Penhollow v. Board of Com'rs for Cecil County, 1848

• Decision Date: 01 September 1996
• Docket Number: No. 1848,1848
• Parties: Monica Anne PENHOLLOW, v. BOARD OF COMMISSIONERS FOR CECIL COUNTY et al. ,
• Court: Court of Special Appeals of Maryland

Page 265

116 Md.App. 265

695 A.2d 1268

Monica Anne PENHOLLOW, v. BOARD OF COMMISSIONERS FOR CECIL COUNTY et al.

No. 1848, Sept. Term, 1996.

Court of Special Appeals of Maryland.

June 30, 1997.

William D. Hooper, Jr. (Hooper & Jacobs, L.L.C., on the brief), Bel Air, for Appellant.

Niccolo N. Donzella (Gregory M. Miller and Shapiro and Olander, P.A., on brief), Baltimore, for Appellees.

Argued before CATHELL and SALMON, JJ., and JOHN J. GARRITY, J. (Retired, Specially Assigned).

CATHELL, Judge.

Monica Anne Penhollow appeals from the decision of the Circuit Court for Cecil County granting motions to dismiss and motions for summary judgment in favor of the Board of County Commissioners for Cecil County (Cecil County), several members of the Board of County Commissioners for Cecil County who were sued in their individual capacities, Rodney E. Kennedy, George O. Haggerty, Jeffrey D. Clewer, Leon A. Ordway, Sergeant James Russell, and Corporal James Christopher (collectively, appellees). Appellant presents two questions on appeal:

A) Did the trial Court improperly dismiss Counts I and II or in the alternative grant summary judgment as a matter of law?

B) Did the trial Court improperly grant summary judgment as to Counts III--V as a matter of law?

We shall affirm in part and reverse in part the judgment of the trial court.

The Facts

From 1985 until the filing of the complaint below, ¹ appellant was employed as a correctional officer at the Cecil County Detention Center. Appellant attained the rank of Corporal in 1987 and retained that rank at the time she filed her complaint. Appellees in the case sub judice are the Board of County Commissioners for Cecil County and numerous individuals. At the time of the filing of the complaint, the individuals and their employment positions were as follows: W. Edwin Cole Jr., Commissioner; A. Marie Cleek, Commissioner; the Successor of Grayson L. Abbott Jr., ² Commissioner; Rodney E. Kennedy, Sheriff of Cecil County; George O. Haggerty, Chief Deputy Sheriff of Cecil County; Jeffrey D. Clewer, Director of the Cecil County Detention Center; Leon A. Ordway, Deputy Director of the Cecil County Detention Center; James Russell, correctional officer; and James Christopher, correctional officer.

Appellant alleged in her complaint that she had been "subjected to different terms, conditions, and privileges of her employment on the basis of her sex" and that she had been "forced to work in an intimidating, hostile, and offensive working environment, on the basis of her sex." Her complaint alleged five counts: Count I, violation of 42 U.S.C. § 2000e et seq. (Title VII of the Civil Rights Act of 1964)(hereinafter Title VII); Count II, violation of 42 U.S.C. § 1983 (hereinafter § 1983); Count III, negligent hiring or retention; Count IV, intentional infliction of emotional distress; and Count V, violations of Articles 24 and 46 of the Maryland Declaration of Rights. In particular, appellant complained of the following actions:

a. On May 20, 1994, the Plaintiff [appellant] received an interim evaluation that was ordered by Jeffrey Clewer. This evaluation was performed by Sergeant Anna Husfelt who indicated on the report form that the Plaintiff's overall rating was "fair, but needs improvement." Sergeant Husfelt informed the Plaintiff that she had given the Plaintiff a higher rating than the one noted on the report, but was ordered by Jeffrey Clewer to change the evaluation to a lower category. The Sheriff's Department and County policies provide that a yearly evaluation is to be completed on all employees after an employee serves a year probation. An employee who falls below "meets expectations" should have an additional document placed on file regarding the employee's work. No male supervisors received an interim evaluation....

b. The Plaintiff received a notice to report for Grand Jury duty from January 17, 1994 through May 13, 1994. The Plaintiff informed her supervisor on January 3, 1994 of that fact. Additionally the Plaintiff gave Sergeant Anna Husfelt a copy of the notice to report and informed Sergeant Husfelt that the Plaintiff had called the State's Attorney to make certain her serving on the Grand Jury would not constitute a conflict of interest due to her employment.... Judge Cole informed the Plaintiff that he had received calls from Sergeant Linda Lannen, Jeffrey Clewer and George Haggerty regarding a conflict of interest.... In similar circumstances involving male employees who had been called for jury duty, no calls were ever placed to any of the judges.

