Cowan v. City of Mount Vernon
95 F. Supp. 3d 624
S.D.N.Y.2015Background
- Cowan worked for Mount Vernon Youth Bureau (Mar 2010–Mar 2011) and was assigned to the STRONG program under director Hamp Miller; DaMia Harris was Executive Director; Jennifer Coker-Wiggins headed Human Resources.
- Cowan alleges pervasive sexual harassment and repeated sexual battery by Miller (exposure, groping, locking her in office and blocking exit), and that Miller intimidated her not to report because of his relationship with Harris.
- Cowan complained informally to coworkers and HR (Coker-Wiggins) beginning in 2010 and attempted a formal complaint in March 2011; she was terminated on March 28, 2011.
- Defendants concede the harassment allegations for the summary-judgment motion but argue termination resulted from performance problems (recruitment failures, security of office keys, other incidents) and deny a municipal policy/covspiracy causing the harm.
- Procedural posture: Defendants moved for partial summary judgment dismissing Cowan’s Equal Protection §1983 claims against Harris, §1985 conspiracy claim, §1983 retaliation theory, and Cowan’s IIED claim; the court grants in part and denies in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Monell failure-to-train/ratification (§1983 against City) | City HR training discouraged complaints and required documentary proof; HR’s failure to investigate ratified Miller’s conduct | City had written anti-harassment policy and trainings; HR lacked final policymaking authority and no deliberate indifference shown | Denied summary judgment as to Monell based on triable issue that HR’s failure to investigate may have created an accepted custom (ratification theory) |
| Individual §1983 liability—Miller | Miller’s repeated sexual battery and intimidation violated equal protection (hostile work environment) | Defendants did not move to dismiss Miller on this ground and did not rebut the harassment facts | Denied summary judgment—facts sufficient for jury to find Miller liable under §1983 |
| Individual §1983 liability—Harris (supervisory) | Harris is liable for failing to remedy or supervise after notice | Defendants: Harris had no personal involvement or notice of harassment | Granted summary judgment for Harris (claim deemed abandoned by plaintiff for failing to oppose; no evidence of Harris personal involvement) |
| §1985 conspiracy | City officials conspired to deprive Cowan of rights by covering up harassment | Defendants: no agreement, intracorporate-conspiracy bar; Lowe’s hearsay evidence insufficient | Granted summary judgment—no proof of meeting-of-minds; intracorporate conspiracy doctrine bars claim |
| Retaliation (Title VII and NYSHRL) | Cowan engaged in protected activity (informal & attempted formal complaints) and was terminated days after filing; termination pretextual | Defendants: termination based on legitimate nonretaliatory performance reasons | Denied summary judgment—prima facie case and triable issue of pretext (temporal proximity, inconsistent performance evidence) |
| IIED (against Miller) | Miller’s repeated sexual battery and confinement were extreme, intentional and caused severe distress | Defendants: IIED duplicative of statutory workplace discrimination remedies and should be dismissed | Granted summary judgment on IIED—court follows New York intermediate appellate authority barring IIED where statutory remedies (NYSHRL) cover the misconduct |
Key Cases Cited
- Monell v. Dep’t of Soc. Servs. of City of N.Y., 436 U.S. 658 (1978) (municipal liability requires an official policy or custom causing constitutional injury)
- City of Canton v. Harris, 489 U.S. 378 (1989) (failure to train liability requires deliberate indifference and close relation to the injury)
- Connick v. Thompson, 563 U.S. 51 (2011) (pattern of similar violations ordinarily required to show municipal deliberate indifference)
- Jenkins v. City of New York, 478 F.3d 76 (2d Cir. 2007) (three-part test for failure-to-train deliberate indifference)
- Raspardo v. Carlone, 770 F.3d 97 (2d Cir. 2014) (hostile-work-environment sex discrimination actionable under §1983)
- Zann Kwan v. Andalex Grp. LLC, 737 F.3d 834 (2d Cir. 2013) (retaliation burden-shifting and but-for causation post-Nassar)
- Univ. of Tex. Sw. Med. Ctr. v. Nassar, 133 S. Ct. 2517 (2013) (retaliation plaintiff must prove but-for causation)