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Noday v. Mahoning County Sheriff's Dep't.9/8/2005
JUDGMENT: Affirmed
JUDGES: Hon. Gene Donofrio Hon. Joseph J. Vukovich Hon. Cheryl L. Waite
{ } Plaintiff-appellant, Tammy Noday, appeals from a Mahoning County Common Pleas Court decision granting summary judgment in favor of defendant-appellee, the Mahoning County Sheriff's Department.
{ } Appellant was employed as a Mahoning County Sheriff's Deputy on June 2, 1994. As a sheriff's deputy, appellant was covered by a collective bargaining agreement (CBA). In 1997, appellee assigned appellant to the Major Crimes Unit (MCU). The MCU's major function was to investigate drug dealers and their activities.
{ } During November 1997, allegations were brought to Sheriff Phil Chance's attention that appellant and Deputy Antonio Owens may have been involved in making false reports. Further investigation into the matter revealed that case files at issue were missing. Detectives believed that the files were in appellant's and/or Owens' possession. The two were directed to immediately produce the missing files.
{ } Owens produced certain files to the sheriff's department upon demand. Appellant failed to produce any files and was subsequently placed on administrative leave. Officers obtained a warrant to search appellant's home. When they arrived at her home with the warrant, she consented to a search, which turned up the missing files.
{ } Appellant was eventually indicted on four felony perjury charges by a special grand jury that had been convened to hear cases regarding corruption in Mahoning County. However, those charges were eventually dismissed.
{ } Appellee held a pre-disciplinary hearing with appellant on August 24, 1998 to address allegations of disobeying a direct order, intentionally falsifying records, and abusing arrest and search warrant policies. The hearing officer found that appellant was guilty of insubordination and falsification. Consequently, Sheriff Chance terminated appellant's employment on August 28, 1998.
{ } Other sheriff's department employees were also involved in the criminal investigation including Owens, Captain Jeff Chance, and Deputy Carmen Constantino. These deputies are all men. They were all also members of the MCU. They were all convicted of misdemeanors involving corruption in the department. After they were convicted, appellee began the disciplinary process against them. Appellee terminated them as well. However, they filed grievances and an arbitrator found that they were to be reinstated. Thus, appellee hired them back.
{ } Appellant also filed a grievance contesting her termination. An arbitration hearing was held in accordance with the CBA. The arbitrator denied appellant's grievance.
{ } Appellant next filed a charge with the Ohio Civil Rights Commission (OCRC) alleging that her termination was due to gender discrimination. The OCRC dismissed the charge. Subsequently, appellant filed a complaint for gender discrimination in the United States District Court. The District Court dismissed the complaint.
{ } Appellant then filed a complaint in the trial court on December 2, 1999, asserting two causes of action: one for sex discrimination and the other for public policy tort. The trial court granted appellee's motion to dismiss/motion for summary judgment. Appellant filed an appeal from the decision. This court affirmed the trial court's decision as to the public policy tort claim and reversed as to the sex discrimination claim. Noday v. Mahoning Cty. Sheriff, 147 Ohio App.3d 38, 768 N.E.2d 726, 2002-Ohio-609.
{ } The case was remanded back to the trial court to proceed on appellant's sex discrimination claim. After
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