Croft v. City of Roanoke

862 F. Supp. 2d 487, 2012 WL 1005073, 2012 U.S. Dist. LEXIS 39545
CourtDistrict Court, W.D. Virginia
DecidedMarch 22, 2012
DocketCivil Action No. 7:11CV00277
StatusPublished
Cited by5 cases

This text of 862 F. Supp. 2d 487 (Croft v. City of Roanoke) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Croft v. City of Roanoke, 862 F. Supp. 2d 487, 2012 WL 1005073, 2012 U.S. Dist. LEXIS 39545 (W.D. Va. 2012).

Opinion

MEMORANDUM OPINION

GLEN E. CONRAD, Chief Judge.

In this employment discrimination action under Title VII of the Civil Rights Act of 1964 (“Title VII”), Dennis Croft, a firefighter employed by the City of Roanoke, claims that the City subjected him to disparate discipline on the basis of gender.1 [490]*490The case is presently before the court on the City’s motion for summary judgment. For the reasons that follow, the motion will be granted.

Background

The following facts are presented in the light most favorable to the plaintiff. See Anderson v. Liberty Lobby, hie., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (noting that all evidence must be construed in the light most favorable to the party opposing summary judgment).

Croft has worked for the Roanoke City Fire-EMS Department (“Fire Department”) for 22 years. He eventually attained the rank of Captain. In that position, Croft was considered the “commanding officer” of his assigned station, Fire Station No. 4. (Mot. for Summ. J., Ex. 6.) Croft was responsible for managing the operation of the station, training and supervising the other employees assigned to the station, and enforcing Fire Department policies and rules. Id.

In December of 2009, Croft began dating another employee of the Fire Department, Deborah Van Ness. Van Ness worked for the Fire Department as a part-time, temporary Emergency Medical Technician (“EMT”).

On the night of April 15, 2010, after completing her shift, Van Ness visited Croft at Fire Station No. 4, while he was on duty. Although the Fire Department had an unwritten policy prohibiting visitors after 10:00 p.m., Van Ness stayed with Croft until approximately 1:00 a.m.

At 12:50 a.m., while Van Ness was still at the station, Tim Harris and Robert Joyner were dispatched to an emergency ambulance call. As they were leaving the station to respond to the call, Harris and Joyner observed Van Ness’s vehicle in the parking lot. When they returned from the emergency call, Van Ness’s vehicle was no longer there. Harris had observed Van Ness talking to Croft at approximately 10:30 p.m., and both firefighters had seen Van Ness and Croft together at the station on previous occasions.

Harris and Joyner spoke to the Station Lieutenant, Dean Russell, regarding the fact that Croft had entertained Van Ness at such a late hour. Thereafter, on April 17, 2010, Croft called his direct supervisor, Battalion Chief Jeff Beckner, and advised Beckner that he had violated the Fire Department’s visitation policy. Croft indicated that he and Van Ness had fallen asleep in the station’s television room and that they had been awakened by the emergency dispatch tone at approximately 12:50 a.m. “Having no reason to suspect that any other policies were violated, Beckner did not recommend that a formal investigation be conducted.” (Mot. for Summ. J., Ex. 8.) Instead, Beckner issued Croft a verbal reprimand.

On June 5, 2010, Croft ended his romantic relationship with Van Ness. Several days later, Roanoke City Fire Chief David Hoback learned that a dispute had arisen involving Croft, Van Ness, and another female employee, Kathryn Edwards. On June 10, 2010, Hoback was present when Battalion Chief Beckner received a phone call from Leo Edwards, Kathryn’s husband. Beckner understood the husband’s comments to mean that he was aware that his wife and Croft were having an affair. Beckner relayed the contents of the conversation to Hoback. At Hoback’s request, Beckner drafted a written memorandum summarizing the conversation:

On June 10 at approximately 15:30 I received a call from Leo Edwards saying he would appreciate it if there was any[491]*491thing I could do to help Katherine [sic] to keep her job. He said currently that was the only money coming in and they were currently in bankruptcy. He stated that he did not know what was going on with Katherine [sic] and Dennis, but he could not afford to leave her at this time.

(Mot. for Summ. J., Supp. Ex. A.)

Hoback met with Croft on June 10, 2010 and instructed him to resolve his personal problems outside of the workplace. Croft subsequently contacted Edwards and informed her of the concerns voiced by Ho-back. Immediately thereafter, Edwards requested a meeting with Hoback to discuss a complaint that she had against Van Ness. During the meeting, Edwards claimed that she was being harassed by Van Ness and that Van Ness had unlawfully gained possession of her phone records.

The allegations asserted by Edwards prompted Hoback to investigate further. As part of his investigation, Hoback interviewed Van Ness on June 10, 2010. During the interview, at which another employee, Tiffany Bradbury, was also present, Van Ness provided information regarding her relationship with Croft, as well as Croft’s relationship with Edwards. Toward the end of the interview, Hoback was called out of the room to address another matter. While he was gone, Van Ness told Bradbury that she and Croft had engaged in sexual intercourse at Fire Station No. 4 on the night of April 15, 2010, while Croft was on duty. Bradbury subsequently relayed this information to Hoback.

On June 11, 2010, at Hoback’s request, Van Ness provided a written statement regarding the events that occurred on the night of April 15, 2010. In the written submission, Van Ness stated as follows:

On April 15, 2010 I met Dennis Croft at Station 9 after they got cleared off of a call (they were staging at Station 9 while Station 9 was at a fire — Engine 9 cleared at 10:21 — Engine 4 got cleared to go back to their station and I was invited to go back to Station 4 because everyone was up). This was at approximately 11pm. Dennis & I sat out in the bay while others were getting ready for bed. He then said come on and follow me and I went to his bunk room. One thing led to another and we had sex. I fell asleep after that because I was sick that day. We woke up around lam (12:48 medic 4 got a call) and I waited until they got out of the building and I left. There have been times in the past that he tried to initiate sex, but I wouldn’t do it at the station.

(Mot. for Summ. J., Ex. 10.) Van Ness also told Hoback that she and Croft had stopped dating, and that she believed that she was being harassed by Croft and Edwards. Van Ness acknowledged that she and Edwards had exchanged heated text messages regarding Croft.

Hoback proceeded to interview a number of other employees, including Tim Harris and Robert Joyner. Harris told Hoback that he had seen Croft kissing Van Ness in the service bay of Station No. 4 while Croft was on duty and in uniform. Additionally, both Harris and Joyner indicated that Van Ness’s vehicle was in the parking lot when they left the station on an emergency call at 12:50 a.m. on April 16, 2010, and that the door to the Captain’s bunk room was closed.

On June 15, 2010, Van Ness emailed Hoback a description of the Captain’s bunk room at Fire Station No. 4. The email included a description of the bed in which Croft slept.

In addition to obtaining Van Ness’s version of the events, Hoback requested information from Croft. Croft ultimately [492]*492agreed to answer two questions in writing.

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Related

Croft v. City of Roanoke
506 F. App'x 218 (Fourth Circuit, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
862 F. Supp. 2d 487, 2012 WL 1005073, 2012 U.S. Dist. LEXIS 39545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/croft-v-city-of-roanoke-vawd-2012.