Mosby-Grant v. City of Hagerstown

630 F.3d 326, 2010 U.S. App. LEXIS 25850, 94 Empl. Prac. Dec. (CCH) 44,063, 111 Fair Empl. Prac. Cas. (BNA) 51, 2010 WL 5151617
CourtCourt of Appeals for the Fourth Circuit
DecidedDecember 20, 2010
Docket09-2161
StatusPublished
Cited by78 cases

This text of 630 F.3d 326 (Mosby-Grant v. City of Hagerstown) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mosby-Grant v. City of Hagerstown, 630 F.3d 326, 2010 U.S. App. LEXIS 25850, 94 Empl. Prac. Dec. (CCH) 44,063, 111 Fair Empl. Prac. Cas. (BNA) 51, 2010 WL 5151617 (4th Cir. 2010).

Opinions

OPINION

GREGORY, Circuit Judge:

Tiffany Mosby-Grant, an African American female and former recruit enrolled at the Western Maryland Police Academy . (hereinafter the “Academy”), sued the City of Hagerstown (hereinafter the “City”) alleging violations of Title VII of the Civil Rights Act of 1964. 42 U.S.C. § 2000e-2(d). Mosby-Grant brought separate race and sex claims alleging that her instructors and classmates at the Academy created a hostile work environment. The district court awarded summary judgment to the City. After considering MosbyGrant’s appeal, we reverse the grant of summary judgment on her sexual harassment claim. However, we affirm the grant of summary judgment on her race claim.

I.

A.

Mosby-Grant, the plaintiff-appellant, was enrolled in the Academy from January 9, 2006 until May 25, 2006. The Academy provides training to individuals seeking employment as law enforcement officers, and is operated by the Hagerstown Police Department (“HPD”). The HPD is an organ of the City, the defendant-appellee.

Students enroll in the Academy in one of two ways. Sponsored students are provisionally hired by a local police department pending their successful completion of the Academy’s curriculum. The sponsoring police department pays the tuition of its sponsored students. Unsponsored students voluntarily enroll in the Academy and have not yet been hired by any law enforcement agency. These students are responsible for paying their own tuition. Mosby-Grant was an unsponsored student and responsible for her own tuition while at the Academy.

Mosby-Grant had also begun the formal process of applying to become an HPD officer, passing an initial examination and participating in an interview. If she had passed her firearms qualification test, the City would have hired her. Ex. 3 (Kline Aff. ¶ 12), Defi’s Mem. Supp. Summ. J., Mosby-Grant v. City of Hagerstown, No. 1:07-cv-01940 (Aug. 20, 2007).1

[329]*329Mosby-Grant started at the Academy with sixteen other recruits, all of whom were male. One of the other male recruits was bi-racial, partially of African American descent. All of the other recruits were white. For reasons unrelated to this case, one of the white male recruits withdrew during the first week.

In the three years prior to MosbyGrant’s enrollment at the Academy, only four women and no African Americans were enrolled. Between 2003 and 2006, there have only been two African American instructors at the Academy, out of a total of more than 100 instructors. There has never been an African American female instructor. Lieutenant Margaret Kline, a white female and the current Director of the Academy, admitted that the Academy is not very diverse. However, as noted above, the Academy itself had no control over the enrollment.

During Mosby-Grant’s first two weeks at the Academy, the recruits were told that they would have to pass a firearms test on qualification day in order to graduate. Around that time, recruits also attended sexual harassment training. Lieutenant Kline gave a presentation about the unfortunate history of sexual harassment at the Academy, and efforts by the Academy to prevent future harassment.

Until her final few weeks, Mosby-Grant had excelled academically at the Academy. Nonetheless, throughout the training course, Mosby-Grant was exposed to a number of serious instances of harassment by her peers and instructors. MosbyGrant claims that this harassment led her to abandon the HPD’s application process, and contributed to her failure to pass the final firearms qualification test.

B.

Because Mosby-Grant was the non-movant in the summary judgment proceedings, we recite the following specific facts and examples that Mosby-Grant claims establish the existence of a hostile work environment at the Academy in the light most favorable to her. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

While at the Academy, Mosby-Grant felt isolated by her peers on account of her sex. For example, Mosby-Grant often had trouble finding training partners when the Academy required one and felt shunned by her cohorts. She was unpopular amongst her peers because of her disinterest in participating in their “juvenile behavior,” including some of the behavior described below, and her refusal to “gossip about people.” Joint Appendix (“J.A.”) 357.

Mosby-Grant once overheard a white male recruit tell the biracial recruit, “[wjhere I’m from, people like you are strung up from a flagpole.” J.A. 313-14. The white male recruit also made a comment about the biracial recruit “being dragged from the back of a truck.” J.A. 317. Mosby-Grant did not hear what prompted the comments, and they were not directed at her.

Mosby-Grant immediately confronted the white recruit about the nature of his comments, and he apologized. When the two spoke again later in the day, MosbyGrant explained how the comments had surprised and offended her. He apologized again, and told Mosby-Grant that he and the other recruit had been joking. Mosby-Grant had never heard him make any racially insensitive comments about [330]*330African Americans in the past. She also never heard the recruit or anyone else at the Academy make any other inappropriate remarks about African Americans.

Mosby-Grant heard recruits use other racially charged remarks, including the terms “honky” and “cracker.” J.A. 284, 313, 318-19. Specifically, Mosby-Grant heard another recruit refer to singer Britney Spears as “white trash” and “ghetto.” J.A. 284. In addition to expressing to Lieutenant Kline her general sense of the difficult environment at the Academy, Mosby-Grant mentioned the comments about Britney Spears to Lieutenant Kline.

On at least two occasions, she also heard a recruit derogatorily refer to other recruits and passersby as “fucking Mexicans.” J.A. 318-20. She does not recall whether instructors ever heard these particular comments, or whether she ever reported them.

Mosby-Grant had a minor altercation with a white male recruit while training. During an exercise drill, Mosby-Grant and the recruit reached for a ball that they were both instructed to retrieve. MosbyGrant grabbed the ball first, but the recruit snatched it from her. Mosby-Grant sought to grab the ball back from the recruit and, in the ensuing struggle, he bumped Mosby-Grant and scratched her wrist. Mosby-Grant yelled at the recruit to “calm down.” J.A. 363. The male recruit was told by the instructors to sit out the rest of the exercise. It is not clear whether Mosby-Grant ever spoke to Lieutenant Kline about this incident.

Mosby-Grant heard the word “bitch” used by male instructors and other recruits on at least ten occasions over the course of her almost five months of training. J.A. 325. One day in the classroom, Detective Carl Hook used the word to describe a woman on the street. While recalling a moment where Hook and Mos-by-Grant bumped into one another during a training exercise, Hook used the term to describe Mosby-Grant herself. Detective Hook began “I saw her, and it was like this bitch” and then continued the story. J.A. 329. Although uncomfortable with the comments, Mosby-Grant did not discuss it with Lieutenant Kline.

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630 F.3d 326, 2010 U.S. App. LEXIS 25850, 94 Empl. Prac. Dec. (CCH) 44,063, 111 Fair Empl. Prac. Cas. (BNA) 51, 2010 WL 5151617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mosby-grant-v-city-of-hagerstown-ca4-2010.