Caven West v. Wayne County
672 F. App'x 535
6th Cir.2016Background
- Caven West was Chief of Staff/Chief Deputy Clerk to Wayne County Clerk Cathy Garrett and managed day-to-day operations of the Clerk’s office.
- Garrett twice told West to fire employee Lynn Wade after Wade returned from FMLA leave; West refused, believing firing would violate Wade’s FMLA rights.
- Garrett later directed West to oppose a Commissioners’ settlement with Wade; he refused; Commissioners approved the settlement; West took a pre-approved vacation and was fired upon return in January 2014.
- West sued Garrett and Wayne County alleging (1) FMLA retaliation, (2) First Amendment violation for political association retaliation, and (3) violation of Michigan’s Whistleblowers Protection Act; defendants moved for summary judgment.
- The district court granted summary judgment for defendants; on appeal the Sixth Circuit reviewed de novo and affirmed the district court in all respects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Whether West may sue under the FMLA for opposing an FMLA violation | West: §2615 protects “any individual,” so he should have a private right despite exceptions; agency regulation expands protection | Garrett/County: §2617 limits private actions to “eligible employees” and the FMLA incorporates FLSA’s "personal staff" exclusion | Held: West cannot sue under the FMLA; §2617 limits relief to eligible employees and he falls within the personal-staff exclusion |
| 2. Whether West is excluded as a member of the Clerk’s "personal staff" under FLSA/FMLA | West: He was not part of Garrett’s personal staff (points to certain letters and work for other entities) | Garrett/County: West was appointed “at pleasure of the Clerk,” reported only to Garrett, communicated daily and was second-in-command | Held: West was part of Garrett’s personal staff based on factors (appointment/removal power, sole accountability, intimacy of working relationship) |
| 3. Whether West stated/preserved a First Amendment political association claim | West: Alleged Garrett rewarded a supporter and fired him for refusing to support Garrett’s preferred mayoral candidate; argued political-association retaliation | Defendants: Complaint had insufficient factual development; plaintiff abandoned free-speech theory below and never amended to develop political-association claim | Held: Claim forfeited for raising the political-association theory late and, alternatively, the evidence is insufficient (speculation and timing only) |
| 4. Whether West proved a prima facie Michigan Whistleblowers Act claim (causation) | West: Opposed Wade’s firing (protected activity) and alleges subsequent termination and circumstantial evidence (emails, demeanor change, deposition inconsistencies) | Defendants: Reasons for termination were nondiscriminatory (performance, inappropriate relationship, MBA time commitment, salary demand); circumstantial evidence is speculative | Held: West failed to show causation beyond temporal coincidence; summary judgment affirmed |
Key Cases Cited
- Thomas M. Cooley Law Sch. v. Kurzon Strauss, LLP, 759 F.3d 522 (6th Cir. 2014) (standard of review for summary judgment)
- Geiger v. Tower Auto., 579 F.3d 614 (6th Cir. 2009) (summary judgment standards)
- Birch v. Cuyahoga Cty. Prob. Ct., 392 F.3d 151 (6th Cir. 2004) (factors for personal-staff exclusion analysis)
- Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837 (1984) (deference to agency interpretations only where statute ambiguous)
- Hartford Underwriters Ins. Co. v. Union Planters Bank, N.A., 530 U.S. 1 (2000) (plain-meaning interpretation of statutes)
- Thompson v. North American Stainless, LP, 562 U.S. 170 (2011) (third-party standing under Title VII; not controlling for FMLA)
- Lucas v. Monroe Cty., 203 F.3d 964 (6th Cir. 2000) (First Amendment political patronage/retaliation framework)