Jamie McCurdy v. Arkansas State Police, State of Arkansas

375 F.3d 762, 2004 WL 1636429
CourtCourt of Appeals for the Eighth Circuit
DecidedSeptember 7, 2004
Docket03-3058
StatusPublished
Cited by33 cases

This text of 375 F.3d 762 (Jamie McCurdy v. Arkansas State Police, State of Arkansas) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jamie McCurdy v. Arkansas State Police, State of Arkansas, 375 F.3d 762, 2004 WL 1636429 (8th Cir. 2004).

Opinions

RILEY, Circuit Judge.

This case asks whether an employer is strictly liable for a single incident of supervisor sexual harassment.2 Jamie [764]*764McCurdy (McCurdy), an employee of the Arkansas State Police, sued the State of Arkansas and the Arkansas State Police (collectively ASP), alleging the ASP should be vicariously liable under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(l) (2000), for the alleged sexual harassment perpetrated against McCurdy by her supervisor on one occasion over a one-hour period. The district court concluded the ASP’s prompt remedial response to McCurdy’s sexual harassment allegation shielded the ASP from liability: “Where an employer receives an allegation of sexual harassment, and the employer was not previously on notice of the alleged harasser’s prior like-conduct or propensity to act, and the employer promptly insulates the complainant from further harassment and promptly investi-gat[es] the allegations, the employer is entitled to a judgment as a matter of law. Surely this is what Title VII expects of employers.”

Accordingly, the district court granted summary judgment in the ASP’s favor. McCurdy appeals. Concluding the district court correctly interpreted and applied Title VII and Supreme Court precedent to a case involving a single incident of supervisor sexual harassment, we affirm.

I. BACKGROUND

On April 28, 2002, McCurdy began her employment with the ASP as a radio dispatcher in Little Rock, Arkansas. Upon her employment, McCurdy received a copy of the Non-Commissioned Personnel Manual. This manual contains a section prohibiting sexual harassment, which informs employees about the ASP’s anti-harassment policy, prohibited activities, employee’s responsibilities, and how to complain about harassment in the workplace. McCurdy was assigned to work the evening shift, which ran from 3:00 p.m. to 11:00 p.m. McCurdy’s immediate supervisor did not work the evening shift with McCurdy.

Viewing the evidence in the light most favorable to McCurdy, we glean the following events. On Friday, July 5, 2002, McCurdy worked the evening shift in the ASP Communications Center (Center) with Operators Jeanne Hill (Hill), a female, and Tracy Wilson (Wilson), a male. Several hours into McCurdy’s shift, Sergeant Daryl Hall (Sergeant Hall) entered the Center while only McCurdy and Wilson were present. Hill was in another room at that time. McCurdy alleges Sergeant Hall walked into the Center and immediately “cupped, touched, brushed against [McCurdy’s] left breast.” McCur-dy states she “rejected the sexual advances.” When she asked Sergeant Hall what he was doing, he responded, “Oh, stop it. You have a hole in your shirt.” When McCurdy looked down at her shirt, Sergeant Hall said, “Stop looking at your tits.”

Sergeant Hall then sat down and asked McCurdy where her uniform was, to which she responded it was Friday. Sergeant Hall replied, “Well, if I was the Chief, your uniform would be panties and a tank top.” McCurdy did not respond. At about this time Hill reentered the Center. At some point, Sergeant Hall positioned his chair next to McCurdy, and then played with and twirled McCurdy’s hair. He also asked McCurdy if she “had any black” in her. McCurdy told him her dad is Italian. After McCurdy and Sergeant Hall talked about dispatch duties, McCurdy left the Center to smoke a cigarette. Before McCurdy left the Center, she gave her cellular telephone number to Hill, asking Hill to call her if Sergeant Hall left. [765]*765McCurdy then called Hill and “kind of briefed her on what had happened,” informing Hill she was not returning while Sergeant Hall was in the Center. After ten or fifteen minutes outside, Trooper James Reid (Trooper Reid) arrived, and McCurdy and Trooper Reid went into the Center, knowing Sergeant Hall was still inside.

