Perks v. Town of Huntington

• Decision Date: 12 March 2003
• Docket Number: No. CIV.A. 99-4811.,CIV.A. 99-4811.
• Citation: 251 F.Supp.2d 1143
• Parties: William T. PERKS, Plaintiff, v. TOWN OF HUNTINGTON and Susan Scarpati-Reilly, Defendants.
• Court: U.S. District Court — Eastern District of New York

251 F.Supp.2d 1143

William T. PERKS, Plaintiff, v. TOWN OF HUNTINGTON and Susan Scarpati-Reilly, Defendants.

No. CIV.A. 99-4811.

United States District Court, E.D. New York.

March 12, 2003.

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Edward J. Yule, Law Offices of Edward J. Yule, P.C., Northport, NY, for Plaintiff.

Ernest R. Stolzer, Rains & Pogrebin, P.C., Mineola, NY, Jason L. Abelove, Law Offices of Jason Abelove, Garden City, NY, Charles L. Weintraub, Bronx, NY, for Defendants.

MEMORANDUM AND ORDER

YOUNG, District Judge.¹

William Perks ("Perks"), a longtime Harbor Master in the Town of Huntington ("Huntington"), alleges that former Town Councilwoman Susan Scarpati-Reilly ("Scarpati-Reilly") maneuvered herself into a position as one of his supervisors, whereupon she initiated a sexual relationship with him and—once he terminated the relationship—sexually harassed, defamed, and conspired against him. Perks has brought a multi-count complaint against Scarpati-Reilly and Huntington, raising various claims of sexual harassment, defamation, and conspiracy. Huntington has since brought a cross-claim against Scarpati-Reilly, seeking indemnification and contribution should it be held liable on certain of Perks' defamation claims. Scarpati-Reilly and Huntington here move for summary judgment on all claims against them.

I. INTRODUCTION

A. Facts²

Susan Scarpati-Reilly became a Councilwoman in Huntington in 1994. Huntington's 56.1 Stmt. [Docket No. 68], ¶ 2. During her tenure as Councilwoman, Scarpati-Reilly developed a particular interest in Huntington's response to oil spills in its waters. In 1996, Scarpati-Reilly played an active role in reorganizing Huntington's Oil Spill Response Board and supported a resolution that created the position of Oil Spill Response Manager. Pi's 56.1 Stmt. [Docket No. 81], If 3a. With Scarpati-Reilly's backing, Perks—who had been a Harbor Master in the Town since the early 1980s—was appointed to that position. Id.; Perks 3/8/01 Dep. [Docket No. 57] at 11. Thus, from that point on, Perks simultaneously held the positions of Harbor Master and Oil Spill Response Manager. Huntington's 56.1 Stmt., H 1.

Perks and Scarpati-Reilly had known each other in passing since the late 1980s. Scarpati-Reilly 3/12/01 Dep. [Docket No. 50] at 60-61. Once Perks became Oil Spill Response Manager, however, they began to interact on a far more regular basis, as Scarpati-Reilly served as the Town Board's liaison to the Oil Spill Response Board. Perks 3/8/01 Dep. at 31-34. Shortly after Perks assumed his new position, Scarpati-Reilly told him that he would be required to report directly to her. Perks 11/15/00 Dep. [Docket No. 59] at 16. She subsequently instructed him to report to her regularly about oil spills and other problems as they arose and implemented a practice of reviewing his memos before he submitted them to his department head. Perks 3/8/01 Dep. at 35-37. Occasionally, Scarpati-Reilly also assigned Perks to work overtime and instructed him to cover meetings on her behalf. Id. at 26; Pl.'s 56.1 Stmt, ¶ 3j. Scarpati-Reilly herself testified in her deposition that during this time, she spoke with Perks hundreds of times per month about issues related to the oil spill response team. Scarpati-Reilly 3/12/01 Dep. at 204-05. Although Perks felt that Scarpati-Reilly's practice of giving him orders directly "put [him] in a tough position," given that he also had other superiors to whom to answer, he did not publicly complain about her treatment of him and generally felt that they had "a good working relationship." Perks 3/8/01 Dep. at 37, 23-24.

During the end of 1996, Perks and Scarpati-Reilly began to go out socially as friends to local diners and taverns. Id. at 58-59. In addition to discussing jobrelated issues, they also began to discuss personal issues, including Perks' pending divorce. Id. at 59-60. On one day in February 1997, their relationship turned more intimate. Id. at 63. According to Perks, while he and Scarpati-Reilly were working at the Town Hall, Scarpati-Reilly kissed him and subsequently initiated sexual contact. Id. at 67-87. Perks was nervous and did not consider himself to be a willing participant in their sexual contact; he did not, however, ask Scarpati-Reilly to stop, in part because "she was the boss." Id. at 94-96.