c. From September 1, 1994 through September 25, 1994, Sergeant Anna Husfelt was on leave. By letter dated August 25, 1994, Sergeant Husfelt set forth a list of tasks which she expected accomplished during her absence by both the Plaintiff and Corporal James Christopher. Sergeant Husfelt specifically assigned the Plaintiff to the control area and Corporal Christopher to booking. Both Corporal Christopher and the Plaintiff were ordered, in writing, to submit a log of events which took place while Sergeant Husfelt was on leave upon her return. The Plaintiff submitted her log on September 25, 1994; however, Corporal Christopher has never submitted anything in writing as ordered. The Plaintiff was the senior ranking Corporal, placing Corporal Christopher in the booking area put him in the position of the supervisor in charge.... The Plaintiff was not treated as the senior ranking supervisor in this instance.

d. On August 1, 1993, Corporal James Christopher stated to Corporal Alex Holotanko, referring to the Plaintiff, that he (Corporal Christopher) had worked hard in moving an inmate to a section which he supervised. He stated [, after discovering that appellant had the inmate further moved,] to Corporal Holotanko "She's a fucking bitch." "She's got the brain the size of a pea and I am tired of her fucking shit." This conversation occurred in the booking station at a shift change. Deputy Kevin Sinclair and DFC Lisa Crocket were present and overheard the conversation.... The Plaintiff has complained repeatedly over the last three years concerning Corporal James Christopher's attitude, comments and treatment of female employees, all without action being taken to correct the problems....

e. On January 28, 1993, at the booking station, the Plaintiff was accused by Sergeant James Russell of taking his paperwork to Mr. Clewer's office. The Plaintiff informed Sergeant Russell that she had not, but had given it to Mr. Clewer at the booking station. Sergeant Russell stated "You took my fucking paperwork to Jeff's office because he told me you did." "You better not be fucking with any of my paperwork." Sergeant Russell continued to use foul and abusive language. The Plaintiff stated to him on numerous occasions that she did not appreciate him talking to her in such a manner, especially in front of subordinates. The Plaintiff suggested that if Sergeant Russell wished to continue the conversation that it take place in the supervisor's office. Present during this incident were Sergeant Danny Blackburn, Corporal Alex Holotanko, Corporal James Christopher, Corporal Thomas Morris, DFC Patty Miller, DFC Harry Griswold, DFC Basil Goodwin, Deputy Mary Ann Sprout, and Deputy James Belcher. The Plaintiff filed a verbal complaint with Sergeant Anna Husfelt and later with Jeffrey Clewer. There was no further investigation provided or follow up by Mr. Clewer. Of the nine staff members present, three, DFC Patty Miller, DFC Harry Griswold, and DFC James Belcher complained to the Plaintiff that they not be exposed to this type of conversation and behavior from a supervisor. The Plaintiff spoke with Mr. Clewer who was Sergeant Russell's supervisor, however, nothing was ever done.

f. On October 3, 1990, the Plaintiff was transferred via an inter-departmental transfer by Alexander M. Francis, the then Detention Center Director. The Plaintiff was assigned to the 1600-2400 hour shift under the supervision of Sergeant Anna Husfelt. Shortly thereafter the Plaintiff began to receive orders to cover other shifts. For instance, she would get off of work at midnight and be made to report back at 8:00 a.m. She would get off at 4:00 p.m., and made to report back [at] midnight. There were many times that the Plaintiff would get off at 8:00 a.m. and be required to report again at 4:00 p.m. This occurred continuously throughout 1991, 1992, and 1993. During this period of time Corporal James Christopher worked exclusively day shift and was never required to work overtime. The Plaintiff was the only supervisor ordered to work the evening and midnight shifts g. On October 18, 1991, the Plaintiff was assigned by Mr. Clewer as the "Control Center Supervisor." The Plaintiff worked this assignment four days a week. No other male supervisors were required to work a post four days a week. The Plaintiff received no shift briefings, copies of any reports about incidences, fights, contraband, etc. On Saturdays, the Plaintiff would be the only supervisor on duty. The Plaintiff finally complained on March 21, 1992, to Sergeant Gary Hinkle. The Plaintiff was later informed by Deputy Christine Davis that the Plaintiff could not be moved out of control because he had orders from the Sheriff to keep her on that duty. If something happened Sergeant Hinkle would get in trouble.

h. On August 13, 1993, Deputy Director Ordway designated the Plaintiff as the Female Unit Supervisor. Initially the Plaintiff worked this assignment from midnight to 8:00 a.m. The Plaintiff worked this shift until September 30, 1993. She was then assigned to the 4:00 p.m. to 12:00 a.m. shift by Jeffrey Clewer. The Plaintiff worked 4:00 p.m. to 12:00 a.m. until October 31, 1993 when she was moved to the 8:00 a.m. to 4:00 p.m. shift to do the same assignment. This work area is normally staffed by a correctional officer and not a supervisor.

i. In November, 1993, Mr. Ordway assigned the...