karen walters lawsuit
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AO 4-10 (Rev. 02,09) Summons in a Civil Action
United States District Courtfor the
Middle District of North Carolina ^i-Lfcj VjH,D
KAREN A. WALTERS x ^£0 2 4 2012
Gty Oak's (MosCivil Action No. 1:12-CV-178
Defendant
SUMMONS IN A CIVIL ACTION
To: (Defendant's name andaddress)City of Greensboro, North Carolina, c/o City ManagerMelvin Municipal Office Bldg., 300 W. Washington St.Greensboro, NC 27401
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12(a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,whose name and address are:
Robert M. Elliot
Elliot Pishko Morgan PA426 Old Salem Road
Winston-Salem NC 27101
(336) 724-2828
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.You also must file your answer or motion with the court.
John S. Brubaker \.4v <~•* (&/ February 22. 2012Clerk -\^rc-r*t^y Date
/s/ Jamie SheetsDeputy Clerk
Co-1 Uiuncmr
AO 440 (Rev.02/09) Summonsin a Civil Action (Page2)
Civil Action No. 1:12-CV-178
PROOF OF SERVICE
(Thissectionshould not befiled with the courtunlessrequired by Fed. R. Civ. P. 4 (I))
This summons for (name ofindividual and title, ifany)
was received by me on (date)
Date:
O I personally served the summons on the individual at (place)
on (date) ; or
O I left the summons at the individual's residence or usual place of abode with (name)
, a person ofsuitable age and discretion who resides there,
on (date) , and mailed a copy to the individual's last known address; or
O I served the summons on (name ofindividual) , who is
designated by law to accept service of process on behalfofframe oforgantaiion)
on (date) ; or
G I returned the summons unexecuted because ; or
O Other (specify):
My fees are S for travel and S for services, for a total of $ o.OO
I declare under penalty of perjury that this information is true.
Server's signature
Printed name and title
Server's address
Additional information regarding attempted service, etc:
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
1:12-CV-178
KAREN A. WALTERS,
Plaintiff,
v.
CITY OF GREENSBORO,
NORTH CAROLINA,
Defendant.
COMPLAINT
The plaintiff, Karen A. Walters, complaining of defendant, alleges the
following:
ACTION
1. Plaintiff, a certified law enforcement officer and a lieutenant employed
by the Greensboro Police Department, a department of the City of Greensboro,
institutes this action to address sex discrimination and retaliation against plaintiff as
a result of her reports of and opposition to discriminatory practices in the workplace
in the course of her employment with the Greensboro Police Department. Because
plaintiff has spoken out against such practices, she has been subjected to severe
damages to her reputation and career.
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JURISDICTION AND VENUE
2. Plaintiff alleges violations ofTitle VII of the Civil Rights Act of 1964,
as amendedby the Equal Employment Opportunity Act of 1972,42 U.S.C. § 2000e
et seq.; and violations of plaintiffs rights under the United States Constitution
pursuant to 42 U.S.C. § 1983.
3. Jurisdiction of this Court is invoked pursuant to 42 U.S.C. §
2000e-5(f)(3); 42 U.S.C. § 1983; and 28 U.S.C. § 1331.
4. The unlawful practices alleged below were committed within the
Middle District of the State of North Carolina, and venue is therefore proper in this
Court pursuant to 28 U.S.C. § 1391 and 42 U.S.C. § 2000e-5(f)(3).
PARTIES
5. The plaintiff, Karen A. Walters, is a female citizen of the United States
and a resident of Guilford County, North Carolina. At all times pertinent to this
action, plaintiff was an "employee" within the meaning of42 U.S.C. § 2000e(f).
6. The defendant City of Greensboro ("City") is a municipal corporation
established pursuant to N.C. Gen. Stat. § 160A-1, et. seq., as defined and described
in N.C. Gen. Stat. § 160A-11. In the exercise of its statutory powers, defendant
City has established and operates the Greensboro Police Department ("GPD") as a
department of the City. At all times relevant to this action, defendant City acted
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through its managers and policymakers, including its Chief of Police and City
Manager; and the acts, edicts, and practices of these persons represent the official
policies of defendant City. At all times relevant to this action, defendantCity was
the "employer" of the plaintiff within the meaning and definition of 42 U.S.C. §
2000e(b), and a "person" within the meaning and definition of 42 U.S.C. § 1983.
FACTS
7. Plaintiff is a law enforcement officer, and has been certified by the
State ofNorth Carolina since 1986.
8. Plaintiffwas initially employed by defendant City on June 1,1988, as a
patrol officer.
9. Plaintiff excelled in her performance and, prior to the events which led
to this action, was promoted to Police Officer II in 1989; corporal in 1999; and
sergeant in 2002.
10. On July 1, 2007, plaintiff was promoted to the position of lieutenant.
In this position plaintiff was responsible for the direction and control of the
personnel within her division to ensure the proper performance of duties and
adherence to established rules, regulations, policies and procedures. As lieutenant,
plaintiffwas also responsible for assuming command of the division in the absence
of her captain/commanding officer.
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11. In her position as lieutenant, plaintiff has served in the criminal
investigations division, and the patrol division of the GPD.
12. At all times plaintiff has excelled in her performance as a lieutenant,
and has met or exceeded any reasonable expectations ofdefendant.
13. As a result of her performance, plaintiff has received periodic merit
raises, excellent reviews, and commendations for her work.
Plaintiffs Reports of Hostile Work Environment
14. From December, 2007, to June, 2008, plaintiff worked under and
reported to a male captain of the GPD. The captain is referred to below as "her
captain" or "plaintiffs captain" during the time ofher assignment to his division, or
as "plaintiffs 2007-2008 Captain" thereafter.
15. During this period, plaintiff continued to perform at the highest level in
carrying out her responsibilities to GPD.
16. Plaintiffs captain was abusive and aggressive towards plaintiff, and
treated her in an extremely condescending manner because she was a female.
17. Specifically, during this period her captain engaged in lengthy verbal
tirades and diatribes against plaintiff; wrote lengthy demeaning e-mails to plaintiff;
demanded that plaintiff treat some officers under her supervision in a favorable
manner; and publically berated plaintiff in front ofother officers.
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18. At times during her captain's most aggressive tirades, plaintiff feared
for her physical safety.
19. Plaintiff attempted to address the problems through direct
communication with her captain, but was unsuccessful.
20. When plaintiff complained about her captain's sexually discriminatory
conduct, she was initially told by her superiors that she should "go along" with it,
rather than complaining.
21. In or about March, 2008, Interim Chief Tim Bellamy was promoted to
Chief of the GPD.
22. Plaintiff raised issues concerning her captain's discriminatory conduct
with Chief Bellamy, and requested transfer to another division.
23. In response, Chief Bellamy informed plaintiff that she could be
transferred only if she accepted a demotion. Plaintiff refused demotion.
24. The conduct of plaintiffs captain, as described above, created a
sexually hostile work environment which was offensive and abusive towards
plaintiff and other women.
25. As a direct result of her captain's treatment, plaintiff was severely
distressed, and her health was threatened.
26. Finally, in June, 2008, plaintiff was transferred out of her captain's
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division as a result of her continued reports of his abusive, aggressive, and
threatening conduct.
27. Plaintiff was transferred to the patrol division as a watch commander.
As watch commander, plaintiff coordinated and supervised the delivery of police
services throughout the entire city.
28. Plaintiff continued to exceed all performance standards in carrying out
her duties.
29. Following her transfer, plaintiffs 2007-2008 Captain continued to
harass plaintiff.
30. On or about July 18, 2008, plaintiffs 2007-2008 Captain delivered to
plaintiffa lengthy multi-page evaluation of her performance for the year in which
she had served under his command. The evaluation was untrue, unfair and
extremely demeaning.
31. The evaluation of plaintiff by plaintiffs 2007-2008 Captain was the
only evaluation she had received as a lieutenant with GPD thathad been lower than
"Outstanding" (Level V) or "ExceedsExpectations" (Level IV).
32. Plaintiff appealed her evaluation by plaintiffs 2007-2008 Captain, and
raised issues concerning the continuing hostile work environment caused by the
discriminatory conduct ofplaintiffs 2007-2008 Captain.
