Barry Tanner, a Black male correctional officer at Ross Correctional Institution, filed a racial discrimination lawsuit against the Ohio Department of Rehabilitation and Correction (ODRC). He alleged his termination, following an inmate fight, was racially motivated. Tanner compared his treatment to that of Eric Graves, a white manager at the institution whom inmates accused of arranging the same fight but who was not disciplined.
Tanner worked as a relief officer and selected his post daily. On April 4, 2020, he posted in Housing Unit 4A and allowed inmate Marcus Hamilton, from another unit, to enter during lockdown. Tanner then unlocked a vacant cell before leaving the unit with another officer and the unit case manager. While unattended, inmates Hamilton and Nicholas Davis entered the cell, locked the door, and fought. Tanner later unlocked the cell door and let the inmates out. Video evidence confirmed the sequence of events, and an internal investigation concluded Tanner knowingly allowed the fight.
An arbitrator upheld Tanner's termination for violating six institutional rules. The Ohio Civil Rights Commission found insufficient evidence of discrimination. Tanner then filed suit in the Court of Claims, which granted summary judgment for ODRC. Tanner appealed.
The Tenth District Court of Appeals evaluated Tanner's claim under the McDonnell Douglas burden-shifting framework for indirect discrimination. The court found that Tanner established the first three prongs of a prima facie case but failed to show that Graves was similarly situated.
The court emphasized that similarly situated employees must have comparable job duties, standards, and misconduct severity. Graves held a management role, was not a correctional officer, did not report to the same supervisors, and was not subject to the same responsibilities. Although an inmate implicated Graves, investigators found no corroborating evidence and concluded inmates orchestrated the fight. Graves denied involvement and had only met with one inmate as part of his official duties.
The court also found that Tanner’s conduct was documented by video and confirmed by institutional records, while allegations against Graves were unsubstantiated. The court determined this distinction constituted a legitimate, non-discriminatory reason for the differing outcomes.
The Court of Appeals affirmed the summary judgment decision. It held that Tanner failed to establish that a similarly situated employee outside his protected class was treated more favorably and therefore did not present a prima facie case of discrimination under Ohio law or Title VII.
If you’ve faced workplace discipline or termination that you believe was discriminatory, Whitcomb, Selinsky PC handles employment discrimination cases involving race, national origin, and other protected categories. Reach out to schedule a consultation and learn how our team can assist with your case.