Andrea Boxill v. James O'Grady
Opinion
Andrea Boxill brought this suit against four Ohio judges and a court administrator at Ohio's Franklin County Municipal Court (FCMC).
1
She makes several claims under
I. BACKGROUND
Boxill worked at FCMC as its Specialty Dockets Coordinator. Four of the Defendants below-Michael Brandt, Carrie Glaeden, James Green, and James O'Grady-were state court judges at FCMC. The remaining Defendant, Emily Shaw, was FCMC's Court Administrator.
Boxill alleges that "the Defendants ... formulated a concealed plan and policy that female FCMC employees asserting complaints about abusive and discriminatory treatment at the hands of Judges would be discouraged and intimidated into silence." Although she says this plan originated in 2007, her complaint does not identify any abusive treatment directed at her until November 2011, when O'Grady "began making hostile comments" that "mirrored sexist and racist allusions [he] had directed at [her] when he had been Bailiff" at the same courthouse in the past. She also claims that Brandt was "hostile and intimidating to [her] personally" around the same time.
*516 According to the complaint, Boxill reported her "ongoing harassment" to administrators and judges at FCMC-including Green and Shaw-several times between 2011 and 2013. She alleges that "[n]o administrator or Judge acted on these reports, but each discouraged [her] from action." In April 2013, the "Defendants began removing [her] responsibilities and diminishing [her] abilities to function as coordinator." Sometime thereafter, she "learned that Defendants had given a male subordinate a $14,000.00 per year increase in salary with no commensurate consideration of her contributions."
In March 2014, Scott VanDerKarr-a judge at FCMC who was not named as a defendant-drafted a letter to Brandt (copying Shaw and Glaeden) about O'Grady's behavior. Boxill does not provide the contents of VanDerKarr's letter, but she suggests that it "reported O'Grady's creation of a hostile work environment." After Brandt reviewed a draft of VanDerKarr's letter, he directed Shaw to tell VanDerKarr to "tone it down." It was Shaw who then wrote a new draft of the letter. This revised draft expressed concern that, "if left unaddressed, Judge O'Grady's behavior m[ight] result in future litigation that could subject the Court to liability, possibly for the creation and continuation of a hostile work environment, and the payment of damages."
Boxill alleges that "the Defendants knew" this letter was meant to "memorializ[e] complaints made" by her against O'Grady. A week after Shaw wrote the letter, Boxill was "formally demoted by Defendants." She claims that O'Grady then "recruited 'a team of Judges' to monitor [her] and her staff and frankly announced that he was 'targeting' Specialty Docket staff." The Defendants "began bypassing [her] on issues that were hers to address, and going directly to the Caucasian male subordinate who lacked her experience and qualifications." She eventually resigned in August 2014.
Boxill later filed this suit. Her complaint alleges that (1) each Defendant retaliated against her in violation of the First Amendment, § 1983, and § 1981, (2) the Defendants conspired to retaliate against her, and (3) each Defendant contributed to a hostile work environment at FCMC. The district court dismissed her claims, and she now appeals.
II. ANALYSIS
A. Jurisdiction
Before reaching the substance of Boxill's complaint, we must decide whether we have jurisdiction to hear this appeal. In dismissing Boxill's complaint, the district court stated:
Defendants' motion to dismiss is GRANTED. FCMC is dismissed with prejudice as not sui juris . Plaintiff's § 1981 claims of race discrimination against the individual Defendants are dismissed with prejudice. Plaintiff's § 1983 claims, however, are dismissed without prejudice for failure to state a claim.
The key distinction here is that Boxill's claims against FCMC and her § 1981 claims were dismissed with prejudice, but her § 1983 claims-which comprise the majority of the claims in her complaint-were dismissed without prejudice for failure to state a claim.
Under
Although the district court here did not plainly state its intention in the dismissal order, the clerk of court later entered a judgment dismissing all of Boxill's claims. That judgment included a checked box next to the statement: "This action was decided by the Court without a trial or hearing." The clerk of court's reference to the "action," rather than the complaint, likely indicates that the district court's order was final. And even if the clerk of court's submission does not alone resolve the jurisdictional question, Boxill has done so on appeal. In her supplemental briefing, she confirms that her decision to "appeal signaled her intent to 'stand' on the dismissed complaint."
