Heywood v. Buckley

34 Mass. L. Rptr. 161
CourtMassachusetts Superior Court, Suffolk County
DecidedMarch 28, 2017
DocketNo. SUCV201603146A
StatusPublished

This text of 34 Mass. L. Rptr. 161 (Heywood v. Buckley) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court, Suffolk County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heywood v. Buckley, 34 Mass. L. Rptr. 161 (Mass. Super. Ct. 2017).

Opinion

Leibensperger, Edward P., J.

Plaintiff, Daralyn Heywood, flies this action against defendants, Kevin Buckley and the Massachusetts State Police (MSP), claiming sexual harassment and retaliation in violation of G.L.c. 15IB, §4. Buckley and MSP separately move to dismiss Heywood’s Complaint in its entirety pursuant to Mass.R.Civ.P. 12(b)(6). For the reasons stated below, defendants’ motions to dismiss are denied.

BACKGROUND

The facts as alleged in the Complaint are as follows.

Heywood is a female Sergeant with MSP. Heywood has worked for MSP for twenty-three years. She received outstanding observation reports and employment evaluations. Buckley is a male Lieutenant with MSP, commander of the Yarmouth barracks (beginning in September 2014), and Heywood’s direct supervisor.

Heywood worked closely with Buckley at MSP, handled the daily tasks of administration within the barracks, and supervised the day shift. In 2014, Buckley gave Heywood an outstanding employment evaluation.

Soon after arriving at the Yarmouth barracks, Buckley began to initiate personal and highly inappropriate conversations with Heywood during work hours. Buckley told Heywood that he was having an extramarital affair with another female MSP Sergeant. On several occasions, Buckley discussed explicit details of his sexual encounters with his mistress. He also told Heywood about the intimate sexual deficiencies in his marriage. These conversations made Heywood extremely uncomfortable.

Heywood experienced Buckley’s continuous attempts to talk about his sexual endeavors as a sexual advance towards her. Heywood initially attempted to end the sexual conversations by simply telling Buckley that the subject matter was inappropriate. The offensive conversations continued.

Sometime in May 2015, Buckley told Heywood that he planned to end his affair with the other female MSP Sergeant. Buckley also told Heywood that his mistress was jealous of Heywood and she threatened to disclose the details of his affair to his wife. At this point, Heywood informed Buckley that she did not want to get involved with his personal problems and she would no longer tolerate discussions concerning his sex life or his affair.

Shortly thereafter, Heywood began to suffer adverse employment actions in retaliation for rejecting Buckley’s sexual conduct. Buckley began to unfairly and openly criticize Heywood’s work and to overturn her supervisory decisions, which caused tension within the barracks. Buckley’s conduct created an intimidating and hostile work environment for Heywood and interfered with her ability to do her job.

In August 2015, as an alleged act of retaliation, Buckley transferred Heywood from the day shift, where she worked for approximately one year, to the midnight shift. Thereafter, Buckley began to openly criticize the midnight shift via e-mail. The open criticism of the shift, which Heywood supervised, caused junior officers under her supervision to question Buckley’s motivations and to undermine her authority as a supervisor. Buckley cancelled days off for officers under Heywood’s supervision that she previously approved, undermining Heywood’s authority. In addition, Buckley denied Heywood opportunities to attend training.

On December 16, 2015, Buckley and Heywood met with a MSP Captain, where to Heywood’s surprise, Buckley aggressively criticized her work. Heywood did not have prior notice of the meeting and thus, did not have a union representative present. At the meeting, Heywood requested an immediate transfer out of the Yarmouth barracks to remove herself from Buckley’s supervision. Heywood’s request was denied. She was told that she would have to remain at the Yarmouth barracks for an additional sixty days. In fact, however, Heywood was never transferred from the Yarmouth barracks.

On December 28, 2015, Heywood filed a formal internal complaint alleging sexual harassment and retaliation even though she feared additional retaliation for reporting Buckley.

After filing the internal complaint, many MSP officers ostracized her. In February 2016, someone placed a sign in a stairwell of the Yarmouth barracks that read, “DO YOUR JOB — TEAMWORK—BE SAFE.” The slogan was derived from an e-mail that Buckley sent [162]*162to the entire barracks, which openly criticized Heywood’s shift.

MSP conducted an investigation of Heywood’s allegations against Buckley, discussed above. The Harassment Investigation Unit conducted the investigation and never referred the complaint to Internal Affairs. Heywood believes that the investigation was intended to cover up Buckley’s misconduct.

During the investigation, the Harassment Investigation Unit requested an interview with a female sergeant to whom Heywood disclosed, in confidence, the details of Buckley’s misconduct. Upon arriving at the interview, someone told the female sergeant witness that she was subject to discipline for failing to report Buckley’s misconduct. The witness was subsequently transferred to the midnight shift. According to Heywood, this was witness intimidation and a further example of MSP’s failure adequately to investigate Heywood’s allegations. Moreover, the investigator failed to interview key witnesses and chose to omit key facts from the report. The investigation resulted in a finding of “not sustained” with regard to Heywood’s complaint for sexual harassment and “exonerated” with regard to the retaliation claim.

On May 11, 2016, Heywood filed claims for sexual harassment and retaliation against Buckley and MSP with the Massachusetts Commission Against Discrimination (MCAD) pursuant to G.L.c. 151B.

On October 13, 2016, Heywood filed this action in the Superior Court. Count I is a claim for sexual harassment pursuant to G.L.c. 15IB, §4 against Buckley and MSP. Heywood alleges that Buckley sexually harassed her by subjecting her to unwanted conduct of a sexual nature. This conduct unreasonably interfered with Heywood’s employment at MSP by creating an intimidating, hostile, humiliating, and sexually offensive work environment. As a result, Heywood suffered adverse employment actions, loss of enjoyment of life, emotional distress, and other damages.

Count II is a claim for retaliation pursuant to G.L.c. 15 IB, §4 against Buckley and MSP. Heywood alleges that she engaged in various protected activities when she opposed practices forbidden under G.L.c. 151B. Moreover, Heywood asserts that the defendants subjected her to adverse employment actions and retaliation, along with continuous and ongoing harassment, which created a continued and sustained hostile work environment.

ANALYSIS

To survive a motion to dismiss, the plaintiffs “(f]actual allegations must be enough to raise a right to relief above the speculative level. .. [based] on the assumption that all the allegations in the complaint are true (even if doubtful in fact)...” Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), citing Bell Atl. Corp. v. Twombly, 127 S.Ct. 1955, 1964-65 (2007). In other words, “(w]hile a complaint attacked by a . . . motion to dismiss does not need detailed factual allegations ... a plaintiffs obligation to provide the ‘grounds’ of his ‘entitle[ment] to relief requires more than labels and conclusions . . .” Iannacchino, 451 Mass. at 636, quoting Bell Atl. Corp., 127 S.Ct. at 1966. Dismissal under Mass.R.Civ.P.

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Bluebook (online)
34 Mass. L. Rptr. 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heywood-v-buckley-masssuperctsuff-2017.