Case: United States of America v. Town of West Terre Haute

2:03-cv-00206 | U.S. District Court for the Southern District of Indiana

Filed Date: July 11, 2003

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On July 11, 2003, the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII, 42 U.S.C. Section 2000e, et seq. in the U.S. District Court for the Southern District of Indiana against Town of West Terre Haute (the "Town"). The D.O.J. alleged that the defendant had violated Title VII by sexually harassing a female employee, resulting in a hostile work environment and her constructive discharge. The D.O.J asked the court to award compensatory damages for the individual empl…

On July 11, 2003, the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII, 42 U.S.C. Section 2000e, et seq. in the U.S. District Court for the Southern District of Indiana against Town of West Terre Haute (the "Town"). The D.O.J. alleged that the defendant had violated Title VII by sexually harassing a female employee, resulting in a hostile work environment and her constructive discharge. The D.O.J asked the court to award compensatory damages for the individual employee and to require the defendant to implement an anti-discrimination program.

The complaint alleges that the Town sexually harassed the defendant by: (1) making crude comments about her breasts, body and weight; (2) repeatedly suggesting that she was having sexual relations with her co-workers; (3) making threatening remarks; (4) creating, maintaining, and condoning sexual harassment and a sexually hostile work environment in the West Terre Haute Police Department; and (5) failing or refusing to promptly and effectively investigate, remedy or prevent the above conduct.

A consent decree was entered and the case dismissed on March 9, 2004. The consent decree stated: (1) the Town shall not engage in any act or practice that discriminates against any employee or applicant for employment because of that employee's or applicant's sex; (2) the Town shall not retaliate against any person that has opposed any practice made unlawful by Title VII; (3) the Town shall submit a proposed written policy governing sexual harassment for the police department; (4) the Town shall adopt, implement, and publicize the agreed upon policy; and (5) the Town shall pay the individual employee compensatory damages. The court retained jurisdiction for twelve months following entry on decree.

This case is closed.

Summary Authors

Erin Forman (11/12/2007)

People


Judge(s)

Hussmann, William G. Jr. (Indiana)

Tinder, John Daniel (Indiana)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Ashcroft, John (District of Columbia)

Bailey, Sue Hendricks (Indiana)

Blustein, Benjamin Jay (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Brooks, Susan W. (Indiana)

Gadzichowski, John M. (District of Columbia)

Lewenberg, Sara Rachel (District of Columbia)

Judge(s)

Hussmann, William G. Jr. (Indiana)

Tinder, John Daniel (Indiana)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Ashcroft, John (District of Columbia)

Bailey, Sue Hendricks (Indiana)

Blustein, Benjamin Jay (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Brooks, Susan W. (Indiana)

Gadzichowski, John M. (District of Columbia)

Lewenberg, Sara Rachel (District of Columbia)

Rocque, Amanda (District of Columbia)

Attorneys(s) for Defendant

Dilts, Jeremy Michael (Indiana)

Liptak, Edward J. (Indiana)

Documents in the Clearinghouse

Document

Docket [PACER]

United State of America v. the Town of West Terre Haute

March 9, 2004 Docket
1

Complaint

United States v. Town of West Terre Haute

July 11, 2003 Complaint
19

Answer to Complaint

Sept. 15, 2003 Pleading / Motion / Brief
21

Case Management Plan

Oct. 9, 2003 Pleading / Motion / Brief
47

Order Directing Filing of a Pleading Authorizing Dismissal

Feb. 9, 2004 Order/Opinion
48-1

Consent Decree

March 5, 2004 Settlement Agreement

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against THE TOWN OF WEST TERRE HAUTE with Jury Demand, filed by UNITED STATES OF AMERICA.(VS, ) (Entered: 07/11/2003)

July 11, 2003
2

CIVIL COVER SHEET by UNITED STATES OF AMERICA. (VS, ) (Entered: 07/11/2003)

July 11, 2003
3

Summons Issued as to THE TOWN OF WEST TERRE HAUTE. (VS, ) (Entered: 07/11/2003)

July 11, 2003
4

DEMAND for Trial by Jury by UNITED STATES OF AMERICA. (VS, ) (Entered: 07/11/2003)

July 11, 2003
5

NOTICE of Appearance by Benjamin Blustein on behalf of UNITED STATES OF AMERICA (VS, ) (Entered: 07/11/2003)

July 11, 2003
6

NOTICE of Appearance by Amanda Rocque on behalf of UNITED STATES OF AMERICA (VS, ) (Entered: 07/11/2003)

