Goree v. City of Verona
| Decision Date | 28 September 2021 |
| Docket Number | Civil Action 1:17-CV-93-SA-DAS |
| Parties | STEPHANIE GOREE PLAINTIFF v. CITY OF VERONA, et al. DEFENDANTS |
| Court | U.S. District Court — Northern District of Mississippi |
STEPHANIE GOREE PLAINTIFF
v.
CITY OF VERONA, et al. DEFENDANTS
Civil Action No. 1:17-CV-93-SA-DAS
United States District Court, N.D. Mississippi, Aberdeen Division
September 28, 2021
ORDER AND MEMORANDUM OPINION
SHARION AYCOCK UNITED STATES DISTRICT JUDGE
Stephanie Goree initiated this action on June 23, 2017 by filing her Complaint [1] against the City of Verona and J.B. Long, in his individual capacity.[1] Goree alleges that she was subjected to sexual harassment and gender discrimination over a period of several years while she was employed with the City of Verona Police Department. The Defendants filed a Joint Motion for Summary Judgment [113], which has now been fully briefed. Having reviewed the filings and relevant authorities, the Court is prepared to rule.
Factual and Procedural Background
Goree was initially hired by the Verona Police Department as a part-time patrol officer in 2008. J.B. Long was the Interim Chief of Police at the time of Goree's hire, and Goree contends that Long began sexually harassing her shortly after her employment commenced. She avers that Long made numerous unwelcomed sexual remarks and touched her inappropriately on multiple occasions. As to the nature of the physical touching, Goree testified that Long touched her buttocks with his hand and his midsection but then apologized and acted as though it was inadvertent. According to Goree, she quit her job in 2008 due to Long's conduct, and she filed a Charge of Discrimination with the EEOC based upon the purported harassment. Goree testified that, before she quit, Long inappropriately touched her “maybe 11, 12” times. [113], Ex. A at p. 47.
While the Charge was pending with the EEOC, Leo Mask was hired as the new Police Chief. Shortly after Mask was hired, Goree reached an agreement with him to withdraw her Charge of Discrimination and return to work with the Verona Police Department. Mask served as Chief from approximately 2009 through January 2011, and Goree admits that she was not subjected to any harassment or discrimination during Mask's tenure as Chief. Mask left the Verona Police Department in 2011, and Anthony Anderson then assumed the role of Chief of Police.[2]
Goree contends that, although she helped Anderson get hired by the Police Department, after being named Chief, Anderson began making sexual remarks towards her, touched her on numerous occasions, and propositioned her for sex multiple times. Goree contends that this harassment occurred after Anderson's appointment to the role of Chief in January 2011. But she also admits that Anderson did not harass her after June or July of 2011, specifically testifying as follows:
Q. So after, let's say, June or July of 2011, you didn't experience any other sexual harassment from Anthony Anderson, correct
A. No, sir, I did not
[113], Ex. A at p. 70.
Thus, the harassment to which she was allegedly subjected by Anderson occurred during the time period of January 2011 through June or July 2011. Likewise, when questioned about whether Long's conduct during this period of time, Goree testified as follows:
Q. Okay. Before we talk about Chief Johnson's short tenure as Chief, I just would also want to confirm with you that during Anderson's employment as Chief of Police, J.B. Long didn't do anything to you during that period of time that you considered to be sexually harassing, discrimination, or retaliation, correct
A. Again, he did not.
Q. And nobody else, other than Anderson, sexually harassed you during his tenure as Chief, correct?
A. Right. Correct.
[113], Ex. A. at p. 71.[3]
Anderson resigned sometime around November 2014, at which time Bill Johnson was named Chief of Police. Regarding Johnson's tenure as Chief, Goree asserts that “Chief Johnson ran the police department professionally and did not tolerate gender discrimination. During Chief Johnson's tenure the Defendant Long did not engage in sexual harassment towards [Goree], largely due to Long working the day shift and [Goree] working the night shift.” [128] at p. 4. However, Johnson resigned after only about three months.
