Jimmie Turner v. Hurley Medical Center
331387
| Mich. Ct. App. | Jun 27, 2017Background
- Turner, a public safety officer at Hurley Medical Center for 15 years, escorted a stumbling Archie McClain out of the emergency entrance on Nov. 15, 2014; surveillance video shows Turner pushing McClain to the ground during the encounter.
- Turner called police at the scene; McClain was arrested and, nine days later, filed a complaint alleging assault by Turner.
- Hurley suspended Turner, investigated (including review of the video), and terminated him on Jan. 19, 2015 for violating Hurley policies (Safe Workplace and Courtesy), citing a violent or physical act against another person.
- Turner sued under the Michigan Whistleblower Protection Act (WPA), alleging he was terminated in retaliation for reporting the trespasser to police and for related communications with Hurley staff and police.
- Defendants moved for summary disposition under MCR 2.116(C)(10), arguing Turner could not prove causation and that termination was for legitimate, nondiscriminatory reasons (assault/excessive force).
- The trial court granted summary disposition, finding no evidence that calling police was a motivating factor in the termination; the court concluded Turner failed to make a prima facie WPA claim. Turner appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Turner established a prima facie WPA retaliation claim (causation) | Turner contends calling police was protected activity and temporal proximity to termination supports causation | Defendants say termination was for assault/excessive force and policy violations, not for calling police | Court held Turner failed to show causation; temporal proximity alone insufficient, no evidence linking the call to termination |
| Whether direct evidence of retaliation exists (bypassing McDonnell Douglas) | Turner argues Sitar’s testimony shows Turner was fired for calling police (direct evidence) | Defendants argue Sitar’s statements show Turner was fired for failing to contact police timely or for excessive force, not for making the call | Court held no direct evidence: Sitar’s testimony supported firing for failure/timing and excessive force, not for reporting to police |
| Whether trial court used incorrect pretext standard (pretext-plus vs permissive pretext) | Turner asserts the court applied an outdated pretext standard, which affected summary disposition | Defendants contend pretext analysis unnecessary because Turner failed to establish a prima facie case | Court held pretext argument irrelevant because Turner failed to establish a prima facie case of retaliation; therefore no need to reach pretext standard |
| Whether defendants’ proffered reasons were legitimate nondiscriminatory reasons | Turner argues reasons were pretextual | Defendants proffered investigation findings, video, and policy violations as legitimate reasons | Court did not reach pretext inquiry because Turner failed prima facie causation showing; summary disposition affirmed |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden‑shifting framework for circumstantial evidence in employment discrimination)
- Debano‑Griffin v. Lake County, 493 Mich 167 (WPA causation and application of McDonnell Douglas in Michigan)
- Cuddington v. United Health Servs., Inc., 298 Mich App 264 (plaintiff’s burden to show retaliation was a motivating factor; pretext formulations)
- DeBrow v. Century 21, Great Lakes, Inc., 463 Mich 534 (direct evidence bypassing McDonnell Douglas)
- Anzaldua v. Neogen Corp., 292 Mich App 626 (WPA protects employees reporting suspected violations to public bodies)