Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bellue v. East Baton Rouge Sheriff

United States District Court, M.D. Louisiana

April 8, 2019

REBECCA BELLUE
v.
EAST BATON ROUGE SHERIFF, SID GAUTREAUX IN HIS OFFICIAL CAPACITY AS SHERIFF, AND CAPTAIN ELEANOR T. STEWART

          RULING AND ORDER

          BRIAN A. JACKSON JUDGE

         Before 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.

         I. FACTUAL BACKGROUND

         Rebecca 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 termination.[1]

         Concerning 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.[2] (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).

         Plaintiff 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 following conduct:

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 ¶ 19).
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)

         Plaintiff 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).

         Plaintiff 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 ΒΆ 26). Plaintiff approached Stewart with the discrepancies between ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.