After Johnson's resignation, Long re-assumed the role of Interim Chief and later became Chief in July 2015. Goree asserts that a few months after being named Chief, Long resumed harassing and discriminating against her. As to Long's appointment to Chief of Police, Goree asserts that the “City of Verona appointed the Defendant Long as Chief of Police despite complaints of sexual harassment and gender discrimination by [Goree].” [1] at p. 4. When questioned about the harassment to which she was subjected after Long was named Chief in July 2015, Goree stated:
Q. So just for the record, when he became Chief of Police in July of 2015, after that point, he never physically touched you in a sexual way again, correct?
A. No, sir, he did not.
Q. Okay. But you said he did make a number of sexual remarks to you?
A. He did.
Q. Okay. And you told me about the comment that he made. Tell me - just let - let's just break them down in order. What was the first sexual remark that you recall him making to you after he became Chief in July of 2015?
A. Again, he told me that, you think that pussy still good since I lost weight.
Q. And how many times did he tell you that?
A. Just that one time.
Q. Okay. And would that have been shortly after he became Chief?
A. Yes, sir, because we was getting along - you know, trying to get along.
Q. What was the next sexual remark he made to you?
A. He told me he could have had that pussy a long time ago. And I told him, no, he couldn't.
Q. And, again, was that in or around July of 2015?
A. It was, maybe, a couple of months later when we were getting along trying to make the department work.
Q. And what - what was the next sexual remark?
A. Just those two.
Q. Just those two, okay. So other than those two comments, Chief - J.B. Long didn't sexually harass you in any other way from July of 2015 through the present date, correct?
A. No, sir, he did not.
[113], Ex. A at p. 98-100.
On January 28, 2016, Goree submitted to the City of Verona's Board of Aldermen a written grievance against Long, and Long thereafter submitted to the Board a written response. During a meeting on March 10, 2016, the Board of Aldermen went into executive session to address the grievance. Despite being given an opportunity to present witnesses or other evidence, Goree, who was represented by counsel at the meeting, did not do so. Long presented witnesses to testify in his favor. According to the minutes from the meeting, Goree's allegations were dismissed “due to lack of evidence.” [113], Ex. 2.
Goree contends that “[a]fter making her last complaint of sexual harassment and gender discrimination, ” Long cut her hours, refused to allow her to work extra shifts and overtime, subjected her to a non probable cause and non random retaliatory drug screen, and forced her to drive and patrol in an unsafe patrol car. [1] at p. 5-6. She also contends that during this time period Long made discriminatory comments to her regarding her gender, specifically stating that women should not hold the position that she held within the Department. She does not specify how many times Long made comments of this nature but testified that he did so “several times.” [113], Ex. A at p. 116.
Goree thereafter filed a Charge of Discrimination with the EEOC on September 27, 2016. In the Charge, she sets forth her allegations as to the sexual harassment to which she had been subjected dating back to 2008. She then filed her Complaint [1] against the City of Verona and J.B. Long (in his individual capacity) on June 23, 2017. In her Complaint [1], Goree asserts the following claims: (1) Title VII gender discrimination against the City of Verona;[4] (2) Title VII retaliation against the City of Verona; (3) denial of her Fourteenth Amendment right to Equal Protection against Long; and (4) retaliation in violation of her First and Fourteenth Amendment
rights against Long. In their Joint Motion for Summary Judgment [113], the Defendants assert that each of Goree's claims should be dismissed.[5]
Summary Judgment Standard
Summary judgment is warranted when the evidence reveals no genuine dispute regarding any material fact and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a). Rule 56 “mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial.” Nabors v. Malone, 2019 WL 2617240, at *1 (N.D. Miss. June 26, 2019) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)).
“The moving party ‘bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the record which it believes demonstrate the absence of a genuine issue of material fact.'” Id. (quoting Celotex, 477 U.S. at 323). “The nonmoving party must then ‘go beyond the pleadings' and ‘designate specific facts showing that there is a genuine issue for trial.'” Id. (quoting Celotex, 477 U.S. at 324). Importantly, “the inferences to be drawn from the underlying facts contained in the affidavits, depositions, and exhibits of record must be viewed in the light most favorable to the party opposing the motion.” Waste Management of La., LLC v. River Birch, Inc., 920 F.3d 958, 964 (5th Cir. 2019) (quoting Reingold v. Swiftships, Inc., 126 F.3d 645, 646 (5th Cir. 1997)). However, “[c]onclusory allegations, speculation, unsubstantiated assertions, and legalist arguments are not an adequate substitute for specific facts showing...
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