Page v. Connecticut Dept. of Public Safety

• Decision Date: 24 January 2002
• Docket Number: No. 3:00 CV 0360(GLG).,3:00 CV 0360(GLG).
• Citation: 185 F.Supp.2d 149
• Parties: Jennifer L. PAGE, Plaintiff, v. CONNECTICUT DEPARTMENT OF PUBLIC SAFETY, Division of State Police, and Louis Lacaprucia Defendants.
• Court: U.S. District Court — District of Connecticut

185 F.Supp.2d 149

Jennifer L. PAGE, Plaintiff, v. CONNECTICUT DEPARTMENT OF PUBLIC SAFETY, Division of State Police, and Louis Lacaprucia Defendants.

No. 3:00 CV 0360(GLG).

United States District Court, D. Connecticut.

January 24, 2002.

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John R. Williams, Williams & Pattis, New Haven, CT, for plaintiff.

Lynn D. Wittenbrink, Attorney General's Office, Hartford, CT, for defendants.

DECISION

GOETTEL, District Judge.

This is an employment discrimination action brought by plaintiff, Jennifer Page, against her employer, the Connecticut Department of Public Safety, Division of State Police (hereinafter referred to as the "Department of Public Safety"), and Louis Lacaprucia (hereinafter referred to as "Lacaprucia"). Plaintiff claims that she was discriminated against on the basis of her gender and pregnancy, and retaliated against because of her objection to these practices. The Complaint contains three counts. The first count alleges a violation by defendant Department of Public Safety of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"). The second count alleges a violation by both defendants of Connecticut's Fair Employment Practices Act ("CFEPA"), Conn. Gen.Stat. §§ 46a-58(a), 46a-60. The third count alleges a violation of plaintiff's First and Fourteenth Amendment rights by defendant Lacaprucia. Defendants have moved for summary judgment on all counts of the Complaint. For the reasons set forth below, defendants' motion [Doc. # 23] is GRANTED.

I. Summary Judgment Standard

A motion for summary judgment may not be granted unless the Court determines that there is no genuine issue of material fact to be tried and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). An issue is "genuine" if there is sufficient evidence such that a reasonable jury could return a verdict for either party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A fact is "material" if it may affect the outcome of the suit under governing law. Id.

The burden of demonstrating the absence of a genuine dispute as to a material fact rests with the party seeking summary judgment, in this case defendants. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). Defendants must identify those portions of the pleadings, depositions, answers to interrogatories, admissions, and/or affidavits which they believe demonstrate the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

In order to avoid the entry of summary judgment, a party faced with a properly supported summary judgment motion must come forward with extrinsic evidence, i.e., affidavits, depositions, answers to interrogatories, and/or admissions, which are sufficient to establish the existence of the essential elements to that party's case, and the elements on which that party will bear the burden of proof at trial. Celotex, 477 U.S. at 322, 106 S.Ct. 2548. The nonmovant, plaintiff, "must do more than present evidence that is merely colorable, conclusory, or speculative and must present `concrete evidence from which a reasonable juror could return a verdict in [her] favor...'" Alteri v. General Motors Corp., 919 F.Supp. 92, 94-95 (N.D.N.Y.1996) (quoting Anderson, 477 U.S. at 256, 106 S.Ct. 2505).

In assessing the record to determine whether there are any genuine issues of material fact, the Court is required to resolve all ambiguities and draw all permissible factual inferences in favor of the party against whom summary judgment is sought. McLee v. Chrysler Corp., 109 F.3d 130, 134 (2d Cir.1997). Additionally, the Second Circuit has held that a district court should exercise particular caution when deciding whether summary judgment is appropriate in an employment discrimination case. Gallo v. Prudential Residential Servs., Ltd. Partnership, 22 F.3d 1219, 1224 (2d Cir.1994). Because writings directly supporting a claim of intentional discrimination are rarely, if ever, found among an employer's documents, a trial court must be particularly cautious about granting summary judgment when the employer's intent is at issue. Affidavits and depositions must be scrutinized for circumstantial evidence which, if believed, would show discrimination. Id.

Accordingly, we set forth the facts in the light most favorable to plaintiff.

II. Facts

The Court accepts the following facts as true, except where noted, for the purposes of defendants' summary judgment motion.

