Lewis v. City of Virginia Beach Sheriff's Office

• Decision Date: 17 January 2006
• Docket Number: Civil Action No. 2:04cv247.
• Citation: 409 F.Supp.2d 696
• Parties: Gregory A. LEWIS, Plaintiff, v. CITY OF VIRGINIA BEACH SHERIFF'S OFFICE, Defendant.
• Court: U.S. District Court — Eastern District of Virginia

409 F.Supp.2d 696

Gregory A. LEWIS, Plaintiff, v. CITY OF VIRGINIA BEACH SHERIFF'S OFFICE, Defendant.

Civil Action No. 2:04cv247.

United States District Court, E.D. Virginia, Norfolk Division.

January 17, 2006.

COPYRIGHT MATERIAL OMITTED

Gregory A. Lewis, Sr., Virginia Beach, VA, Plaintiff Pro Se.

Jeff Wayne Rosen, Pender & Coward PC, Virginia Beach, VA, for Defendant.

OPINION AND ORDER

KELLEY, District Judge.

Plaintiff Gregory A. Lewis voluntarily resigned as a deputy sheriff with the Sheriff's Office of the City of Virginia Beach, Virginia (the "Sheriff's Office"). He subsequently filed this action pro se alleging, among other things, that the Sheriff's Office retaliated against him for filing a discrimination complaint and subjected him to a hostile work environment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. The matter is now before the Court on defendant's Motion for Summary Judgment. (Docket No. 20.) For the reasons stated below, the Court GRANTS the Motion for Summary Judgment.

I. Factual and Procedural History¹

In January 1998, the Sheriff's Office hired Lewis and appointed him to the rank of Deputy. The Sheriff's Office assigned Lewis to work in the City of Virginia Beach Correctional Center (the "jail") as a Jail Officer. Approximately one year later, Lewis was transferred, at his request, to work in the Civil Process Division of the Sheriff's Office. Within three years of beginning his employment with the Sheriff's Office, Lewis received a promotion to the rank of Master Deputy II (MDII), and he was reassigned to the jail for further training. The following year, Lewis was again transferred, at his request, to the Classification Division of the Sheriff's Office. Lewis remained in the Classification Division until he voluntarily resigned his employment with the Sheriff's Office in May 2003.

In October 2002, Sergeant David N. Harris, who served as Lewis' immediate supervisor, and Lieutenant Linda Richie, who served as Sergeant Harris' supervisor, recommended Lewis for a part-time position with the City of Virginia Beach Drug Court (the "Drug Court"). Lewis' duties with the Drug Court were in addition to his customary responsibilities in the Sheriff's Office, and he was paid overtime wages for his work in the Drug Court. Lewis served in the Drug Court through the end of the year. Lewis received a score of "Exceeds Standards" in every area of his performance evaluation for the year 2002.

In January 2003, Lewis and a few other deputy sheriffs were present when Sergeant Harris and Deputy J.R. Gibbs discussed a planned hunting trip. During the conversation, Sergeant Harris and Deputy Gibbs described the proper method to hunt bobcat and fox. They stated that these animals are hunted in complete darkness. An audio recording of a wounded animal's cry is used to lure the game toward the hunters. As the game approaches, the hunters use a red spotlight to illuminate the animal's eyes. The hunters aim their rifles at the glowing eyes and shoot.

During this conversation, Lewis asked Sergeant Harris and Deputy Gibbs if he could join them on their upcoming hunting trip. Sergeant Harris responded, "Yeah, sure you can, do your eyes glow in the dark?" Deputy Gibbs added that he had a fur coat that Lewis could borrow and wear so that Lewis could be "mistaken for game."² At the time, Lewis took no action in response to these comments.

One month later, in February 2003, Lieutenant Richie and Sergeant Harris recommended that Lewis become the new entry-level supervisor in charge of the Pretrial/Work Release Office in the Classification Division. Lewis served in this position throughout the remainder of his employment.

Approximately two months after the hunting trip discussion, Sergeant Harris subjected Lewis to a "written counseling" as discipline for various violations of standard operating procedures at the Sheriff's Office. Sergeant Harris admonished Lewis for his failure to timely comply with Sergeant Harris' directive to provide a typed job description of his current assignment and for his failure to request an extension to complete the task. Sergeant Harris also counseled Lewis for taking leave from work on two occasions without first contacting a supervisor and obtaining permission for the leave through the proper chain of command. In addition to the "written counseling," Lewis received "verbal counseling" from Lieutenant Richie and Sergeant Harris concerning the above incidents.

