Carter v. City of McComb, Mississippi

CourtDistrict Court, S.D. Mississippi
DecidedOctober 10, 2025
Docket5:24-cv-00056
StatusUnknown

This text of Carter v. City of McComb, Mississippi (Carter v. City of McComb, Mississippi) is published on Counsel Stack Legal Research, covering District Court, S.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carter v. City of McComb, Mississippi, (S.D. Miss. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT OF THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION

VICTORIA J. CARTER PLAINTIFF

VS. Civil Action No.: 5:24-cv-56-DCB-LGI

CITY OF MCCOMB, MISSISSIPPI; and JUAN CLOY, In His Individual Capacity for State Law Violations DEFENDANTS

ORDER AND OPINION ON MOTION FOR SUMMARY JUDGMENT This matter comes before the Court on the Motion for Summary Judgment filed by Defendants City of McComb and former Police Chief Juan Cloy (“Cloy”) (collectively “Defendants”). [ECF No. 49]. For the reasons set forth below, the Court DENIES in part Defendants’ motion with respect to the retaliation and intentional interference with business relationships claims, and the Court GRANTS summary judgment with respect to the wage discrimination claim. I. BACKGROUND Victoria J. Carter (“Carter” or “Plaintiff Carter”) is an African American female who was formerly employed by the McComb, Mississippi Police Department. [ECF No. 52-1] at 14; [ECF No. 13] at 1. Carter began her career at the McComb Police Department in 2009 as a “patrolman”. Id. at 15. Around 2015, Carter shifted to “[e]vidence [c]ustodian”, then to “[j]uvenile [d]etective”. Id. at 15-17. Carter applied for the evidence custodian position, was interviewed, and once she accepted the position, she received an increase in pay. Id. at 19. She believes that she was also

interviewed for the juvenile detective position but cannot confirm whether she received an increase in pay. Id. at 23. Later, around 2019, she was promoted to “regular [d]etective”, and ultimately to “Chief Investigator.” Id. 15-17. Carter received a raise as Chief Investigator, and she worked in that position from 2019 to August 18, 2023 – the date that she was terminated from the McComb Police Department. Id. at 34; [ECF No. 53] at 3. During the time of her employment with the McComb Police

Department as Chief Investigator, she “check[ed] two boxes... as a first for the City of McComb” – Carter was the first African American Chief Investigator and the first female Chief Investigator. [ECF No. 52-1] at 29. She originally reported to Chief of Police Damian Gatlin, then Garland Ward. Id. at 38. During both Gatlin and Ward’s time as Police Chief, Plaintiff Carter worked collaboratively with them to hire new investigators. Id. at 37. After Chief Ward left the McComb Police Department, Carter answered to Delre Smith, who was interim chief for a short period until Juan Cloy (“Cloy” or “Defendant Cloy”) was hired. Id. at 42. Prior to Cloy’s employment with the McComb Police Department, Plaintiff Carter was never issued a negative or unsatisfactory performance review and former Police Chief Ward and Smith both approved raises for Carter. Id. at 42, 52.

Defendant Cloy, an African American male, became Police Chief of the McComb Police Department on June 1, 2023. [ECF No. 52-2] at 7. As of the date of his deposition, March 28, 2025, Cloy was still the Chief of Police in McComb. Id. When he started working in McComb, he and Plaintiff Carter had little contact with one another, but he “did make a mental note” that she was “just kind of apprehensive to warm up”. Id. at 12.

Shortly after beginning his employment as Chief, Defendant Cloy learned online that Carter was “being sued by a murder suspect” for “something to do with falsifying information”. Id. at 14-15.1 After discussing Carter’s alleged actions with the district attorney, Defendant Cloy wrote and signed an “intent to impose

disciplinary action letter” (“disciplinary letter”) to Carter. Id. at 13-15. Cloy maintains that he interviewed individuals concerning the specific instances that resulted in Plaintiff Carter receiving the disciplinary letter; however, Carter maintains that neither Cloy, nor the City of McComb has “ever

Cloy’s deposition continues in further detail regarding the falsified affidavit 1that Carter allegedly “c opied and pasted” from a different police officer and s igned off as her own. [ECF No. 52-2] at 15-18. The lawsuit Cloy refers to in the deposition is Frazier v. Carter, No. 5:21-cv-00007-DCB-ASH. [ECF No. 53] at 4. produced any such [documents] to substantiate these claims.” Id. at 31; [ECF No. 53] at 4. Included in the disciplinary letter are allegations of “incompetency”, “inefficiency”, “flouting the

authority of a superior by displaying obvious disrespect”, “insubordinate, rebellious, disruptive, harassment, or disrespectful behavior toward other employees or government officials”, and “disgraceful conduct that adversely affects the City of McComb City’s legitimate interests”. Id. at 20-21; [ECF No. 52-5] at 1. In support of his accusations in the disciplinary letter, Defendant Cloy cites to specific examples of Carter’s conduct.

These include the incident involving the falsified affidavit; Carter allegedly “turn[ing] and fac[ing] the wall and star[ing] at the wall when [Cloy] was speaking to her”; Carter allegedly not using the appropriate avenue to submit an “accident report”; and her alleged comment to another Police Department member that Defendant Cloy looked at the “office manager in a certain way as if it was, you know, a sexual thing”. [ECF No. 52-2] at 15-18, 22- 24. The disciplinary letter, which is dated August 11, 2023, was signed by Cloy just a little over two months after he began working at McComb Police Department. Id. at 26. Plaintiff Carter was ordered to appear for a hearing on the merits of the disciplinary letter on August 18, 2023, or risk unpaid leave or termination.

[ECF No. 52-5] at 1. After the hearing on August 18, 2023, Carter was provided a termination letter. [ECF 52-2] at 35. Defendant Cloy does not remember if the decision for Carter’s termination was made prior

to her receiving the disciplinary letter or after the hearing. Id. at 36. Plaintiff Carter filed suit against the City of McComb on June 7, 2024, for employment related claims of discrimination and retaliation under “Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, in violation of the Fourteenth Amendment to the United States Constitution, in violation of the Equal Pay Act of 1963, and in violation of 42 U.S.C. § 1981”. [ECF No. 1] at 3-4. Plaintiff Carter amended her original complaint on October 2, 2024, to include her original employment related claims of discrimination and retaliation and an additional state law claim of intentional interference of business relationships against Cloy (in his individual capacity). [ECF No.

13] at 4-6. Specifically, Plaintiff Carter alleges that she was terminated because she complained of gender and wage discrimination on June 12, 2023, in an Equal Employment Opportunity Commission (“EEOC”) charge. [ECF No. 15-1]. In addition to her federal claims, Plaintiff Carter includes a state law claim of intentional interference of business relationships against Defendant Cloy for “persuad[ing] the City of Hattiesburg police chief and the City of Brookhaven police chief not to hire [her].” [ECF No. 13] at 4-5.

Defendants filed a motion for summary judgment on July 14, 2025, in which they allege that Carter cannot prove a prima facie case for her claims. [ECF No. 51] at 1. II. LEGAL STANDARD

Summary judgment is available in employment discrimination cases, see, e.g., Slaughter v. Allstate Ins. Co., 803 F.2d 857, 861 (5th Cir. 1986), and is appropriate where "critical evidence is so weak or tenuous on an essential fact that it could not support a judgment in favor of the nonmovant, or where it is so overwhelming that it mandates judgment in favor of the movant." Armstrong v.

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Carter v. City of McComb, Mississippi, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-city-of-mccomb-mississippi-mssd-2025.