Gipson v. Cochran
Decision Date | 03 March 2015 |
Docket Number | Civil Action No. 13–0532–KD–M. |
Citation | 90 F.Supp.3d 1285 |
Parties | Dorothy M. GIPSON, Plaintiff, v. Sheriff Sam COCHRAN, Defendant. |
Court | U.S. District Court — Southern District of Alabama |
Mary E. Pilcher, Stein and Pilcher, LLC, Fairhope, AL, Rocco Calamusa, Jr., Wiggins, Childs, Quinn & Pantazis, LLC, Birmingham, AL, for Plaintiff.
K. Paul Carbo, Jr., The Atchison Firm, Mobile, AL, for Defendant.
This action is before the Court on the motion for summary judgment and supporting documents filed by defendant Sheriff Sam Cochran (docs. 54–57), the response in opposition filed by plaintiff Dorothy M. Gipson and supporting documents (docs. 62, 63), and Sheriff Cochran's reply and supporting documents (doc. 65, 66). Upon consideration, the motion is DENIED in part and GRANTED in part as set forth herein.
On October 30, 2013, Plaintiff Dorothy M. Gipson filed her complaint against Sheriff Sam Cochran alleging violations of Title VII of the Civil Rights Act of 1991, and the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) (doc. 1). Gipson alleges that Sheriff Cochran violated USERRA by extending her probationary period due to absences for military training and refusing to provide the same training as other deputies, and by terminating her employment. (Count 1) Gipson also alleges that Sheriff Cochran discriminated against her on basis of sex by treating similarly situated male officers differently in the terms and conditions of employment, application of work rules, extension of probation and termination (Count 2).1 As relief, Gipson seeks declaratory and injunctive relief as to the alleged sex discrimination and violation of USERRA, reinstatement to the position of deputy, back-pay plus interest, compensatory and liquidated damages, costs, attorney's fees, and expenses.
Dorothy Gipson, a female, was hired as a Deputy Sheriff on March 19, 2011. Gipson was a member of the United States Air Force Reserve during her employment with defendant Sheriff Cochran. Before she was hired, Gipson had been a police officer with the City of Prichard, Alabama.
Gipson was required to go through a “Working Test Period” or probation for one year. A deputy initially goes through Field Training and is assigned a Field Training Officer (FTO). The FTO documents the deputy's work performance and training on a daily and weekly basis. Field Training is scheduled to last 8 weeks and at such time the new deputy is deemed able to perform the job solo and is assigned to a squad. Once assigned to a squad, the new deputy is evaluated quarterly with the expectation of completing the Working Test Period within a year of being hired. If the Working Test Period is successfully completed, the deputy then becomes a permanent deputy.
Gipson's first FTO Sergeant's Weekly Report is dated March 21, 2011 through March 27, 2011. (Doc. 63–12, p. 1) During her eight weeks of field training her performance was generally rated as “Acceptable” and during the last four weeks her performance was “Acceptable” but for driving skills which were marked as “Unacceptable” (Doc. 63–12, p. 7–10). Most of the “Comments” indicated that Gipson's work was “Good” but for driving skills. (Id. ) At the 8th week, Sergeant Lori O'Farrell indicated that Gipson was performing at “solo deputy level” but recommended “one week of extended training with being assigned to the north side to assure she is ready to be released from FTO training.” (Doc. 63–12, p. 10)2
During this time, Gipson was absent from duty with the Sheriff's Department for military training. (Doc. 63–3) There are no FTO Weekly Reports for the four-week time period between April 11, 2011 and May 8, 2011, so it appears this is when Gipson was at military training. (Doc. 63–12) Her field training was extended to ensure that she received eight weeks of field training. (Doc. 63–3)
Gipson returned from her April 2011 military leadership training in May 2011. Gipson testified that during a combined roll call for both shifts: “I basically just remember [Lt. Roderick Bonner] directing his attention to me and saying that I needed to be there.” Gipson refers to this incident as blurting out for no reason, “Deputy Gipson, you need to be here.” (Doc. 63–27, p. 5)
At the completion of field training in May 2011, Gipson was first assigned to “the Alpha part of 100 squad.” (Doc. 57–1, p. 21, Bonner deposition) The Alpha squad Sergeants were O'Farrell and Sergeant Robert Miller. (Id., p. 21–22). Lt. Bonner, Captain Carlos Thompson, Deputy Chief David Wilhelm and Sheriff Cochran were her chain of command. During Gipson's term with Alpha Squad, Lt. Bonner was not aware of any deficiencies documented by Sgt. Miller as to Gipson. (Doc. 63–25, p. 9) During this time, Gipson went on military leave.3
In September 2011, Gipson was assigned to the Bravo part of 100 squad and her Sergeants were Steven Hale and Todd Friend (Id., p. 23). Lt. Bonner, Capt. Thompson, Deputy Chief Wilhelm and Sheriff Cochran remained her chain of command. During this time Gipson went on military leave.
Gipson testified that Deputies Pettway, Watson, and Cooper told her that Lt. Bonner did not like females working in law enforcement and would do whatever it took to get them terminated. (Doc. 63–27, p. 6)4 In her answers to interrogatories, Gipson states that while she was assigned to work with Deputy Cooper, Lt. Bonner called her to the Northside Office and told her that she was “progressing well”, that he then asked her “numerous personal questions and then commented that ‘[she] would decide if [she] would be treated as a slut within the department.’ ” (Doc. 63–28, p. 4) At her deposition, Gipson testified that at the station, in the roll call room, with Sgt. Hale present, Lt. Bonner asked Gipson where she lived and (Doc. 63–27, p. 7) (Gipson's testimony is unclear as to whether there were two conversations with Lt. Bonner wherein he asked personal questions.)
On November 9, 2011, Gipson injured her back while getting into her patrol car and was on injured with pay status until December 16, 2011, when she returned to full duty status. Gipson was off duty for sixteen 12–hour days. (Doc. 63–3, Lt. Bonner's request for extension)
On December 28, 2011, Lt. Bonner wrote Chief Deputy Wilhelm to request a ninety-day extension of Gipson's Working Test Period, which was scheduled to end March 2012. (Doc. 63–3) Lt. Bonner stated as follows:
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Jackson v. City of Birmingham
...employer may extend a probationary training period to account for time that an employee is on military leave. See Gipson v. Cochran , 90 F.Supp.3d 1285, 1299 (S.D. Ala. 2015) (Because "USERRA was [ ] never intended to allow a person to be exempt from necessary and important training for a j......