and the degree to
which the conduct unreasonably interferes with an employee’s work
performance.” Weller v. Citation Oil & Gas Corp., 84 F.3d 191, 194 (5th
Cir. 1996). Defendants contend that Campbell failed to show that the
alleged harassment affected Campbell’s work performance, was severe
or pervasive, or was physically threatening or humiliating. ECF No. 134
at 17–24. The Court agrees.
i.
Lack of sufficient adverse impact on employment
Defendants point to Campbell’s excellent employment record to show
that the allegedly hostile work environment did not adversely impact
Campbell’s employment. Campbell states he “has routinely been
evaluated as an exemplary employee” at FMC Carswell. ECF No. 58 ¶
37. Campbell’s deposition testimony confirmed that he has always
received positive performance reviews, has never been formally
disciplined, and has consistently advanced up the company’s career
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advancement scale with corresponding pay increases, bonuses, and
awards. ECF No. 135-1 at 15–19. This testimony is corroborated by
Campbell’s consistent “excellent” and “outstanding” ratings on his
annual performance (which were not available to the CAO). See ECF No.
135-2 at 584–633.
Defendants contend that this evidence undermines Campbell’s
claims that the alleged hostile work environment adversely affected his
job performance. ECF No. 134 at 22 (citing Kenyon v. W. Extrusions
Corp., No. 98-CV-2431-L, 2000 WL 12902, at *6 (N.D. Tex. Jan. 6, 2000))
(explaining that, although the court found the conduct at issue
“offensive and despicable,” the plaintiff failed to produce evidence
showing she failed to perform her job, was discouraged from continuing
to work, or failed to advance in her career as a result of the harassment).
Campbell counters by offering only conclusory statements that his
“hostile work environment affected the terms, conditions[,] and
privileges of his employment.” ECF No. 161 at 33. He cites no evidence
or authority to support his contention and instead relies on the alreadyrejected argument that Defendants admitted liability. See id. at 33–34.
Campbell’s argument does not cut the mustard; his conclusory
statements that the hostile work environment negatively impacted his
job performance is insufficient to demonstrate that Defendants’ conduct
was objectively and subjectively hostile or abusive, so much so that he
was unable to succeed in the workplace. The Court thus agrees with
Defendants and concludes that this factor weighs against finding that
the alleged harassment affected a term or condition of Campbell’s
employment.
ii.
Conduct was not sufficiently severe or pervasive
Defendants next contend that the alleged harassment was not so
severe or pervasive that it altered the conditions of Campbell’s
employment. ECF No. 134 at 17. For harassment to be severe or
pervasive enough to be actionable under Title VII, the conduct must be
both subjectively and objectively offensive. See Harris v. Forklift Sys.,
Inc., 510 U.S. 17, 21–22 (1993). In other words, the Court considers
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whether a reasonable person would find the conduct hostile and abusive
and asks whether the victim perceived the conduct as such. See id.
To be sure, Campbell perceived Defendants’ actions to be hostile and
abusive. See generally ECF No. 134 at 17 (describing Defendants’
allegedly hostile and abusive behavior). So, the central question here is
whether a reasonable person would similarly find Defendants’ conduct
hostile and abusive.
Accepting Campbell’s allegations as true, Onuh’s workplace sins
were primarily ones of omission. For example, Onuh “regularly l[eft]
work early,” and Onuh’s behavior caused other chaplains at the BOP,
including Campbell, “to temporarily perform tasks that Campbell
thought Onuh should have done.” ECF No. 134 at 17 (citing ECF No.
135-1 at 29–42, 61–63, 128–34). Some of those tasks include “escorting
volunteers, locking or unlocking doors, or performing other
administrative-type tasks.” Id. But the evidence reflects that these sorts
of tasks were expected to be performed by any BOP chaplain. Id. (citing
id. at 6–7). And even if not, Campbell has neither produced evidence nor
caselaw supporting his contention that a reasonable person would find
Onuh’s alleged shirking of his work responsibilities sufficiently hostile
and abusive to constitute a Title VII violation.3
Campbell’s complaints against Onuh fall well short of his burden of
proving that Onuh’s conduct is subjectively and objectively hostile and
abusive to be actionable under Title VII. And because Campbell
identifies no caselaw demonstrating that the dynamic between
Campbell and Onuh creates an actionable hostile work environment
claim, the Court concludes that this factor also weighs against finding
that the alleged harassment affected a term or condition of Campbell’s
employment. See ECF No. 161 at 32–35.
