United States District Court, M.D. Louisiana
RULING AND ORDER
A. JACKSON JUDGE
the Court is Defendants' Motion for Summary
Judgment (Doc. 24). Plaintiff filed an
Opposition to Motion for Summary Judgment
(Doc. 33). This Court has jurisdiction over this
matter pursuant to 28 U.S.C. 1331. Oral argument is
unnecessary. For the reasons stated below, Defendants'
motion is GRANTED.
Bellue ("Plaintiff) claims that she suffered sexual
harassment and discrimination by her supervisor, Lieutenant
Tommy Cole ("Cole") and racial discrimination by
her supervisor, Captain Elanor T. Stewart
("Stewart") while employed at the East Baton Rouge
Sheriffs Office ("EBRSO") (Doc. 1-1 at ¶ 6).
Plaintiff further asserts that she was retaliated against by
EBRSO when she reported such harassment and discrimination to
the Internal Affairs Department, and that she was punished by
being removed from her position and eventually fired by
EBRSO. (Id. at ¶ 7). Defendants in this matter
once included Mayor Sharon Weston Broome, Sheriff Sid
Gautreaux, and Captain Elanor T. Stewart. Mayor Sharon Weston
Broome was terminated as a defendant on August 4,
2017 via Plaintiffs First Supplemental Petition for Damages
(Doc. 1 at ¶ 5). Stewart was dismissed from this matter
on September 13, 2018 by this Court's Order granting in
part and denying in part Defendants' motion to dismiss
(Doc. 23). Plaintiff now brings a claim against the remaining
Defendant, Sheriff Sid Gautreaux ("Defendant"),
claiming that as he was the person who ultimately signs off
on terminations from EBRSO, he is responsible for Plaintiffs
Plaintiffs Title VII claims, Plaintiff alleges that the
harassment and discrimination began upon her return to work
from a protracted absence due to an injury. (Id. at
¶ 10). Plaintiff claims that she spoke to Human
Resources personnel about changing her job duties due to
certain issues surrounding care for her elderly mother and
small children. (Id. at ¶ 11). On or about
March 4, 2015, Plaintiff was reassigned to the
"Communications" department, with Stewart as her
new supervisor. (Id. at ¶ 12). Plaintiff claims
that all four other individuals working in her department
were African Americans. (Id. at ¶ 13). Plaintiff
further asserts that all of her African American co-workers
received an eight-week training program for the position, but
she did not. (Id. at ¶¶ 14-15).
also avers that she was put on Cole's shift, and received
uncomfortably flirtatious communications from him regularly.
(Id. at ¶¶ 16-17). Plaintiff alleges the
1) On March 19, 2015, Cole sent her a text message reminding
her that Friday was "free dress day" which included
a winking smiley face. (Id. at ¶ 18).
2) On March 20, 2015, Cole told her that she looked nice and
spoke to her for an extended period of time. (Id. at
3) On April 2, 2015 Cole sent another text message reminding
her that Friday was "free dress" day which again
included a winking smiley face. (Id. at ¶ 20).
4) On April 21, 2015, in response to a message sent by
Plaintiff wherein Plaintiff requested that Cole call her back
and Plaintiff apologized from bothering him, Cole responded
"Oh, you could never be a bother," and included a
smiley face. (Id. at ¶¶ 21-22).
5) On May 17, 2015, Cole sent Plaintiff a text message
offering to submit a timesheet for her and included a smiley
face. (Id. at ¶ 24).
6) On July 13, 2015, while with Plaintiff, Cole failed to end
a conversation among several other men, the topic of which
Plaintiff found to be sexually offensive towards women.
(Id. at ¶ 31)
also avers that on several occasions in August 2015,
Plaintiff confided in Lieutenant Candace Brown
("Brown") and Stewart that she believed Cole was
waiting around the office for Plaintiff to arrive to or
depart from work, and that she felt as though she was being
stalked. (Id. at ¶ 33-34).
asserts that she received an unreasonably negative
performance review from Cole, during which Cole became manic
and began waving his arms around in frustration at Plaintiffs
lack of a response to the negative evaluation. (Id.
at ¶ 25). Plaintiff further asserts that she received a
positive evaluation from Pam Moran which she claims is at
odds with the evaluation received from Cole. (Id. at
¶ 26). Plaintiff approached Stewart with the
discrepancies between ...