Mitchell v. Hutchings

116 F.R.D. 481, 44 Fair Empl. Prac. Cas. (BNA) 615, 8 Fed. R. Serv. 3d 398, 1987 U.S. Dist. LEXIS 6584, 44 Empl. Prac. Dec. (CCH) 37,427
CourtDistrict Court, D. Utah
DecidedMay 15, 1987
DocketCiv. No. C-86-834W
StatusPublished
Cited by18 cases

This text of 116 F.R.D. 481 (Mitchell v. Hutchings) is published on Counsel Stack Legal Research, covering District Court, D. Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mitchell v. Hutchings, 116 F.R.D. 481, 44 Fair Empl. Prac. Cas. (BNA) 615, 8 Fed. R. Serv. 3d 398, 1987 U.S. Dist. LEXIS 6584, 44 Empl. Prac. Dec. (CCH) 37,427 (D. Utah 1987).

Opinion

MEMORANDUM DECISION AND ORDER

WINDER, District Judge.

This matter is before the court on plaintiffs J. Lynn Mitchell’s, Tiffany Musser’s and Wendy Weston’s motion to quash deposition subpoenas. In the alternative plaintiffs request that the court issue a protective order limiting the scope of examination in those depositions. The motion was opposed by defendants Carl Joseph Hutchings and the City of St. George. This matter was argued orally on May 12, 1987. L. Zane Gill represented the plaintiffs. Allan L. Larson represented the defendant City of St. George and Carman E. Kipp represented defendant Hutchings. Following oral argument the court took this matter under advisement. After considering the arguments of counsel, the memoranda and the relevant authority the court now renders the following decision and order.

[483]*483I.

Background

Plaintiffs filed a complaint alleging a violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, claiming that defendant Hutchings sexually harassed plaintiffs. Plaintiffs also pled a pendant claim for intentional infliction of emotional distress.

Defendants have noticed up the depositions of several people that defendants allege are privy to information relevant to these proceedings. Three of the deponents are alleged to have had personal relationships with the plaintiffs.1 Another deponent, David Heaton, is a photographer who has allegedly taken sexually suggestive pictures of one or more of the plaintiffs. Defendants contend that some of these pictures were displayed at the St. George police station. Defendants also wish to depose Mark Barklacich, a St. George police officer, who is alleged to have been held down by other police officers while one of the plaintiffs fondled him. The final deponent, Sheldon Prestwich, is a psychologist who has been treating one of the plaintiffs for emotional disturbances allegedly caused by defendant Hutchings’ actions.

Defendants argue that the information sought from these witnesses is material and relevant to these proceedings for several reasons. First, defendants argue that plaintiffs’ cause of action for intentional infliction of emotional distress requires an inquiry into the degree of emotional distress suffered by plaintiffs. Defendants argue that sexually promiscuous plaintiffs would not be as distressed by unwanted sexual advances as would plaintiffs who are less sexually active. Second, defendants argue that this same inquiry is relevant to plaintiffs’ damages. Defendants note that plaintiffs have retained their jobs, meaning at most only non-economic psychological damages can be recovered. Thus, defendants reason, the degree of emotional distress suffered by plaintiffs is also relevant to their damages. Third, defendants note that evidence of the sexual atmosphere at plaintiffs’ workplace has a bearing on Hutchings’ possible defense that he considered his conduct to be welcomed by the plaintiffs. Fourth, defendants argue evidence of sexual activity is admissible under Fed.R.Evid. 406 as evidence of “habit.”

Plaintiffs contend that defendants’ inquiries are calculated to annoy, embarrass and oppress the plaintiffs by inquiring into private sexual matters of no relevance to these proceedings. Plaintiffs also contend that the information sought constitutes inadmissible character evidence under Rule 404(a) of the Federal Rules of Evidence.

II.

Analysis

The instant motion has been brought before any questions have been put to the specific witnesses. As such, the court is in a position of only fashioning broad guidelines for discovery in this case. Despite this limitation, the court is of the opinion that much of the information sought by the defendants is wholly irrelevant to the issues in this litigation and beyond the scope of discovery.

Under the Federal Rules of Civil Procedure, discovery in civil cases is generally broad. The rules authorize discovery of all information that is relevant or “reasonably calculated to lead to the discovery of admissible evidence.” Fed.R.Civ.P. 26(b)(1). Broad discovery has been coupled, however, with an array of protective orders designed to prevent discovery from being used as a tool of oppression rather than as a legitimate inquiry into relevant issues. Fed.R.Civ.P. 26(c).

In the instant case, the focus of inquiry is on the relevance of the deponents’ testimony. If the evidence sought is not relevant, and thus inadmissible, and it does not appear that the evidence sought will lead to evidence that is admissible, [484]*484then the court can properly limit discovery. Since sexual activity is very private and personal, this legal question assumes an important role in sexual harassment cases. See L. Krieger & C. Fox, Evidentiary Issues in Sexual Harassment Litigation, 1 Berkeley Women’s L.J. 115 (1985). Because the evidence sought may have a bearing on the Title VII claim, on the emotional distress claim, on character evidence and on damages, the court will review what it considers to be the bounds of relevant testimony in each of these areas.

A. Sexual Harassment Claim

In Meritor Savings Bank v. Vinson, 477 U.S. 57, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986), after holding that the gravamen of a sexual harassment claim is whether the sexual advances were “unwelcome”, as opposed to “voluntary”, the United States Supreme Court briefly addresses the issue of appropriate evidence in these cases. The Supreme Court reversed the appellate court’s determination that the plaintiff’s “dress and personal fantasies ... had no place in the litigation.” The court noted that a complainant’s sexually provocative speech or dress is relevant in determining whether the sexual advances were welcome. Id. 106 S.Ct. at 2407. The Supreme Court cites with approval EEOC guidelines which emphasize that sexual harassment claims must be evaluated from “the record as a whole” and the “totality of circumstances such as the nature of the sexual advances and the context in which the alleged incidents occurred.” Id. (quoting 29 C.F.R. § 1604.11(b) (1985).

In the instant case, evidence relating to the work environment where the alleged sexual harassment took place is obviously relevant, if such conduct was known to defendant Hutchings. This evidence can establish the context of the relationship between plaintiffs and Hutchings and may have a bearing on what conduct Hutchings thought was welcome. At the same time, evidence of sexual conduct which is remote in time or place to plaintiffs’ working environment is irrelevant.

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Bluebook (online)
116 F.R.D. 481, 44 Fair Empl. Prac. Cas. (BNA) 615, 8 Fed. R. Serv. 3d 398, 1987 U.S. Dist. LEXIS 6584, 44 Empl. Prac. Dec. (CCH) 37,427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-hutchings-utd-1987.