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33. Ultimately, plaintiff was successful in demonstrating that the
evaluation by plaintiffs 2007-2008 Captain concerning her performance was unfair,
and did not reflect her performance, and the evaluation was overturned. In its
place, an Assistant Chiefevaluated her at Level IV, "Exceeds Expectations," which
more accurately reflected her performance for the 2007-2008 year.
34. Although plaintiff prevailed on her appeal of the evaluation, the GPD
failed to expunge the evaluation from her personnel file, and failed to commit to
correcting the hostile work environment that had been created by plaintiffs
2007-2008 Captain, and tolerated by ChiefBellamy.
35. Thereafter, plaintiffs 2007-2008 Captain continued harassing plaintiff
through personal confrontations and e-mails.
36. Consequently, on or about September 22, 2008, because her efforts for
corrective actionhad been unsuccessful, plaintiff filed a grievance ("Grievance") to
defendant City's HumanResources (HR) Department concerning the evaluation by
plaintiffs 2007-2008 Captain and the failure of the GPD to expunge it, and the
failure of the GPD to take corrective action to address sex discrimination in the
workplace. Plaintiffrequested an investigation and immediate corrective action so
that neither she nor other female employeeswould have to endure the hostile work
environment created and perpetuated by plaintiffs 2007-2008 Captain and the GPD.
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37. On or about September 25, 2008, plaintiff met with defendant City's
officials. At this meeting, the City Human Resources (HR) employee assigned to
the GPD informed all present that plaintiff had presented evidence ofa hostile work
environment.
38. Plaintiffs reports ofplaintiffs 2007-2008 Captain's conduct were also
referred to the Internal Affairs (IA) Department for investigation.
39. Plaintiffpursued her Grievance and complaints through the appropriate
channels according to defendant City's procedures in order to raise the awareness
and consciousness of City and GPD officials of significant problems within the
GPD.
40. Plaintiff was subsequently advised that a full investigation had been
conducted concerning the conduct of plaintiffs 2007-2008 Captain, and that the
findings of the investigators had been submitted to Chief Bellamy.
41. Over the next several months, plaintiff repeatedly requested that she be
provided a copy of the findings of her Grievance in accordance with the grievance
procedure.
42. Plaintiff was informed on one occasion that the Grievance had been
lost.
43. Plaintiff was advised by various defendant City officials, including an
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Assistant City Manager, that in the interest of her career and promotion potential
with GPD, she should withdraw or cease her pursuit ofher Grievance.
44. Plaintiffwas described by defendant City officials as a "troublemaker,"
and by other epithets because she pursued her Grievance and the IA complaint
concerning the sexually discriminatory conduct and environment of the GPD.
First Application for Promotion to Captain
45. As of February, 2009, there were approximately 13 captains in the
GPD, 11 of whom were male, and 2 of whom were female.
46. At or prior to that time, Chief Bellamy notified members of the
department that the GPD would be filling positions of captain, and that current
lieutenants could apply for the positions pursuant to the promotion policy then in
place.
47. Thepromotion policy in effect at that time pertaining to the promotion
of lieutenant to captain ("Promotion Policy #1") provided that applicants for
promotion were required to have two years of service as lieutenants; that applicants
would be required to go through an assessment, at the conclusion of which each
applicant would be ranked according to the applicant's performance during the
assessment; that the "Rule ofFive" would prevail, requiring that the Chief ofPolice
would make the next five promotions to captain from the first five candidates on the
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list (firstband), andthat theirpriority in this regard wouldcontinue for the following
two years (or thereafter, until the next assessment); and that candidates from the
second five (second band) could not be selected until the first five had been
promoted; and that upon each vacancy ofthe position ofcaptain, the GPD would fill
the vacancy within 90 days.
48. Plaintiff applied for the position of captain pursuant to Promotion
Policy # 1, and completed the required assessment on or about February 16,2009.
49. On or about February 19, 2009, plaintiff learned that she had ranked
fourth in the field of 13 applicants.
50. The other four applicants in the top five performers of the promotional
test were male officers.
51. On about February 24,2009, Chief Bellamy ofthe GPD announced that
three male officers who had ranked in the top three among the top five performers of
thepromotional testwerebeing promoted to theposition of captain, effective March
16,2009.
52. Under Promotion Policy #1, plaintiff and one other lieutenant, a male
officer who ranked behind plaintiff in the number five spot, were eligible and had
priority to move into anyopencaptain positions forthenext twoyears, or thereafter,
until the next assessment.
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53. On January 11, 2010, plaintiff, along with others, received notice that
the number five ranked candidate had been promoted to captain, effective February
1,2010.
54. Plaintiff was denied promotion to the position of captain at that time.
55. Plaintiff was better qualified for promotion to captain than the male
applicants promoted from February 2009, to February 1, 2010.
56. Upon information and belief, as of February 1, 2010, the effective date
of the last promotion, the GPD still had 13 captains, 11 ofwhom were male, and 2 of
whom were female.
Plaintiffs Continuing Actions Concerning Hostile Work Environment
57. On or about February 8, 2010, plaintiff had direct discussions with the
City Manager's Office regarding the continued issues of sexually discriminatory
behavior and retaliation within the GPD.
58. Plaintiffprovided the Assistant City Manager with facts and documents
concerning her Grievance and continuing concerns of the sexually hostile work
environment within the GPD.
59. On or about February 17,2010, after repeated requests for findings and
other information regarding her Grievance, plaintiff received a memorandum,
prepared on February 17, 2010, regarding the September 25, 2008 meeting in which
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defendant City acknowledged the hostile work environment created by plaintiffs
2007-2008 Captain and the GPD.
60. On or about March 25, 2010, after delivering a letter to the Assistant
City Manager documenting their earlier discussions, plaintiff was advised by the
manager that she should stop pursuing the issues or her career with the GPD would
be over.
61. In May, 2010, plaintiffs 2007-2008 Captain was relieved of his duties
as captain of the GPD.
62. Although plaintiff was entitled to priority for any positions of captain
under the above policy, following the departure of plaintiffs 2007-2008 Captain, a
male lieutenant was assigned as "acting captain" over his division.
63. On or about July 9, 2010, plaintiff filed a Charge of Discrimination
with the Equal Employment Opportunity Commission (EEOC), Charge No.
435-2010-00727 ("EEOC Charge # 1") in its Greensboro Regional Office.
64. Plaintiff charged in EEOC Charge # 1 that she had been denied
promotion to captain because of her sex, and in retaliation for opposing and raising
issues concerning sex discrimination and the hostile work environment, in violation
ofTitle VII, 42 U.S.C. § 2000e-2 and -3.
65. In or about July, 2010, Chief Bellamy retired.
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66. On or about August 4, 2010, plaintiffs 2007-2008 Captain was
terminated by the GPD.
Second Application for Promotion to Captain
67. As of August, 2010, there were one or more open positions of captain
that had not been filled although plaintiff had priority for the positions under
Promotion Policy # 1.
68. Previously, on or about January 11,2010, lieutenants were notified that
the new 2010 Interactive Assessment Exercise for the rank of captain would be
offered on September 20-24, 2010.
69. On January 23-24, 2010, plaintiff declared her intent to participate in
thepromotional process for the rank of captain, and to undergo testingon September
20, 2010, although such testing should not have been necessary given her priority
ranking under Promotion Policy # 1.
70. However, on or about August 25, 2010, the promotion process
scheduled for September, 2010, was suspended and the orientation and testing was
cancelled.
71. Effective September 1, 2010, Chief Ken Miller was hired as the new
Chief of Police of the GPD.
72. On or about September 6, 2010, Chief Miller discussed the
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environment and conditions of the GPD while riding in a police vehicle with
plaintiff.
73. During the discussion, plaintiff informed ChiefMiller that she had filed
EEOC Charge # 1 seeking corrective action by defendant City to eliminate
discrimination in the GPD workplace.
74. Chief Miller informed plaintiff that he did not approve of her action of
going outside the GPD to raise the issues concerning her discriminatory treatment,
and asked ifshe would drop the charge.
