Conklin v. Cnty. of Suffolk

• Decision Date: 03 May 2012
• Docket Number: No. 09–cv–3014 (ADS)(ETB).,09–cv–3014 (ADS)(ETB).
• Parties: James B. CONKLIN, Plaintiffs, v. COUNTY OF SUFFOLK, the Suffolk County Board of Elections, Jesse Garcia, in his Official and Individual Capacity, Cathy L. Richter Geier, in her Official and Individual Capacity, and Denise A. Wilson, in her Individual Capacity, Defendants.
• Court: U.S. District Court — Eastern District of New York

859 F.Supp.2d 415

James B. CONKLIN, Plaintiffs,

v.COUNTY OF SUFFOLK, the Suffolk County Board of Elections, Jesse Garcia, in his Official and Individual Capacity, Cathy L. Richter Geier, in her Official and Individual Capacity, and Denise A. Wilson, in her Individual Capacity, Defendants.

No. 09–cv–3014 (ADS)(ETB).

United States District Court, E.D. New York.

May 3, 2012.

Barnes & Barnes, P.C., by Robert M. Agostisi, Esq., of Counsel, Garden City, NY, for the Plaintiff.

Suffolk County Attorney Christine Malafi, by Assistant Suffolk County Attorney Brian P. Callahan, Assistant Suffolk County Attorney Jennifer K. McNamara, Hauppauge, NY, for the Defendants the County of Suffolk, the Sufolk County Board of Elections, and Cathy L. Richter Geier, Suffolk County Attorney's Office.

Garrett W. Swenson, Jr., Esq., Coram, NY, for the Defendant Jesse Garcia.

Nixon Peabody, by Brian C. Avello, Esq., Joseph John Ortego, Esq., Kerry Ann Dinneen, Esq., Thomas M. Maliffe, Esq., of Counsel, Farmingdale, NY, for the Defendant Denise A. Wilson.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This suit arises out of claims made by the Plaintiff, James B. Conklin, that he was sexually harassed by the Defendant Denise A. Wilson while an employee of the Suffolk County Board of Elections. In addition, Conklin claims that when he complained of this harassment, the Defendants the County of Suffolk, the Suffolk County Board of Elections, and Cathy L. Richter Geier (collectively, the “County Defendants”), as well as the Defendant Jesse Garcia, retaliated against him. Three separate motions for summary judgment have been filed by the Defendants. For the reasons set forth below, the Court grants the motions filed by individual Defendants Denise A. Wilson and Jesse Garcia, and grants in part and denies in part the motion filed by the County Defendants.

I. BACKGROUND

A. Factual Background

The Defendant Denise A. Wilson (“Wilson”) began her employment with the Defendant the Suffolk County Board of Elections (“BOE”) in the Processing Department in or about November 2005. The Plaintiff James B. Conklin (“the Plaintiff” or “Conklin”) began his employment with the BOE as an Election Clerk in the Data Department on February 14, 2006. Wilson and Conklin became romantically involved prior to the time that the Plaintiff began his employment at the BOE. During the course of their relationship, the Plaintiff was married to another woman. It is undisputed that Wilson and Conklin were only co-workers and that Wilson was not Conklin's supervisor, nor did she have the right to fire, hire, discipline, or control his work schedules or assignments. (Cty. Def.'s 56.1, at ¶ 3; Def. Wilson 56.1, at ¶ 3–4.)

It is not entirely clear when the relationship between Wilson and Conklin actually concluded. The Plaintiff purportedly terminated his relationship with Wilson in June 2007. However, Conklin acknowledged that he was still in love with Wilson for several months after this break up, until at least as late as November 2007. In this regard, in the beginning of November 2007, Conklin gave Wilson a card that said “I love you!” and was signed “Love, Jim” with an “X” and “O”. (Cty. Def.'s 56.1, at ¶ 146.) Also, Mary MacConnell, the Plaintiff's social worker and therapist, testified about a visit with Conklin on September 10, 2007, as follows:

A: Again, there was a never a total breakup. He worked with her.

Q: In the next line [of your progress notes] you say he has obsessive thoughts?

A: Yes.

Q: And he feels she may be with another man.

A: Right.

Q: “He monitors her activities, calls frequently when not at work and tries to date her.”

A: Yes. He loved her. He loved her. Obsessive you think about it and think about it, could she have someone, could she have someone. Again, because of the fact that it wasn't totally ended, the hopefulness was there that it could be rekindled.

(MacConnell Dep., at 28–29.)

It appears that Wilson and Conklin had quite a tumultuous relationship, which manifested itself in various incidents both inside and outside of the workplace. Prior to November 7, 2007, the Plaintiff did not subjectively perceive Wilson's behavior or comments as harassing because, according to him, they were still friends at the time. (Conklin Dep., at 368.) However, an incident that took place on November 7, 2007 outside of the workplace demarcated a change in the Plaintiff's interpretation of Wilson's behavior.

