Morris v. Baton Rouge City Constable's Office

299 F. Supp. 3d 773
CourtDistrict Court, M.D. Louisiana
DecidedMarch 13, 2018
DocketCIVIL ACTION NO. 15–00562–SDD–RLB
StatusPublished
Cited by2 cases

This text of 299 F. Supp. 3d 773 (Morris v. Baton Rouge City Constable's Office) is published on Counsel Stack Legal Research, covering District Court, M.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morris v. Baton Rouge City Constable's Office, 299 F. Supp. 3d 773 (M.D. La. 2018).

Opinion

JUDGE SHELLY D. DICK, UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF LOUISIANA

Before the Court is a Motion for Summary Judgment filed on behalf of the Defendant, the Baton Rouge City Constable's Office.1 Plaintiff, Deborah Morris, has filed an Opposition to which the Defendant has filed a Reply.2 The Court's jurisdiction exists pursuant to 28 U.S.C. § 1331. Oral argument is unnecessary. For the following reasons, the Motion shall be granted in part and denied in part.

I. FACTUAL AND PROCEDURAL BACKGROUND

Deborah Morris ("Morris" or "Plaintiff") is a female deputy constable who has worked for the Baton Rouge City Constable's Office ("Constable's Office" or "Defendant") for approximately eight years.3 From 2010 until 2016, Morris was assigned to Court Security.4 Her regular duties included working the security line at the entrance of Baton Rouge City Court ("City Court").5 Occasionally Morris was stationed in a courtroom to provide security.6 For a period of time Morris was also stationed at the Department of Motor Vehicle branch ("DMV") located on the third floor of the City Court to provide security.7

Initially, Morris and her immediate supervisor, Sergeant Alvin Jackson ("Jackson"), had a good working and personal relationship.8 For instance, Jackson accommodated Morris' work schedule because she was a single parent to enable her in facilitating her childcare needs.9 Morris was allowed to report for duty at 8:00am, instead of the regular 7:30am start time.10

Plaintiff contends their relationship became hostile after she declined Jackson's *777unwelcome sexual advances.11 According to Morris, shortly after she was assigned to Court Security in May of 2010, Jackson invited her to go to lunch with him.12 Jackson brought Morris to his home for lunch, explaining that he invited every new deputy in his division to his home for lunch.13 While touring his home, Jackson told Morris: "If you push me back against the wall, I'll have to fight you back."14 Morris also attests that Jackson would repeatedly call her into his office and instruct her to close the door.15 Eventually, Morris claims that she confronted Jackson explaining that "his actions towards [her] were inappropriate and disrespectful."16 In response, Morris believes that Jackson began to treat her differently than her colleagues.17

Morris contends that Jackson monitored her behavior, specifically her arrival time and the amount of time she spent at lunch, more closely than her male coworkers.18 Deputy Mark Hinson ("Hinson") testified that Jackson kept an eye on everyone, but seemed to focus on Morris' arrival and departure times.19 Morris also claims that Jackson told her she needed to wear "Depends ... because [she took] too many restroom breaks."20 Morris further attested to the fact that Jackson began denying her "coveted job assignments, overtime, transfers, vacation time, and leave."21 Instead, Jackson assigned her to the "most undesirable division" in Court Security-the DMV.22 According to Morris, Jackson also told her fellow colleagues to "stay away from [her]" and not to speak to her.23

Morris asserts that Jackson's mistreatment of her affected how her co-workers treated her.24 For instance, Morris' co-workers teased her about her hair when she dyed it and "it came out a little redder than she wanted."25 Her co-workers also teased her about her appearance by telling her that she looked like a Tasmanian devil.26 Corporal Thomas Flynn ("Flynn") also raised his voice at Morris in a way that offended her.27 On February 22, 2013, Morris filed a Letter of Complaint with Jackson in which she complained about Flynn's mistreatment.28 According to Morris, Flynn "raised his voice at [her] in a disrespectful manner" in front of others on at least three occasions, and was making every attempt to require her to work the "walk through metal detector because it is believed to be the least liked work area in the front lobby."29 Morris submitted a Grievance Letter to Jackson dated August 16, 2013 in which she complained about working in a hostile working environment.

*77830 She specifically complained of Flynn's use of a loud and disrespectful tone towards her on August 13, 2013, and claimed that he routinely abused his authority.31 Morris also stated that she felt ostracized as the only female in the division.32

Jackson disputes Morris' contentions and asserts that he treated Morris more favorably than the male deputies, and he claims that she was never denied access to extra duty or overtime assignments.33 Jackson also asserted that he has no control over transfers or reassignments.34 According to Jackson, all deputy constables that reported to him were monitored equally and required to "properly and accurately sign in on a timesheet when they arrive for work, leave and return from lunch, and leave for the day."35 Pursuant to the time management directive of the Constable's Office, all deputies assigned to Courtroom/Building Security were to report to front door security each morning and sign-in, all deputies were to sign-in and sign-out for lunch breaks, and no deputy could leave or abandon her post without being properly relieved,36 Morris signed and acknowledged the receipt of the foregoing directives on October 8, 2012.37

Jackson contends that "from a performance perspective, Deborah Morris is an employee that must be managed actively."38 It is undisputed that Morris had a history of back-dating her arrival times, and forward dating her departure times.39 Morris has been disciplined and counseled on her attendance for arriving late to work.40 It is also undisputed that Jackson discovered Morris asleep on the job at varying posts.41 As a result, Morris was reassigned to a post in a public area.42

On June 12, 2014, Morris was placed on administrative leave with pay pending the outcome of an investigation into whether Morris had violated Constable's Office Policy.43 The results of an Internal Affairs' investigation revealed that on June 12, 2014, Morris had violated Constable's Office policy by pursuing an individual in her personal vehicle.44

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Bluebook (online)
299 F. Supp. 3d 773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-baton-rouge-city-constables-office-lamd-2018.