75. Plaintiff responded that she could not withdraw her charge until the
issues surrounding the denial of her promotion, general sex discrimination and the
hostile work environment within the GPD, were addressed and resolved.
76. On or about December 15, 2010, Chief Miller announced that new
promotions to the position of captain would be made by the end ofJanuary, 2011.
77. On or about January 7, 2011, Chief Miller announced that a new
promotional procedure ("Promotion Policy # 2") would thereafter govern
promotions to the position of captain.
78. Promotion Policy # 2 removed the eligibility requirement that required
service as a lieutenant for two years as a condition of eligibility for promotion to
captain, and permitted all lieutenants to test, regardless of seniority.
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79. Promotion Policy # 2 eliminated the Rule of Five under Promotion
Policy # 1, which gave priority to candidates who had tested in the top five
applicants in the previous testing.
80. Consequently, plaintiff was deprived of her priority which she had
earned as a result of her ranking within the top five performers under the previous
testing.
81. Promotion Policy # 2 required a written test, an oral test, a peer
assessment and "input" of the assistant chiefs.
82. The testing under Promotion Policy # 2 was subjective, and was not
job-related, either by design or by result.
83. Promotion Policy # 2 provided that Chief Miller would have sole
discretion in the selection of positions, and that any appeal of the decision would be
decided by Chief Miller.
84. Prior to the testing for promotions to the position of captain, it was
known in the GPD that one of the two female captains was retiring in the Spring of
2011. In order to fill her position immediately, Chief Miller directed (through an
assistant chief) that she give noticeof her retirement earlier than she had anticipated.
The female captain complied and ultimately retired, effectiveMay 1, 2011.
85. Plaintiffwas one of 10 applicants for the open positions ofcaptain, 6 of
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whom were male, and 4 of whom were female.
86. Plaintiff performed well on all phases of the performance tests under
Chief Miller's Promotion Policy # 2.
87. On or about February 11, 2011, Chief Miller announced that 3
applicants had been selected for promotion to the position of captain, all of whom
were male officers.
88. Accordingly, plaintiff was again denied promotion to the position of
captain.
89. Two of the individuals promoted to the position of captain were male
officers who had scored in the second band of testing in 2009, ranked 6 through 10,
behind plaintiff, who had ranked in the top band.
90. The third officer promoted to the position of captain was a male
candidate who had been a lieutenant for less than two years, and would have been
ineligible for the position under Promotion Policy # 1.
91. Plaintiff was better qualified for promotion to captain than the male
applicants promoted in February, 2011.
92. On or about March 9, 2011, plaintiff filed her second Charge of
Discrimination with the EEOC, ChargeNo. 435-2011-00360 ("EEOC Charge # 2")
in its Greensboro Regional Office.
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93. Plaintiff charged in EEOC Charge # 2 that she had been denied
promotion to captain because ofher sex, and in retaliation for her complaints of sex
discrimination, and her filing of EEOC Charge # 1, in violation of Title VII, 42
U.S.C. § 2000e-2 and -3.
94. Upon information and belief, following the effective date of the
promotions and after the female captain's retirement, effective May 1, 2011, there
were 13 captains within the GPD, only one ofwhom was female.
95. Upon information and belief, a female has not been promoted to the
position of captain in the GPD since April, 2007.
Additional Facts
96. As described above, the conduct of plaintiffs 2007-2008 Captain was
severe and pervasive, and created an abusive and hostile work environment,
permeated withdiscrimination, which detrimentally andmaterially altered plaintiffs
conditions ofemployment, and disrupted the performance of her job.
97. From December, 2008, to the present, plaintiff has engaged in
protected activity within the meaning of Title VII, and under the Constitution, by
complaining and reporting to defendant City's managers concerning sex
discrimination in the workplace.
98. Plaintiff engaged in protected activity within the meaning of Title VII,
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and under the Constitution, by filing Charges of Discrimination with the EEOC.
99. At all times pertinent to this action, defendant City, including its
managers and its Chief of Police, was responsible for the hiring, training,
supervision, discipline, and retention of the City's officers; and was further
responsible for enforcing policies, regulations and rules to insure that its employees
complied with the laws of the State of North Carolina and of the United States.
100. During the time period pertinent to this action, defendant City,
including its managers and Chief of Police to whom it had delegated such duties,
failed to carry out their official responsibilities and duties, as follows:
a. In failing to establish reasonable policies and to take reasonable
precautions in the hiring, promotion and retention ofofficers, including
specifically plaintiffs 2007-2008 Captain;
b. In failing to train or instruct its managers, Chief of Police and other
employees who had demonstrated a discriminatory animus;
c. In failing to supervise its managers, Chief of Police and other
employees who had demonstrated a discriminatory animus;
d. In creating and permitting the continuation ofa hostile work
environment in which plaintiffs work performance was disrupted;
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e. In retaliating against plaintiff for her reports and complaints of
discrimination in the GPD workplace and her requests for assistance
and protection;
f. In ratifying, condoning and acquiescing in the discriminatory and
retaliatory actions of the managers, Chief of Police and other
employees;
g. In failing to takepromptcorrective and/ordisciplinary actionto address
discrimination in the GPD workplace; and
h. In other acts and omissions.
101. Upon information and belief, theabuse towhich plaintiffwassubjected
was consistent with a custom, policy, pattern and practice of the GPD of gender
discrimination in its promotional practices, and retaliation against those who have
raised issues concerning gender discrimination, including plaintiff; and the
defendant City was deliberately indifferent to the repeated violations of the civil and
constitutional rights of plaintiff and other employees who were subjected to
unlawful discrimination in the GPD workplace.
102. At all times pertinent to this action, with respect to the decisions made
and actions taken regarding plaintiff, Chief Bellamy and Chief Miller were each
acting under color of state law and authority, within the scope of his employment
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with defendant, and in furtherance ofhis employer's business.
103. At all times pertinent to this action, defendant City condoned,
acquiesced in, and ratified the discriminatory conduct of the GPD and its officers,
and acted with gross and deliberate indifference to plaintiffs rights to work in an
environment free ofsexual discrimination.
104. At all times pertinent to this action, Chief Bellamy or Chief Miller,
respectively, was the highest decisionmaker with respect to employees of the GPD,
and was responsible for providing and implementing lawful policies concerning
promotions within the GPD.
105. Defendant City failed to provide fair and adequate procedures for
promotions.
106. Defendant City failed to provide fair and adequate procedures for
grievances and/or failed to follow its established policies, procedures, and directives
regarding grievances and complaints.
107. Defendant City failed to monitor and supervise the Chief of GPD with
respect to his obligations to provide a policy of promotions free from sex
discrimination and retaliation for reporting the sexually hostile work environment of
the GPD.
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ADMINISTRATIVE PROCEDURES
108. As alleged above, on or about July 9, 2010, plaintiff filed a Charge of
Discrimination and Retaliation (EEOC Charge # 1) with the Equal Employment
Opportunity Commission in its Greensboro Area Office in Greensboro, North
Carolina. The plaintiffs EEOC Charge # 1 alleged that defendants had engaged in
unlawful sex and race discrimination, and retaliation against plaintiff in the denial of
her promotion in February, 2010, and in subjecting plaintiff to a hostile work
environment.
109. On or about March 7, 2011, plaintiff filed a Charge of Discrimination
and Retaliation (EEOC Charge # 2) with the Equal Employment Opportunity
Commission in its Greensboro Area Office in Greensboro, North Carolina. The
plaintiffs EEOC Charge # 2 alleged that defendant had engaged in unlawful sex
discrimination and retaliation against plaintiff in the denial of her promotion in
February, 2011.
110. On January24,2012, the United StatesDepartment ofJustice issued its
Notices of Right to Sue on plaintiffs EEOC Charge #1 and EEOC Charge # 2,
which plaintiffreceived thereafter. Each notice provides that plaintiffhas 90 days
from her receiptofthe notice to file legal actionon her federal civil rights claims for
sex discrimination and retaliation pursuant to 42 U.S.C. § 2000e-5(f).
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111. Plaintiff has complied with all procedural prerequisites to filing this
action.
