Gail Ford v. Mark Garber

CourtLouisiana Court of Appeal
DecidedSeptember 20, 2023
DocketCA-0022-0808
StatusUnknown

This text of Gail Ford v. Mark Garber (Gail Ford v. Mark Garber) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gail Ford v. Mark Garber, (La. Ct. App. 2023).

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

22-808

GAIL FORD

VERSUS

MARK GARBER, ET AL.

**********

APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. C-20194454 HONORABLE LAURIE A. HULIN, DISTRICT JUDGE

CANDYCE G. PERRET JUDGE

Court composed of Candyce G. Perret, Charles G. Fitzgerald, and Guy E. Bradberry, Judges.

AFFIRMED. G. Karl Bernard Karl Bernard Law, LLC 1615 Poydras Sreet, Suite 101 New Orleans, LA 70112 (504) 412-9953 COUNSEL FOR PLAINTIFF/APPELLANT: Gail Ford

Lawrence E. Marino Cearley W. Fontenot Daniel J. Phillips Oats & Marino 100 E. Vermilion Street, Suite 400 Lafayette, LA 70501 (337) 233-1100 COUNSEL FOR DEFENDANTS/APPELLEES: Mark Garber, in his official capacity as the Sheriff of Lafayette Parish Freddie Laque, in his official capacity as Lieutenant Sheriff of Lafayette Parish PERRET, Judge.

In this employment discrimination and retaliation case, Gail Ford

(“Plaintiff”) appeals a trial court’s judgment that granted summary judgment in

favor of Mark Garber, in his official capacity as the Sheriff of Lafayette Parish,

and Freddie Laque, in his official capacity as Lieutenant Sheriff of Lafayette Parish

(collectively, “the Defendants”), which dismissed her retaliation claims pursuant to

Title VII of the Civil Rights Act of 1964. 1 For the following reasons, we affirm.

PROCEDURAL HISTORY AND FACTS:

On December 5, 2005, the Lafayette Parish Sheriff’s Office (“LPSO”) hired

Plaintiff to work as a Correctional Officer. According to the petition, in January

2015, Plaintiff was “reassigned as a bailiff for the 15th Judicial District

Courthouse” and was “responsible for enforcing court rules, maintaining order,

providing security, safely guiding inmates in and out of the court, and announcing

the Judges’ arrival and departure from the courtrooms.” Plaintiff’s employment

with LPSO was terminated on September 13, 2017.

On July 22, 2019, Plaintiff filed suit against the Defendants asserting that

they “without lawful reason, explanation or justification, discriminated against

[her] on the basis of her sex[,]” and that they also “retaliated against [her] by

terminating her employment because she filed grievances involving her

discriminatory mistreatment by her supervisors and fellow male officers.”

Specifically, Plaintiff’s petition sets forth the following pertinent facts and

assertions to allege her discrimination and retaliation claims:

1 On October 3, 2022, Plaintiff filed an opposition to the Defendants’ motion for summary judgment wherein she consented to the dismissal of all claims except “her Title VII Retaliation Claim.” 10.

On or about May 25, 2017, Ford was advised to report to the office of her immediate supervisor, Lt. [Frederick] Laque. When Ford arrived, Lt. Laque and Paula Fuselier, another bailiff in the 15th JDC, were waiting on Ford in Lt. Laque’s office. During the meeting, Officer Fuselier alleged that Ford was “not polite” to her during their interactions in the courthouse. Ford voiced her disagreement with this [sic] Officer Fuslier’s assessment of their professional relationship. Officer Fuselier became hostile and combative. Notwithstanding Officer Fuselier’s behavior, Ford remained calm and deescalated the situation without incident.

11.

Not long after the meeting, Officer Ford informed Lt. Laque that the interaction made her feel extremely unsafe. Lt. Laque dismissed Ford’s concerns. He considered the interaction a harmless “cat fight.”

12.

On or about May 26, 2017, Ford submitted a formal grievance regarding Officer Fuselier’s conduct during the meeting that occurred on [the] previous day. Officer Ford forwarded the grievance form to Lt. Laque, who was responsible for forwarding grievances up the chain of command.

13.

Lt. Laque, without permission or notice to Officer Ford, amended Officer Ford’s grievance form to state that the incident did not take place in his office nor while he was present.

14.

After Officer Ford filed her grievance, Lt. Laque began speaking disparagingly about Officer Ford to her colleagues. He would do so loudly and intentionally while Ford was in earshot.

15.

On or about June 15, 2017, Officer Ford filed a complaint with Defendants’ Human Resource Department. Ford’s complaint reiterated the incident involving Officer Fuselier but also included the decision made by Lt. Laque to amend her grievance with false and/or misleading statements without her authorization or knowledge.

2 16.

The following day, Officer Ford met with Major Jules Broussard about her Human Resource complaint. Following their discussion, Major Broussard informed Officer Ford that he would be handling her complaint and her grievance instead of Internal Affairs.

17.

On or about June 26, 2017, Major Broussard formally closed his investigation into Officer Ford’s complaint and grievance and concluded that there was no wrongdoing on the part of Officer Fuselier or Lt. Laque.

18.

Officer Ford decided to appeal. Pursuant to the LPSO protocol, Officer Ford requested a three person review panel to review Major Broussard’s findings and decision. Not long after Officer Ford made this requests, Major Broussard informed her that her request for a panel review was denied.

19.

Nevertheless, Lt. Laque continued to make Officer Ford’s work environment increasingly hostile. He continued to belittle and demean Officer Ford in front of other courthouse employees.

20.

On or about [August 22] 2017, Officer Ford and a fellow bailiff, Officer Devlin Ca’bean 2 , were on duty in their assigned courtroom during a criminal court proceeding. The criminal defendant at the hearing, Tony Ben, fled the courtroom after the Judge sentenced him to incarceration for violating probation. Officer Ford and Officer Ca’bean were unable to apprehend Mr. Ben prior to exiting the courtroom. However, the suspect was quickly apprehended in the hallway outside of the courtroom.

21.

On or about August 24, 2017, Lt. Laque called Officer Ford into his office. Lt. Laque demanded that Officer Ford sign a form stating that she willfully and intentionally stood idly by and allowed a criminal defendant escape while on duty. Because Officer Ford and

2 In the petition, Officer Devlin’s last name was spelled as “Ca’bean;” however, the record indicates that the proper spelling of his last name is “Cabe’an.”

3 her [sic] Officer Ca’bean attempted to apprehend the defendant, she did not sign the document.

22.

Because Officer Ford refused to sign the form, Lt. Laque became angry. He pounded his desk with his fist in an effort to intimidate or force Officer Ford to sign the document. In an effort to deescalate the situation, Officer Ford suggested to Lt. Laque that they have a meeting with the judge who was in the courtroom that day. Lt. Laque refused.

23.

The next day, Lt. Laque called Officer Ford into his office. Once again he demanded that Officer Ford sign the form stating that she failed to attempt to apprehend the fleeing defendant. Officer Ford, once again, refused.

24.

Lt. Laque became very angry again. He threw papers off his desk, shouted, belittled, and physically slammed his fist on the desk. Officer Ford feared for her safety. Her body trembled uncontrollably during the outburst. Eventually, she found the courage to ask Lt. Laque if she could go home for the rest of the day. Notwithstanding Officer Ford’s refusal to sign the form, upon information and belief, Lt. Laque submitted a falsified form to Internal Affairs.

25.

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Gail Ford v. Mark Garber, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gail-ford-v-mark-garber-lactapp-2023.