Polejewski v. Crossroads Correctional Center
4:16-cv-00105
D. Mont.Oct 17, 2017Background
- Pamela Polejewski was employed as an RN by CCA of Tennessee, LLC (now CoreCivic) and was terminated effective April 1, 2016.
- At discharge she received the employer’s written grievance procedure and the Step Three appeal form.
- She submitted a Step Two grievance; Warden Fender denied it in writing on June 28, 2016 and included Step Three appeal instructions and form.
- Polejewski emailed on July 3, 2016 stating she disagreed and that administrators could hear a Step Three appeal, but she did not return the required Step Three form.
- CoreCivic moved for partial summary judgment, arguing failure to exhaust the internal grievance process bars a WDEA claim; the court considered motions and heard argument on October 4, 2017.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Polejewski exhausted CoreCivic's written internal grievance procedure under Mont. Code Ann. § 39-2-911 | Polejewski contends her July 3 email reasonably communicated an intent to pursue Step Three and shows good-faith compliance | CoreCivic contends she failed to submit the required Step Three form despite receiving the form and instructions, so she did not exhaust remedies | Court held she failed to exhaust the written procedure; summary judgment for CoreCivic on the WDEA wrongful discharge claim |
| Whether failure to exhaust is a complete bar to WDEA relief | Polejewski argued procedural irregularity or good-faith attempt should suffice | CoreCivic relied on Montana law requiring strict compliance with employer grievance procedures | Court held Montana law requires strict compliance; failure to follow formalities is fatal |
| Procedural motions: leave to file third amended complaint | Polejewski moved for leave to file; third amended complaint was subsequently filed | CoreCivic opposed but answered the third amended complaint | Court granted leave (moot because complaint already filed and answered) |
| Motion to strike and related briefing | Polejewski filed an additional response after reply; CoreCivic moved to strike and sought leave to file a sur-reply | Polejewski sought leave to file her response | Court denied motion to strike and denied sur-reply as the matter was resolved at oral argument; Polejewski's request for leave to file additional response denied as moot |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment burden-shifting framework)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (genuine dispute of material fact standard)
- Scott v. Harris, 550 U.S. 372 (drawing inferences and summary judgment review)
- Haynes v. Shodair Children’s Hosp., 137 P.3d 518 (Mont. 2006) (Montana requires strict compliance with employer grievance procedures under the WDEA)
- Offerdahl v. State, D.N.R., 43 P.3d 275 (Mont. 2002) (failure to follow internal procedures is a bar to WDEA claim)