Crocco v. Advance Stores Co. Inc.

• Decision Date: 16 March 2006
• Docket Number: No. 3:04CV1608(JCH).,3:04CV1608(JCH).
• Citation: 421 F.Supp.2d 485
• Court: U.S. District Court — District of Connecticut
• Parties: Denise D. CROCCO, Plaintiff v. ADVANCE STORES CO. INC. et al., Defendants.

421 F.Supp.2d 485

Denise D. CROCCO, Plaintiff v. ADVANCE STORES CO. INC. et al., Defendants.

No. 3:04CV1608(JCH).

United States District Court, D. Connecticut.

March 16, 2006.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Rachel M. Baird, Law Office Of Rachel M. Baird, Torrington, CT, for Plaintiff.

Elizabeth K. Acee, Margaret P. Mason, Tyler, Cooper & Alcorn, New Haven, CT, Warren L. Holcomb, Berchem, Moses & Devlin, P.C., Milford, CT, Christopher G. Arciero, Elliot B. Spector, Noble, Spector, Young & O'Connor, Hartford, CT, for Defendants.

RULING ON DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT

[Doc. Nos. 37, 38, & 41]

HALL, District Judge.

I. INTRODUCTION

The plaintiff, Denise D. Crocco ("Crocco"), asserts claims against her former employer, Advance Stores Co. Inc. ("Advance"); her former supervisor at Advance, David Logue ("Logue"); another Advance employee, Joseph S. Glorioso ("Glorioso"); the City of Waterbury; and Waterbury police officer Daniel C. Stanton ("Stanton"). Crocco asserts claims against Advance for "Discriminatory Terms, Conditions, and Privileges of Employment" in violation of Title VII, 42 U.S.C. § 2000e-2(a)(1), and the Connecticut Fair Employment Practices Act (CFEPA), Conn. Gen.Stat. § 46a-60(a)(1), (Count I), and for retaliation for conduct protected under Title VII and the CFEPA (Count II). She also asserts claims for malicious prosecution (Count III) against Advance, Logue, and Glorioso. She further claims that Logue and Glorioso are liable for intentional infliction of emotional distress (Count VI) and Advance for negligent infliction of emotional distress (Count VII). Finally, she asserts claims pursuant to 42 U.S.C. § 1983, for false arrest and unreasonable search and seizure, against Stanton (Count IV) and the City of Waterbury (Count V). All of the defendants have moved for summary judgment on all of the claims against them.

II. STANDARD OF REVIEW

In a motion for summary judgment, the burden lies on the moving party to establish that there are no genuine issues of material fact in dispute and that it is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); SCS Communications, Inc. v. Herrick Co., 360 F.3d 329, 338 (2d Cir.2004). The moving party may satisfy this burden "by showing—that is pointing out to the district court—that there is an absence of evidence to support the nonmoving party's case." PepsiCo, Inc. v. Coca-Cola Co., 315 F.3d 101, 105 (2d Cir.2002) (per curiam) (internal quotation marks and citations omitted); accord Goenaga v. March of Dimes Birth Defects Found., 51 F.3d 14, 18 (2d Cir.1995).

A court must grant summary judgment "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact...." Miner v. City of Glens Falls, 999 F.2d 655, 661 (2d Cir.1993) (internal quotation marks and citation omitted). A dispute regarding a material fact is genuine "`if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.'" Aldrich v. Randolph Cent. Sch. Dist., 963 F.2d 520, 523 (2d Cir.1992) (quoting Anderson, 477 U.S. at 248, 106 S.Ct. 2505), cert. denied, 506 U.S. 965, 113 S.Ct. 440, 121 L.Ed.2d 359 (1992). After discovery, if the nonmoving party "has failed to make a sufficient showing on an essential element of [its] case with respect to which [it] has the burden of proof," then summary judgment is appropriate. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

The court resolves "all ambiguities and draw[s] all inferences in favor of the nonmoving party in order to determine how a reasonable jury would decide." Aldrich, 963 F.2d at 523 (internal citation omitted). Thus, "`[o]nly when reasonable minds could not differ as to the import of the evidence is summary judgment proper.'" Id. (quoting Bryant v. Maffucci, 923 F.2d 979, 982 (2d Cir.1991), cert. denied, 502 U.S. 849, 112 S.Ct. 152, 116 L.Ed.2d 117 (1991)); see also Suburban Propane v. Proctor Gas, Inc., 953 F.2d 780, 788 (2d Cir.1992) ("Viewing the evidence in the light most favorable to the nonmovant, if a rational trier could not find for the nonmovant, then there is no genuine issue of material fact and entry of summary judgment is inappropriate."). "`If, as to the issue on which summary judgment is sought, there is any evidence in the record from which a reasonable inference could be drawn in favor of the opposing party, summary judgment is improper.'" Security Ins. Co. of Hartford v. Old Dominion Freight Line, Inc., 391 F.3d 77, 82-83 (2d Cir.2004) (quoting Gummo v. Village of Depew, 75 F.3d 98, 107 (2d Cir.1996)).

