Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

MORRIS v. MICHAEL REESE HOSPITAL

May 16, 2005.

ANITA MORRIS, Plaintiff,
v.
MICHAEL REESE HOSPITAL, Defendant.



The opinion of the court was delivered by: AMY J. ST. EVE, District Judge

MEMORANDUM OPINION AND ORDER

Pro se Plaintiff Anita Morris brings this action against Defendant Michael Reese Hospital ("Michael Reese" or "Hospital"). Construing her pro se Complaint liberally, see Calhoun v. DeTella, 319 F.3d 936, 943 (7th Cir. 2003), Morris alleges race discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and age discrimination in violation of the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. § 621 et seq. Before the Court is Michael Reese's Motion for Summary Judgment pursuant to Federal Rule of Civil Procedure 56(c). For the following reasons, the Court grants Michael Reese's motion.

UNDISPUTED FACTS

  Because Morris is a pro se litigant, Michael Reese served her with a "Notice to Pro Se Litigant Opposing Motion for Summary Judgment" as required by Northern District of Illinois, Local Rule 56.2. The notice explains the consequences of failing to properly respond to a motion for summary judgment and statement of material facts under Federal Rule of Civil Procedure 56(e) and Local Rule 56.1. Nevertheless, Morris failed to respond to the Hospital's Local Rule 56.1 Statement of Facts, and thus the Hospital's facts are deemed admitted. See Smith v. Lamz, 321 F.3d 680, 683 (7th Cir. 2003).

  Morris was employed by Michael Reese Hospital from approximately July 1974 until November 16, 2001. (R. 29-1, Defendant's Local Rule 56.1 Statement, ¶¶ 2, 7.) Morris is African-American and over the age of forty. (Id. ¶ 2.) During Morris' tenure, Michael Reese promoted her from staff nurse to charge nurse in the Emergency Department. (Id. ¶ 9.) As charge nurse, Morris was responsible for the day-to-day operations of the Emergency Department, including scheduling, data collection, as well as, patient care and assignments. (Id.) Prior to her termination, Morris had held the title of Assistant Manager for more than five years. (Id. ¶ 12.) During this time, she reported to Diane Haynes, an African-American over 40 years of age, who was the Emergency Department manager. (Id.)

  Dr. Seth Guterman, who had previously provided medical services to Michael Reese, returned to the Hospital in 1999 as part of a new practice, Emergency Care Physician Services ("ECPS"). (Id. ¶¶ 19, 20.) ECPS provided medical care for the Hospital's Emergency Department. (Id. ¶ 20.) In or about January 1999, Guterman sent a letter to former colleagues in which he sought to recruit them to work for Michael Reese. (Id. ¶ 22.) Morris believed that some, but not all of these individuals were Caucasian. (Id.) She does not know their ages. (Id.)

  Guterman did not have a good working relationship with the nursing staff in the Emergency Department. (Id. ¶ 24.) Guterman contended that the nursing staff did not follow his orders and reported him when they thought his orders were wrong. (Id. ¶ 25.) On June 17, and 22, and on July 7 and 19, 1999, Guterman wrote up incident reports in which he criticized Morris' conduct in the emergency room. (Id. ¶ 28.) For instance, Guterman criticized Morris for telling nurses not to order tests after a doctor had told them to do so. (Id. ¶ 29.)

  In 2000, the Hospital temporarily suspended Guterman for unethical medical practice. (Id. ¶ 31.) Shortly before his return, Guterman told Hospital management that he would not return to Michael Reese unless the Hospital fired certain emergency room personnel. (Id. ¶ 32.) Guterman made a "hit list" of employees he wanted eliminated from the Emergency Department including Morris, Sonia Winandy, the emergency medical services coordinator (Caucasian), Peggy O'Donnell, (Caucasian), and another African-American nurse. (Id. ¶ 33.)

  The Hospital terminated Winandy's employment in October 2001, as a result of her poor working relationship with Guterman. (Id. ¶ 36.) Michael Reese terminated Morris' employment on November 16, 2001, because the Hospital decided to eliminate the position of Assistant Manager in the Emergency Department. (Id. ¶ 15.) Karen Cortese, who is Caucasian, assumed some of Morris' job duties, but her title never changed from staff nurse to Assistant Manager. (Id. ¶ 18.)

  It is undisputed that Guterman never said anything racial or age-related to Morris or any other Michael Reese employee, nor did he engage in any derogatory conduct directed at any Michael Reese employee on the basis of race or age. (Id. ¶ 41.) During her employment at Michael Reese, Morris never complained to Human Resources that she was the subject of unlawful discrimination. (Id. ¶ 43.)

  SUMMARY JUDGMENT STANDARD

  Summary judgment is proper when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). Even where all of the material facts are undisputed, as in this case, the Court must still determine whether judgment is proper as a matter of law. See Johnson v. Gudmundsson, 35 F.3d 1104, 1112 (7th Cir. 1994).

  ANALYSIS

  I. Race and Age Discrimination — Disparate ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.