Silvers v. Clay Twp. Police Dep't
| Decision Date | 28 October 2016 |
| Docket Number | Case No. 3:15-cv-087 |
| Parties | Tina Silvers, Plaintiff, v. Clay Township Police Department, et al., Defendants. |
| Court | U.S. District Court — Southern District of Ohio |
ENTRY AND ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT BY DEFENDANTS BOARD OF TRUSTEES OF CLAY TOWNSHIP, CLAY TOWNSHIP, JOHN VANGUNDY, DOC. 38, MOTION FOR SUMMARY JUDGMENT BY DEFENDANT ANTHONY SCOTT, DOC. 39, AND MOTION FOR SUMMARY JUDGMENT BY DEFENDANT JOHN SIMMONS. DOC. 40. THE COURT ALSO FINDS MOOT AND DENIES IN PART PLAINTIFF TINA SILVERS'S MOTION FOR THE COURT TO DISREGARD PORTIONS OF DOC. 45 THAT EXCEED THE SCOPE OF DOC. 38 (CLAY TOWNSHIP AND VANGUNDY'S MSJ) AND DOC. 43 (SILVERS'S MEMORANDUM IN OPPOSITION); OBJECTION TO EVIDENCE IN SUPPORT OF DOC. 45; AND ALTERNATIVE MOTION TO FILE SUR-REPLY. DOC. 48. SUMMARY JUDGMENT IS AWARDED ON PLAINTIFF'S CLAIMS ARISING UNDER FEDERAL LAW. THE REMAINDER OF PLAINTIFF'S CLAIMS ARE REMANDED TO THE MONTGOMERY COUNTY COURT OF COMMON PLEAS.
John Simmons, Doc. 40, and Motion to Disregard Portions of Doc. 45 and Object to Evidence re 45 Reply to Response to Motion by Plaintiff Tina Silvers. Doc. 48. Movants request that the Court award them summary judgment on all counts of Plaintiff Tina Silver's Second Amended Complaint. Doc. 23.
Plaintiff's Second Amended Complaint names as defendants Clay Township, the Board of Trustees of Clay Township, as well as John VanGundy, Anthony Scott and John Simmons both individually and in their official capacities. Doc. 23. All Defendants are charged with sex discrimination and sexual harassment in violation of Ohio Revised Code § 4112 and the Civil Rights Act of 1990, 42 U.S.C. § 2000e, denial of Equal Protection in violation of the Fourteenth Amendment and 42 U.S.C. § 1983. Silvers's claims include negligent hiring and retention of VanGundy and Scott as well as intentional infliction of emotional distress. She also asserts The Board of Trustees and policy-making officials of Clay Township deprived Silvers of constitutional rights by means of governmental policies, practices, customs, and decisions, officially adopted and promulgated by their officers, and by the failure to properly train the individual Defendants. Finally, she seeks attorney fees, costs and other expenses. Monell v. Dept. of Soc. Servs., 436 U.S. 658 (1978).
Plaintiff Tina Silvers graduated from the Great Oaks Police Academy in 1997. Silvers Dep., Doc. 28-1, PageID 301. She worked in several police departments and private security jobs before joining Clay Township Police Department in August 2007 as an Auxiliary Officer without pay. Id. at 304-28, 334. She joined Clay Township at the suggestion of Chief Don Perkins. Id. at 333. Silvers had previously dated Chief Perkins, but that relationship ended in 2005 and theyremained friends. Id. at 338.1 Auxiliary officers were required to undergo field training, and Silvers was assigned to Defendant John VanGundy, who was then an officer, as her Field Training Officer. Id. Silvers resigned in December 2008 due to an injury at another job. Id. at 330, 338-38.
After resigning from Clay Township, Silvers remained friends with VanGundy. Silvers Dep., Doc. 28-1, PageID 347. In 2012, "sometime before October," PageID 346, l. 10, VanGundy suggested to Silvers that she come back to work at Clay Township. Silvers Dep., Doc. 28-1, PageID 345; Perkins Aff. ¶ 3. By that point, VanGundy had been promoted to Detective and indicated that he had enough pull, as a Detective, to get her hired on as a paid Police Officer, though she would have to start again as an Auxiliary Officer without pay. Silvers Dep. at PageID 347. While paid Police Officer positions were hired by the Board of Trustees, the Trustees followed the recommendations of the Chief and VanGundy recommended to the Chief that Silvers be brought back to Clay Township. Perkins Aff. ¶ 6. VanGundy said he would make sure she got the job, but that she would have to "give it up" if hired. Silvers Dep., Doc. 28-1, PageID 349. He had previously told Silvers that his "bucket list" included having sex with an older woman. Id. at 350. Silvers accepted an Auxiliary Officer position, but never had sex with VanGundy. Id. at 352.
