Polejewski v. Crossroads Correctional Center
4:16-cv-00105
D. Mont.Nov 14, 2017Background
- Pamela Polejewski was terminated from employment at Crossroads Correctional Center (CCC) on April 1, 2016; CCC employees were employed by CCA of Tennessee, LLC (renamed CoreCivic of Tennessee, LLC).
- At her termination meeting she was given written notice of CoreCivic’s internal grievance procedure and the form required to appeal the discharge.
- Polejewski filed suit alleging wrongful discharge under Montana’s Wrongful Discharge from Employment Act (WDEA) and a blacklisting claim.
- CoreCivic moved for partial summary judgment on the WDEA claim, arguing Polejewski failed to exhaust the employer’s written internal grievance procedure.
- The magistrate judge found Polejewski did not complete Step 3 of the grievance process (failed to submit the required form) and recommended granting partial summary judgment; the district court reviewed for clear error, found none, and adopted the recommendation.
- The court dismissed the WDEA wrongful discharge claim with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exhaustion of an employer’s written internal grievance procedure is required before bringing a WDEA claim | Polejewski proceeded to sue (implicit that exhaustion was not completed or not required) | CoreCivic: Montana law requires exhaustion of written internal procedures and failure to do so bars WDEA claims | Court: Exhaustion is required and failure to exhaust is a complete bar |
| Whether CoreCivic provided the written grievance procedure and adequate notice | Polejewski did not dispute adequacy in objecting to the recommendation | CoreCivic: provided written procedures and the Step 2 decision and grievance form | Court: CoreCivic provided the procedures and required form |
| Whether a genuine dispute of material fact exists about exhaustion | Polejewski argued facts may preclude summary judgment (no objections filed) | CoreCivic: undisputed failure to complete Step 3; no factual dispute | Court: No genuine issue of material fact; summary judgment appropriate |
| Remedy for failure to exhaust | Polejewski sought to pursue WDEA claim | CoreCivic sought dismissal of WDEA claim | Court: WDEA claim dismissed with prejudice |
Key Cases Cited
- Thomas v. Arn, 474 U.S. 140 (review of magistrate judge findings and recommendations when no objections are filed)
- McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309 (9th Cir. 1981) (standard for reviewing findings for clear error)
- Haynes v. Shodair Children’s Hosp., 137 P.3d 518 (Mont. 2006) (failure to exhaust internal procedures is a complete bar to WDEA claims)