Decaire v. Gonzales
| Decision Date | 23 February 2007 |
| Docket Number | Civil Action No. 04-10593-WGY. |
| Citation | 474 F.Supp.2d 241 |
| Parties | Cynthia A. DECAIRE, Plaintiff, v. Alberto R. GONZALES in his official position as Attorney General of the United States, Defendant. |
| Court | U.S. District Court — District of Massachusetts |
Paul F. Kelly, Indira Talwani, Segal, Roitman & Coleman, Boston, MA, for Plaintiff.
Paul W. Johnson, Ferriter, Scobbo & Rolophele, P.C., Boston, MA, for Defendant.
The plaintiff, Cynthia DeCaire ("De-Caire") filed a complaint against John D. Ashcroft, in his official position as Attorney General of the United States (the "Government") on March 26, 2004 under section 717 of the 1964 Civil Rights Act, as amended, 42 U.S.C. §§ 2000e-16 and 2000e-3, for gender discrimination and retaliation by Anthony Dichio ("Dichio"), the United States Marshal for the District of Massachusetts. Compl. and Demand for Jury Trial [Doc. No. 1]. The Government filed an Answer on July 7, 2004 [Doc. No. 5]. DeCaire amended her complaint on July 7, 2004. First Am. Compl. ( ) [Doc. No. 6]. The Government filed an amended answer on April 5, 2005 ("Def.'s Am. Answer") [Doc. No. 25].
On that same day, the Government filed a motion for summary judgment [Doc. No. 26] as to DeCaire's discrimination and retaliation claims. DeCaire filed a cross-motion for partial summary judgment as to the exhaustion of administrative remedies and the preclusion of any of DeCaire's claims. [Doc. No. 27]. DeCaire filed a memorandum in support of the motion and exhibits, on April 16, 2005 [Doc. Nos. 28-30], and filed additional exhibits on April 25, 2005 [Doc. No. 35]. DeCaire filed an opposition to the Government's summary judgment motion on April 18, 2005 [Doc. No. 31], with the Government filing its own opposition on May 2, 2005 [Doc. No. 37]. The Court allowed DeCaire's motion for partial summary judgment, ruling that the Government waived the defense of exhaustion of administrative remedies by failing to raise it in either its answer or amended answer. The Court denied the Government's motion on that same day.
On May 12, 2005, in light of the fact that Alberto R. Gonzales had replaced John Ashcroft as Attorney General of the United States, this Court granted the motion to substitute a party. [Doc. No. 36]. The parties filed a joint pretrial memorandum on May 12, 2005 [Doc. No. 38]. Subsequently, various evidentiary and discovery matters came before this Court [Doc. Nos. 42, 43, 46-47, 60-61, 64-65]. Additional and amended "agreed-upon" facts were submitted by DeCaire ("Joint Statement of Facts") [Doc. Nos. 49-50, 56], and trial briefs were filed by the Government [Doc. Nos. 51, 53].
An eight-day jury-waived trial commenced on June 2, 2005.1 Closing arguments were held on July 27, 2005,2 at which point the Court took this matter under advisement. DeCaire subsequently filed Proposed Findings of Fact with this Court. [Doc. No. 75, 77].
This Court accepts the following facts filed in the parties' Joint Statement of Facts. The entry-level position in the United States Marshal's office is the "082" position. Joint Statement of Facts at ¶ 1. The Criminal Investigator Deputy United States Marshal position is the "1811" position, which is "more advanced" than "082" status. Id. ¶¶ 2-3. Deputies are assigned permanent duty stations within their district and "may be temporarily detailed to other duty stations inside and outside of the district." Id. ¶¶ 4, 7.
DeCaire has been employed by the United States Marshals' Service since June of 1991. Id. ¶ 7. From June of 1991 to August of 2002, with the exception of one Worcester assignment, her duty station had been Boston. Id. ¶ 17. DeCaire has had an exemplary and "successful career" with the Marshal's service, during which time she has sought career advancement. Id. ¶¶ 8, 14. She began as an 082, id. ¶ 7, and was promoted to an 1811 (Grade 11) position in December 1993. Id. ¶ 9. Three years later, she advanced to a Senior Criminal Investigator Deputy 1811 (Grade 12) position. Id. ¶ 11. DeCaire was assigned to the Warrant Investigations Unit in December 1999, id. ¶ 12, and later became an Acting Supervisory Criminal Investigator in Worcester. Id. ¶ 13. Upon completion of this position, she returned to Boston where she was Team Leader of the Warrant Investigations unit. Id. ¶ 14. Subsequently, she "made the certification list for a promotional position in the Electronic Surveillance unit." Id. ¶ 16.