3Defendants
correctly point out that in many instances, Campbell’s
complaints against Onuh have no connection to Campbell. See ECF No. 164 at
4. Because Campbell fails to delineate how Onuh’s actions that did not affect
Campbell created a hostile work environment for Campbell, the Court rejects
his argument on those points.
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iii.
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Conduct was not physically threatening or humiliating
Defendants next contend that none of the alleged conduct was
physically threatening or humiliating. ECF No. 134 at 20–21 (citing
Weller, 84 F.3d at 194). Indeed, Campbell confirmed that Onuh was
never physically violent with him or engaged in any kind of meanspirited practical joke. ECF No. 134 at 64–65. Cf. La Day v. Catalyst
Tech., Inc., 302 F.3d 474, 476, 482 (5th Cir. 2002) (holding that a
plaintiff showed his supervisor’s harassment was physically humiliating
where the supervisor inappropriately touched his private parts and spat
tobacco juice on him). Accordingly, this factor weighs against Campbell’s
hostile work environment claim as well.
Because the factors weigh against finding that Campbell was subject
to work in a hostile environment, the Court concludes that Campbell
fails to allege actionable harassment. See Ramsey v. Henderson, 286
F.3d 264, 268. Summary judgment for Defendants is therefore granted
on this claim.
b. Campbell’s claim is not connected to a protected status.
Defendants next challenge Campbell’s assertions that he was
harassed because of his Baptist religion. They argue nearly all of Onuh’s
objectionable behavior is disconnected from Campbell’s status as a
Baptist. ECF No. 134 at 24. Prior emails produced during discovery did
not suggest that Onuh was “engaged in some form of religious
discrimination against Campbell (as opposed to just personally
disagreeable or uncivil behavior).” (ECF No135-1 at 179–82). As
discussed above, Campbell alleges that Onuh shirked work and
performed poorly. But there is no evidence that Campbell’s Baptist
status somehow caused or motivated Onuh to behave in that way. ECF
No. 134 at 25.
Campbell offers only a perfunctory, conclusory response to this
argument. ECF No. 161 at 31–32. He argues that he is Baptist and
“suffered an adverse employment action when BOP denied him
preferential treatment that Defendant Onuh was allowed because of
Campbell’s religion.” Id. at 32. Without supporting evidence, he
complains that the “denial of favored job conditions given to Onuh”
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constitutes an adverse employment action taken against Campbell
because he is Baptist. Id. Campbell leans again on the inapposite
argument that the Final Agency Decision is a binding admission of
liability, which the Court again rejects. Id. at 33.
Because Campbell presented no competent summary judgment
evidence that the harassment complained of was based on his Baptist
status, Campbell’s Title VII claim also fails under this element.
c. The BOP responded to Campbell’s complaints.
Defendants assert that even though the of which conduct Campbell
complains does not constitute actionable harassment, the BOP
nevertheless took steps to minimize contact between Campbell and
Onuh. ECF No. 134 at 25. Defendants specifically note that Campbell
and Onuh’s “work schedules have not substantially overlapped over the
years—particularly [considering that] essentially all chaplains work
Sundays but are busy doing inmate services and other activities such
that they do not have much interaction.” ECF No. 134 at 25 (citing ECF
No. 135-1 at 24–25, 73, 289–305). Additionally, in recent years, when
“Campbell and Onuh have been scheduled to work on the same days,
one has been assigned to the camp facility while the other will be
assigned to the main facility, thus further ensuring that they are not
continually working in the same area.” Id. (citing ECF No. 135-1at 120–
21). Campbell does not meaningfully respond to this argument. See ECF
No. 134 at 32–35. Therefore, even if Campbell had demonstrated an
actionable Title VII claim, he fails to rebut Defendants’ assertion of
actions adequate to remedy his complaints.
4. Campbell’s religious discrimination/retaliation claims fail.
Finally, though the Complaint is less than artfully drafted,
Campbell’s pleading may allege religious discrimination or retaliation
claims. He alludes to discrete adverse employment actions (such as a
failure to hire or promote) that are ostensibly distinct hostile work
environment claims. While the former entails specific instances of
discrimination, the latter involves a more prolonged course of conduct.
See Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 115 (2002)
(“Hostile environment claims are different in kind from discrete acts.”).