At that point, McCurdy, Trooper Reid, Wilson, Hill and Sergeant Hall were in the Center. Sergeant Hall then told McCurdy she has “a really sexy voice on the radio. You kind of turn me on.” As Sergeant Hall prepared to leave, he hugged McCur-dy and Hill. McCurdy contends Sergeant Hall was in the Center “about an hour.” After Sergeant Hall left the Center, McCurdy, Hill and Wilson spent about three hours discussing whether McCurdy should report the incident.3

McCurdy decided to report Sergeant Hall’s behavior, and called Sergeant Shawn Garner (Sergeant Garner), the highest ranking person on duty. When Sergeant Garner arrived around 9:00 p.m., McCurdy told him about Sergeant Hall’s conduct. Sergeant Garner called his supervisor, Lieutenant Gloria Weakland (Lieutenant Weakland), at home to notify her about McCurdy’s allegations. Lieutenant Weakland “told Garner to ensure that McCurdy and Hall had no contact for the remainder of the weekend.” Because McCurdy’s shift was ending at 11:00 p.m., and she was not scheduled to work until the following Tuesday, Sergeant Garner assured Lieutenant Weakland that McCur-dy would have no contact with Sergeant Hall.

When Lieutenant Weakland arrived at work on Monday, July 8, she informed her supervisor, Captain Carl Kirkland (Captain Kirkland), of McCurdy’s allegations. That same day, Captain Kirkland and Lieutenant Weakland interviewed Trooper Reid, Hill, Wilson, Sergeant Hall and McCurdy. Monday was McCurdy’s day off, but she still reported to work to talk to Captain Kirkland and Lieutenant Weak-land about the allegations. Over the weekend, McCurdy had contacted an attorney, and brought him to work on Monday to meet with ASP management. Wanting to ensure Sergeant Hall and McCurdy did not have contact with each other, Captain Kirkland and Lieutenant Weakland instructed McCurdy’s supervisor to assign McCurdy radio duties so she would have no radio contact with Sergeant Hall while he was on patrol.

Instead of conducting their own internal investigation, Captain Kirkland and Lieutenant Weakland reported the allegations to the Special Investigations Unit (a.k.a., Internal Affairs). On July 10, Lieutenant Nathaniel Jackson (Lieutenant Jackson), the officer in charge of the Special Investigations Unit, was assigned to investigate McCurdy’s complaints against Sergeant Hall. Also on July 10, McCurdy submitted to Captain Kirkland a two-page memorandum explaining the July 5 incident. On [766]*766July 11, McCurdy submitted a Police-Citizen Complaint Form.4 Lieutenant Jackson investigated McCurdy’s complaint and delivered a written report to Captain Kirkland on August 5, 2002. In his report, Lieutenant Jackson concluded Sergeant Hall had violated the ASP’s Workplace Harassment Policy. On August 5, Captain Kirkland reviewed Lieutenant Jackson’s investigative report, and concurred that Sergeant Hall had violated the ASP’s Workplace Harassment Policy. Captain Kirkland also concluded Sergeant Hall had violated other ASP Rules of Conduct regarding coarse language and gestures, insubordination, and improper conduct. In an August 5 memorandum to Major J.R. Howard (Major Howard), Division Commander, Captain Kirkland reported these findings, recommending “Sergeant [HJall be demoted to the rank of Corporal, ... seek counseling for his sexually harassing behavior, and ... be placed on one year probation with his actions closely monitored by the command staff.” Captain Kirkland also informed Major Howard that Sergeant Hall had been reassigned from his patrol duties to a daytime desk position so he would have no contact with McCur-dy-

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Cite This Page — Counsel Stack

Bluebook (online)
375 F.3d 762, 2004 WL 1636429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jamie-mccurdy-v-arkansas-state-police-state-of-arkansas-ca8-2004.