FmST CLAIM FOR RELIEF
Title VII Claim for Sex Discrimination and Retaliation
112. Plaintiff hereby incorporates the foregoing paragraphs, as if fully set
out herein.
113. The defendant City has committed acts and followed policies and
practices which discriminated against plaintiff because of her sex, and retaliated
against plaintiff because of her opposition to sex discrimination and a hostile work
environment, in violation of42 U.S.C. §§ 2000e-2 and 2000e-3.
114. Specifically, defendant City, through the GPD, discriminated and
retaliated against plaintiff as follows:
a. In creating and permitting a sexually hostile work environment in
which plaintiffwas required to work;
b. In repeatedly denyingplaintiffa promotion to the position of captain;
c. In its pattern and practice of discrimination of women in the GPD,
including plaintiff;
d. In retaliating against plaintiff for her opposition to and complaints of
sex discrimination in promotions and a hostile work environment; and
e. In other acts of sex discrimination and retaliation against plaintiff.
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115. As a proximate result of defendant City's violations of plaintiffs civil
rights, plaintiffhas suffered damages, including loss of income and benefits; mental
anguish and emotional distress; embarrassment and humiliation; loss of quality and
enjoyment of life; loss of reputation; and other damages to be proven at trial.
Plaintiff is entitled to recover her compensatory damages pursuant to 42 U.S.C. §§
1981a and 2000e-5.
116. Plaintiff is entitled to an immediate promotion to the position of
captain; and other equitable relief as necessary to remedy the effects of defendant
City's pattern and practice of sex discrimination against plaintiff and other female
employees of the GPD, and to protect plaintiff and other female employees from
future violations of their rights.
SECOND CLAIM FOR RELIEF
42 U.S.C. § 1983 Violation—Equal Protection
117. Plaintiff hereby incorporates the foregoing paragraphs, as if fully set
forth herein.
118. In the discriminatory and retaliatory treatment of plaintiff, Chief
Bellamy and Chief Miller, respectively, each acting under color of state and local
law, denied to plaintiff her Constitutional right to equal protection of the law, to be
free from sex discrimination and retaliation, as guaranteed by the Fourteenth
Amendment to the United States Constitution, and other provisions offederal law, in
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violation of42 U.S.C. §1983.
119. Specifically, defendant City, through the GPD, discriminated and
retaliated against plaintiff as follows:
a. In creating and permitting a sexually hostile work environment in
which plaintiff was required to work;
b. In repeatedly denying plaintiff a promotion to the position of captain;
c. In its pattern and practice of discrimination of women in the GPD,
including plaintiff;
d. In retaliating against plaintiff for her opposition to and complaints of
sex discrimination in promotions and a hostile work environment; and
e. In other acts of sex discrimination and retaliation against plaintiff.
120. Defendant is liable for the violation of plaintiffs Constitutional rights
on the grounds that the violations arose from the defendant City's official action,
policy or custom in condoning and failing to address sex discrimination within the
GPD; from the actions and omissions of the Chief of Police of the GPD and top
officials of the defendant City, the final decisionmaking authorities concerning
policies and practices of the GPD; from the defendant City's failure to train and
supervise the Chief of Police of the GPD with respect to sex discrimination; and
from the defendant City's deliberate indifference to sex discrimination occurring
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Case 1:12-cv-00178 Document 1 Filed 02/21/12 Paae 24 of 28
within the GPD.
121. As a proximate result of defendant's violations of plaintiffs
Constitutional rights, plaintiff has suffered damages, including loss of income and
benefits; mental anguish and emotional distress; embarrassment and humiliation;
loss of quality and enjoyment of life; loss of reputation; and other damages to be
proven at trial. Plaintiff is entitled to recover her compensatory damages pursuant
to 42 U.S.C. §§ 1981a.
122. Plaintiff is entitled to immediate promotion to the position of captain;
and other equitable relief as necessary to remedy the effects of defendant City's
pattern and practice of sex discrimination against plaintiff and other female
employees of the GPD, and to protect plaintiff and other female employees from
future violations of their rights.
THIRD CLAIM FOR RELIEF
42 U.S.C. § 1983 Violation—First Amendment
123. Plaintiff hereby incorporates the foregoing paragraphs, as if fully set
forth herein.
124. Issues of sex discrimination are a matter of public concern to the
citizens of the City of Greensboro.
125. In her reports of sex discrimination and a sexually hostile work
environment, plaintiff exercised her right to free speechunder the First Amendment
25
Case 1:12-cv-00178 Document 1 Filed 02/21/12 Paae 25 of 28
to the United States Constitution, reporting on matters and issues of public concern
to the citizens of defendant City.
126. Chief Bellamy and Chief Miller, respectively, each acting under color
of state and local law, retaliated against plaintiff for her exercise of her First
Amendment rights to free speech in violation of42 U.S.C. § 1983.
127. Defendant City is liable for the violation of plaintiffs Constitutional
rights on the grounds that the violations arose from the defendant City's official
action, policy or custom in condoning and failing to address sex discrimination
within the GPD; from the actions and omissions of the Chief of Police of the GPD
and top officials of defendant City, the final decisionmaking authorities concerning
policies and practices of the GPD; from the defendant City's failure to train and
supervise the Chief of Police of the GPD with respect to sex discrimination; and
from the defendant City's deliberate indifference to sex discrimination occurring
within the GPD.
128. As a proximate result of defendant City's violations of plaintiffs
Constitutional right to free speech, plaintiffhas suffered damages, including loss of
income and benefits; mental anguish and emotional distress; embarrassment and
humiliation; loss of quality and enjoyment of life; loss of reputation; and other
damages to be proven at trial. Plaintiff is entitled to recover her compensatory
26
Case1:12-cv-00178 Document 1 Filed 02/21/12 Paae 26 of 28
damages pursuant to 42 U.S.C. §§ 1981a.
129. Plaintiff is entitled to immediate promotion to the position of captain,
and other equitable relief as necessary to remedy the effects of defendant City's
pattern and practice of sex discrimination against plaintiff and other female
employees of the GPD, and to protect plaintiff and other female employees from
future violations of their rights.
REQUEST FOR RELIEF
WHEREFORE, plaintiffhereby requests that this Court provide the following
relief:
A. A declaratory judgment that the acts, practices and policies of
defendant City were in violation of Title VII of the Civil Rights Act of
1964, as amended, and the Constitution of the United States;
B. An injunction requiring the immediate promotion of plaintiff to the
position of captain of the GPD, with salary increases, benefits and
seniority, retroactive to February 2010;
C. A permanent injunction enjoining defendant City, its officers, agents,
employees, and all ofthose acting in concert with defendant City and at
its direction, from continuing to engage in the unlawful and
discriminatory policies, acts and practices complained ofherein;
27
Case1:12-cv-00178 Document 1 Filed 02/21/12 Paae 27 of 28
D. Compensatory damages in an amount in excess of$100,000;
E. Pre-judgment and post-judgment interest on all amounts awarded in
this action;
F. The costs of this action, including reasonable attorneys' fees as
provided by 42 U.S.C. § 2000e-5(k) and 42 U.S.C. § 1988; and
G. Such other and further relief as the Court deems just and proper.
JURY DEMAND
Plaintiffhereby demands a trial by jury with respect to all issues raised herein.
This the 21st day of February, 2012.
/s/Robert M. ElliotRobert M. Elliot
N.C. Bar No. 7709
ELLIOT PISHKO MORGAN, P.A.Winston-Salem, North Carolina 27101Telephone: (336) 724-2828Fax No. (336) [email protected]
28
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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
Re: Case 1:12CV178
NOTICE OF RIGHT TO CONSENT
TO THE EXERCISE OF CIVIL JURISDICTION
BY A MAGISTRATE JUDGE
Your attention is invited to Title 28 U.S.C. § 636(c).
You are hereby notified that if all parties to a civil case consent, the United States
magistrate judges of this district court, in addition to their other duties, may conduct a trial
pursuant to 28 U.S.C. § 636(c)(1) and order the entry of a final judgment.