One week after receiving the "written counseling" described above, Lewis submitted a complaint to the Equal Employment Opportunity (EEO) Coordinator of the Sheriff's Office. He accused Sergeant Harris of engaging in "discriminatory action" when Sergeant Harris made the comment about Lewis' eyes glowing in the dark. In his complaint, Lewis stated that he waited "so long to respond to this very serious discrimination (sic) act" because he really enjoyed his position in the Classification Division, and he was concerned that he "would be put on the black list and never considered for a position again."

The following day, Chief Deputy Richard T. Schoonover met with Lewis and the EEO Coordinator and advised Lewis that the Professional Standards Office would investigate Lewis' complaint. When Lewis voiced concerns about possible retaliation, Chief Deputy Schoonover advised him that the Sheriff's Office "would not tolerate retaliation of any kind" and that Lewis should report any actions he believed to be retaliatory to either the EEO Coordinator or to Chief Deputy Schoonover.

The following week, Lewis informed Lieutenant Richie that Deputy James Slee had been disrespectful to him. According to Lewis, he was in the courtroom as part of his Pretrial Services duties. When he asked Deputy Slee to hand certain paperwork to the judge, Deputy Slee replied, "I didn't know your legs were broken." (Lewis Dep. 45.) Although Deputy Slee later apologized, Lewis regarded his apology as insincere. Lewis sought Lieutenant Richie's advice on whether he should submit a Personal Conduct Report against Deputy Slee.

Lieutenant Richie advised Lewis that she would work within Deputy Slee's chain of command by speaking to Deputy Slee's supervisor (who later admonished Deputy Slee through a "verbal counseling"). Without notifying Lieutenant Richie, Lewis decided to submit a written report against Deputy Slee. As a result, Deputy Slee received a "verbal counseling" and a Personal Conduct Report for the same incident.

Following the Deputy Slee incident, Lieutenant Richie sent a detailed memorandum on March 25, 2003 to Captain Dave Van Nice outlining her concerns about Lewis' "inability to function within the chain of command," his "demonstrated ... lack of concern to effectively deal with others," and his "improper leadership tactics." Lieutenant Richie informed Captain Van Nice of Lewis' "written counselings" for his failure to obtain approval prior to taking leave from work and for his failure to timely complete an assigned task. She also informed him of the incident involving Deputy Slee.

Lieutenant Richie further advised Captain Van Nice that during Lewis' service on the Drug Court, Lewis "began arriving to work a few minutes late." According to Lieutenant Richie, Lewis became angry when Sergeant Harris admonished him for being tardy and he received a "written counseling" for his belligerence. Lieutenant Richie stated that Lewis' "daily job assignments were changed and the number of personnel he was assigned to supervise was reduced" in an attempt to develop him into "a more effective supervisor."

As recounted in the March 25 memorandum, Lewis' work performance had improved between November 2002 and January 2003. Lieutenant Richie stated that although Lewis' "productivity remained questionable," he took more of a "proactive" role in the Classification Division's decision-making process. When Lewis was made the new entry-level supervisor in charge of the Pretrial/Work Release Office, Lieutenant Richie thought that it would have been an "excellent" opportunity for Lewis to "assume more of a leadership role while increasing his autonomy."

Lieutenant Richie concluded her March 25 memorandum by stating that it was in Lewis' best interest to transfer him to another division of the Sheriff's Office. Lieutenant Richie explained:

Although none of these single incidents are of a serious nature, combined they demonstrate a pattern of conduct less than that expected of a supervisor. I have made every attempt available as a leader to develop and encourage MDII Lewis to become a more productive supervisor. I must be able to place complete trust and confidence in my supervisors. ... MDII Lewis has violated my trust and has failed to demonstrate his ability to function within this chain of command. I [feel] that the best opportunity for MDII Lewis to reach his full potential is to transfer him to a position where he is able to work side by side with his peers to learn the intricacies of being a team player as well as a supervisor.

At the time Lieutenant Richie sent this memorandum, she was not aware that Lewis had made a written complaint against Sergeant Harris for discrimination. (Richie Affidavit ¶¶ 10, 12.)

After receiving a report of an internal investigation into Lewis' complaint against Sergeant Harris, Chief Deputy Schoonover classified Lewis' allegation as "INCONCLUSIVE." Nonetheless, Sergeant Harris was removed from Lewis' chain of command on March 31, 2003, and Lieutenant Richie was made Lewis' immediate supervisor. Both Sergeant Harris and Deputy Gibbs received "written counselings" admonishing them to be sensitive to others, to avoid offensive comments, and to maintain attitudes of professionalism at all times in the workplace.

One week after Sergeant Harris was removed from Lewis' chain of command, Lewis, at his request, met with Sheriff Paul Lanteigne and Chief Deputy Mark G. Mustin. According to...