Duprey v. Twelfth Judicial Dist. Court

• Decision Date: 27 July 2009
• Docket Number: No. Civ 08–0756 JB.,Civ 08–0756 JB.
• Citation: 760 F.Supp.2d 1180
• Parties: Karen E. DUPREY, Plaintiff,v.TWELFTH JUDICIAL DISTRICT COURT, State of New Mexico; Hon. Karen L. Parsons, Individually and in her official capacity as Chief Judge, Twelfth Judicial District Court, State of New Mexico; Hon. Eugenio S. Mathis, Individually, and in his official capacity as Chairperson of the Judicial Grievance Board convened at Santa Fe, New Mexico on Friday, November 16, 2007 and re-convened on 5 December 2007; Jan Perry, Individually and in her official capacity as Court Administrator, Twelfth Judicial District Court, State of New Mexico; Lorri A. Hatcher, Individually and in her official capacity as Director, New Mexico Administrative Office of Courts, Human Resources Division; and Valerie Park, Individually and in her official capacity as Project Manager, New Mexico Administrative Office of the Courts Human Resources Division, Defendants.
• Court: U.S. District Court — District of New Mexico

760 F.Supp.2d 1180

Karen E. DUPREY, Plaintiff,

v.TWELFTH JUDICIAL DISTRICT COURT, State of New Mexico; Hon. Karen L. Parsons, Individually and in her official capacity as Chief Judge, Twelfth Judicial District Court, State of New Mexico; Hon. Eugenio S. Mathis, Individually, and in his official capacity as Chairperson of the Judicial Grievance Board convened at Santa Fe, New Mexico on Friday, November 16, 2007 and re-convened on 5 December 2007; Jan Perry, Individually and in her official capacity as Court Administrator, Twelfth Judicial District Court, State of New Mexico; Lorri A. Hatcher, Individually and in her official capacity as Director, New Mexico Administrative Office of Courts, Human Resources Division; and Valerie Park, Individually and in her official capacity as Project Manager, New Mexico Administrative Office of the Courts Human Resources Division, Defendants.

No. Civ 08–0756 JB.

United States District Court, D. New Mexico.

July 27, 2009.

Dennis W. Montoya, Montoya Law, Inc., Rio Rancho, NM, for Plaintiff.Paula Grace Maynes, Miller Stratvert, P.A., Santa Fe, NM, for Defendants.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Motion to Dismiss Pursuant to F.R.C.P. 12(b)(6) by Defendants Hatcher and Park, filed October 14, 2008 (Doc. 20). The Court held a hearing on June 18, 2009. The primary issues are: (i) whether Defendant Valerie Park, in recording the proceedings of the grievance hearing in which Plaintiff Karen E. Duprey appealed her demotion, was acting in a quasi-judicial capacity and is entitled to absolute immunity; (ii) whether Park and Defendant Lorri A. Hatcher were “acting for” Duprey's employer such that they are individually liable under the New Mexico Human Rights Act, NMSA 1978 §§ 28–1–1 to 28–1–15 (“NMHRA”); (iii) whether any of Hatcher's or Park's actions gave rise to violations of Duprey's procedural due-process rights; (iv) whether Duprey can seek punitive damages against Hatcher and Park; and (v) whether the Court should award Park and Hatcher attorney's fees and impose sanctions under rule 11 of the Federal Rules of Civil Procedure against Duprey's attorney. Pursuant to Duprey's stipulation in her briefing and at the hearing, the Court will dismiss the individual claims against Park and Hatcher for violations of Title VII and the Federal Age Discrimination in Employment Act, 29 U.S.C. §§ 621–634. Because Park was acting in a non-discretionary, ministerial function, she is not entitled to absolute immunity. The Court also finds that, in their capacities as employees in the Administrative Office of the Court, which supports the Twelfth Judicial District, Park and Hatcher acted for the Twelfth Judicial District, Duprey's employer. The Court therefore believes they can be held individually liable under the NMHRA. The Court finds, however, that Duprey has not alleged a due-process violation against either Hatcher or Park because Duprey received the process she was due—a hearing and an opportunity respond to allegations supporting her demotions—for the deprivation she suffered. All allegations related to the internal-grievance investigation fail to give rise to a due-process violation because that internal-grievance investigation, which was conducted at Duprey's initiative, did not result in the deprivation of life, liberty, or property. Because certain 42 U.S.C. § 1983 claims survive against Hatcher and Park, it is not appropriate at this time to dismiss Duprey's punitive damages claim. Finally, the Court will not award costs or impose sanctions.

FACTUAL BACKGROUND

Some of the factual details that the Court sets forth are not established in the record, but appear as allegations in the Complaint. While the Court does not rely on those facts not set forth in the record, the Court repeats them here for the sake of providing context.

Duprey was an employee of the Twelfth Judicial District Court for the State of New Mexico. See Complaint for Employment Discrimination and Retaliation and for Deprivation of Civil Rights Under Color of State Law ¶ 2, at 2, filed August 18, 2008 (Doc. 1)(“Complaint”). She began working for the Twelfth Judicial District Court on August 31, 1995. See id. ¶ 34, at 8. In the calendar year 2000, Duprey competed for the position of Court Administrator. See id. ¶ 36, at 8. Although she alleges that she was highly qualified for the position, Duprey did not receive the promotion. See id. ¶ 36, at 8. Rather, another, less qualified employee received the job, and “from the outset exhibited jealousy and antipathy toward [Duprey], and directly and indirectly encouraged younger employees and minority employees working under [Duprey] to exhibit insubordination and discontent.” Id. ¶ 36, at 8.

