Date: 08-29-2001

Case Style: Terrijean R. Rider v. City of Farmington

Case Number: 3:99CV2351

Judge: Thompson

Court: United States Court of Appeals for the District of Connecticut

Plaintiff's Attorney: Unknown

Defendant's Attorney: Unknown

Description: The plaintiff, Terrijean Rider (“Rider”), brings this action against her employer, the Town of Farmington (the “Town”), and her supervisor, Chief of Police Leroy Bangham (“Bangham”), in his individual capacity.1 Rider has three remaining claims in her Second Amended Complaint. The First Count alleges that the Town created a discriminatorily hostile work environment based on Rider’s gender in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (“Title VII”). The Second Count alleges that Bangham violated the plaintiff’s rights under the Equal Protection clause of the 14th Amendment as implemented by 42 U.S.C. § 1983. The Third Count alleges that Bangham violated the Connecticut Fair Employment Practices Act (“CFEPA”), Conn. Gen. Stat. § 46a-60(a)(5). The defendants have moved for summary judgment. For the reasons set forth below, the defendants’ motion for summary judgment is being granted as to all of the remaining counts in the Second Amended Complaint.

I. Factual Background

The plaintiff has been a police officer employed by the Town of Farmington since 1984. During all times material to this action, Bangham was the Town’s Chief of Police, and as such, was Rider’s supervisor.

The plaintiff contends that from January 29, 1999 through February 11, 1999, Bangham created a hostile working environment by harassing, verbally abusing, and intimidating her. Rider contends that Bangham threatened to commence an internal affairs investigation of her, that he did in fact commence such an investigation, that he falsely accused her of spreading malicious gossip, and that he coerced her into meeting with him without her union representative being present. Rider alleges that during the same time period, another police officer, Donald Therkildsen (“Therkildsen”), told her that “women don’t belong in police work”. Rider further contends that Therkildsen verbally intimidated and harassed her while the two of them were responding to a burglary call, and that he verbally intimidated her by yelling at her.

Assessing the record in the light most favorable to the plaintiff and drawing all reasonable inferences in her favor, the record shows the following facts. On February 1, 1999, Sergeant Tracy Enns, a female officer who had recently been promoted to the rank of Sergeant, was told by a senior officer that she should not “call roll” because some of the officers did not support her promotion. Sergeant Enns agreed. The next morning, February 2, 1999, Sergeant Enns was again told not to call roll, for the same reason, and again she agreed. Shortly afterwards, Sergeant Enns met with Bangham and tendered her resignation, claiming that she believed she was the target of organized insubordination. Sergeant Enns told Bangham that she had heard second-hand that a meeting had been held by 35 Town police officers “to plot a mutiny against [Sergeant] Enns.” Pl.’s Memo. at 3. Sergeant Enns told Bangham that she had heard that Rider was one of the two ringleaders.

After hearing this from Sergeant Enns, Bangham ordered Rider to return to the station and meet with him. When Rider arrived, she noticed that Bangham looked upset, so she asked her union representative to accompany her into the meeting. However, when the two entered Bangham’s office, Bangham told the union representative to leave and closed the door, leaving only Rider, Bangham and Bangham’s assistant in the room.

Bangham then began to “yell and scream” at Rider, Pl.’e Memo. at 4, and accused her of being the cause of Sergeant Enns’ desire to resign. Bangham told Rider that she was going to be suspended or terminated, and that she was the subject of the highest level internal affairs investigation possible.2

Later that day, Bangham called another female officer, Susan Divenere, into his office. Officer Divenere had been named as the other ringleader of the plot against Sergeant Enns. Bangham did not allow the union representative to join that meeting, either. During that meeting Bangham questioned Officer Divenere about the plot against Enns.

Also on February 2, 1999, Bangham learned that one of his senior officers had told Sergeant Enns not to call roll on the previous two mornings. The officer who had instructed Sergeant Enns not to call roll had been suspended in the past for sexual harassment. Bangham did not question this officer about the incident, but sent him for informal counseling instead.

An internal affairs investigation was commenced and led by Captain James Rio. During the course of this investigation, Captain Rio interviewed Rider, Sergeant Enns, Officer Devinere, Therkildsen, and others. Rider complained to Captain Rio during her interview that she and Therkildsen had had a confrontation while the two of them were on a burglary call, and that Therkildsen had screamed at her and she had felt threatened by him. She also told Captain Rio of Therkildsen’s statement that he felt women should not be police officers. Captain Rio investigated both the insubordination charges against Rider and other officers involving the alleged plot against Sergeant Enns, and the claims that Rider had made against Therkildsen, and found that none of the charges or claims could be substantiated. Rider was never disciplined in any manner as a result of the investigation into the alleged plot against Sergeant Enns.

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Click the case caption above for the full text of the Court's opinion.

Outcome: The defendants’ Motion for Summary Judgment [Doc. # 48] is hereby GRANTED. Judgment shall be entered in favor of the defendants as to all counts, and the Clerk shall close this case.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Reported by Kent Morlan