Over the next year and a half, the sexual relationship between Perks and Scarpati-Reilly intensified. Id. at 97-98. Although people suspected that the relationship was afoot and often confronted Perks with rumors about his affair with Scarpati-Reilly, he consistently denied that their relationship was romantic. Id. at 181. Meanwhile, he and Scarpati-Reilly were regularly having sexual relations, in—among numerous other places—Town Hall offices as well as the Town vehicle (a Ford Bronco). Id. at 100 105.

During the course of their relationship, Scarpati-Reilly used her position as Councilwoman to advance Perks' career. PL's 56.1 Stmt., f 3c. She assisted him in obtaining pay increases, a lap-top computer, a new town truck, a $2,500.00 stipend, and additional overtime. Id. Scarpati-Reilly also helped Perks pursue various employment grievances against Huntington. Id. Perks regarded Scarpati-Reilly as his "rabbi" or "hook" throughout this period.³ Perks 3/8/01 Dep. at 62.

In August 1998, Perks decided that he wanted to terminate the personal relationship. Perks 3/8/01 Dep. at 140. He believed that Scarpati-Reilly was placing too many demands on him: "[financial demands, paying for things, helping her for political reasons, for her career, and time was the most significant." Id. at 135. Shortly after Perks and Scarpati-Reilly returned from a weekend together, he informed her that he wanted to end their personal relationship and expressed his hope that they could continue to have a professional relationship. Id. at 140. According to Perks, Scarpati-Reilly responded in an angry and threatening fashion and told him that she would remove him from his position as Oil Spill Response Manager. Id. at 141, 196-97.

The relationship between Perks and Scarpati-Reilly deteriorated significantly after that point. According to Perks, Scarpati-Reilly began to engage in a pattern of abusive behavior toward him, both in and outside of the office. PL's 56.1 Stmt., ff 5-6. She repeatedly stalked him, demanding that they resume their relationship and threatening various consequences if they did not, including "loss of my job, loss of my overtime, that she was going to take away the laptop and the truck, and that she was going to make things extremely difficult." Id.; Perks 3/8/01 Dep. at 155. Perks alleges that at one point when he was on duty at Town Hall, Scarpati-Reilly asked him to get into her car and then drove him out of Huntington and into Nassau County. Id. at 148. Perks objected to being driven out of Huntington, and attempted to jump out of the moving car as it approached a stoplight on Route 25A in Port Washington. Scarpati-Reilly then grabbed his shirt, ripped it, and alternately threatened him and pled with him to resume the relationship. Id. at 148-50. On another occasion, Scarpati-Reilly called Perks into her office, shut the door, and then showed him a letter that she had drafted to Town Attorney James Matthews ("Matthews"), in which she accused Perks of various false charges relating to improper usage of Town equipment. Id. at 157, 188-89, 194-95. She then indicated to Perks that she wanted him to beg for his job by getting down on his knees, which he did. Id. at 189.

Perks also alleges that Scarpati-Reilly took concrete steps to alter his job conditions for the worse. She acted to reduce his overtime, and, therefore, his compensation. Pl.'s 56.1 Stmt., ¶ 6f. She also altered his job responsibilities, such that he was no longer responsible for oil spills and was instead supposed to perform clerical work that had previously been performed by various secretaries. Perks 3/8/01 Dep. at 161. In addition, Scarpati-Reilly instructed Phil Nolan, under whom Perks worked, to require Perks to provide him with a piece of paper each day delineating his planned schedule. Perks 11/15/00 Dep. at 127-128. She did not tell Nolan to ask any other employee for such daily schedules. Id. at 129-30.

The tension between Scarpati-Reilly and Perks came to a head on the night of February 28, 1999. Perks was working at the Mobil Oil Terminal Distribution Plant in Cold Spring Harbor overseeing an oil transfer. Perks 3/8/01 Dep. at 197. He was then beeped by Scarpati-Reilly, whom he called back. Id. at 199. Scarpati-Reilly told him that she wanted to speak to him about a personal health crisis. Id. at 200. Perks refused. Id. Shortly thereafter, she informed him that she was right there in the parking lot of the Mobil station. Id. at 201. Perks told her that he did not want to see her, but at her insistence, he walked over to her car. Id. at 203-04. Scarpati-Reilly began to yell at him and then stepped out of her car. Perks 3/9/01 Dep. [Docket No. 58] at 256. After continuing to yell at him for several minutes about personal matters (particularly the fact that Perks had a new girlfriend), she then looked at him and said, "[y]ou are out of uniform." Id. at 257-58. Perks responded that if Scarpati-Reilly objected to his attire, she should bring it up with the department head. Id. at 261.

According to Perks, Scarpati-Reilly then responded by hitting him with her right hand on the left side of his head, in the area of his ear and temple. Id. at 261-62. Perks told her, "We are done. Our relationship, personal, we are done. We are finished. I'm out of here." Id. Scarpati-Reilly then approached him again and grabbed the left sleeve of his jacket. Id. at 264. Perks responded by grabbing her arm and attempting to remove it from his sleeve. Id. at 264-65. As soon as he broke her hold on him, Scarpati-Reilly started screaming, ...