41 ¶ 32.) Plaintiff also contends that immediately following the alleged exchange and through July 2018, Dr. 41 ¶ 32.) Defendant contends that this exchange never occurred. Brown responded, “That type of shit will get you fired.” (Def. Franklin”), were going to sue SCBE and that Dr. Brown”) that he and his wife, Anasa Franklin (“Mrs. Plaintiff contends that in May 2018, he told his supervisor, Dr.
The Court discusses in the sections that follow whether the Parties’ evidence creates a dispute for trial as to the facts as they arise throughout the analysis. 41-1 at PageID 297–99.) Most of the remaining material facts are disputed. ¶ 4.) As Director of Virtual Schools, Plaintiff: (1) “oversaw the Memphis Virtual School” (“MVS”), a fulltime online school for sixth- through twelfth-graders and adults working toward a high-school diploma (2) “oversaw approximately 14 blended learning schools” (3) was “in charge of the district’s credit recovery program where students who had failed a course could” retake that course online 2 and (4) helped the “college careers technology and education department to integrate technical courses in grades as early as kindergarten.” (Franklin Dep., ECF No. ¶¶ 2–3.) From 2011 until his employment with SCBE terminated in 2018, Plaintiff held the position of Director of Virtual Schools and Online Learning (“Director of Virtual Schools”).
41 ¶ 2.) Plaintiff began employment with SCBE, the public school district for Shelby County, Tennessee, in 2002 as a teacher and obtained tenure in 2005. Case 2:20-cv-02812-JPM-tmp Document 75 Filed 12/15/21 of 42 PageID 1034 (Defendant’s Statement of Undisputed Material Facts, “Def. The Court’s analysis is not dependent on any distinction between the two. 49-2 at PageID 476, 497.) The Court finds that Plaintiff has created a factual dispute as to whether he was terminated by Defendant but at times refers to the relevant adverse employment action as termination and at times as placement on unpaid leave. 49-13), while Defendant contends that Plaintiff was placed on unpaid administrative leave and then resigned (ECF No. 1 Plaintiff contends that he was terminated (ECF No. Factual Background This employment discrimination and retaliation action arises out of Defendant SCBE’s alleged termination 1 of Plaintiff.
60.) For the reasons discussed below, Defendant’s Motion for Summary Judgment is hereby GRANTED. 48.) On, November 17, 2021, Defendant filed a Reply. Franklin”) filed a Response in Opposition to Defendant’s Motion for Summary Judgment on November 3, 2021. 2:20-cv-02812-JPM-tmp ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Before the Court is Defendant Shelby County Board of Education’s (“SCBE”) Motion for Summary Judgment, filed on October 4, 2021. SHELBY COUNTY BOARD OF EDUCATION, Defendant. 75 Case 2:20-cv-02812-JPM-tmp Document 75 Filed 12/15/21 of 42 PageID 1033 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION CLEON L.