Dichio was appointed as United States Marshal for the District of Massachusetts by President George Bush and was sworn in on August 6, 2002. Id. ¶ 18. There was, at the time, a "manpower shortage in the District, and in particular, in Court Operations." Id. ¶ 19 () (internal quotation marks omitted). A position with the High Intensity Drug Trafficking Area ("HIDTA") Task Force became available in September 2002. DeCaire, along with deputy Susan Williams ("Williams"), a deputy more senior to DeCaire, and deputy Mark Lewis ("Lewis"), a deputy junior to DeCaire, were interested in the position. Id. ¶ 21. Deputies were not happy with, and complained about, the appointment of Lewis to the Worcester HIDTA position. Id. ¶ 22. DeCaire was reassigned to the Worcester office at the end of that month, id. ¶ 23, while "Deputy Marshal Steve McKearney — who had originally been transferred to Worcester for disciplinary reasons prior to Marshal Dichio's arrival in the District — was transferred to ... De-Caire's position in the Warrant Investigations unit." Id. ¶ 24. Both were given three work days notice of the transfer. Id. ¶ 26. The Form SF50, normally issued at the time of formal transfers, was not completed in either of the transfers. Id. ¶¶ 4, 25.
A few months later, in January 2003, Dichio decided to rotate Williams and De-Caire to Boston, despite the fact that Lewis was the junior deputy in Worcester and his duty station was Boston. Id. ¶¶ 26, 27. Again, this rotational transfer was not accompanied by a Form SF50. Id. ¶ 37. On the first day of the rotation, January 23, 2003, DeCaire "called in sick ... [and] initiated EEO counseling." Id. ¶¶ 31-32. The next day, "Assistant Chief Paul Durette ("Durette") modified Supervisory Deputy [Tom] Bezanson's directive, instructing him that assignments to Boston were to be made only as needed." Id. ¶ 33. The following week, from January 27-31, 2003, DeCaire was on pre-approved leave. Id. ¶ 34. She was told by Bezanson "to report to Worcester instead of Boston on February 3, 2003, and for that reason she did not work in Boston on that day." Id. ¶ 35.
Dichio, without discussing the appointment with Durette, the assistant chief, again without a Form SF50, appointed De-Caire to the Boston 082 Court Operations position. Id. ¶¶ 38, 39, 41. "At the time of this reassignment, there were deputies with less seniority than Deputy Marshal DeCaire assigned to the Worcester office, and to [the] Warrant Investigations Unit in Boston." Id. ¶ 40.
On February 5, 2003 Bezanson forwarded Dichio, Dave Taylor, and Paul Dunne — DeCaire's supervisor at the time — information about the EEO complaint filed by DeCaire. Id. ¶¶ 44, 45. On February 14, 2003, DeCaire was granted a "Notice of Right to File a Discrimination Complaint." Id. ¶ 46. On May 11, 2003, Supervisory Deputy Jeff Bohn was removed from his position as head of the HIDTA Task Force. Id. ¶ 49.
DeCaire remained assigned to the Boston Court Operations despite the arrival of three new 082s from the academy. Id. ¶ 50. Deputy Marshal Kimball, who had less seniority than did DeCaire, was transferred from Court Operations to the Warrant Investigations Unit in mid-March of 2003. Id. ¶ 51. About this time, Acting Chief Dimmitt removed Assistant Chief Durette from an office space into an administrative cubicle. Id. ¶ 52. The following month, the Acting Supervisory Deputy position left vacant by Walter Doherty's departure "was not announced for competitive selection." Id. ¶ 53.
Durette left the Marshal's Service in April of 2003. At about this time, DeCaire indicated her interest in the Acting Supervisor Court Operations position, for which Dimmitt had sought out a female deputy. Id. ¶¶ 54-56. Deputy Marshal Alison Hodgkins was chosen to fill the position. Id. ¶ 58. Other changes were made in the Marshal's Service at this time: Paul Sugrue was assigned to the Warrant Coordinator position, David Taylor ("Taylor") was assigned to be the Acting Assistant Chief Deputy Marshal, and William Fallon was assigned to be the Chief Deputy United States Marshal. Id. ¶¶ 58-59. De-Caire asked to be considered for the Court Operation supervisor position in August of 2003, and "noted that it had been 120 days since her prior request." Id. ¶ 61. Though "[a]cting Supervisory Deputy Marshal positions that are not announced for competitive selection are designated not to exceed 120 days ... Deputy Marshal [Allison] Hodgkins was permitted to remain in the Acting Supervisory position for more than 120 days." Id. ¶¶ 62-63. Taylor sought out a female Deputy Marshal to fill the position sought by DeCaire. Another female, Annette Lawlor, indicated she had no interest in the position. Hodgkins remained in the position until the position was eliminated. Id. ¶ 64.
In October 2003, Paul Dunne and Jeff Bohn were assigned as Court Operations Supervisors. Following her marriage to Bohn on October 10, 2003, DeCaire was transferred to Worcester on October 14, 2003. Id. ¶¶ 68-69, 72. There were deputies assigned to the Warrant Investigations Unit who were junior to DeCaire. Id. ¶ 70. A specific example is Deputy Marshal Kevin Donahue, who was assigned as Warrant Coordinator despite the fact that DeCaire had more...
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Decaire v. Mukasey
...Equal Employment Opportunity office. After a bench trial, the district court ruled against DeCaire on both claims. DeCaire v. Gonzales, 474 F.Supp.2d 241, 260 (D.Mass.2007). The district court held that Dichio did discriminate against DeCaire, that she was treated adversely after she compla......