Georgia Erickson v. Wisconsin Department of Corrections

469 F.3d 600, 88 Empl. Prac. Dec. (CCH) 42,601, 2006 U.S. App. LEXIS 28125, 99 Fair Empl. Prac. Cas. (BNA) 334
CourtCourt of Appeals for the Seventh Circuit
DecidedNovember 14, 2006
Docket05-4516
StatusPublished
Cited by63 cases

This text of 469 F.3d 600 (Georgia Erickson v. Wisconsin Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Georgia Erickson v. Wisconsin Department of Corrections, 469 F.3d 600, 88 Empl. Prac. Dec. (CCH) 42,601, 2006 U.S. App. LEXIS 28125, 99 Fair Empl. Prac. Cas. (BNA) 334 (7th Cir. 2006).

Opinion

EVANS, Circuit Judge.

Georgia Erickson, a payroll and benefits specialist at the Wisconsin Correctional Center System (WCCS), a division of the Wisconsin Department of Corrections (WDC), brought suit against her employer under Title VII’s hostile work environment doctrine and § 1983 after she was raped by John Spicer, an inmate at the Oregon Correctional Center (OCC). The OCC, an all-male minimum security prison also under the authority of WDC, is housed in the same building as WCCS. A jury ultimately found for Erickson, and the district court (Chief Judge Barbara B. Crabb) denied WDC’s Rule 50 motion for judgment as a matter of law after concluding that “the evidence was sufficient to support the jury’s verdict that [WDC’s] agents knew of a significant risk of serious harassment, were in a position to take remedial action and failed to act to prevent the sexual harassment from occurring.” WDC has appealed the denial of its Rule 50 motion.

We review de novo the district court’s denial of WDC’s motion for judgment as a matter of law. Appelbaum v. Milwaukee Metro. Sewerage Dist., 340 F.3d 573, 578 (7th Cir.2003); Filipovich v. K & R Express Sys., 391 F.3d 859, 863 (7th Cir.2004). We view the facts, however, in the light most favorable to Erickson. Molnar v. Booth, 229 F.3d 593, 597 (7th Cir.2000). We must determine “whether the evidence presented, combined with all reasonable inferences permissibly drawn therefrom, is sufficient to support the verdict when viewed in the light most favorable to the party against whom the motion is directed.” Mack v. Great Dane Trailers, 308 F.3d 776, 780 (7th Cir.2002) (citations omitted). We will overturn the verdict only if no reasonable jury could have found in Erickson’s favor. Millbrook v. IBP, Inc., 280 F.3d 1169, 1173 (7th Cir.2002).

*602 Erickson started working for WDC in 1996. She was a payroll and benefits specialist at WCCS between July 2001 and December 2001 (she had worked intermittently for WCCS for approximately 4 years prior to that time). In December 1997, Erickson successfully completed training sponsored by WDC regarding interactions between inmates and nonsecurity employees. The 3-day training stressed that male inmates often fantasized about female employees and that employees should take care not to be too friendly with inmates at the facility. WDC implemented this training in part because it understood the increased risk that male inmates posed to female employees. WCCS supervisors also testified at trial that they understood that “increased vigilance” of an employee by an inmate was a sign that an inmate might be planning to harm the employee.

Erickson worked long hours at her payroll and benefits position at WCCS. Her supervisors gave her permission to work flexible hours in order to complete her heavy workload. Erickson’s supervisors also authorized her to work in the WCCS offices after 4:30 p.m., and Erickson often did. The doors to the WCCS offices were typically locked at 4:30 p.m. OCC, which housed the male inmates, was located directly across the hall from the WCCS offices. Most of the employees in the WCCS office where Erickson worked were female. The WCCS offices were off-limits to OCC inmates — except those few who had specific authority to be there.

One way for an inmate to get authorization to be in the WCCS office was to be assigned to work duty there. Inmates performed certain jobs at WDC, including the job of janitor at the WCCS offices. Inmate janitors did typical janitor sorts of things like emptying waste baskets and vacuuming floors. Because they had contact with nonsecurity employees at WCCS, OCC reviewed an inmate’s file first to determine if a particular inmate should get the job. When OCC considered Jonathan Spicer for the job, his file contained certain pieces of negative information. For example, OCC often put inmates on work release as part of their rehabilitation program in order to help reintegrate them back into the community. Spicer had been put on work release but lost that status when he committed a major violation of work release rules: he was AWOL for 3 hours from an assigned workplace in February of 2001. Spicer was classified as a high-risk inmate as of December of 2001, and at least one social worker concluded that he only be put back in a work-release situation where he could be “closely monitored.” The parole board denied Spicer’s parole application in July of 2001 because he was an “unreasonable risk to the community.” But many inmates probably have a certain amount of negative baggage, so OCC apparently thought Spicer was qualified for the inmate janitor position after it completed a review of his file. Spicer worked as an inmate janitor for around 7 weeks. His job ended, as we will see, on December 28, 2001.

Although OCC had no specific policy preventing inmate janitors from being in the WCCS offices after 4:30 p.m., Erickson does not recall ever seeing an inmate in or near her workspace after hours before Spi-cer appeared there on December 20, 2001. A coworker of Erickson also testified that Spicer typically completed his job between 10 and 11 a.m. and that when she saw Spicer in the WCCS offices on December 28 at 4:35 p.m., it struck her as very unusual. Andrea Bambrough, Human Resources Director, had never, before December 28, 2001, seen inmate janitors in the WCCS offices after 4:30 p.m.

*603 On December 20, Erickson was at her cubicle in the WCCS offices finishing up her work for the day. Her supervisors had invited her earlier that day to an after-work party at a local bar, Hack’s, for some “Christmas cheer.” Some time between 4:45 p.m. and 5:15 p.m., Erickson, who thought she was alone in the office, turned around to find Spicer “fiddling with a vacuum” and looking back and forth between her and the vacuum in a way that made her very uncomfortable. Erickson testified about her shock at seeing Spicer there:

I was, you know, working at my desk trying to finish up some things because I had the next day off as vacation ... but I needed to check something in somebody’s file or something and I turned around in my chair and that is when I became aware that I wasn’t alone like I thought I was. That there was an inmate there just looking like he was trying to look busy with a vacuum, and it really freaked me out. It scared me because as far as I understood, I never should have been left alone with an inmate. And I mean it’s like he was — I felt like he was stalking me because he was looking at me and then would kind of look down a minute, too, and I didn’t know, you know, what he had on his mind or anything. And I could remember from the training that they had talked about these prisoners and inmates fantasizing and I was scared. All I could think of was getting out of there.

Erickson immediately got out of her chair and told Spicer she had to leave to meet some friends. She left her desk in disarray, pointed Spicer out of the door, locked the door herself, and left.

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Bluebook (online)
469 F.3d 600, 88 Empl. Prac. Dec. (CCH) 42,601, 2006 U.S. App. LEXIS 28125, 99 Fair Empl. Prac. Cas. (BNA) 334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/georgia-erickson-v-wisconsin-department-of-corrections-ca7-2006.