Between Silvers's two terms as an Auxiliary Officer, she and VanGundy occasionally texted and talked. Silvers Dep., Doc. 28-1, PageID 350. They never had a sexual relationship, though they each texted a nude photo of themselves to each other in 2010, the period between Silvers's two Auxiliary Officer stints. Id. at 352; Silvers Aff. ¶ 8. When VanGundy discussed Silvers's return to Clay Township, he pulled a folder out of his desk containing sexually explicitphotos of women with whom claimed to have had sex. Silvers Dep., Doc. 28-1, PageID 353. He took the photo she texted him two years earlier from the folder and said he now trusted her but did not trust the other women. Id. at 354.
Silvers began her second term as Auxiliary Officer in October 2012. Silvers Dep., Doc 28-1, PageID 361-62. She was required to go back through the field training program and was assigned to Defendant Anthony Scott as her Field Training Officer. Id. at 362. Field training had a guideline of 240 hours of "on-the-road" training. Perkins Aff. ¶ 4. Actual training could be less depending on an officer's prior experience. Id. Due to her prior experience with the Clay Township Police, Perkins expected Silvers to complete her training in under 240 hours. Id. auxiliary officers do not receive road-training credit hours for paperwork around the office or other assignments within the office. VanGundy Dep. Doc. 30-1, PageID 780.
Silvers was initially scheduled two or three days a week for field training with Scott. Id. at 366. However, it was not uncommon for Silvers to appear for field training and be told by Scott that they were not going on the road because he had too much to do in the office, denying Silvers from additional field training. Id. at 368; Scott Dep., Doc. 31-1, PageID 933. Meanwhile, VanGundy asked her to perform work for which she did not receive credit toward her field training. Id. at 367.
Chief Perkins retired on December 29, 2012. Silvers Dep., Doc. 28-1, PageID 377. By then, VanGundy had been promoted to Lieutenant and Scott had been promoted to Sergeant. Prior to Perkins's departure, she had not experienced any significant problems with Scott or VanGundy. Id; Silvers Aff. ¶ 3. In February 2013, Defendant John Simmons was hired as Safety Director, serving a dual role as Chief of Police. Simmons Dep. PageID 667. Once Chief Perkins was gone, Silvers alleges Scott and VanGundy began subjecting Silvers to a sexually hostile workenvironment in which she was treated differently than male officers. Silvers Aff. ¶ 3. Silvers alleges Simmons joined Scott and VanGundy in this treatment and allowed Scott and VanGundy to continue in it. Id.
On one occasion, in March 2013, Silvers used the restroom at work and urinated blood. Silvers Dep., Doc. 28-1, PageID 384. She informed VanGundy she was sick that morning, but it had gotten worse because she was urinating blood and needed to go to the hospital. Id. Rather than handle the matter discreetly, VanGundy yelled to Scott, in front of Simmons and others, "she's pissing blood." Id. at 386. Scott said "are you sure it's not your monthly?" Id. Silvers said "I think I'd know the difference." Id. She then left and went to the hospital. Silvers Aff. ¶ 9. Thereafter, Scott mocked her by saying "my name is Tina and my pussy hurts." Silvers Dep., Doc. 28-2, PageID 539. He said it numerous times over the course of her employment, even after she told him it offends her. Id. at 539-40.
On another occasion, new pants were ordered for the officers, and Scott asked Silvers what size panties she ordered. Silvers Dep., Doc. 28-1, PageID 393. She answered him, referring instead to her pant size. Id.; Silvers Aff. ¶ 4. That same day he eschewed the colloquial "there's more than one way to skin a cat," instead asking her, if she wiped her ass the same as the rest of them, front to back or side to side, and whether that was the funk he smelled. Silvers Dep., Doc 28-2, PageID 541.
Silvers also contends that once, in July or August of 2013, after she had responded to an auto accident, Scott arrived without his radio and yanked Silvers's microphone, clipped to her chest. A few seconds after he began pulling her around by it, she gave it to him. Silvers Dep., Doc. 28-2, PageID 444-45, 553. He instructed her to move traffic cones so stopped traffic could proceed. Id. at 445. As Silvers was moving the last of the traffic cones, Scott screamed at her Id. Silvers asserts this incident, witnessed by other officers, firefighters, and motorists, was demeaning and embarrassed and humiliated her. Id. at 447-49.
Scott also tried to write-up Silvers for missing work when her sister passed away from cancer and her absence had been approved in advance. Silvers Aff. ¶ 5. After Silvers began losing weight because of his harassment of her, he would ask "what's the matter, do you have cancer or something?" Id.
On Silvers's last day as Auxiliary Officer with the Clay Township Police, Scott ordered Silvers to pick up a prisoner in Preble County. Silvers Dep., Doc. 28-2, PageID 457. When she arrived, she had to wait for the Lewisburg unit to bring the prisoner. Id. at 458. However, contraband was found on the prisoner, so the pick-up never occurred. Id. Silvers drove back to the office and Scott demanded she perform other work. Id. at 459. Silvers took a meal break and performed other work. Id. Upon her return, Scott screamed at her for using "hi...
To continue reading
Request your trial