Kent v. Iowa
| Decision Date | 10 September 2009 |
| Docket Number | No. 4:06-cv-00402.,No. 4:06-cv-00592.,No. 4:06-cv-00582.,4:06-cv-00402.,4:06-cv-00582.,4:06-cv-00592. |
| Citation | 651 F.Supp.2d 910 |
| Parties | Joseph KENT, Plaintiff, v. The State of IOWA, Newton Correctional Facility, Terry Mapes (in his individual capacity), Kris Weitzell (in her individual capacity), Troy White (in his individual capacity), Carol Van Gorp (in her individual capacity), Jeff Panknen (in his individual capacity), Cindy Conn (in her individual capacity), Larry Lipscomb (in his individual capacity), Carol Boggess (in her individual capacity), Des Moines Area Community College Foundation d/b/a Des Moines Area Community College, Jill Klubek, and Sherri Reynolds, Defendants. James D. Davis, Plaintiff, v. The State of Iowa, Newton Correctional Facility, Terry Mapes (in his individual capacity), Kris Weitzell (in her individual capacity), Troy White (in his individual capacity), Carol Van Gorp (in her individual capacity), Larry Lipscomb (in his individual capacity), Scott Miller (in his individual capacity), Cindy Conn (in her individual capacity), Carol Boggess (in her individual capacity), Des Moines Area Community College Foundation d/b/a Des Moines Area Community College, Jill Klubek, and Sherri Reynolds, Defendants. Marty Marvin Marsh, Plaintiff, v. The State of Iowa, Newton Correctional Facility, Kris Weitzell (in her individual capacity), Troy White (in his individual capacity), Carol Van Gorp (in her individual capacity), Cindy Conn (in her individual capacity), Carol Boggess (in her individual capacity), Des Moines Area Community College Foundation d/b/a Des Moines Area Community College, Jill Klubek, and Sherri Reynolds, Defendants. |
| Court | U.S. District Court — Southern District of Iowa |
Bruce H. Stoltze, Eric M. Updegraff, Stoltze & Updegraff PC, Des Moines, IA, for Plaintiffs.
Forrest A. Guddall, Department of Justice, Mark Hunacek, Iowa Attorney General, Randall H. Stefani, Danielle Jess Haindfield, Nicholas A. Klinefeldt, Ahlers & Cooney, P.C., Des Moines, IA, for Defendants.
Before the Court are two motions, filed by Defendants in the above-captioned actions. On May 14, 2009, Des Moines Area Community College Foundation d/b/a Des Moines Area Community College ("DMACC"), Jill Klubek ("Klubek"), and Sherri Reynolds ("Reynolds") (collectively "DMACC Defendants") filed a Motion for Summary Judgment. Clerk's No. 52. On May 15, 2009, the State of Iowa, Newton Correctional Facility ("NCF"), Kris Weitzell ("Weitzell"), Troy White ("White"), Carol Van Gorp ("Van Gorp"), Cindy Conn ("Conn"), Carol Boggess ("Boggess"), Terry Mapes ("Mapes"), Larry Lipscomb ("Lipscomb"), and Scott Miller ("Scott Miller") (collectively "State Defendants") filed a Motion for Summary Judgment. Clerk's No. 53. Plaintiffs Joseph Kent, James Davis, and Marty Marsh (collectively "Plaintiffs") filed resistances to both Motions for Summary Judgment on June 15, 2009. Clerk's Nos. 60, 62, 65, 66. The DMACC Defendants filed a Reply on June 23, 2009.1 Clerk's No. 69. The State Defendants filed a Reply on July 6, 2009. Clerk's No. 71. While the State Defendants have requested oral argument, the Court does not believe oral argument will substantially aid it in resolving the present issues. Accordingly, the matters are fully submitted.
Plaintiff Joseph Kent ("Kent") filed a Complaint against the State Defendants and the DMACC Defendants on August 22, 2006. Case No. 4:06-cv-00402 ("Kent Case"), Clerk's No. 1. Plaintiff James Davis ("Davis") filed a Complaint against the State Defendants and the DMACC Defendants on December 7, 2006. Case No. 4:06-cv-00582 ("Davis Case"), Clerk's No. 1. Plaintiff Marty Marsh ("Marsh") filed a Complaint against the State Defendants and the DMACC Defendants on December 14, 2006. Case No. 4:06-cv-00592 ("Marsh Case"), Clerk's No. 1. All three Complaints2 assert the following causes of action: 1) Gender Discrimination, in violation of Title VII and the Iowa Civil Rights Act ("ICRA")3; 2) Denial of Equal Protection under 42 U.S.C. § 1983 and the Iowa Constitution4; 3) Slander5; and 4) Intentional Interference with a Contract.6 Kent additionally asserts a claim for Disability Discrimination, in violation of the ICRA.7
In early August 2007, the DMACC Defendants filed unresisted Motions to Consolidate in all three cases. Kent Case, Clerk's No. 34; Davis Case, Clerk's No. 34; Marsh Case, Clerk's No. 28. Chief Magistrate Judge Thomas Shields granted the motions on September 5, 2007. Kent Case, Clerk's No. 36; Davis Case, Clerk's No. 37; Marsh Case, Clerk's No. 30. The cases were consolidated for all purposes, including trial, and the Kent Case was designated the lead case.
