Driggers v. City of Owensboro

110 F. App'x 499
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 24, 2004
DocketNo. 02-6527
StatusPublished
Cited by10 cases

This text of 110 F. App'x 499 (Driggers v. City of Owensboro) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Driggers v. City of Owensboro, 110 F. App'x 499 (6th Cir. 2004).

Opinion

CLAY, Circuit Judge.

Plaintiff Lisa Driggers, a former Patrol Officer for the City of Owensboro Police Department, appeals the November 15, 2002 order of the district court denying her motion to reconsider the court’s grant of summary judgment to Defendants City of Owensboro, Alen Dixon, John Kazlauskas, Glenn Skeens and Mark Lee on her claim under 42 U.S.C. § 1983 for violation of her First Amendment right of intimate association and her claims for sex discrimination and retaliation under the Kentucky Civil Rights Act, Ky.Rev.Stat. Ann. §§ 344.040, 344.280. For the reasons that follow, we AFFIRM the order of the district court.

I.

A. Substantive Facts

Plaintiff Lisa Driggers was a member of the City of Owensboro Police Department from October 14, 1996 through June 25, 2000. During most of that time, Driggers was assigned to the same shift as Officer Jeff Palmer, with whom she had a very close, personal relationship both on and off duty. Defendant Mark Lee, then Sergeant Lee, was Driggers’ commanding officer. Sergeant Lee also was a friend of Driggers, and he socialized with her while off duty.

On November 24, 1999, Sergeant Lee wrote a memorandum to his superior, Lieutenant Glenn Skeens, setting forth his concerns about the working relationship between Driggers and Officer Palmer. The information in the memo was compiled mostly from conversations Lee had with Driggers. In the memo, Lee characterized Palmer as being “obsessed” with Driggers, constantly demanding to know with whom she had been talking and associating. On one occasion, Palmer demanded to see Driggers’ pager, and when she refused, Palmer snatched it off of her uniform, causing Driggers to break two fingernails in the ensuing struggle. The memo also related that Palmer had called Driggers late that night when she returned home and had been verbally abusive to her. According to the memo, Driggers told Palmer to stop calling her, paging her, following her around, and asking with whom she had been associating. [502]*502Last, the memo related a disturbing instance in which Palmer told Driggers that he could kill her, change the barrels on their pistols, and it would look like suicide.

In response to Sergeant Lee’s memo, Lieutenant Skeens called Driggers in for a meeting on November 29, 1999. Sergeant Lee attended the meeting as well. Both Skeens and Lee asked Driggers about whether Palmer had been following her, stalking her, and harassing her. Driggers answered in the negative. She acknowledged that Palmer had taken her pager on one occasion, but that this was “just a cat and mouse game.” Driggers became upset and asked to leave the meeting. Skeens refused her request, accused Driggers of protecting Palmer, and said that he would talk to Palmer about the situation.

The next day, Driggers met with Captain John Kazlauskas and told him that there was no problem between her and Palmer. She admitted that many of the issues raised in Sergeant Lee’s memo were “basically true,” but claimed they were exaggerated. According to Driggers, Captain Kazlauskas became upset and told Driggers that she “was playing a very dangerous game,” that he would “dig and dig and dig until he got the answers he wanted,” and that he would go to the Chief to initiate a full investigation. Kazlauskas told Driggers that this was a serious matter, but reassured her that her job performance was not under investigation. Driggers complained that she was being singled out, telling Kazlauskas that male “officers can have disagreements and scream at each other on station all the time and nobody ever says anything; but when I have a disagreement with my best friend, I wind up in their office with a memo and an interview.”

Captain Kazlauskas then met with Officer Palmer. According to Driggers, Kazlauskas pressured Palmer into admitting that he had a problem and that he was obsessed with Driggers. Palmer agreed to leave his shift with Driggers, go to counseling, and have no further contact with Driggers on or off duty.

On December 15, 1999, Driggers filed the first of five employment discrimination complaints with the City of Owensboro’s EEO Officer, Alma Randolph. The complaint alleged gender discrimination as of November 30, 1999 against Captain Kazlauskas, Lieutenant Skeens, and Sergeant Lee. She complained about being singled out and alienated from her friends at work and that she was interrogated on two separate occasions about a harassment complaint she never filed. She asked not to serve under Lee’s supervision. During Randolph’s investigation of the complaint, Driggers said that Lee had sexually harassed her by ripping her jeans, putting his hand on her knee, and kissing her.

While Randolph was investigating Driggers’ December 15, 1999 complaint, Driggers filed three additional complaints on February 4, 2000. One complaint alleged gender discrimination and retaliation by Lieutenant Skeens. Driggers complained about a “performance notice” Skeens had issued to her for letting her hair hang loosely past the nape of her neck while wearing an official uniform inside the police station. According to Driggers, she had let her hair loose in the past without comment, and male officers had taken items off of their uniforms before leaving the station but were not singled out. Driggers also complained about a conversation Skeens had with a fellow officer in which Skeens asked this officer whether he or Palmer were having sexual relations with Driggers.

A second complaint filed on February 4, 2000 alleged gender discrimination and retaliation against Police Chief Allen Dixon regarding a reference he made in front of [503]*503the officers about the EEO complaint Driggers had lodged. Driggers also challenged Chief Dixon’s order keeping Officer Palmer from having contact with Driggers while on duty as a violation of Driggers’ First Amendment right to association.

A third complaint alleged gender discrimination against Captain Kazlauskas. That complaint reiterated the allegations in her December 15, 1999 complaint and also challenged the Captain’s “tyrannical conduct.”

EEO Officer Randolph interviewed Driggers on February 4, 2000 about her three additional complaints as well as a follow-up to the initial December 15, 1999 complaint. On March 10, 2000, Randolph completed her investigation of Driggers’ four EEO complaints and sent a copy of her findings, conclusions, and recommendations to Driggers. Randolph found that there was no evidence of an attempt to alienate Driggers from members of her shift and that Palmer’s transfer to another shift was a reasonable response to the supervisors’ belief that Palmer had been harassing her. Moreover, Captain Kazlauskas told Randolph that Palmer had requested to be transferred to a different shift. Randolph also concluded that Driggers was not credible in claiming that Palmer had not treated her in a threatening manner, citing to statements from “several officers and a citizen ... that Officers Driggers told them that Officer Palmer harassed and threatened her.” Randolph concluded, “this appears to substantiate the information contained in Sgt. Mark Lee’s memo.”

As to the harassment allegations against Lee, Randolph noted that Lee had told her that he and Driggers had engaged in consensual sexual acts at the home of a mutual friend, Robby Haynes.

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