Your decision to consent, or not to consent, to the referral of your case to a United
States magistrate judge for trial and entry ofa finaljudgment must be entirely voluntary. The
judge or magistrate judge to whom the case has been assigned will not be informed ofyour
decision unless all parties agree that the case may be referred to a magistrate judge for these
specific purposes. A less than unanimous decision will not be communicated by my office
to either the judge or magistrate judge.
Copies of the form for the "Consent to Proceed Before a United States Magistrate
Judge" are available from my office.
February 22. 2012
Date
/s/ John S. BrubakerJOHN S. BRUBAKER, Clerk of Court
Case 1:12-cv-00178 Document 3 Filed 02/22/12 Paae 1 of 1
December 14,2011 US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINAMEDIATOR LIST
NAME & CONTACT INFORMATION EXPERTISE AREAS
PAGE1
VITAE
W. Thad Adams, IIIAdams, Evans, P.A.Suite 2350 Charlotte Plaza201 South College PlazaCharlotte, NC 28244704-375-9249
Copyright, Patent, Trademark
Anne Micheaux Akwari
A.M. Akwari, LLC4420 Farrington RoadDurham, NC 27707(919)201-4555
Contract, Tort
Benjamin Spence Albright101 Weatherly SquareRamseur, NC 23716(336) 824-4802
contract, tort, property rights, environmental yes
Clyde B. Albright5635 North Church St.Greensboro, NC 27455(336)643-1220
contract, tort, labor, property rights, environmental no
Albert P. Allan
409 East BoulevardCharlotte, NC 28203704-371-5605
Intellectual Property Rights
M.Ann Anderson
POB93
214 E. Marion StreetPilot Mountain. NC 27041(336) 368-9621
tort, civil rights, labor yes
Kirk J. AngelThe Angel Law Firm, PLLC177 Sims ParkwayPOB 692Harrisburg, N.C. 28075704-455-3311
contract, labor, tort, civil rights yes
Willis Wade AppleWolfe & Associates101 South Main StreetKernersville, NC 27284336-996-3231
contract, banking, tort, property rights yes
Robert F. BakerSPEARS BARNES BAKER WAINIO BROWN &WHALEY
3126 Cornwall RoadDurham, NC 27707(919)489-3553
contract, tort yes
John J. Barnhardt, IIISumma, Allan & Additon, P.A.11610 North Community House Rd., Suite 200Ballantyne Corporate ParkCharlotte, NC 28277-2199(704) 945-6725
contract, tort, property rights, antitrust yes
December 14,2011 US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINAMEDIATOR LIST
NAME & CONTACT INFORMATION EXPERTISE AREAS
PAGE 2
VITAE
Ronald Barbee
BARBEE JOHNSON & GLENNPOB 21401Greensboro, NC 27420(336)379-1630
contract, tort, property rights, banking no
Jack B. Bayliss, Jr.CARRUTHERS & ROTHP. 0. Box 540Greensboro, NC 27402(336)478-1178
contract, labor, banking, tort, property rights, securities,environmental
no
Robert A. Beason
Beason & Ellis Conflict Resolution, LLCPost Office Box 52270Durham. N.C. 27717-2270919-419-9979
Contract, Banking, Tort, Property Rights, Antitrust.Environmental
Judith G. Behar
Post Office Box 10181Greensboro, NC 27404(336) 323-6922
contract, tort, civil rights, labor (individual employment) yes
Stacey Stone Bennett10925 David Taylor DriveSuite 100Charlotte. NC 28262(704) 944-5562
contract, labor, tort, civil rights no
William D. Bernard
101 North Columbia St.Chapel Hill. NC 27514(919)968-1111
contract, tort, property rights, banking no
Dorothy C. BernholzPOB 1312Chapel Hill, NC 27514(919)962-1303
contract, tort, civil rights, property rights(landlord/tenant) yes
Donald H. BeskindTwiggs, Beskind, Strickland & Rabenau150 Fayetteville Street, Suite 1100Raleigh, NC 27601(919)828-4357
contract, tort, civil rights yes
William A. Blancato
MCCALL DOUGHTON & BLANCATO. P.L.L.C.633 W. Fourth St., Ste. 150Winston-Salem, NC 27101(336)725-7531
contract, tort, civ. rights, labor, prop, rights, sec, environ. yes
Edward Bograd310 Robinlynn RoadMatthews, NC 28105(704) 321-7948
contract, labor, tort, property rights, civil rights, environmental yes
John J. Bowers
P.O. Box 13089
Research Triangle Park, NC 27709(919)484-2387
contract, banking, tort, securities yes
December 14,2011 US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINAMEDIATOR LIST
NAME & CONTACT INFORMATION EXPERTISE AREAS
PAGE 3
VITAE
Richard T. BoyetteCRANFILL. SUMNER, HARTZOGPOB 27808
Raleigh. NC 27611-7808(919)828-5100
contract, tort, property rights yes
Anthony M. Brannon3817 Somerset Dr.Durham, NC 27707(919)403-5344
contract.tort.property rights, environmental yes
Kenneth S. Broun
UNIVERSITY OF N. C. SCHOOL OF LAWCB# 3380 Van Hecke-Wettach Hall
Chapel Hill, NC 27599-3380(919)962-4112
contract, tort, civil rights yes
John E. BuggPOB 2811
Durham, NC 27715(919) 383-9431
contract yes
Robert M. BurroughsPOB 473234
Charlotte, NC 28247-3234(704)362-2121
contract, tort, real property yes
Frank A. CampbellPOB 2248
Greensboro, NC 27402(336) 275-3511
contract, tort no
Hugh B. Campbell, Jr.2030 Carillon BIdg.227 West Trade St.Charlotte, NC 28202(704)372-1282
contract.tort.civilrights.labor.prop.rights.antitrust.environmental
yes
A. A. Canoutas
POB 967Wilmington, NC 28402-0967(910)762-2448
NONE CHECKED no
Karen Estelle CareyWOMBLE CARLYLE SANDRIDGE & RICEPOD 84
Winston-Salem, NC 27120(336) 721-3536
construction law, environmental yes
Kenneth P. Carlson, Jr.CONSTANGY BROOKS & SMITH. LLC100 N. Cherry St.. Ste. 300Winston-Salem. NC 27101(336)721-6843
contract, civil rights, labor
D.Anderson CarmenBELL. DAVIS & PITT, P. A.100 N.Cherry St.POB 21029Winston-Salem. NC 27120-1029(336) 722-3700
contract, tort, civil rights property rights, banking yes
December 14,2011 US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINAMEDIATOR LIST
NAME & CONTACT INFORMATION EXPERTISE AREAS
PAGE 4
VITAE
David M. CarterCarter, Schnedler & Warnock, PA.POB 2985Asheville. NC 28802828-252-6225
Property Rights (intellectual property)
William P. H. CaryBROOKS PIERCE MCLENDON HUMPHREY &LEONARD
POB 26000Greensboro. NC 27420(336)271-3115
labor, employment discrimination yes
George C. ChristieDUKE UNIVERSITY SCHOOL OF LAWPOB 90360Durham. NC 27708-0360(919)684-2976
tort yes
Denise S. ClineMOORE & VAN ALLEN, PLLCPOB 26507
Raleigh. NC 27611(919)821-6243
contract, civil rights, labor, property rights yes
Vincent P. Collura674 Feanington PostPittsboro, NC 27312(919)542-5613
contract, tort, property rights yes
Reginald F. CombsPOB 24009Winston-Salem. NC 27114-4009(336)725-8165
contract, tort, prop, rights, antitrust banking, sec. no
Robert C. ConeTUGGLE DUGGINS & MESCHAN. PA.POB 2888
Greensboro, NC 27402(336)378-1431
contract, tort, property rights yes
Richard B. ConelyPOB 5827Pinehurst, NC 28374(910)295-7000
contract, tort, property rights no
James L. Conner, IIIOld Durham Library Office Building311 East Main St.Durham, NC 27701(919)683-8688
Contract, tort, property rights, environmental yes
Sara A. (Sally) ContiPOB 3463Chapel Hill, NC 27515(919)967-3375
contract, property rights, banking, environmental yes
R. Cameron Cooke100 Wedgedale Ave.Greensboro, NC 27403(336) 299-9737
ALL CATEGORIES no
December 14,2011 US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINAMEDIATOR LIST
NAME & CONTACT INFORMATION EXPERTISE AREAS
PAGE 5
VITAE
MarkO. CostleyADAMS, WALL & COSTLEY. L.L.P.POB 21007
Greensboro, NC 27420-1007
contract, tort, civil rights, labor, banking, securities yes
Thorns CravenMediation, Inc.POB 15458Winston-Salem, NC 27116(336)777-1477
contract, tort, property rights, civil rights, environmental no
Auley M. Crouch, IIIPOB 4Wilmington, NC 28402(910)762-0595
contract, tort, civil rights, banking, environmental yes
William L. Daisy5504 Mecklenburg RoadGreensboro. NC 27407(336) 558-4255
contract, tort, property rights no
Benjamin F. Davis, Jr.3027 Redford DriveGreensboro, NC 27408(336) 282-2095
contract, labor, banking, tort, property rights yes
H. Lee Davis, Jr.POB 20039
Winston-Salem, NC 27120-0039(336) 725-8385
contract, tort, civil rights, environmental yes
Mark A. DavisWOMBLE, CARLYLE, SANDRIDGE & RICEPOB 831Raleigh, NC 27602(919)755-2191
labor, tort, civil rights no
DaileyJ. DerrPOB 51266Durham, NC 27717(919)493-5500
contract, tort, civil rights, property rights yes
Ken Doss
111-E Shore Lake Dr.
