Source: cases/29usc623/f-supp-3d-321-839-shoap-v-city-of-crossville.case
Case source: https://www.neochart.com/catalog/cases/f-supp-3d/volume_321/0839_01/index.html
To establish a constructive discharge, Shoap must present evidence showing 1) that Crossville "deliberately create[d] intolerable working conditions, as perceived by a reasonable person, and 2) [Crossville] did so 'with the intention of forcing [him] to quit.... ' "
As discussed above, (1) there was no adverse employment action here and (2) Shoap has not established a question of fact as to whether he was constructively discharged. Crossville is therefore entitled to summary judgment on Shoap's ADEA discrimination claim.
In the end it does not matter, because this claim fails even if there were a protected activity.
Crossville is therefore entitled to summary judgment on Shoap's ADEA retaliation claim.
casedsl 1.2
# author: Flash2 (gemini-3.8-flash-high)
# triaged-by: Fable (2026-11-10)
case /f-supp-3d/321/0839-01
name Shoap v. City of Crossville
cite 321 F. Supp. 3d 839 (2018)
court United States District Court for the Middle District of Tennessee
date 2018-07-23
url catalog/cases/f-supp-3d/volume_321/0839_01/index.html
source ir/caselaw/f_supp_3d_321.jsonl sha1=88eab711ac32ce4fbbf45d121e59bf1a5aae5aff chars=27514
opinion order : order by Crenshaw @0..27514 controlling
law 29usc623
role applied
posture civil; ADEA age discrimination and retaliation; employer motion for summary judgment granted on the federal (Title VII and ADEA) claims by MD Tenn; plaintiff resigned and claimed constructive discharge
result claimant-lost
element employment-action : not-satisfied [no-evidence]
route discharge
pattern interim police chief resigned when a rival was considered for the permanent post; constructive discharge claimed on hiring delays and friction with a councilman
fact @6562..6705 [supports] | Shoap has filed an Affidavit stating that the conditions were "so intolerable" for him as of June 30, 2016, that he could not continue working.
fact @12513..12630 [cuts-against] | Shoap resigned minutes after finding out Rosser was also under consideration for the permanent Police Chief position.
fact @12631..12813 [cuts-against] | Shoap can only point to minor hassles, delays with the decision-making process for the permanent position, and several incidents with Kerley, who was not Shoap's supervisor/employer.
fact @13306..13469 [cuts-against absent] | Finally, none of the seven tell-tale scenarios described by the Sixth Circuit occurred here; the day Shoap resigned he was in the same stead as the day he started.
rule @10559..10825 | To establish a constructive discharge, Shoap must present evidence showing 1) that Crossville "deliberately create[d] intolerable working conditions, as perceived by a reasonable person, and 2) [Crossville] did so 'with the intention of forcing [him] to quit.... ' "
held @20548..20807 | As discussed above, (1) there was no adverse employment action here and (2) Shoap has not established a question of fact as to whether he was constructively discharged. Crossville is therefore entitled to summary judgment on Shoap's ADEA discrimination claim.
gloss The constructive-discharge analysis is made under the Title VII heading (III.A.1) and carried into the ADEA claim by "As discussed above".
element protected-activity : not-reached
route opposition
pattern no written or informal complaint of age discrimination, only general objection to a councilman; court "doubtful" but does not decide
fact @21909..22036 [cuts-against absent] | Here, Shoap did not make any written complaint or file any grievance with Crossville asserting any rights relevant to the ADEA.
fact @22304..22398 [cuts-against] | All that Shoap's evidence suggests is that he voiced general (if fervent) objection to Kerley.
held @22931..23027 | In the end it does not matter, because this claim fails even if there were a protected activity.
gloss The court states doubt ("The Court is doubtful as to whether Shoap engaged in a protected activity") but rests the retaliation ruling on the absence of an adverse action.
element retaliatory-adversity : not-satisfied [no-evidence]
route _whole
pattern voluntary resignation, no discipline, no constructive discharge; retaliation claim fails for want of any adverse action
fact @6108..6139 [cuts-against] | Later that day, Shoap resigned.
fact @6454..6538 [cuts-against absent] | Prior to the resignation, Hill did not fire Shoap or say he was going to fire Shoap.
fact @6941..7005 [cuts-against absent] | Shoap was not subjected to discipline by Crossville at any time.
held @23197..23284 | Crossville is therefore entitled to summary judgment on Shoap's ADEA retaliation claim.
? other: the court reuses its discrimination-claim "adverse employment action" / constructive-discharge finding for retaliation and does not apply the Burlington Northern material-adversity standard