Artice Dotson v. United States Postal Serv. & Anthony M. Frank, Postmaster Gen., 977 F.2d 976 (6th Cir. 1992). · Go Syfert
Artice Dotson v. United States Postal Serv. & Anthony M. Frank, Postmaster Gen., 977 F.2d 976 (6th Cir. 1992). Cases Citing This Book View Copy Cite
36 citation events (9 in the last 25 years) across 14 distinct courts.
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At page 978 “a party cannot create a factual dispute by filing an affidavit, after a motion for summary judgment has been made, which contradicts earlier testimony.”25 citing cases5 citing courts quote it
  • Huelett v. Louisville Paving Co., Inc., No. 3:23-cv-00420 (W.D. Ky. Feb. 19, 2025).
    Self-Serving Affidavits Generally, “[a] party cannot create a factual dispute by filing an affidavit, after a motion for summary judgment has been made, which contradicts earlier testimony.” Dotson v. U.S. Postal Serv., 977 F.2d 976, 978 (…
  • Holly v. Charter Commc'ns, LLC, No. 4:23-cv-00020 (W.D. Ky. Oct. 4, 2024).
    Standard Generally, “[a] party cannot create a factual dispute by filing an affidavit, after a motion for summary judgment has been made, which contradicts earlier testimony.” Dotson v. U.S. Postal Serv., 977 F.2d 976, 978 (6th Cir. 1992)…
  • Farr v. Winn, No. 2:18-cv-11092 (E.D. Mich. Mar. 30, 2021).
    See Penny v. United Parcel Service, 128 F.3d 408, 415 (6th Cir. 1997) (party cannot create a genuine issue of material fact by filing an affidavit after summary judgment has been made, that contradicts the earlier deposition testimony); Do…
  • Amanda Reich v. City of Elizabethtown, Ky., 945 F.3d 968 (6th Cir. 2019).
    “A party cannot create a factual dispute by filing an affidavit, after a motion for summary judgment has been made, which contradicts earlier testimony.” Dotson v. U.S. Postal Serv., 977 F.2d 976, 978 (6th Cir. 1992).
  • David W. Lanier v. Ed Bryant, 332 F.3d 999 (6th Cir. 2003).
    Compton v. Midwest Specialties, Inc., 142 F.3d 296, 303 (6th Cir.1998); Dotson v. United States Postal Serv., 977 F.2d 976, 978 (6th Cir.1992).
  • Knotts v. Black & Decker, Inc., 204 F. Supp. 2d 1029 (N.D. Ohio 2002).
    See Penny v. United Parcel Service, 128 F.3d 408, 415 (6th Cir.1997)(party cannot create a genuine issue of material fact by filing an affidavit after summary judgment has been made, that contradicts the earlier deposition testimony); Dots…
  • Dunlap v. Medtronic, Inc., 47 F. Supp. 2d 888 (N.D. Ohio 1999).
    See Penny v. United Parcel Service, 128 F.3d 408, 415 (6th Cir.1977) (party cannot create a genuine issue of material fact by filing an affidavit after summary judgment has been made, that contradicts the earlier deposition testimony); Dot…
  • Simpkins v. Washington Metro. Area Transit Auth., 2 F. Supp. 2d 52 (D.D.C. 1998).
    (A party cannot create a factual dispute by filing an affidavit, after a motion for summary judgment has been made, which contradicts earlier testimony.)
  • St. Paul Mercury Ins. Co. v. Williamson, 986 F. Supp. 409 (W.D. La. 1997).
    In addition, the Fifth Circuit has ruled “[a] party cannot create a factual dispute by filing an affidavit, after a motion for summary judgment has been made, which contradicts earlier testimony.” Dotson v. U.S. Postal Service, 977 F.2d 97…
  • Kriskovic v. Wal-Mart Stores, Inc., 948 F. Supp. 1355 (E.D. Wis. 1996).
    Slowiak v. Land O’Lakes, Inc., 987 F.2d 1293, 1297 (7th Cir.1993); Dotson v. United States Postal Service, 977 F.2d 976, 978 (6th Cir.1992).
Show 15 more citing cases
  • Nancy Mardell v. Harleysville Life Ins. Co., a Pennsylvania Corp., 31 F.3d 1221 (3d Cir. 1994). 2 cites
    See Milligan-Jensen v. Michigan Technological University, 975 F.2d 302 , 304 n. 2 (6th Cir.1992), cert. dismissed, — U.S. -, 114 S.Ct. 22 , 125 L.Ed.2d 773 (1993); Washington v. Lake County, Ill., 969 F.2d 250, 253 (7th Cir.1992); Johnson…
  • Mardell v. Harleysville Life Ins. Co., No. 91-0149 (3d Cir. Aug. 1, 1994). 2 cites
    See Milligan-Jensen v. Michigan Technological University, 975 F.2d 302 , 304 n.2 (6th Cir. 1992), cert. dismissed, 114 S. Ct. 22 (1993); Washington v. Lake County, Ill., 969 F.2d 250, 253 (7th Cir. 1992); Johnson v. Honeywell Information S…
  • Miller v. Beneficial Mgmt. Corp., 855 F. Supp. 691 (D.N.J. 1994).
