Dean v. Civiletti, 81-1542

Decision Date09 February 1982
Docket NumberNo. 81-1542,81-1542
Citation670 F.2d 99
Parties29 Fair Empl.Prac.Cas. 890, 28 Empl. Prac. Dec. P 32,438 Ethel Ann Bricker DEAN, Appellant, v. Benjamin R. CIVILETTI, in his official capacity as Attorney General of the United States of America, Appellee.
CourtU.S. Court of Appeals — Eighth Circuit

Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D. C., James R. Britton, U. S. Atty., Fargo, N. D., Robert S. Greenspan, Frederick Geilfuss, argued, Attys., Civil Division, U. S. Dept. of Justice, Washington, D. C., for appellee.

Michael Ward, Minot, N. D., for appellant.

Before LAY, Chief Judge, and ROSS and ARNOLD, Circuit Judges.


Ethel Bricker Dean brought suit under Title VII of the Civil Rights Act of 1964 alleging that the United States Marshal Service discriminated against her on the basis of sex in not accepting her application for transfer to the position of deputy marshal assigned to Bismarck, North Dakota. She also alleges that after the filing of her discrimination complaint the United States Marshal engaged in retaliatory behavior against her, forcing her to resign from her position. She appeals from the decision of the district court denying her back pay and reinstatement in the Marshal Service.

We modify and affirm the decision of the district court.

In 1977 Ethel Bricker was a United States Deputy Marshal stationed in the District of Colorado. While on special assignment she met and later decided to marry Robert Dean, a Missile Escort United States Deputy stationed in Minot, North Dakota.

In the summer of 1977 both Bricker and Dean were seeking to transfer to jobs within the same geographic area. At the same time, the United States Marshal for the District of North Dakota, Alvin Bumann, and his Chief Deputy, Harold Warren, 1 were attempting to obtain authorization from the Marshal Service to hire two additional deputies. One of the vacancies was intended for Bismarck, North Dakota.

On July 1, 1977, the position of deputy marshal assigned to Bismarck, North Dakota, was advertised. Because of the great difficulty in finding applicants willing to accept assignment in North Dakota, Warren, having heard of Bricker and Dean's marriage plans, had been in touch with them prior to the announcement of the position. He indicated that if one of them was interested in the position, the other could probably later be transferred to Bismarck to replace a deputy who was scheduled to retire in January 1978. Bricker contends that she applied for the vacancy with this understanding.

Bricker and Dean both applied for the job but Dean later withdrew his application, leaving Bricker as the sole applicant. Bricker was, according to all witnesses, highly qualified for the job.

The United States District Judge at Bismarck, upon learning of the intended arrangement which would result in a husband and wife team being the only deputy marshals stationed in Bismarck, made his objections to the transfer known to Warren and his superiors. Shortly thereafter the vacancy was withdrawn. Bricker initiated a formal complaint with the Marshal Service August 26, 1977. In September 1977 a vacancy in the Fargo office was advertised. Bricker applied for and was hired for the position. The Bismarck vacancy was again opened after Bricker accepted the Fargo position. She testified that she accepted the Fargo position with the understanding that Dean would be transferred to Fargo upon the...

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24 cases
  • Connecticut Judicial Branch v. Gilbert
    • United States
    • Connecticut Supreme Court
    • 26 de abril de 2022
    ...had assigned her (evidently consistent with branch policy) for many years prior to the act of retaliation. See Dean v. Civiletti , 670 F.2d 99, 101 and n.2 (8th Cir. 1982) (victim of discrimination would be entitled to assignment to geographic station from which she had been wrongly exclude......
  • Fuchilla v. Prockop
    • United States
    • U.S. District Court — District of New Jersey
    • 13 de outubro de 1987
    ...750 F.2d 701 (8th Cir.1984); Dean v. Civiletti, 29 FEP 881 (D.N.D.1981) Available on WESTLAW, 1981 WL222, aff'd in relevant part, 670 F.2d 99 (8th Cir.1982); B. Schlei & P. Grossman, Employment Discrimination Law at 133-34 (2d ed. With regard to plaintiff's retaliation claim plaintiff adduc......
  • McLaughlin v. State of NY
    • United States
    • U.S. District Court — Northern District of New York
    • 5 de março de 1992
    ...Derr v. Gulf Oil Corp., 796 F.2d 340, 344 (10th Cir. 1986); Katz v. Dole, 709 F.2d 251, 253 n. 1 (4th Cir.1983); Dean v. Civiletti, 670 F.2d 99, 101 (8th Cir.1982); Joshi v. Florida State Univ., 646 F.2d 981, 991 n. 33 (5th Cir.1981), cert. denied, 456 U.S. 972, 102 S.Ct. 2233, 72 L.Ed.2d 8......
  • Hicks v. Brown Group, Inc.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • 4 de junho de 1990 award of actual damages cannot be sustained. Jasperson v. Purolator Courier Corp., 765 F.2d 736, 742 (8th Cir.1985); Dean v. Civiletti, 670 F.2d 99, 101 (8th Cir.1982) ("having prevailed on the discrimination issue ... [plaintiff] is entitled to recover nominal damages of at least $1.00 ......
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