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Milligan v. Thompson2/8/2002
Ordered published March 8, 2002.
DONALD C. MILLIGAN, APPELLANT,
v.
RICHARD THOMPSON, SECRETARY OF THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES; THOMAS RISTOW, DIRECTOR, LEGISLATIVE AND COMMUNITY RELATIONS, DEPARTMENT OF SOCIAL AND HEALTH SERVICES; GREGG R. DOHRN, ASSISTANT DIRECTOR, BUSINESS COMMUNITY AND INTERGOVERNMENTAL RELATIONS, DEPARTMENT OF SOCIAL AND HEALTH SERVICES; DEPARTMENT OF SOCIAL AND HEALTH SERVICES; AND THE STATE OF WASHINGTON, RESPONDENTS.
DONALD C. MILLIGAN, A MARRIED PERSON, APPELLANT,
v.
LYLE QUASIM, SECRETARY OF THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES; DEPARTMENT OF SOCIAL AND HEALTH SERVICES; AND THE STATE OF WASHINGTON, RESPONDENTS.
Appeal from Superior Court of Thurston County Docket No: 94-2-03951-0 Judgment or order under review Date filed: 11/07/2000 Judge signing: Hon. Christine A. Pomeroy
Counsel for Appellant(s) William M. Hanbey Attorney At Law PO Box 2575 Olympia, WA 98507. Counsel for Respondent(s) Peter W. Berney Aty Gen Ofc/Tort Div Fl 3 PO Box 40126 Olympia, WA 98504-0126.
The opinion of the court was delivered by: Armstrong, C.J.
Concurring: Carroll C. Bridgewater, J. Robin Hunt
Donald Milligan sued the Department of Social and Health Services and individual employees for employment discrimination, retaliation, and civil rights and free speech violations. The trial court granted a summary judgment for procedural flaws. We reversed in part, holding that some of Milligan's claims were not procedurally barred. On remand, the trial court granted a second summary judgment, this time on the substance of the claims. On appeal, Milligan claims the court erred by failing to rule on his motions to limit the evidence and strike portions of the State's summary judgment material. He also argues that material issues of fact about his discrimination and retaliation claims preclude summary judgment. We find no reversible error and, therefore, affirm.
FACTS
Donald Milligan worked for the Department of Social and Health Services (DSHS) since 1968. Milligan v. Thompson, 90 Wn. App. 586, 589, 953 P.2d 112 (1998) (Milligan I). After he received four personnel conduct reports, DSHS placed Milligan on home assignment. Milligan I, 90 Wn. App. at 589. DSHS decided to permanently demote Milligan, but he appealed to the Personnel Appeals Board (PAB). Milligan I, 90 Wn. App. at 589. In February 1992, the PAB found a nine-month demotion appropriate (from February to November 1991) and ordered him reinstated. Milligan returned to his prior position until the Department of Personnel reclassified that position.
Milligan first sued DSHS in 1991. Milligan I, 90 Wn. App. at 590. The trial court granted summary judgment, ruling that Milligan did not file his claims within the statute of limitations period. Milligan I, 90 Wn. App. at 591. On appeal, we affirmed in part, but remanded on 'any independently actionable claims not arising under Title VII that accrued after September 29, 1991, that were timely filed according to the relevant statutory period.' Milligan I, 90 Wn. App. at 598.
Milligan then combined these 'independently actionable claims' with claims for discrimination and retaliation under chapter RCW 49.60, civil rights claims under 42 U.S.C. sec. 1983, and a First Amendment claim.
After PAB ordered him reinstated, Milligan worked in two positions that lasted only a year before coming to his current position in the Children Services Division. DSHS barred him from duties involving Indian Child Welfare and directed him not to
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