On the evening of November 7, 2007, the Plaintiff approached the home of Donald Pipe, who was a friend and arguably a romantic interest of Wilson. According to Wilson, she was sitting on the couch with Pipe when she heard Conklin shouting and banging on the window. According to Conklin, he only peeked through the window and in doing so, saw illegal drugs strewn about the home. Wilson waited until she believed Conklin was gone from the home, and then left Pipe's residence and began to drive home. Soon thereafter, she noticed that the Plaintiff was following her automobile. Conklin admits that he followed Wilson's car from Patchogue to Bellport, which is the opposite direction from his home. However, he claims that he was following Wilson because she was swerving and he was worried about her safety, especially in light of the drugs he saw at Pipe's residence. Eventually, Wilson pulled into an empty gas station to allegedly get away from Conklin. However, the Plaintiff blocked Wilson's automobile, and in her attempt to escape, Conklin caused her to crash her car into a post at the gas station. The police subsequently arrested the Plaintiff and charged him with two crimes: harassment and reckless endangerment. After this incident, Conklin claims that he received angry and threatening messages from Pipe. Conklin reported these threats to the authorities, which led to Conklin's receipt of an order of protection against Pipe on November 13, 2007.

According to the Plaintiff, from November 7, 2007 onward, he no longer wanted anything to do with Wilson. ( See Pl. Opp. Mem., at 4 (“On November 7, 2007, Conklin's friendship and overall rapport with Wilson began to deteriorate quickly”).) After this point in time, Conklin began to subjectively perceive Wilson's behavior and comments as harassing and thus, on numerous occasions, he began to make complaints that Wilson was bothering him. The County Defendants acknowledge that the “harassment” Conklin began to complain about consisted of Wilson using a copy machine in Conklin's work area in the Data Department; putting her lunch in the refrigerator in Conklin's work area; using a phone in Conklin's work area; and returning things to him after their relationship was over. (Cty. Def.'s 56.1., at ¶ 140.)

In addition, Conklin alleges that Wilson's harassment also included frequent use of the water cooler in his area; intentional use of his desk to read her newspaper; leaving unnecessary notes for him at his workspace; and making passing, derogatory comments to him about his wife. (Pl. 56.1, at ¶ 140.) Furthermore, while walking outside the BOE building, Conklin alleges that Wilson yelled at him and hit him. However, Wilson never touched the Plaintiff in an inappropriate way in the workplace, and never made any physical sexual advances toward him at the BOE. (Pl. 56.1, at ¶ 206.) Moreover, Conklin has acknowledged that part of what formed his belief that he was being sexually harassed by Wilson was “because many of the times she would say stuff to me about the relationship and starting it up again, and that's sexual harassment.” (Conklin Dep., at 176:7–11.)

On the other hand, Wilson testified that she had alternative reasons for her behavior and that she did not intend to harass the Plaintiff. In general, Wilson characterizes the office environment as “fluid”; she asserts that while there are different departments, people moved around frequently and work space and resources were often shared. (Wilson Mem. at 4.) For example, Wilson claims she used the refrigerator in the data department because it was close to her desk and everyone else used it too; she used the water cooler in the data department because she contributed money for the water supply; she used the copy machine in the data department because she did not have one in the processing department where she worked; and she used the phones in the data department because the phones in her department only dialed internal County numbers. (Wilson Dep., at 136–39.) In addition, Wilson obtained an Order of Protection against the Plaintiff on November 20, 2007, because “he ran [her] off the road, I had enough of the stalking, the violence and the erratic behavior.” (Wilson Dep., at 100.) In particular, Wilson testified that she was in “fear for her life” based upon Conklin's actions on November 7, 2007.

The Plaintiff complained about Wilson's behavior to Keith Tuthill, BOE's Director of Operations, and Wayne Rogers, Deputy Commissioner. As a result, Tuthill and Rogers told Wilson not to go into Conklin's workspace in the Data Department. In addition, the Plaintiff observed Tuthill speak to Wilson on at least two occasions in November 2007. (Cty. Def.'s 56.1, at ¶ 170.) However, according to Conklin, Wilson repeatedly violated this prohibition, and the BOE never instituted progressive discipline against Wilson for her infractions. (Pl. 56.1, at ¶ 175.) Thus, Conklin contends that his complaints were not addressed reasonably and/or satisfactorily by the Defendants.

The Plaintiff also alleges that after the November 7, 2007 incident, he also reported Wilson's conduct to the Defendant Jesse Garcia. Garcia works at the BOE as the Republican Hispanic Outreach Coordinator and also, according to Conklin, as the Republican “Election Administrator”. (Def. Wilson 56.1, at ¶ 7.) Garcia denies that he served in a supervisory position at the BOE, and testified that he has nobody who reports to him there. However, the Plaintiff contends that “Garcia is (in reality)third in...