When a motion for summary judgment is supported by sworn affidavits or other documentary evidence permitted by Rule 56, the nonmoving party "may not rest upon the mere allegations or denials of the [nonmoving] party's pleading." Fed. R.Civ.P. 56(e); Goenaga v. March of Dimes Birth Defects Found., 51 F.3d 14, 18 (2d Cir.1995). Rather, "the [nonmoving] party's response, by affidavits or as otherwise provided in [Rule 56], must set forth specific facts showing that there is a genuine issue for trial" in order to avoid summary judgment. Id. "The non-movant cannot escape summary judgment merely by vaguely asserting the existence of some unspecified disputed material facts, or defeat the motion through mere speculation or conjecture." Western World Ins. Co. v. Stack Oil, Inc., 922 F.2d 118, 121 (2d Cir. 1990) (internal quotations and citations omitted). Similarly, a party may not rely on conclusory statements or an argument that the affidavits in support of the motion for summary judgment are not credible. Ying Jing Gan v. City of New York, 996 F.2d 522, 532 (2d Cir.1993).

III. FACTS¹

A. Employment and Resignation

Advance hired Crocco in July 2000 as an Assistant Store Manager. She performed well, received positive feedback, and in November 2001 was promoted to be the manager of Store No. 6241 on Wolcott Street in Waterbury, Connecticut. As Crocco's direct supervisor, Logue evaluated her performance as Store Manager. In the August 2002 performance review following her promotion, he told Crocco she was not meeting expectations with regard to store profit, while also making encouraging comments. See Exempt Performance Appraisal, Aug. 3, 2002, Advance's & Glorioso's Mem. Supp. Mot. Summ. J., Ex. E [Doc. No. 44]. Crocco found this evaluation to be fair. Crocco Dep. at 220-21, Advance's & Glorioso's Mem. Supp. Summ. J., Ex. A [Doc. No. 44]. In a November 2002 performance review, Plaintiff was told she was ahead of her sales goal, but again was not meeting expectations with regard to store profit, and also received a supportive comment. See Exempt Performance Appraisal, Nov. 3, 2002, Advance's & Glorioso's Mem. Supp. Mot. Summ. J., Ex. F [Doc. No. 44]; Crocco Dep. at 221-23, Advance's & Glorioso's Mem. Supp. Mot. Summ. J., Ex. A [Doc. No. 44]. Crocco's April 2003 performance evaluation called for improvement in several areas and again criticized Crocco's ability to operate profitably, while praising her success in the commercial program and sales. Performance Management Worksheet, Apr. 1, 2003, Advance's & Glorioso's Mem. Supp. Mot. Summ. J., Ex. G [Doc. No. 44]; Crocco Dep. at 223-25, Def.'s Ex. A. Crocco has testified that she did not think this evaluation "was all the way fair," but has also testified she did not actually "disagree" with it. On Crocco's request, Logue replaced her assistant store manager, Lou Federico, with another assistant store manager, Bill LeMay. Crocco complained that LeMay did not do a good job, and wanted Federico to be returned to the position. In August 2003, Logue and Glorioso evaluated the store that Crocco managed, giving it an overall rating of 29% out of 100%. DM Store Evaluation, Aug. 24, 2003 Advance's & Glorioso's Mem. Supp. Mot. Summ. J., Ex. I [Doc. no. 44]. The profit and loss review indicated below-budget retail sales, over-budget payroll, and below-budget net operating income, id. However, it did not take into account commercial sales. Crocco Aff. ¶ 146 [Doc. No. 55]. Following this review, Logue and Crocco had a discussion in which Logue told Crocco that they needed to try to find a way to turn her store around and told her that one option he was considering was to replace her as store manager and have her expand and run the commercial delivery truck business as an operation separate from the store, at a pay rate slightly less than her current rate as store manager. Plf.'s Loc.R. 56(a)2 Statement Re: Logue ¶ 15 [Doc. No. 58].

Between November, 2001, and the early months of 2003, Logue made sexual comments, advances, and references to sexual acts during various discussions with Crocco. Crocco Aff. ¶ 133 [Doc. No. 55]. He put his arm around her and touched her breast at a business meeting in late 2002 or early 2003. Id. at ¶ 134. At an Advance Christmas party and at quarterly meetings and conventions, Logue drank alcohol and touched women inappropriately. Id. at ¶ 135, 138; see Rodriguez Aff., Plf.'s Mem. Opp. Mots. Summ. J., Ex. 26 [Doc. No. 62] (stating that Logue kissed and groped two women at the Christmas party and had to be pulled off them by Glorioso). At least one of the women whom Crocco attacked in this manner was an Advance employee. Crocco Aff. at ¶ 135; Rodriguez Aff. Crocco also testified to having witnessed Logue engaging in "inappropriate sexual behavior" with other female Advance employees, Crocco Aff. at ¶ 137, and alleges that he had sexual relationships with two particular female employees, id. at ¶¶ 20-22. Logue invited Crocco out to lunch and to engage in social activities outside of work. Id. at ¶ 134, 139; Crocco Dep. at 105-07, Advance's & Glorioso's Mem. Supp. Mot. Summ. J., Ex. A [Doc. No. 44]; see also Email from Logue to Crocco, Aug. 29,...