    See Kristufek, 985 F.2d at 369 (reversing district court’s judgment notwithstanding verdict based on finding of no liability due to after-acquired evidence, but remanding matter for downward modification of damage award); Dotson v. United…
  • Christine McKennon v. Nashville Banner Publ'g Co., 9 F.3d 539 (6th Cir. 1993).
    See also Paglio v. Chagrin Valley Hunt Club Corp., 966 F.2d 1453, 1992 WL 144674 at *2 (6th Cir.1992) (unpublished) ("even if the Club was motivated to discharge Paglio because of his age, the misuse of Club funds discovered after Pag-lio'…
  • Petty v. Bluegrass Cellular, Inc., No. 3:19-cv-00193 (W.D. Ky. Feb. 12, 2021).
    See Munson Hardisty, LLC v. Legacy Pointe 3 Defendant correctly notes that “[a] party cannot create a factual dispute by filing an affidavit, after a motion for summary judgment has been made, which contradicts earlier testimony.” Dotson v…
  • Koppinger v. Am. Interiors, Inc., 295 F. Supp. 2d 797 (N.D. Ohio 2003).
    See Dotson v. United States Postal Serv., 977 F.2d 976, 978 (6th Cir.1992). 4 .
  • Geier Bros. Farms v. Furst-McNess Co., 186 F. Supp. 2d 798 (N.D. Ohio 2002).
    See Dotson v. United States Postal Serv., 977 F.2d 976, 978 (6th Cir.1992); Laise v. City of Utica, 970 F.Supp. 605, 610 (E.D.Mich.1997) (collecting cases).
  • Laise v. City of Utica, 970 F. Supp. 605 (E.D. Mich. 1997).
    (plaintiffs affidavit opposing summary judgment, which contradicted prior statements that he was “fired” from prior employment, failed to create a genuine issue of material fact in a Title VII wrongful termination action)
  • Mktg. Displays, Inc. v. TrafFix Devices, Inc., 967 F. Supp. 953 (E.D. Mich. 1997).
    (plaintiff’s affidavit opposing summary judgment, which contradicted prior statements that he was “fired” from prior employment, failed to create a genuine issue of material fact in a Title VII wrongful termination action)
  • U-Haul Int'l, Inc. v. Kresch, 943 F. Supp. 802 (E.D. Mich. 1996).
    (plaintiffs affidavit opposing summary judgment, which contradicted prior statements that he was “fired” from prior employment, failed to create a genuine issue of material fact in a Title VII wrongful termination action)
  • Frey v. Ramsey Cnty. Cmty. Human Servs., 517 N.W.2d 591 (Minn. Ct. App. 1994).
    (post-termination evidence of plaintiffs application fraud is relevant to his claim of injury, and ‘precludes the grant of any present relief or remedy.’)
  • Klein v. Boeing Co., 847 F. Supp. 838 (W.D. Wash. 1994).
    See Dotson v. United States Postal Service, 977 F.2d 976, 978 (6th Cir.) cert. denied , — U.S. -, 113 S.Ct. 263 , 121 L.Ed.2d 193 (1992); O’Day v. McDonnell Douglas Helicopter Co., 784 F.Supp. 1466, 1470 (D.Ariz.1992) (defendant granted su…
  • Michael Logan v. Express, Inc., 12 F.3d 213 (6th Cir. 1993).
    Sys., Inc., 955 F.2d 409 (6th Cir.1992); accord Dotson v. United States Postal Service, 977 F.2d 976, 978 (6th Cir.), cert. denied, 113 S.Ct. 263 (1992). 24 The judgment of the district court is AFFIRMED. 25 GILMORE, * Senior District Judg…
  • United States v. Midwest Specialties, Inc., 142 F.3d 296 (6th Cir. 1998).
    See, e.g., Dotson v. U.S. Postal Service, 977 F.2d 976, 978 (6th Cir.), cert. denied, 506 U.S. 892 , 113 S.Ct. 263 , 121 L.Ed.2d 193 (1992); Gagne v. Northwestern Nat'l Ins.
  • United States ex rel. Compton v. Midwest Specialties, Inc., 142 F.3d 296 (6th Cir. 1998).
    See, e.g., Dotson v. U.S. Postal Service, 977 F.2d 976, 978 (6th Cir.), cert. denied, 506 U.S. 892 , 113 S.Ct. 263 , 121 L.Ed.2d 193 (1992); Gagne v. Northwestern Nat’l Ins.
At page 977 employee's omission of important medical history concerning back injury and dismissal from two jobs due to this injury on employment application held to be sufficient for termination2 citing cases1 citing court put it this way
Other citing cases3 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Artice DOTSON, Plaintiff-Appellant,
v.
UNITED STATES POSTAL SERVICE and Anthony M. Frank, Postmaster General, Defendants-Appellees
91-1183.
Court of Appeals for the Sixth Circuit.
May 5, 1992.
977 F.2d 976
1992 U.S. App. LEXIS 10821
1992 WL 281936
Arthur James Rubine (briefed), Birming-bam, Mich., Artice Dotson (briefed), De-^roit, Mich., for plaintiff-appellant,, Denise Langford-Morris (briefed), David G. Karro, Washington, D.C., David F. Wightman, U.S. Postal Service, Chicago, Ill., for defendants-appellees.
Suhrheinrich, Siler, Battisti.
Cited by 34 opinions  |  Published
PER CURIAM.