Plaintiff was hired in January 1985 and is still employed by the State of Connecticut, Department of Public Safety as a State Police Dispatcher. (Defs.' Rule 9(c)1 Statement of Facts ¶ 1.)¹ Plaintiff took maternity leave in 1989, 1994, 1996, and 1998. (Defs.' ¶ 2.) Upon plaintiff's return from her most recent maternity leave on November 28, 1998, defendant Lacaprucia was the Commanding Officer of the troop at which plaintiff worked; Master Sergeant Mattson ("Mattson") was the executive officer who supervised civilian employees, including dispatchers. (Defs.' ¶¶ 3-5.)

a. The Fisher Dispute

In mid-December 1998, plaintiff was involved in two disputes with a co-worker, dispatcher Susan Fisher ("Fisher"). Fisher submitted a written complaint to Mattson alleging that, on both occasions, plaintiff had confronted her in a threatening and intimidating manner. (Defs.' ¶¶ 6, 8.) Plaintiff disputes defendants' version of the incidents and provides support for her version with the following: (1) her own deposition testimony; (2) her answers to written interrogatories; and (3) her informational memo of December 31, 1998, to Mattson outlining her recollection of the events. (Pl.'s Rule 9(c)2 Statement of Facts, Exs. A-C.)²

On December 21, 1998, defendant Lacaprucia initiated an Internal Affairs Investigation ("IAI") and appointed Mattson to conduct the investigation. Plaintiff was notified that day that an investigation had been commenced. (Defs.' ¶¶ 10-11.) During the investigation, Mattson reviewed certain information, conducted interviews and received statements from witnesses to the incidents. (Defs.' ¶¶ 12, 13.)

On January 26, 1999, Mattson completed his report, finding that plaintiff had intimidated Fisher and interfered with desk operations. Since Mattson had no first-hand knowledge of the incidents, his conclusions were based upon witnesses' accounts of those incidents. (Defs.' ¶ 15.) Plaintiff acknowledges that Mattson submitted such a report, but disputes its contents and findings. (Pl.'s ¶ 15.) Mattson recommended that plaintiff be charged with improper behavior on the ground that the Connecticut State Police Rules did not allow hostile behavior in the workplace. (Defs.' ¶¶ 17, 18.) Lacaprucia and his supervisor, Major Rearick, Eastern District Commanding Officer, reviewed the report and concluded that plaintiff should be given two days' suspension with the option to stipulate to the discipline and take a one day suspension instead. (Defs.' ¶ 20.) In her Rule 9(c) statement, plaintiff disagrees with defendants' contention, presumably objecting to the outcome of the investigation and the characterization by Lacaprucia and Rearick of her conduct as "serious." It is undisputed that, following the investigation, plaintiff refused to stipulate to the disciplinary action and was suspended for two days. (Defs.' ¶¶ 21, 22, 23, 24.)

On March 16, 1999, plaintiff filed a grievance (a "Step III grievance") with her union in accordance with the provisions of her collective bargaining agreement; the grievance was then filed with the Office of Labor Relations. (Defs.' ¶ 25, 26.) Plaintiff apparently insisted that both her attorney and her union be present at the hearing, but her union objected to this demand. As a result of the deadlock, plaintiff's grievance was denied without a hearing on February 2, 2000, and was withdrawn by plaintiff's union representative in May 2000. (Defs.' ¶¶ 27, 28.)

b. Other Incidents

In December 1998, police dispatchers, including plaintiff, were told that they were required to stay until the end of their shifts. (Defs.' ¶ 29.) In June 1999, dispatchers were told again that they were required to stay until the end of their shifts, and Mattson held a meeting to discuss dispatchers' duties. (Defs.' ¶ 30.) On July 4, 1999, Sergeant Izzarelli complained to Mattson that he had seen plaintiff leaving fifteen minutes before the end of her shift without her supervisor's permission. (Defs.' ¶ 31.) Plaintiff acknowledges that such a complaint was made by Izzarelli, but otherwise "disagrees" with defendants' statement, without further explanation. (Pl.'s ¶ 31.)

On July 9, 1999, dispatcher White told Mattson that plaintiff made certain derogatory comments about the administration and claimed that upper management was "after" her. (Defs.' ¶ 32.) Plaintiff admits that White may have made such a statement to Mattson but otherwise "disagrees" with defendants' statement, again without further explanation. (Pl.'s ¶ 32.) On July 18, 1999, dispatcher Faith Gentile told Mattson that plaintiff had refused to perform certain tasks, claiming that such tasks were not her job. (Defs.' ¶ 33.) Again, plaintiff admits that Gentile may have made such a statement to Mattson but otherwise "disagrees" with defendants' statement, without elaborating further. (Pl.'s ¶ 33.)

On July 19, 1999, a meeting was held among plaintiff, Lacaprucia, and Mattson at which plaintiff was orally counseled for three incidents of unacceptable work behavior. (Defs.' ¶ 34.) Plaintiff admits that the meeting was held but appears to dispute the incidents for which she was counseled. (Pl.'s ¶ 34.) On August 5, 1999, the oral counseling was put in writing. (Defs.' ¶ 35.) Before that happened, however, after the meeting of July 19, plaintiff filed a written complaint of gender and pregnancy...