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Specifically, Campbell alleges that he was not selected to be a
supervisory chaplain at FMC Carswell in 2015, and he vaguely suggests
he should have been placed in some unspecified “special rate” or
“retention pay” position carrying a higher salary. See ECF No. 135-1 at
26–29, 122–25. Campbell asserts that failure to promote because the
warden allegedly told him to stop complaining about Onuh or other
issues in the Religious Services department. Id. at 26–29. Campbell
acknowledged, however, that he did not file an EEO complaint about not
being selected, and “[t]he person whom they selected is a white
Protestant male who graduated” from the same seminary as Campbell,
evidencing that there was any possible discrimination was not based on
Campbell’s religion. Id. at 27–28.
Defendants assert that these types of accusations are properly
considered discrete adverse employment acts. See ECF No. 134 at 26
(citing Morgan, 536 U.S. at 114 (“Discrete acts such as termination,
failure to promote, denial of transfer, or refusal to hire are easy to
identify.”)). Defendants thus move for summary judgment on Campbell’s
ostensible discrimination or retaliation claims, as distinct from his
hostile work environment claims. Id. (citing EEOC v. USF Holland,
LLC, No. 3:20-CV-270-NRB-RP, 2021 WL 4497490, at *2 (N.D. Miss.
Sept. 30, 2021)) (“Failure to hire is a ‘discrete act’ which is easy to
identify and distinguished from hostile work environment claims . . . .”).
Defendants argue, however, that such claims are barred because
Campbell failed to timely exhaust his administrative remedies, and he
failed to establish a prima facie case. ECF No. 134 at 28. Campbell
almost entirely ignores Defendants’ arguments on these points in his
Response.
Before suing in federal court under Title VII, a federal employee
asserting a claim of employment discrimination must first exhaust
administrative remedies by complying with the EEO regulations set
forth in 29 C.F.R. § 1614.105 et seq. See Thomas v. Napolitano, 449 F.
App’x 373, 374–75 (5th Cir. 2011). These regulations require a federal
employee claiming discrimination to contact an EEO counselor about
the alleged incident “within 45 days of the date of the matter alleged to
be discriminatory” and then file an administrative EEO complaint if the
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issue is not resolved through the counseling process. 29 C.F.R.
§§ 1614.105(a)(1), 1614.106(a). Generally, “absent a defense of waiver,
estoppel, or equitable tolling,” failure to timely notify the EEO bars such
a claim from proceeding. Pacheco v. Rice, 966 F.2d 904, 905 (5th Cir.
1992).
Campbell indicated he was not promoted to supervisory chaplain in
2015, but he did not file an EEO complaint until years later, in 2017.
Even then, his tardy complaint neglected to mention the allegedly
discriminatory failure to promote him to supervisory chaplain. Because
Campbell did not timely initiate the EEO process on his failure-topromote claim, that claim is barred. See id.
So too for Campbell’s vague claim that he should have been placed
on a “special rate,” “retention pay,” or other similar position. Campbell
failed to show that he applied for any positions that would entitle him
to these benefits. Nor did Campbell demonstrate that he initiated—let
alone exhausted—an EEO complaint on this lack-of-benefits claim. See
ECF No. 134 at 29.
Finally, Campbell presented no evidence showing he is entitled to a
defense of waiver, estoppel, or equitable tolling. Because he never filed
an EEO complaint addressing his failure-to-promote and his lack-ofbenefits claims, these defenses are inapplicable. See, e.g., Eberle v.
Gonzales, 240 F. App’x 622, 627 (5th Cir. 2007) (“[The]doctrine of
equitable tolling does not permit plaintiffs to suspend the time for filing
discrimination complaints indefinitely when they discover instances of
disparate treatment of other employees months or years after their
discharge.” (citation and quotation omitted)).
Because the Court concludes these claims were not administratively
exhausted and thus barred from proceeding, the Court declines to
undertake the McDonnel Douglas analysis to determine whether
Campbell pleaded a prima facie case. Defendants are therefore entitled
to summary judgment on Campbell’s Title VII claims.
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B. Defendants are entitled to summary judgment on Campbell’s
RFRA claims.
Defendants also move for summary judgment on Campbell’s RFRA
claims, arguing that these claims are preempted by Title VII.
