United States District Court, W.D. Tennessee, Western Division
ORDER DENYING IN PART SMALL'S MOTION TO EXCLUDE EXPERT TESTIMONY
JON P. McCALLA, District Judge.
Before the Court is Plaintiff Rosalyn Small's Motion to Exclude Expert Testimony of Ray Turner, filed April 10, 2015. (ECF No. 77.) For the following reasons, the Motion is DENIED IN PART.
A. Factual Background
This case concerns allegations of violations of Small's constitutional rights, Title VII of the Civil Rights Act of 1964, and of the Americans with Disabilities Act ("ADA"). (See 2d Am. Compl., ECF No. 59.)
Small was employed as a sergeant in the Memphis International Airport Police Department -a department of the Memphis-Shelby County Airport Authority ("MSCAA") - from 1999 until she was terminated on July 3, 2012. (2d Am. Compl. ¶¶ 3, 6; Def. M. Chad Beasley's Am. Answer to Pl.'s 2d Am. Compl. ("Beasley's Am. Answer") ¶ 3, ECF No. 84; Memphis-Shelby Cnty. Airport Auth.'s 1st Am. Answer to Pl.'s 2d Am. Compl ("MSCAA's Am. Answer") ¶¶ 3, 6, ECF No. 113.)
Small alleges that she was referred for a fitness for duty exam ("FFDE") by Defendant M. Chad Beasley on May 18, 2012. (2d Am. Compl. ¶¶ 27, 30.) According to Small, the referral to complete the FFDE "violated 42 U.S.C. § 12112(4)(A) because its requirement that Plaintiff complete a FFDE was neither job-related nor consistent with business necessity." (Id. ¶ 120.)
On April 10, 2015, Small filed a Motion to Exclude Expert Testimony of Ray Turner. (ECF No. 77.) MSCAA filed its response in opposition on April 24, 2015. (ECF No. 82.) The Court held a hearing on the Motion on June 24, 2015. (Minute Entry, ECF No. 116.)
B. Testimony at the Hearing
Dr. Ray Turner was the only witness at the June 24, 2015, hearing. (See id.) Dr. Turner received a bachelor's degree in psychology from Texas Christian University, a master's degree in behavioral science from The Catholic University of America, and a Psy.D. in Clinical Psychology from the Forest Institute of Professional Psychology.
Dr. Turner has had a private practice in Memphis, TN, since 1994, and has worked with the Memphis Police Department since 2001. At the Memphis Police Department, Dr. Turner serves as Coordinator of Psychological Services. In that role, his activities have largely focused on pre-employment screening of applicants. He has also provided counseling and intervention services to police officers and their families. Additionally, he has advised Memphis Police Department management in areas of psychological concern, including recommendations as to whether to refer a particular officer for a FFDE.
Outside his role with the Memphis Police Department, Dr. Turner has performed FFDEs as an independent contractor. He estimated that he has performed approximately fifty such examinations over the last twenty years.
Dr. Turner has several board certifications, including one in Police and Public Safety Psychology by the American Board of Professional Psychology. The process to obtain this certification is extensive - with an application process that can take as long as a year - and requires a demonstration to the ...