Duprey alleges that she suffered various other negative actions at work, including denial of a pay raise because of an unfair evaluation, degrading and demeaning interrogations based on unfounded allegations made by Hispanic subordinates who had banded against her, a reprimand, and ultimately, a demotion. See id. ¶¶ 37–43, at 9–10. Duprey alleges in her Complaint that, after being demoted, she “filed an internal complaint of harassment pursuant to the New Mexico Judicial Branch Personnel Rules.” Id. ¶ 44, at 10. Duprey also filed a grievance because of the demotion and had a hearing before the grievance board on November 16, 2007 and December 5, 2007. See id. ¶¶ 46–48, at 10–11. See Letter from Valerie Park to Karen Duprey (dated March 5, 2008)(“March 5 Letter”)(discussing Duprey's complaint of a hostile work environment and the internal-grievance investigation that ensued).

Hatcher was serving as the Director of Human Resources for the New Mexico Administrative Office of the Courts during the time periods related to this lawsuit. See id. ¶ 21, at 5; Affidavit of Karen E. Duprey ¶ 3, at 1 (executed October 28, 2008)(Doc. 30–2)(“Duprey Aff.”) Hatcher had ultimate responsibility for assuring the fair and impartial administration of Duprey's grievance hearing and for the fair and impartial administration of the investigation into Duprey's complaint of employment-related harassment. See Complaint ¶ 22, at 6; Duprey Aff. ¶ 3, at 1.

At all relevant times, Park was a project manager for the New Mexico Administrative Office of the Courts, Human Resources. See Complaint ¶ 25, at 6; March 5 Letter at 5. Park investigated Duprey's complaint for harassment. See Complaint ¶ 25, at 6. Park was also in charge of monitoring the audio-recording equipment that was used to make a record of the grievance hearing. See id. ¶¶ 50–51, at 11.

After the November 16, 2007 portion of the grievance hearing and before the December 5 portion, Park revealed to Duprey and to Duprey's attorney that the audio recording from the November 16 hearing had either been accidentally destroyed or was never recorded. See id. ¶ 53, at 12. Because of the lost record, Duprey requested that the hearing be started over so that she would be able to have a record for all of the proceedings. See id. ¶ 55, at 12. The request was denied, and the second day of the hearing proceeded as scheduled. See id. ¶ 56, at 12. Ultimately, a divided grievance board ruled against Duprey. See id. ¶ 57, at 12–13.

Duprey alleges that, after the grievance hearing, Park conducted a “biased, superficial investigation into Ms. Duprey's complaint of on-the-job harassment.” Id. ¶ 58, at 13; Duprey Aff. ¶¶ 15–16, at 5–6. According to Duprey's allegations, Park committed multiple violations of the New Mexico Judicial Branch Harassment Discrimination and Retaliation Policy, including failing and refusing to interview any of Duprey's witnesses and conducting interviews in a biased and leading manner. See Duprey Aff. ¶¶ 15–16, at 5–6. Duprey also alleges that Hatcher failed and refused to supervise and to correct Park's inadequate and biased investigation, and that Hatcher failed and refused to supervise and to correct the biased and unfair March 5, 2008 report of that investigation. See Complaint ¶ 59, at 13; Duprey Aff. ¶¶ 17–19, at 6–7.

PROCEDURAL BACKGROUND

Duprey filed her Complaint in the United States Court for the District of New Mexico on August 18, 2008. Duprey acknowledges that Counts I and III, which reflect claims for employment discrimination in violation of Title VII of the Civil Rights Act of 1964 and for employment discrimination in violation of the Federal Age Discrimination in Employment Act, sound only against the employer, and not against Park and Hatch. See Plaintiff's Response in Opposition to Defendants Hatcher and Park's Motion to Dismiss at 1, filed November 4, 2008 (Doc. 30). Although Duprey stipulates that Counts I and III do not sound against Park and Hatch, she has brought five counts against them: (i) Count II, for discrimination in violation of the NMHRA, see Complaint at 14; (ii) Count V, for employment retaliation in violation of the NMHRA, see Complaint at 16; (iii) Count VI, for denial of equal protection, adverse employment actions, harassment, and retaliation, see Complaint at 16; (iv) Count VII, for denial of due-process stemming from the conduct of the grievance hearing and the harassment investigation, see Complaint at 17; and (v) Count VIII, for punitive damages against, among others, Hatcher and Park, see Complaint at 18.

The Defendants contend that, because Hatcher was not an employer under Title VII, she cannot be sued in her individual capacity under Counts I through V. See Defendants Hatcher and Park's Memorandum in Support of Motion to Dismiss Pursuant to Rule 12(b)(6) at 1–2, filed October 14, 2008 (Doc. 21) (“Memo.”). The Defendants note that supervisory employees acting in their official capacities may be sued under Title VII as a means of suing the employer under an agency theory. See Memo. at 2. The Defendants contend, however, that Hatcher was not an agent of the employer and is therefore not subject to individual liability....