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Magyar v. United States Postal Service

United States District Court, E.D. Michigan, Southern Division

May 6, 2019

KLAY MAGYAR, Plaintiff,
v.
UNITED STATES POSTAL SERVICE, et al., Defendants.

          MEMORANDUM AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS OR FOR SUMMARY JUDGMENT (DOC. 12)

          HON. AVERN COHN JUDGE.

         I. Introduction

         This is an employment case. As will be explained, plaintiff Klay Magyar (Magyar), a long time letter carrier for the United States Post Office, voluntarily retired when faced with termination. He and his wife, Linda Magyar, also sued, naming the following defendants:

- the United States Postal Service
- Postmaster Megan J. Brennan, in her official capacity,
- Adrana Jones, Postmaster of the Southfield, Michigan post office, in her official capacity,
- Lashiba Tarrance, Supervisor Customer Services for the Southfield, Michigan post office, in her official capacity,
- the National Association of Letter Carriers (“NALC” or “the union”)
- Carl Blassingame, a union representative
- John Dickerson, a union representative

         The complaint asserts the following claims:

- Count I - violation of Title VII (race discrimination, sex discrimination, age discrimination, and retaliation)
- Count II - violation of 42 U.S.C. § 1983 (due process)
- Count III - violation of 42 U.S.C. § 1985(3) and § 1986 (conspiracy)
- Count IV - civil conspiracy
- Count V - violation of Michigan's Elliot Larsen Civil Rights Act
- Count VI - loss of consortium

         Following a stipulation[1] and based on concessions in Magyar's response brief, the only claim at issue is Count I - Magyar's Title VII claim against the United States Postal Service (USPS) and Post Master General Megan J. Brennan in her official capacity.[2], [3]Magyar claims discrimination based on his race (Caucasian), sex (male), age, [4] and retaliation.

         Before the Court is the USPS's motion to dismiss or for summary judgment on Magyar's Title VII claim. For the reasons that follow, the Court will consider the motion as a motion to dismiss and the motion will be granted.[5]

         II. Background

         The following facts are gleaned from the record as follows:[6]

         A. General/November 4, 2015 Incident

         Magyar was employed as a full-time mail carrier by the USPS at the Southfield Post Office in Southfield, Michigan. He began working for the USPS in 1981.

         The events which led to this lawsuit began on November 4, 2015. On that day, USPS supervisor Karen Chan (Chan) attempted to conduct a route evaluation of Magyar's mail route, known as a “3999 evaluation” or a “3999.” According to Chan, the evaluation was prompted by Magyar's complaints that his route was too long which resulted in him getting paid approximately $5000.00 in overtime per year. Magyar admits that he earned the overtime and says “he had a job assignment which was coveted by other employees.” Doc. 19 - Magyar's response brief at p. 9.

         Chan reported that Magyar was hostile toward her upon her arrival, made racially derogatory comments about other postal employees to her, and initially refused to permit the inspection. This resulted in a meeting with Magyar and Chan and two union stewards to discuss the situation. Eventually, Magyar agreed to the inspection which required Chan to accompany him on his route. Chan reported that Magyar hit her with a parcel while he was in the process of loading his mail truck, hit her in the knee with a mail tub while she was sitting in the vehicle, and then - when Chan ...


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