See
Robert N. Clemens Tr. v. Morgan Stanley DW, Inc.
,
B. Dismissed Claims
Turning to Boxill's complaint. We review the district court's dismissal of Boxill's claims de novo and allow those claims to proceed only if they "contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face."
Ashcroft v. Iqbal
,
1. First Amendment Retaliation
We begin with Boxill's First Amendment retaliation claims. Retaliation under § 1983 requires the plaintiff to show that "(1) [she] engaged in constitutionally
*518
protected conduct; (2) an adverse action was taken against [her] that would deter a person of ordinary firmness from continuing to engage in that conduct; and (3) the adverse action was motivated at least in part by [her] protected conduct."
Wurzelbacher v. Jones-Kelley
,
Boxill's complaints of gender and race discrimination qualify as protected speech.
See, e.g.,
Bonnell v. Lorenzo
,
Boxill has nevertheless failed to state a plausible retaliation claim against Brandt, Glaeden, Green, or Shaw. These allegations suffer from the same flaw: Boxill does not state facts specific to those Defendants. Her claims rest on broad, conclusory allegations that the "Defendants" diminished her job responsibilities; but she offers no facts to support a reasonable inference that any of these Defendants individually took such an action, much less that he or she did so in response to Boxill's protected speech. Summary reference to a single, five-headed "Defendants" does not support a reasonable inference that
each
Defendant is liable for retaliation.
See, e.g.
,
Heyne v. Metro. Nashville Pub. Sch.
,
Boxill's claims against O'Grady are more direct. She alleges that in 2014, O'Grady "announced that he was 'targeting' Specialty Docket staff," assembled a "team of Judges" to monitor her work, and "began bypassing [her] on issues that were hers to address." While these facts would support a reasonable inference that O'Grady took an "adverse action" against Boxill, they are not enough to state a retaliation claim; she must also allege that O'Grady's actions were "motivated at least in part by [her] protected conduct."
Wurzelbacher
,
2. Civil Conspiracy
Boxill next claims that each Defendant conspired to retaliate against her. Civil conspiracy under § 1983 requires evidence of "an agreement between two or more persons to injure another by unlawful action."
Memphis, Tennessee Area Local, Am. Postal Workers Union, AFL-CIO v. City of Memphis
,
Boxill's conspiracy claims fall short for the same reason her retaliation claims fail. Once again, her complaint offers no facts relevant to the individual liability of Brandt, Glaeden, Green, or Shaw. She alleges, for example, that "the Defendants formulated a concealed plan and policy that female FCMC employees asserting complaints about abusive and discriminatory treatment at the hands of Judges would be discouraged and intimidated into silence." But she states no plausible, non-conclusory facts to demonstrate that Brandt, Glaeden, Green, or Shaw joined this conspiracy, shared in the conspiratorial objective, and/or committed specific acts in furtherance of the conspiracy. Although she now claims that Brandt's and Shaw's alleged involvement in the drafting of the 2014 letter about O'Grady's behavior is evidence of their participation in the alleged conspiracy, this letter's open recognition of concerns about O'Grady's behavior would, if anything, undercut the claim that Brandt and Shaw worked to conceal complaints against him.
While her claims against O'Grady are more specific, Boxill still fails to allege that he was aware of her complaints against him. O'Grady could not have conspired to retaliate against Boxill on the basis of complaints he knew nothing about.
See
Farhat v. Jopke
,
3. Retaliation Under § 1981
Boxill makes a final claim of retaliation against each Defendant under
Even though the district court erred in finding that Boxill could not use § 1983 as a vehicle to vindicate her rights under
*520
§ 1981, her claim still fails. The elements of a retaliation claim under § 1981 are the same as those under Title VII.
See
Noble v. Brinker Int'l, Inc.
,
4. Hostile Work Environment
Boxill's last claim is that each Defendant contributed to a hostile work environment at FCMC by making or condoning sexist and racist comments.
6
We review § 1983 discrimination claims brought under the Equal Protection Clause using the same test applied under Title VII.
