The opinion of the court was delivered by: Hon. John E. Jones III
THE BACKGROUND OF THIS MEMORANDUM IS AS FOLLOWS:
This matter is before the Court on the Report and Recommendation ("R&R") of Magistrate Judge Martin C. Carlson (Doc. 24), filed on November 2, 2010, which recommends that we grant Defendant's Motion for Summary Judgment. (Doc. 10). The Plaintiff filed objections to the R&R on November 18, 2010. Accordingly, this matter is ripe for disposition. For the reasons set forth below, the Court will adopt the R&R, grant the Defendant's Motion for Summary Judgment, and close this case.
A. Review of Magistrate Judge's R&R
When objections are filed to the report of a magistrate judge, the district court makes a de novo determination of those portions of the report or specified proposed findings or recommendations to which objections are made. 28 U.S.C. § 636(b)(1); United States v. Raddatz, 447 U.S. 667, 674-75 (1980). The court may accept, reject, or modify, in whole or in part, the magistrate judge's findings or recommendations. Id. Although the standard of review is de novo, 28 U.S.C. § 636(b)(1) permits whatever reliance the district court, in the exercise of sound discretion, chooses to place on a magistrate judge's proposed findings and recommendations. Raddatz, 447 U.S. at 674-75; see also Mathews v. Weber, 423 U.S. 261, 275 (1976); Goney v. Clark, 749 F.2d 5, 7 (3d Cir. 1984).
Summary judgment is appropriate if the record establishes "that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c). Initially, the moving party bears the burden of demonstrating the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). The movant meets this burden by pointing to an absence of evidence supporting an essential element as to which the non-moving party will bear the burden of proof at trial. Id. at 325. Once the moving party meets its burden, the burden then shifts to the non-moving party to show that there is a genuine issue for trial. Fed. R. Civ. P. 56(e)(2). An issue is "genuine" only if there is a sufficient evidentiary basis for a reasonable jury to find for the non-moving party, and a factual dispute is "material" only if it might affect the outcome of the action under the governing law. Anderson v. Liberty Lobby, Inc, 477 U.S. 242, 248-49 (1986).
In opposing summary judgment, the non-moving party "may not rely merely on allegations of denials in its own pleadings; rather, its response must ... set out specific facts showing a genuine issue for trial." Fed. R. Civ. P. 56(e)(2). The non-moving party "cannot rely on unsupported allegations, but must go beyond pleadings and provide some evidence that would show that there exists a genuine issue for trial." Jones v. United Parcel Serv., 214 F.3d 402, 407 (3d Cir. 2000). Arguments made in briefs "are not evidence and cannot by themselves create a factual dispute sufficient to defeat a summary judgment motion." Jersey Cent. Power & Light Co. v. Twp. of Lacey, 772 F.2d 1103, 1109-10 (3d Cir. 1985). However, the facts and all reasonable inferences drawn therefrom must be viewed in the light most favorable to the non- moving party. P.N. v. Clementon Bd. of Educ., 442 F.3d 848, 852 (3d Cir. 2006).
Summary judgment should not be granted when there is a disagreement about the facts or the proper inferences that a factfinder could draw from them. Peterson v. Lehigh Valley Dist. Council, 676 F.2d 81, 84 (3d Cir. 1982). Still, "the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; there must be a genuine issue of material fact to preclude summary judgment." Anderson, 477 U.S. at 247-48.
II. FACTS*fn1 AND PROCEDURAL BACKGROUND
Plaintiff Gary E. Smith, Jr. ("Plaintiff" or "Smith") was hired by the Defendant, Housing Authority of the County of Dauphin ("the Authority"), in 1998 and he has been employed since that time as a Project Manager. At all times during his employment, Plaintiff's evaluations appear generally to reflect that he performed well at the technical aspects of his job and received favorable reviews. However, Plaintiff's employment record does include several incidents of anger or tactlessness with tenants of the Authority, co-workers and Plaintiff's supervisor Charles Gassert ("Gassert"). In particular, Plaintiff had a number of confrontations and disagreements with Gassert, that resulted in the exchange of several memoranda between the two men outlining their disputes. As noted by Magistrate Judge Carlson, the record reflects confrontations between Smith, superiors and co-workers that were documented by the Authority in 2002, 2004 and 2005.
In 2006, the position of Senior Citizen Service Coordinator for the Authority was created. Gwen Copeland ("Copeland"), employed by the Housing Authority of the City of Harrisburg as a Public Housing Manager, contacted Gassert about her interest in the new position and met with him in January of 2007. Copeland was qualified for the position. In mid-February of 2007, Plaintiff met with Gassert to express his interest in the job. During that meeting, Gassert informed the Plaintiff that he did not believe that Plaintiff was well-suited for the job, and told him that he had another candidate in mind. ...