“[T]itle VII provides the exclusive remedy for employment
discrimination claims raised by federal employees.” Kaswatuka v. U.S.
Dep’t of Homeland Sec., 7 F.4th 327, 330–31 (5th Cir. 2021) (quoting
Jackson v. Widnall, 99 F.3d 710, 716 (5th Cir. 1996)). When “both the
RFRA and Title VII claims that [a federal employee] plaintiff has alleged
in [his] complaint are based on identical facts . . . the RFRA claims
plaintiff has asserted against [the federal agency] defendants are
preempted by the Title VII claims asserted against those same
defendants.” Tagore v. United States, No. H-09-0027, 2009 WL 2605310,
at *10 (S.D. Tex. Aug. 21, 2009) (explaining the interaction between
Title VII and RFRA and the corresponding caselaw).
Here, Campbell relies on the same factual allegations for both his
RFRA and Title VII claims. Compare ECF No. 58 ¶ 168 (relying on the
allegations in paragraphs 20 through 147 for Campbell’s Title VII
claims), with ¶ 174 (relying on the allegations in those exact same
paragraphs for his RFRA claims). Thus, Defendants argue that
Campbell’s RFRA claims are directly related to his Title VII claims, so
his RFRA claims are preempted by Title VII. ECF No. 134 at 40.
In response, Campbell did not cite a single case permitting a RFRA
claim for religious discrimination in federal employment, nor is the
Court aware of any. See, e.g., Holly v. Jewell, 196 F. Supp. 3d 1079, 1088
(N.D. Cal. 2016) (collecting district court cases from across the country
holding that Title VII preempts a federal employee’s RFRA claim).
Campbell’s two-sentence conclusory counterargument is insufficient to
pass muster. He merely states that he “is employed by the [BOP], not by
Defendant Onuh,” ECF No. 161 at 34, and consequently concludes that
because Onuh is not his employer, Defendants’ preemption defense fails.
But he cites no evidence or authority to support his conclusory
arguments. The Court therefore finds that Defendants are entitled to
summary judgment also on Campbell’s RFRA claims.
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C. The Attorney General is entitled to summary judgment on his
counterclaim to recover monies paid to Campbell.
Finally, Defendants assert that the Attorney General is entitled to
summary judgment on his counterclaim for the monies paid to Campbell
pursuant to the CAO decisions. See ECF No. 60. The Attorney General
asserts that a federal agency may pursue such a counterclaim in a de
novo employment-discrimination case to “offset against any recovery by
[the plaintiff] and judgment against [the plaintiff] if no liability is found
or the offset is greater than the recovery.” Massingill, 496 F.3d at 386–
87; see also Smith, 341 F. App’x at 37 (acknowledging that if a de novo
review finds no liability or a lower award is granted, the agency can
counterclaim against the plaintiff “to recover the amounts paid in excess
of the ultimate award”).
Here, the uncontested evidence shows Campbell received $15,000 in
non-pecuniary damages and $1,000 in attorneys’ fees from the BOP, as
awarded by the CAO. See ECF No. 14 at 6, 17; see also ECF No. 135-1
at 90–91. The Attorney General contends that he is entitled to recover
the $16,000 in total monies paid to Campbell at the administrative level.
See ECF No. 134 at 44–45 (citing Massingill, 496 F.3d at 386–87).
Multiple cases to support the Attorney General’s position. See, e.g.,
Hodge, 257 F. App’x at 730 (affirming grant of federal agency’s
counterclaim in a de novo employment-discrimination case to recover
funds paid to the plaintiff in accordance with the challenged EEOC
award, as the plaintiff had demonstrated no error in granting summary
judgment against her on her discrimination and retaliation claims, and
the EEOC had awarded her the funds in dispute based on those claims);
Young v. Buttigieg, No. 19-CV-01411-JCS, 2022 WL 1471416, at *4–6
(N.D. Cal. May 10, 2022) (denying plaintiff’s motion to dismiss federal
agency’s counterclaims in a de novo employment-discrimination case to
recover funds paid to the plaintiff in accordance with an EEOC award,
in large part as “there is no dispute that [the plaintiff] would owe the
government money if she does not”).
