City of Belzoni v. Johnson
114 Fair Empl. Prac. Cas. (BNA) 792
Miss.2012Background
- Johnson, a police officer, alleged year-long sexual harassment by Officer James; she reported to supervisor Foxworth and Mayor Walton with limited visible action.
- She reported harassment to Foxworth multiple times; Foxworth claimed to have followed procedures but found no proof.
- EEOC investigated, finding city failed to take action and issued a right-to-sue letter, enabling Johnson to file federal claims.
- Johnson pursued Title VII claims against the City of Belzoni (negligence theory per Burlington) and Section 1983 claims against Foxworth and James in their individual capacities.
- A jury awarded Johnson $150,000 total ($50,000 against each defendant); defendants moved for JNOV or new trial, which were denied.
- MTCA notice issues were later discussed but held inapplicable to federal claims under Felder and McGehee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper on federal claims | Johnson argues material facts exist | Belzoni movant asserts no genuine issue | Denied; issues of hostile environment triable at trial |
| Whether Title VII claim can be against the City and individuals | Johnson pursued Title VII against City only | City liable under negligence theory per Ellerth | Affirmed; Title VII claim against City allowed; individual defendants not liable under Title VII |
| Whether §1983 claims against Foxworth and James were proper | Claims against individuals for personal liability | Officials not liable in official capacity | Affirmed; individuals may be personally liable under §1983 |
| Whether the harassment constituted a hostile work environment | Harassment was pervasive, severe, and created abusive environment | Evidence insufficient or disputed | Sufficient evidence; hostile environment established |
| Whether MTCA notice requirements apply to federal claims | Not applicable to §1983 and Title VII | MTCA applies to state law claims | Not applicable to Title VII or §1983 per Felder/McGehee |
Key Cases Cited
- Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (U.S. 1998) (employer liability for coworker harassment via negligence theory)
- Kentucky v. Graham, 473 U.S. 159 (U.S. 1985) (official-capacity vs personal liability in §1983)
- Felder v. Casey, 487 U.S. 131 (U.S. 1988) (federal rights vindication; no state-law notice requirement for §1983)
- McGehee v. DePoyster, 708 So.2d 77 (Miss. 1998) (MTCA notice not required for §1983 in state courts)
- East Mississippi State Hosp. v. Callens, 892 So.2d 800 (Miss. 2005) (recognizes personal liability of state officials in §1983 actions)
- Migis v. Pearle Vision, Inc., 135 F.3d 1041 (5th Cir. 1998) (emotional distress proof may come from plaintiff's testimony alone)
- Forsyth v. City of Dallas, 91 F.3d 769 (5th Cir. 1996) (emotional distress evidence standard in §1983/Title VII context)
- Carey v. Piphus, 435 U.S. 247 (U.S. 1978) (requirement of actual damages for certain civil rights claims)
- Farpella-Crosby v. Horizon Health Care, 97 F.3d 803 (5th Cir. 1996) (evidence standards for compensatory damages in §1981a)