Greensboro, NC 27455(336) 508-7902
contract.tort, property rights,antitrust,environmental yes
George P. Doyle210 North Columbia StreetChapel Hill, NC 27514(919)942-4162
contract, property rights no
Thomas C. Duncan
Attorney and Counselor at Law500-D State Street
Greensboro, NC 27405(336)274-7243
contract, tort, property rights no
Stephen Dunn737 East BoulevardCharlotte, N.C. 28203704-375-6022
Contract, Labor, Tort, Civil Rights
December 14,2011 US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
MEDIATOR LIST
NAME & CONTACT INFORMATION EXPERTISE AREAS
PAGE 6
VITAE
Anne L. DuvoisinA Better WayDispute Resolution Services2700 Old Sugar RoadDurham, NC 27707(919)493-5093
contract, tort, civil rights yes
William Albert EaglesPOB 3112
Greensboro, NC 27402(336) 373-1500
contract, tort, civ. rights, prop, rights, antitrust, sec yes
Steven B. EpsteinPoyner Spruill LLPPOB 1801
Raleigh, NC 27602-1801(919)783-2846
contract, tort, civil rights no
Melinda Melhorn Evans
111 MacRae Court
Chapel Hill, NC 27516919-969-8767
contract, tort, property rights yes
Margo F. Evans640 Fairway Ridge Dr.West Jefferson, NC 28694(336) 877-2872
contract, tort, labor, prop, rights, antitrust, sec. environ. yes
Herberts. Falk,Jr.TURNER ENOCHS LLOYD, PA.POB 160
Greensboro, NC 27402(336) 373-1300
contract, tort, banking no
JackW. FloydFLOYD ALLEN & JACOBS
POB 1260Greensboro, NC 27402(336)273-1797
contract, tort, property rights, antitrust no
Lynn Fontana115 E. Main St.
Durham, N.C. 27701(919)682-4900
Contract, Labor, Tort, Civil Rights no
Christie M. Foppiano110 Oak Island Drive
Cary, N.C. 27513919-632-1715
Contract, Labor, Tort Y
C.Allen Foster
PATTON, BOGGS & BLOWPOD 20004
Greensboro, NC 27420(336)273-1733
ALL CATEGORIES yes
James R. Fox
BELL DAVIS & PITT, PA.POB 21029
Winston-Salem, NC 27120-1029(336) 722-3700
contract, tort, prop, rights, antitrust, banking, sec, environ. yes
December 14, 2011 US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
MEDIATOR LIST
NAME & CONTACT INFORMATION EXPERTISE AREAS
PAGE 7
VITAE
Susan R. Franklin
1829 E.Franklin St.Chapel Hill, NC 27514(919)942-0800
contract, labor, prop, rights yes
Daniel A. Frazier
4216 N Liberty StreetWinston-Salem, NC 27105(336) 744-0274
contract, tort, property rights no
Elliot A. FusBlanco, Tackabery & Matamoros110 S. Stratford Road, Ste. 500Winston-Salem, NC 27114(336) 293-9000
contract, tort, property rights no
Jsiubs E Gdt&s
MAUPIN TAYLOR ELLIS & ADAMS, PA.POD 19764Raleigh. NC 27619(919)981-4015
contract, tort yes
Stuart C. Gauffreau
Hagan, Davis, Mangum, Barrett & Langley, PLLC300 N. Greene Street, Suite 200Greensboro, NC 27401336-232-0660
Contract, Banking, Tort, Property Rights, Anitrust Yes
M. Blen Gee Jr.
JOHNSON. HEARN, VINEGAR & GEE. PLLCPOB 1776Raleigh, NC 27602-1776(919)743-2200
contract, property rights yes
Ellen R. Gelbin
743 Big Tree DriveLewisville, NC 27023(336)945-0214
contract, tort, civil rights, labor yes
William B. Gibson331 High St.
Winston-Salem, NC 27101(336) 722-6851
contract, tort, civ rights (emp.), labor (emp.) yes
Kathy GleasonPOB 2183Asheville, NC 28802(704) 252-5530
contract, tort, property rights yes
Henry W. GorhamTeague Campbell Dennis & Gorham4800 Six Forks Road, Ste 300Raleigh, NC 27609(919)873-0166
contract, tort yes
Angela Newell GrayGRAY NEWELL. LLP7 Corporate Center Ct., Suite BGreensboro, NC 27408(336) 724-0330
contract, tort, civil rights no
December 14,2011 US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINAMEDIATOR LIST