Plaintiff, Artice Dotson, filed this action against defendants, United States Postal Service (“USPS”) and Anthony M. Frank, Postmaster General, alleging that plaintiff’s employment termination by USPS constituted handicap discrimination and violated the Rehabilitation Act, 29 U.S.C. §§ 791 et seq., and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 20006-16. [1] The district court granted defendants summary judgment, finding that: (1) plaintiff had misled the district court by offering two conflicting sworn statements regarding prior employment termination; and (2) evidence discovered post-termination was admissible to show plaintiff was not qualified for the USPS position, citing Summers v. State Farm Mut. Auto. Ins. Co., 864 F.2d 700 (10th Cir.1988). For the reasons set forth below, we AFFIRM the district court.

In 1986, plaintiff was hired as a part-time USPS letter carrier. On September 7, 1988, plaintiff was terminated due to previous back injuries and a physical condition that limited his ability to carry mail. After plaintiff initiated this action, USPS learned that plaintiff had omitted prior health and employment information on several employment application forms, [2] including plaintiff’s: (1) prior employment with the Michigan State Department of Corrections at the Western Wayne Correctional Facility (“MSDC”) and a Detroit A & P warehouse (“A & P”); (2) dismissal or forced resignation from both of these positions; and (3) current use of prescription drugs. Additionally, during his USPS interview, plaintiff had told Postmaster Lloyd Wesley that he no longer had back problems, while only three days earlier, he had received treatment and medication for recurring back pain. Plaintiff’s affidavit opposing summary judgment stated that: (1) any application misrepresentations were innocent error; (2) he had voluntarily left the MSDC and A & P positions; and (3) he did not mention his medications because they were being taken as needed and he was not using them at the time of the application. However, during an earlier deposition, plaintiff stated he was given a “pink slip” stating that “[he] was fired.”