See, e.g.,
Deleon v. Kalamazoo Cty. Rd. Comm'n
,
Boxill, an African American female, satisfies the first element of this standard. But she has failed to plead any non-conclusory facts showing that Glaeden, Green, Shaw, or Brandt knew about her alleged harassment and failed to act. In fact, Boxill's claim about the letter circulated among the Defendants indicates that they took proactive steps to address O'Grady's behavior. At any rate, Boxill makes only a vague reference to the Defendants' "facilitati[on]" of "a continuing hostile work environment." That is not enough to state a plausible claim against any of these Defendants. Nor is Boxill's conclusory allegation that Brandt was "hostile and intimidating to [her] personally."
See, e.g.
,
White v. Coventry Health & Life Ins. Co.
,
Boxill's hostile work environment claim against O'Grady, however, makes the following specific allegations. She states that shortly after his election to the bench in 2011, "O'Grady began making hostile comments" that "mirrored sexist and racist allusions [he] had directed at [her] when he had been Bailiff" at the same courthouse in the past. She later told VanDerKarr that O'Grady's conduct was "interfer[ing] with her ability to succeed in her work," though his behavior continued. Eventually, in 2014, VanDerKarr drafted a letter-circulated among Brandt, Shaw, and Glaeden-"in which he reported *521 O'Grady's creation of a hostile work environment" at the courthouse. Shaw later "tone[d] [ ] down" this letter; but even the revised letter concluded "that, if left unaddressed, Judge O'Grady's behavior [might] result in future litigation that could subject [FCMC] to liability, possibly for the creation and continuation of a hostile work environment, and the payment of damages." Boxill's complaint therefore plausibly alleges that (1) O'Grady made sexist and racist comments directed at her and others for years, (2) she reported to her superiors that O'Grady's harassment was interfering with her ability to work, and (3) this harassment was sufficiently severe and/or pervasive that judges and administrators at the courthouse felt it necessary to memorialize their concerns about his behavior in writing. At the pleading stage, these allegations state a plausible hostile work environment claim against O'Grady.
III. CONCLUSION
We REVERSE the district court's dismissal of Boxill's hostile work environment claim against O'Grady and AFFIRM the district court's judgment in all other respects. We REMAND for further proceedings consistent with this opinion.
Boxill originally named FCMC as a defendant, but her amended complaint made no claims against FCMC. In its opinion, the district court noted that Boxill had not formally withdrawn FCMC as a defendant and dismissed FCMC from the case. Boxill does not challenge that dismissal.
See, e.g.,
Moore v. Rees
,
Boxill incorrectly states the pleading requirements of Rule 12(b)(6). Relying on citations that substantially predate the
Iqbal
/
Twombly
pleading standard, she proposes that we cannot dismiss her complaint unless we find that she "can prove no set of facts in support of [her] claims that would entitle [her] to relief." This standard was announced over 60 years ago in
Conley v. Gibson
,
Boxill does allege that the "Defendants knew" the letter drafted about O'Grady's behavior was "memorializing complaints made" by her. But again, this vague, conclusory reference to "the Defendants" is not enough to make a plausible showing that O'Grady was aware of her complaints.
The sixth claim in Boxill's complaint is ambiguously titled "EQUAL PROTECTION AND SECTION 1981 RACE DISCRIMINATION/RETALIATION." Although this language could imply that Boxill intended to bring a claim of retaliation and discrimination under § 1981, on appeal she alleges only retaliation under that statute. To the extent Boxill ever intended to bring a discrimination claim under § 1981, she has forfeited her right to do so on appeal.
The district court liberally construed Boxill's complaint to state two discrimination claims: one for disparate treatment in employment and another for creation of a hostile work environment. Boxill does not challenge the district court's dismissal of her disparate treatment claim, and any such claim is now forfeited. Regardless, her complaint does not allege that any similarly situated, non-protected co-workers at FCMC were treated differently.
See
Serrano v. Cintas Corp.
,
Reference
- Full Case Name
- Andrea BOXILL, Plaintiff-Appellant, v. James P. O'GRADY; Carrie E. Glaeden; James E. Green; Emily Shaw ; Michael T. Brandt, Defendants-Appellees.
- Cited By
- 252 cases
- Status
- Published