Russell v. Russel Motor Cars Inc.

28 F. Supp. 3d 414, 2014 WL 2772252, 2014 U.S. Dist. LEXIS 82876
CourtDistrict Court, D. Maryland
DecidedJune 18, 2014
DocketCivil Case No. PWG-13-2756
StatusPublished
Cited by10 cases

This text of 28 F. Supp. 3d 414 (Russell v. Russel Motor Cars Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Russell v. Russel Motor Cars Inc., 28 F. Supp. 3d 414, 2014 WL 2772252, 2014 U.S. Dist. LEXIS 82876 (D. Md. 2014).

Opinion

MEMORANDUM OPINION

PAUL W. GRIMM, District Judge.

Viola Russell, acting pro se, alleges claims for Title VII hostile work environment and retaliation, negligent hiring, supervision, and retention, and intentional infliction of emotional distress against her former employer, an auto dealership, and her supervisors arising out of a protracted pattern of sexual harassment. Defendants have moved to dismiss on the grounds that the Title VII claims brought by Plaintiff cannot be brought against individual defendants and that Title VII violations cannot give rise to negligent hiring, supervision, or retention liability. I agree and grant the motions to dismiss all Title VII claims as against the individual Defendants. However, because I find that Plaintiff has stated a valid claim for intentional infliction of emotional distress against the alleged primary harasser, I deny his motion to dismiss, in part.1

I. BACKGROUND

For purposes of considering Defendants’ motions, this Court accepts the facts that Plaintiff alleged in her pro se Complaint as true. See Aziz v. Alcolac, 658 F.3d 388, [416]*416390 (4th Cir.2011). Further, “[t]his Court is required to construe pro se pleadings liberally. Such pleadings are held to a less stringent standard than those drafted by attorneys. This Court is charged with liberally construing a pleading filed by a pro se litigant to allow for the development of a potentially meritorious claim.” Harmon v. LaManna, No. 6:06-1143-GRA-WMC, 2007 WL 781651, at *1 (D.S.C. Mar. 13, 2007) (citing Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972); Gordon v. Leeke, 574 F.2d 1147, 1151 (4th Cir.1978)).

Plaintiff Viola Russell, a former employee of Defendant Russel Motor Cars Inc. (“Motor Cars”), alleges that she was subjected to a hostile work environment as a result of a protracted series of sexually explicit and otherwise inappropriate and harassing comments arid behavior by Defendant Dwayne Butler, who was a General Sales Manager for Motor Cars. Compl., ECF No. 1. According to Plaintiff, Butler’s behavior began at her job interview on November 20, 2012, when Butler “ ‘insisted’ ” that she remove her coat “ ‘[i]f you want this job,’ ” and then insulted her suit. Compl. 2. Also at that interview, Butler asked if Russell was married and, upon learning that she was not, told her, “ ‘Good, because I do not like to hire women with husbands, I hate seeing them making a lot of money for their man to take.’ ” Id.

While working at Motor Cars, Russell alleges a number of inappropriate comments made by Butler. In February of 2013, Butler called Russell into his office and asked her “ ‘If [she had] always been built this way”’ clarifying that he was “ ‘talking about [her] breast and [her] ass.’ ” Id. At a meeting a few days later, Butler made a comment about the size of his. genitals. Id. Butler did not refer to female co-workers by their name, but called them “sweetie, baby, darling, sunshine, gorgeous, etc.” Id. at 3. Russell also alleges that Butler “told me and most of the women he interviewed after I was hired that ‘He is our Daddy, and we all BELONG to him.’ ” Id. at 2. Butler threatened to have Russell fired if she reported Butler to Defendant Gregg Ry-land,' the general manager of Motor Cars. Id. at 2. According to Russell, Ryland observed and was aware of Butler’s behavior and did not take any action in response. Id. at 3.

In March 2013, Russell alleges that a coworker told her that Butler “said negative thing[s] about me (I will elaborate if needed). He actually slandered my name and defamed my character.” Id. Russell also alleges that Butler falsely accused her of having an affair with another Motor Cars employee, but it is not clear whether anybody besides Russell heard the accusation. Id. at 5. Russell discussed Butler’s conduct with him and alleges that her compensation was changed shortly thereafter, retroactive to the beginning of February. Id. at 2.

On March 22, 2013, Russell attempted to discuss Butler’s behavior with Motor Cars’ management, but was rebuffed. Id. at 4. The next day, another Motor Cars employee, May Fariss, came into Russell’s office and told her not to speak to anybody about Butler’s behavior because Butler had learned that Russell reported him and was angry. Id. On Tuesday, March 26, 2013, Butler called Russell into his office and confronted her about her attempts to speak to management about his conduct. Id. It is not entirely clear, but the Com-plaint seems to allege that Ryland was present in Butler’s office and, shortly after Russell arrived, Butler made a joke about oral sex. Id. at 5.

As a result of Butler’s behavior, Russell alleges:

[417]*417I was left feeling offended, exasperated, hassled, threatened, intimidated, upset, angry, belittled, sick, exhausted, annoyed, withdrawn, tired most of the time, stressed, and constant headaches. I also began to suffer from depression, lost 10 pounds because I could not eat, nor get a good night sleep for months, so I went to see my doctor, (Debra Apperson) who again suggested that I speak to Personnel, and Dr. Deshay who prescribed me Lorazepam. My home life was shattered because I came home upset and tensed every night. All I did was fret about the situation. My daughter was in the 12th grade, and between the prom and graduation, I could not afford to quit, so I had to endure the pain of it all. I finally resigned the day she graduated from school....

Id. at 6. It does not appear that the reduction in Russell’s salary ever was addressed. See Compl.

Sometime before May 21, 2013, Russell filed a claim in the Equal Employment Opportunity Commission (“EEOC”), Letter from EEOC (May 21, 2013), Compl. Ex., ECF No. 1-1. On June 25, 2013, the EEOC sent Russell a notice stating that it was unable to conclude that she had established statutory violations and informing her of her right to sue. EEOC Dismissal and Notice of Suit Rights, Compl. Ex., ECF No. 1-1. On September 18, 2013, Russell filed her complaint in this Court against Motor Cars as well as Butler, Herd, and Ryland (collectively, the “Individual Defendants”). Compl. The Complaint purports to state two counts, one for “sexual harassment” and one for “negligent hiring, supervision and retention,” but it also contains myriad factual allegations, some of which appear to suggest alternative claims, some of which seem to be important to Russell, but do not appear to relate to any legally cognizable cause of action. Compl.

On November 25, 2013, Defendant Butler filed a Motion to Dismiss (“Butler’s Mot. to Dismiss”), ECF No. 7, and accompanying Memorandum (“Butler Dismiss Mem.”), ECF No. 7-1. Russell filed an Opposition (“PL’s Butler Opp’n”), ECF No. 22, and Butler replied (“Butler Dismiss Reply”), ECF No. 24. On December 27, Defendants Motor Cars, Ryland, and Herd also filed a Motion to Dismiss (“Defs.’ Mot. to Dismiss”), ECF No. 20. Plaintiff filed an Opposition (“Pl.’s Dismiss Opp’n”), ECF No. 28, and Defendants replied, ECF. No. 29.

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28 F. Supp. 3d 414, 2014 WL 2772252, 2014 U.S. Dist. LEXIS 82876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russell-v-russel-motor-cars-inc-mdd-2014.