NAME & CONTACT INFORMATION EXPERTISE AREAS
PAGE 8
VITAE
William E. Greene27 Robinhood RoadAsheville. NC 28804(704) 255-0287
contract, tort, property rights, banking
*
yes
Lynn G. GullickMediation, Inc.POB 386Greensboro, NC 27402(336) 674-5533
contract, tort yes
Kenneth J. Gumbiner
TUGGLE, DUGGINS & MESCHAN, PA.POB 2888
Greensboro, NC 27402-2888(336) 378-1431
contract, tort, civ. & prop, rights, antitrust, sec, envir. yes
Allen Holt GwynCONNOR, GWYN. SCHENCK, PLLCPOD 20744
Greensboro, NC 27420(336)691-9222
contract, labor/emp., banking, tort, civ rights, envir. yes
Stanley F. HammerWYATT EARLY HARRIS WHEELER
1912 Eastchester Dr., Suite 400High Point. NC 27265(336)884-1000 Ext. 233
contract, tort, civil rights
Walter L. HannahADAMS KLEEMEIER HAGAN HANNAH & FOUTS
POB 3463
Greensboro, NC 27402(336)373-1600
contract, tort, civil rights, labor yes
JohnW. HardyDOUGLAS RAVENEL HARDY CRIHFIELD &
MOSELEY110 Commerce PlaceGreensboro, NC 27401(336) 378-0580
contract, tort, civil rights, property rights yes
Jonathan R. HarkavyPOB 29269Greensboro, NC 27429(336) 370-4200
contract, tort, civ rights, labor, antitrust, banking, sec, envir. yes
Robert E. Harrell
36 Fairway DriveAsheville, NC 28805(704)253-3661
tort no
M. Lynette Hartsell1010 LakeviewDr.
Cedar Grove, NC 27231(919)732-1277
contract, tort, fair debt collections practices no
John R. Haworth
HAWORTH RIGGS KUHN & LANEYPOB 109High Point, NC 27261(336)883-0191
contract, tort, property rights, no
December 14,2011 US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINAMEDIATOR LIST
NAME & CONTACT INFORMATION EXPERTISE AREAS
PAGE 9
VITAE
Joseph A. Hayworth, Jr.1231 Wales Ct.High Point, NC 27262(336) 882-7720
contract, tort, civil rights, labor, property rights no
Gregory Alan Heafner1510 Twisted Oak Drive
Chapel Hill, NC 27516(919)967-8122
contract, tort, property rights yes
Michael E. Helms331 Forest Hill DrivePOB 204Wilkesboro, NC 28697336-838-2455
contract, labor, banking.tort, property rights, civil rights,environmental
GaryS. HemricJAMES. MCELROY & DIEHL600 South College StreetCharlotte. NC 28202(704) 372-9870
contract, tort, property rights no
Thomas D. Higgins, III870 Airport RoadChapel Hill. NC 27514(919)968-4717
contract, tort, property rights, banking, environmental no
Karl N. Hill, Jr.HILL. EVANS, DUNCAN, JORDAN & DAVISPOB 989
Greensboro, NC 27402(336)379-1390
contract, tort, civil rights yes
Thaddeus B. Hodgdon, Esq.SILVERSTEIN & HODGDON, P.A.4000 WestChase Blvd., Suite 280Raleigh, NC 27607(919)829-3811
contract, tort yes
C. D. Hogue III110 West Margaret LaneHillsborough. NC 27278(919)732-4865
contract, tort, civil rights (Amer/disabilities Act), property rights no
Patricia L. HollandJackson Lewis LLP
1400 Crescent GreenSuite 215Cary. NC 27518919-424-8608
Labor, Tort, Civil Rights Yes
F. Thomas Holt, IIIPOB 2275
Fayetteville, NC 28302(910)323-4600
contract, tort, civil rights, property rights no
W. Clary HoltHOLT SPENCER LONGEST & WALL
POD 59Burlington, NC 27216(336) 227-7461
contract, tort, property rights no
December 14,2011 US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINAMEDIATOR LIST
NAME & CONTACT INFORMATION EXPERTISE AREAS
PAGE 10
VITAE
L. P. Hornthal, Jr.POB 220Elizabeth City, NC 27907-0220(919)335-0871
contract, tort, civil rights yes
Donald L. Horowitz
DUKE LAW SCHOOLPOB 90360Durham, NC 27708-0360(919)684-6039
contract, tort, civ. & prop, rights, labor, sec. yes
Robert N. Hunter, Jr.POB 20570Greensboro, NC 27420(336)273-1600
contract, tort, civ. & prop, rights, labor, banking yes
David A. Irvin
POD 84
Winston-Salem. NC 27102(336)721-3600
contract, tort, civil rights, labor no
J. Sam Johnson, Jr.POB 3486Greensboro, NC 27402(336) 379-0123
contract, tort, civil rights, property rights, environmental no
W. Eugene Johnston, IIIPOD 29043
Greensboro, NC 27429(336)373-1224
contract, securities no
Richard F. KaneRichard F. Kane, PLLC2115 Roswell Avenue
Charlotte, N.C. 28207(704)469-1889
Labor, Civil Rights no
Terry Richard KaneSuite 2300, One Wachovia Center301 South College StreetCharlotte, NC 28202(704) 342-5250
contract, tort, property rights, environmental
Richard J. KeshianKILPATRICK STOCKTON, LLP.1001 West Fourth StreetWinston-Salem, NC 27101(336) 607-7322
contract, tort, property rights yes
Larry S. Kimel14 Clayton StreetAsheville, NC 28801(704) 253-9300
contract, tort. civ. rights, prop, rights, banking, sec. yes
William O. KingPOB 51549Durham, NC 27717(919)493-8411
tort no
Alvin Larkin Kirkman
POB 2746Raleigh, NC 27602(919)828-5242
contract, tort, civ. & prop, rights, envir. yes
December 14,2011 US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINAMEDIATOR LIST
NAME & CONTACT INFORMATION EXPERTISE AREAS
PAGE 11
VITAE
Thomas B. Kobrin
400 West Market St., Ste. 500Greensboro, NC 27401(336) 379-9542
contract, tort, civil rights, property rights yes
Janet Knight LedbetterPOB 1108Hillsborough, NC 27278(919)732-5741
contract,tort,civ.rights,labor,prop.rights,banking, environmental yes
Louis L. Lesesne, Jr.1701 South Blvd
Charlotte, NC 28203(704) 377-4300
contract, tort, civil rights, labor yes
James Lee Lester
POB 2974
Greensboro, NC 27402(336) 273-4422
contract, tort, environmental, property rights no
J. Anderson LittleMEDIATION. INC.POB 16205Chapel Hill, NC 27516(919)967-6611
contract, tort, civ. rights, labor, prop, rights, environmental yes
James M. LongPOB 1118Yanceyville, NC 27279336-234-9636
contract, tort, property rights yes
Samuel H. Long, IIILONG, CLOER & ELLIOTT419 2nd Street N.W.Hickory, NC 28601(704)322-1033
contract, tort, labor, property rights, environmental yes
Charles D. LuckeyBLANCO TACKABERY COMBS & MATAMOROS,PA.POD 25008Winston-Salem, NC 27114-5008(336)761-1250
contract, tort no
Thomas J. ManleyHUNTON & WILLIAMS
POB 109
Raleigh, NC 27602(919)899-3053
contract, tort, civ. & prop, rights, labor, antitrust yes
James W. Mason
POB 1686Laurinburg, NC 28353(910)276-8450
contract, tort, property rights no
Robert D. Mason, Jr.Womble Carlyle Sandridge & RiceOne West Fourth StreetWinston-Salem, NC 27012(336)721-3761
contract, tort property rights, civil rights yes
December 14,2011 US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINAMEDIATOR LIST