Campbell entirely ignores the Attorney General’s argument that the
Attorney General would be entitled to summary judgment if the Court
found no liability in its de novo review. See ECF No. 161. At most,
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Campbell makes a cursory reference in the brief supporting his own
dispositive motion to his alleged efforts to mitigate damages. See ECF
No. 141 at 38. This single paragraph merely states that “Campbell took
every opportunity to mitigate his damages” without pointing to any
substantiating evidence. Id. Thus, absent evidence to the contrary, the
Court concludes that Campbell did not mitigate his damages.
The Court reviewed Campbell’s claims for hostile work environment,
religious discrimination and retaliation, and RFRA violations de novo.
Because the Court granted summary judgment against Campbell on
each of these claims, the Court concludes there is no basis for liability
for Campbell’s claims against Defendants. Thus, the Court grants
summary judgment for the Attorney General on his counterclaim to
recover the monies paid to Campbell due to the CAO decisions. The
Attorney General is therefore entitled to recover $15,000 in nonpecuniary damages and $1,000 in attorneys’ fees paid to Campbell in the
earlier administrative proceedings. See ECF No. 14 at 6; see also ECF
No. 135-1 at 90–91.
PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
Campbell’s brief in support of his Motion for Partial Summary
Judgment is heavy on verbiage but light on substance. See ECF No. 141.
The 38-page brief contains just seven pages of analysis and zero
convincing arguments. See id. at 32–38. The Court addresses and
disposes of each in turn.
First, Campbell repeats the tired argument that “the final agency
decision here is not mere evidence, [but is instead] a judicial admission.”
Id. at 33, 35–37. The Court rejected this argument multiple times, both
in a previous order denying Campbell’s first dispositive motion, (ECF
No. 81), and in the analysis of Defendants’ Motion above. The Court
declines to rehash its analysis and merely incorporates its reasoning and
conclusion detailed above. In short, Campbell’s argument holds no
water.
Second, Campbell offers a terse argument for summary judgment on
his hostile work environment claim. See id. at 34–35. After reciting the
elements for such a claim, Campbell lists a handful of conclusory
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statements to bolster his argument. See id. But his statements amount
to little more than threadbare recitations of the elements of a hostile
work environment claim reconfigured to include the Parties’ names. He
cites: two distinguishable cases (one of which is out-of-circuit), the CAO
decision, Defendants’ Answer, an old Motion to Dismiss from an earlier
case, and Onuh’s Motion to establish qualified immunity. Id. at 35–36.
None of these constitute sufficient or persuasive summary judgment
evidence or authority. The dearth of supporting evidence is particularly
noteworthy because the Parties engaged in extensive discovery in this
case, as detailed above. The Court thus summarily denies Campbell’s
Motion on this claim.
Third, Campbell counters Defendants’ contention that Title VII
preempts his RFRA claim. See id. at 37–38. In his three-sentence
argument, Campbell posits that the evidence in this case shows
conclusively that he is employed by the [BOP], not by Defendant Onuh.
Id. Campbell cites no evidence or authority to support this contention.
The Court therefore incorporates its analysis on this point where it
granted summary judgment for Defendants on its preemption
argument. The Court therefore denies Campbell’s Motion on this claim.
Finally, Campbell contends that Defendants’ mitigation of damages
affirmative defense is not supported by evidence. He argues that this
“defense requires an injured party, following a breach, to exercise
reasonable care to minimize his damages” using reasonable efforts. Id.
at 38. Campbell then argues, again without citing any evidence or
authority, that “the evidence here on mitigation is conclusive that there
was a failure to mitigate, as Campbell took every opportunity to
mitigate.” Id. But Campbell fails to detail how he ostensibly mitigated
damages. See id. The Court therefore denies Campbell’s Motion on this
claim as well.
ORDER
For the reasons detailed above, the Court rules as follows:
Defendants Merrick B. Garland and William Onuh’s Motion for
Summary Judgment (ECF No. 133) is GRANTED. Accordingly,
Plaintiff Casey Campbell’s hostile work environment, religious
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discrimination, retaliation, and RFRA claims are each DISMISSED
with prejudice.
Defendants’ Motion for Summary Judgment on the Attorney
General’s counterclaim is GRANTED. The Court therefore ORDERS
the Attorney General is entitled to recover the $15,000 in non-pecuniary
damages and $1,000 in attorneys’ fees paid to Campbell as a result of
the prior administrative decisions.
Finally, Plaintiff Casey Campbell’s Second Motion for Partial
Summary Judgment (ECF No. 140) is DENIED.
SO ORDERED on this 16th day of September 2022.
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