At all times relevant to this action, Plaintiffs were employees of the Iowa Department of Corrections ("IDOC"), working at NCF. State Defs.' Statement of Undisputed Facts ) ¶ 1. Plaintiffs Kent and Davis are correctional counselors at NCF, while Plaintiff Marsh is a psychologist. DMACC Defs.' Statement of Undisputed Material Facts " ") ¶¶ 1-3.8 Defendant Mapes is the warden of NCF. State Defs.' Facts ¶ 1. At the time of the events giving rise to Plaintiffs' claims, Klubek was an adjunct instructor at DMACC who taught life skills to NCF inmates through a grant. DMACC Defs.' Facts ¶ 4. Reynolds, another DMACC employee, was Klubek's supervisor. State Defs.' Facts ¶ 2.
In May 2005, the Iowa Corrections Training Center ("ICTC") held training for Offender Workforce Development specialists. Id. During the ICTC training, concerns were raised about whether Klubek, one of the participants, should continue to work at NCF. Id. Laura Scheffert-James ("Scheffert-James"), an IDOC employee, met with Klubek, Reynolds, and others to discuss Klubek's attitude and demeanor during the training. Id. At the meeting, Klubek acknowledged that she had a negative attitude. Id. Klubek then made some statements about incidents at NCF that prompted Scheffert-James to write the following e-mail to Warden Mapes:
The final week of a 3-week training for Offender Workforce Development Specialists was conducted at the [ICTC] on May 2-6, 2005. Jill Klubek, a Life Skills Specialist for DMACC who works at [NCF] was one of the participants in the training. Ms. Klubek has not completed practicum assignments prior to the training as was the expectation (even after having been granted an extension) nor did Ms. Klubek acknowledge she had not completed the assignments when she reported to training for this final week. This is unacceptable and reason to consider her termination from the program. It was then brought to my attention that Ms. Klubek was displaying what was perceived by the trainers and the NIC Corrections Program Specialist as a negative attitude that was counterproductive and distracting for other participants. This was monitored for a couple of days and on Day #3, May 4, 2005, it was decided an intervention was necessary.
. . .
Upon confronting Ms. Klubek with the observations of her negative behavior, she acknowledged she was indeed negative and it was decided it would be best for her to leave the program. When discussing her negative attitude, Ms. Klubek initially commented about the demeanor of the trainers and indicated she felt they were condescending and implied that contributed to her attitude. This writer further questioned Ms. Klubek as her attitude appeared to be so much more pervasive than what was supported by her comments about the trainers. Ms. Klubek then began to confide how she felt about the [IDOC] in general and about the [NCF] as she began to describe how difficult it was for her to work in that environment. Upon further discussion, Ms. Klubek became emotional and cried. She made a couple of comments that were particularly disturbing to this writer. She commented that we did not understand what it was like to work there (NCF) and began to comment about the staff and said, "I have had my desk searched". . . "I have been asked my bra size" . . . and made further comments about the sexual nature of conversations that took place in her office setting. When asked what staff she was referring to she said counselors and Psychologist. Ms. Reynolds then added that she herself had been in [Klubek's] office visiting when she too had overheard conversations that she should not have heard between Marty Marsh and staff as she knew it was a Peer Support person and worked with staff so there were often other staff in the office. Ms. Reynolds noted she overheard conversation re: a "sex chair" and something about various sexual positions. As this writer was unaware Ms Klubek was sharing an office, I asked more about that arrangement at which time, Ms. Reynolds indicated [Klubek] was supposed to be getting a different office, but that it had not happened yet and that they were waiting on something with regard to the computer. She then said that the person they needed to wait on was also a problem for [Klubek]. Further comments were made by Ms. Reynolds that the computer person, Brenda Miller, and the Educational Instructor were all difficulties for Ms. Klubek.
Ms. Klubek noted that she does not say anything about the comments made to her or around her, indicating it was easier to do that than to say something. Upon wrapping up our discussion, this writer informed Ms. Klubek that being asked her bra size and overhearing conversations of a sexual nature as was described were clearly inappropriate. This writer also asked who, if anyone, was aware of some of the issues and was informed that management at Newton was made aware of some of the issues, specifically, Larry Lipscomb. (This writer is...
To continue reading
Request your trial
-
Nunes v. Lizza
...dismissal of defamation claims when the plaintiff "failed to identify specific allegedly defamatory language"); Kent v. Iowa , 651 F. Supp. 2d 910, 964 (S.D. Iowa 2009) (noting that the plaintiffs "wholly fail[ed] to identify any specific statements by [defendants] that they allege are defa......
-
And v. City of N. Liberty
...436, 464 (Iowa 2013). In some cases, a false claim that a plaintiff said something can constitute defamation. See Kent v. Iowa , 651 F. Supp. 2d 910, 964 (S.D. Iowa 2009) (holding allegations that one engaged in verbal sexual harassment may constitute slander). Here, Defendants do not dispu......
-
Queen v. Schultz
...is entitled to summary judgment on the defendant's defamation counterclaims. See Celotex, 477 U.S. at 323, 106 S.Ct. 2548;Kent v. Iowa, 651 F.Supp.2d 910, 958 (S.D.Iowa 2009) (granting summary judgment to defamation defendant where plaintiffs “offered absolutely no information regarding the......
-
Mills v. Iowa
...attorney, and particularly as a General Counsel for an institute of higher education.” Pl.'s Br. at 14 (citing Kent v. State of Iowa, 651 F.Supp.2d 910, 964–65 (S.D.Iowa 2009)). According to Mills: The allegations that he created a culture of a lack of transparency at the General Counsel's ......