Summary judgment may be granted “after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986); see Street v. J. C. Bradford & Co., 886 F.2d 1472, 1476-81 (6th Cir.1989) (detailed discussion of new summary judgment standard). This court reviews a grant of summary judgment de novo. See Equal Employment Opportunity Comm’n v. University of Detroit, 904 F.2d 331, 334 (6th Cir.1990). Once the moving party has met its burden of production, the non-moving party must go beyond the pleadings, and show by ‘ “depositions, answers to interrogatories, and admissions on file,” ’ together with the affidavits, if any, that there is a genuine issue of material fact. Celotex Corp., 477 U.S. at 324, 106 S.Ct. at 2553 (quoting Fed.R.Civ.P. 56(e)); Canderm Pharmacal, Ltd. v. Elder Pharmaceuticals, Inc., 862 F.2d 597, 601 (6th Cir.1988) (quoting Fed.R.Civ.P. 56(c)).

To establish handicap discrimination, plaintiff must show: (1) that he was an otherwise qualified handicapped person apart from his handicap; and (2) that he was terminated under circumstances creating an inference that his termination was based solely on his handicap. See Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981); Harris v. Adams, 873 F.2d 929, 932[*978] (6th Cir.1989) (citing Jasany v. United States Postal Service, 755 F.2d 1244, 1249 n. 5 (6th Cir.1985)) (adopting the Burdine test). Under the Burdine standards, plaintiff lacked the honesty and trustworthiness required for the USPS position. The postmaster stated that plaintiff would not have been offered employment had plaintiffs application omissions been known at the time of hiring. Even though plaintiffs failure to complete the application truthfully was discovered post-termination, he is not entitled to handicap discrimination relief when he was not initially qualified for the position. Proof that plaintiff is entitled to relief is essential to handicap discrimination claims. Crabtree v. Collins, 900 F.2d 79, 82-83 (6th Cir.1990). The post-termination evidence of plaintiffs application fraud is relevant to his claim of injury, and “precludes the grant of any present relief or remedy." Summers, 864 F.2d at 708; see Johnson v. Honeywell Info. Sys., 955 F.2d 409 (6th Cir.1992) (evidence of employee’s misconduct discovered post-termination is admissible to show just cause for termination in a wrongful discharge action).

A party cannot create a factual dispute by filing an affidavit, after a motion for summary judgment has been made, which contradicts earlier testimony. Gagne v. Northwestern Nat’l Ins. Co., 881 F.2d 309, 315 (6th Cir.1989). Plaintiff misled the district court by opposing the summary judgment motion with two conflicting statements regarding his prior employment termination and made no attempt to explain his inconsistencies. Thus, plaintiff did not establish a genuine issue of material fact. As plaintiffs application fraud precludes an award of relief, an essential element of his handicap discrimination claim, defendants are entitled to summary judgment. See Celotex Corp., 477 U.S. at 322, 106 S.Ct. at 2552 (summary judgment proper where plaintiff fails to prove essential element of claim).

For the foregoing reasons, we AFFIRM the decision of Judge Barbara K. Hackett.

1

. In an initial administrative proceeding, the Equal Employment Opportunity Commission determined that no discrimination had occurred.

2

. Each form contained a statement explaining that any misinformation may be grounds for non-employment or dismissal.