NAME & CONTACT INFORMATION EXPERTISE AREAS
PAGE 12
VITAE
G. Emmett McCall633 West Fourth St.
Winston-Salem, NC 27101(336) 725-7531
contract, property rights, banking no
John N. McClain, Jr.POB 527
Raleigh, NC 27602(919)828-5952
contract, tort, property rights, banking, environmental no
Charles K. McCotter, Jr.POB 12800New Bern, NC 28561-2800(919)635-1005
ALL CATEGORIES yes
Robert G. MclverPATTON. BOGGS & BLOW500 NationsBank BuildingPOD 20004 101 West Friendly AvenueGreensboro, NC 27420(336)273-1733
contract, tort, property rights no
John B. Meuser800 St. Mary's St., Ste. 203Raleigh, NC 27605919-755-9690
Robert James Miller3404 Lake Boone TrailRaleigh, NC 27607(919)781-8151
contract, tort, labor, property rights, environmental yes
Eddie C. MitchellSuite 550, NationsBank BIdg.380 Knollwood StreetWinston-Salem, NC 27103(336) 725-9597
contract, tort yes
Robert A. Monath123 S. Main St., Ste. 201Salisbury. NC 28144704-645-0630
Contract, Copyright/Trademark
Joseph W. MossPost Office Box 9597Greensboro, NC 27429-0597(336)370-1282
contract, banking, tort, property rights, securities, antitrust yes
M. LeAnn Nease
101 North Columbia Street
Chapel Hill, NC 27514(919)968-1111
contract, antitrust, banking yes
Betty J. PearceTURNER, ENOCHS & LLOYDPOB 160
Greensboro, NC 27402-0160(336)373-1300
contract, tort, labor yes
J. Dickson Phillips IIILEWIS, ANDERSON, PHILLIPS, GREENE &HINKLE, PLLC141 Providence Road, Suite 200Chapel Hill, NC 27514(919)933-5236
contract, tort, civ. & prop, rights, labor (emp.), environmental &intellectual property
yes
December 14,2011 US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
MEDIATOR LIST
NAME & CONTACT INFORMATION EXPERTISE AREAS
PAGE 13
VITAE
Robert A. PhillipsPOB 995Bumsville. NC 28714-0995(704) 682-3107
contract, tort, civil rights, property rights, banking yes
T. Alan Pittman
POB 53612
Fayetteville. NC 28305(910)486-0992
contract, tort, property rights, banking no
AlanN. Post
POB 2531High Point, NC 27261(336) 887-7566
contract, tort, property rights no
Lacy M. Presnell IIIBURNS, DAY & PRESNELL. PA.POB 10867
Raleigh, NC 27605(919)782-1441
contract, tort, property rights, securities yes
Eugene W. PurdomPOB 4544Greensboro, NC 27404(336)218-0602
contract, tort, property rights, banking, environmental no
J. Brooks Reitzel Jr
101 Neal PlacePOB 5544
High Point. NC 27262(336) 885-7900
contract, tort, property rights, banking no
C. Robert RhodesWOMBLE CARLYLE300 N. Greene St., Suite 1900Greensboro, NC 27401(336) 574-8040
intellectual prop rights(incl patents.trademarks©rights) yes
Elizabeth L. RileyWOMBLE CARLYLEPOB 831
Raleigh, NC 27602(919)755-2114
contract, tort, civil rights, property rights, education law yes
Michael L. RobinsonRobinson & Lawing101 N. Cherry St., Ste. 720Winston-Salem, NC 27101336-631-8500
Contract, Tort, Antitrust
P. Wayne RobbinsBROWN & ROBBINS, L.L.P.POB 370Pinehurst, NC 28374(910)692-4900
contract, tort, property rights, environmental no
Charles B. Robson, Jr.900 BlenheimRaleigh, NC 27612(919)786-9679
contract, tort, civ & prop rights, antitrust, banking, sec. yes
December 14,2011 US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINAMEDIATOR LIST
NAME & CONTACT INFORMATION EXPERTISE AREAS
PAGE 14
VITAE
Richmond W. Rucker
HUTCHINS, TYNDALL. DOUGHTON & MOOREPOB 20039
Winston-Salem, NC 27120-0039(336) 725-8385
property rights yes
Chase Saunders319 S. Sharon Amity Rd., No. 6Charlotte, NC 28211(704) 560-0039
contract, tort, labor, prop, rights, securities no
James S. Schenck, IVCONNER GWYN SCHENCK. PLLCPOB 30933Raleigh. NC 27622(919)789-9242
contract, property rights, environmental yes
Elizabeth D. Scott
Williams, MullenPOD 1000Raleigh. NC 27602(919)981-4004
contract, tort no
Johnnie Scott, Jr.Post Office Box 1693Benicia. CA 94510(707) 747-0839
contract, labor, tort, property rights, civil rights yes
William L. SenterPOB 2505Fayetteville, NC 28302(910)864-6888
contract, tort, property rights yes
A. Lincoln Sherk
120 Fayette StreetWinston-Salem, NC 27101(336)722-8137
contract, tort, property rights no
Stanley E. Speckhard218 West Friendly AvenueGreensboro, NC 27401(336) 379-9302
contract, tort, property rights no
Sarah Stevens1835 Westfield Road
POB 667
Mt.Airy,NC 27030(336) 786-5444
contract, tort no
JohnT. Stewart
Suite 202
143 W. Franklin Street
Chapel Hill, NC 27516(919)929-0386
contract, tort, property rights no
Arnold M. Stone
8752 Reed Drive, Suite 3Emerald Isle, NC 28594(919)354-5515
contract, tort, property rights, securities yes
Edward Thomhill, IIIPOB 1350
122 S. Main St.Waynesville. NC 28786(704) 452-2839
contract, tort no
December 14,2011 US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
MEDIATOR LIST
NAME & CONTACT INFORMATION EXPERTISE AREAS
PAGE 15
VITAE
James R. Turner
TURNER, ENOCHS & LLOYD. PA.POB 160
Greensboro. NC 27402-0160(336)373-1300
contract, tort, securities, no
Richard Tyndali22013 Laurel Hedge LaneMooresville. NC 28117(704) 664-3259
contract, tort, civil rights, property rights, environmental no
H. Mac Tyson II100 Hay Street, 1st FloorFayetteville, NC 28301(910)483-6600
ALL CATEGORIES yes
Fred M. UpchurchPOB 29202
Greensboro. NC 27429(336) 273-5992
contract, tort, property rights no
Philip Van Hoy737 East Boulevard
Charlotte, N.C. 28203(704) 375-6022
Contract, Labor, Civil Rights yes
Donnell Van Noppen, IIIPATTERSON, HARKAVY 8. LAWRENCE, L.L.P.POB 27927
Raleigh. NC 27611(919)755-1812
tort, civil rights, labor,environmental no
Arthur A. Vreeland
4 Parkmont Court
Greensboro. NC 27408(336) 288-7500
contract, banking, tort, property rights
Anthony J. Vrsecky380 Knollwood St., Suite 450Winston-Salem. NC 27103(336)748-1181
contract, tort no
George K. WalkerWAKE FOREST UNIVERSITY SCHOOL OF LAWPOB 7206. Reynolds StationWinston-Salem. NC 27109-7201(336) 758-5720
contract, tort, civ rights, prop, rights, banking, environ. yes
Ralph A. Walker1817 Canaan Dr.
Greensboro, NC 27408336-288-1556
Commercial, construction, contract, insurance, medicalmalpractice, personal; injury, property damage, worker'scompensation, real estate, environomental.
William Watts Walker
POB 1666
Winston-Salem, NC 27102-1666(336) 725-0583
contract, tort, civil rights, labor yes
Jonathan Wall
Robertson, Medlin & Blocker, PLLC127 N. Greene St., 3rd FloorGreensboro, NC 27401(336) 378-9881
Contract, Labor, Tort, Unfair Trade Practices, Civil Rights,Employment Discrimination
Yes
December 14,2011 US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
MEDIATOR LIST
NAME & CONTACT INFORMATION EXPERTISE AREAS
PAGE 16
VITAE
Percy Lee WallPOB 3483Greensboro, NC 27402(336)275-7915
contract, tort no
Ray H. Walton212 Park Avenue ExtensionSouthport, NC 28461(910)457-6110
contract, tort, property rights yes
Reagan Hale WeaverPOB 25096Raleigh, NC 27611(919)828-0363
contract, tort, civ & prop rights, labor, antitrust yes
Michael E. WeddingtonSMITH, ANDERSON, BLOUNT, DORSETT,MITCHELL & JERNIGAN, L.L.P.POB 2611
Raleigh, NC 27602(919)821-1220
contract, tort (business) property rights, banking yes
Dewey W. WellsPOD 84Winston-Salem. NC 27102(336)721-3684
contract, tort, civ & prop rights, labor, antitrust, envir. yes
R. Michael Wells
WELLS. JENKINS, LUCAS & JENKINS, PLLC380 Knollwood St.. Suite 610Winston-Salem, NC 27103(336) 725-2900
contract, tort, property rights, banking yes
Richard L. Wharton
CLARK & WHARTON
POB 1349Greensboro, NC 27402(336) 275-7275
contract, tort, property rights no
William E. WheelerWYATT EARLY HARRIS WHEELER & HAUSER
POD 2086High Point, NC 27261-2086(336) 884-4444
contract, tort, property rights no
Judy Lee Whisnant301 W. Main St.. Ste. 400Durham. NC 27701(919)688-6860
tort, civil rights no
W. Thomas White7017 Discovery LaneWalkertown, NC 27051(336)778-0745
contract, tort, labor, property rights, environmental no
James T. Williams, Jr.POB 26000
Greensboro, NC 27420-6000(336) 271-3107
contract, tort, property rights, securities, antitrust no
Hugh Addison Winters, IIIPATTON, BOGGS & BLOWPOD 20004
Greensboro, NC 27420(336)273-1733
contract, tort, property rights. yes
December 14,2011 US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
MEDIATOR LIST
NAME & CONTACT INFORMATION EXPERTISE AREAS
PAGE 17
VITAE
Douglas E. Wright2008 New Garden Road., Suite DGreensboro, NC 27410(336) 286-9445
contract, tort, civil rights, labor, antitrust yes
Garris Neil YarboroughYARBOROUGH LAW FIRM
POB 705
115 East Russell St.Fayetteville, NC 28301(910)433-4433
contract, tort, civ. & prop, rights, envir., constr. law no
William L. YoungSMITH HELMS MULLISS & MOOREPOB 21927
Greensboro, NC 27420(336) 378-5304
contract,tort,property rights,antitrust,environmental no