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Carroll v. City of Flint6/25/2002
is place." He then began to gyrate his hips back and forth and plaintiff turned away from him. Bobbie Vaughn then drove by in his truck and yelled something at Newson, to which Newson responded by yelling, "F--- you, too, you motherf-----. F--- this." Newson again began gyrating his hips.
Newson then walked into the building. A few minutes later, plaintiff proceeded to return to the building and as she was walking toward the building, Newson exited. Plaintiff waited for Newson to walk by her and Dave Wilson then said to Newson, "Yeah, Will, don't let him blow sand up your ass, especially that white sand." Wilson and Newson were "hooting and hollering" over this comment and plaintiff turned around to tell them to grow up. When she turned around, Newson had his pants unzipped and partially pulled down and he was gyrating his hips again. Plaintiff told Newson that he "was the stupidest motherf----- I had ever seen." Newson responded by saying, "Well, f--- you. Suck this." Plaintiff then walked into the building.
Plaintiff immediately reported the incident to Larson. She was told to put her complaint in writing and give it to Larson after the July 4th holiday. Plaintiff prepared a written complaint, dated July 6, 1998. Plaintiff also contacted her union president, Sam Muma, and discussed the incident with him on July 6, 1998. Muma believed that the conduct was under the city's guidelines of sexual harassment, and Muma advised plaintiff to speak to Antonio Morolla, the director of personnel. Plaintiff did speak with Morolla, who asked plaintiff is she had considered transferring out of her department. She said that she did not want to transfer because she was happy with her job and the problem was with Newson. Morolla explained the city's sexual harassment policy to her, had her sign it, and told her that an investigation would be conducted.
The day after speaking with Muma and Morolla, plaintiff talked with Larson. Larson had a meeting with Morolla and Lucius Henry, Labor Relations Specialist. Larson was advised to interview the witnesses to the incident, which he did, and he prepared a report dated July 8, 1998. Larson did not review the results of the investigation with plaintiff. In September 1998, an assistant city attorney sent a letter to plaintiff stating that her complaint would be investigated by the city attorney's office and that plaintiff was scheduled for an interview on September 11, 1998. Plaintiff met with Denise Davis for the interview.
Plaintiff testified that, with regard to the incident on July 2nd, Newson's behavior of pulling down his pants was disgusting and humiliating to her. As she related to Davis, plaintiff stated that Newson's conduct at work causes her to "look over shoulder" and constantly watch out for him. After the July 2nd incident, Newson called plaintiff a "bitch" three or four times. One occasion occurred as she was waking in the hallway to the cafeteria. Another occasion occurred in August 1998 when plaintiff had her daughter with her and Newson was saying, "f---" and "f---ing" when she went to the vending machine to get a juice for her daughter. During the week of August 17, 1998, as plaintiff was entering the building to begin work, Newson was in the doorway of the front office. Someone told Newson to move, and Newson looked at plaintiff, grabbed his crotch and said, "Suck this." Plaintiff complained about this to Larson and to Roger Clapp.
Plaintiff filed her complaint on August 24, 1999, alleging sexual harassment and "reverse" racial discrimination against both defendants, a retaliation claim against defendant city only, and a stalking claim against defendant Newson only. Both defendants filed their motions for summ
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