July 11, 2003
7

NOTICE of Appearance by Sue Hendricks Bailey on behalf of UNITED STATES OF AMERICA (VS, ) (Entered: 07/11/2003)

July 11, 2003
8

MAGISTRATE JUDGE'S Summary of CMP Notice (VS, ) (Entered: 07/11/2003)

July 11, 2003
9

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction (VS, ) (Entered: 07/11/2003)

July 11, 2003
10

RETURN of Service by CMRRR c/o Dennis Stark THE TOWN OF WEST TERRE HAUTE served on 7/15/2003. signed by Samantha Buck(VS, ) Modified on 7/25/2003 (VS, ). (Entered: 07/25/2003)

July 25, 2003
11

RETURN of Service by CMRRR c/o Lawrence Beck THE TOWN OF WEST TERRE HAUTE served on 7/15/2003. signed by vicki Ashburn(VS, ) Modified on 7/25/2003 (VS, ). (Entered: 07/25/2003)

July 25, 2003
12

RETURN of Service by CMRRR Jerry Menestrina THE TOWN OF WEST TERRE HAUTE served on 7/15/2003. signed by vicki Ashburn(VS, ) (Entered: 07/25/2003)

July 25, 2003
13

RETURN of Service by CMRRR Clarence Beck THE TOWN OF WEST TERRE HAUTE served on 7/15/2003. signed by Vicki Ashburn(VS, ) (Entered: 07/25/2003)

July 25, 2003
14

NOTICE of Parties' First Extension of Time; defendants shall have to and including 08/29/03 to respond to complaint, by THE TOWN OF WEST TERRE HAUTE cs (VS, ) (Entered: 07/28/2003)

July 28, 2003
15

NOTICE of Appearance Edward J. Liptak and Jeremy M. Dilts for defendant THE TOWN OF WEST TERRE HAUTE, cs (VS, ) (Entered: 07/28/2003)

July 28, 2003
16

SUBPOENA to US Equal Employment Opportunity by THE TOWN OF WEST TERRE HAUTE. (VS, ) (Entered: 08/15/2003)

Aug. 15, 2003
17

MOTION for Extension of Time to File answer to plaintiff's complaint by THE TOWN OF WEST TERRE HAUTE.cs (VS, ) (Entered: 08/29/2003)

Aug. 29, 2003
18

ORDER granting defendant's 17 Motion for Extension of Time within which to answer or otherwise plead . Signed by Judge William G. Hussmann Jr. on 09/03/03. cm (NKD, ) (Entered: 09/03/2003)

Sept. 3, 2003
19

ANSWER to Complaint by THE TOWN OF WEST TERRE HAUTE.cs(VS, ) (Entered: 09/15/2003)

Sept. 15, 2003
20

NOTICE of Appearance by Sara R. Lewenberg on behalf of UNITED STATES OF AMERICA. (EAH, ) (Entered: 10/09/2003)

Oct. 8, 2003
21

CASE MANAGEMENT PLAN TENDERED by all parties. (Blustein, Benjamin) (Entered: 10/09/2003)

Oct. 9, 2003
22

NOTICE of Service of Initial Disclosures, cs by THE TOWN OF WEST TERRE HAUTE (VS, ) (Entered: 10/15/2003)

Oct. 15, 2003
23

ORDER: CASE MANAGEMENT Approved as modified at section IV B Track 2 deadlines shall apply. Signed by Judge William G. Hussmann Jr. on 10/16/03. (VS, ) (Entered: 10/16/2003)

Oct. 16, 2003

SCHEDULING ORDER: Jury Trial set for 11/15/2004 09:30 AM in room #215 before John Daniel Tinder. Settlement Conference set for 2/10/2004 10:00 AM in room #210 before Magistrate Judge William G. Hussmann Jr.; motions to dismiss or for summary judgment raising issue if defendant is an "employer" shall be filed by 02/15/04.. Signed by Judge William G. Hussmann Jr. on 10/16/03. (VS, ) (Entered: 10/16/2003)

Oct. 16, 2003
24

NOTICE of Service of Initial Disclosures to Defendant on 10/09/03 by UNITED STATES OF AMERICA (Blustein, Benjamin) (Entered: 10/17/2003)

Oct. 17, 2003
25

NOTICE to Take Deposition of Harry W. Hughes by UNITED STATES OF AMERICA.(Lewenberg, Sara) (Entered: 10/21/2003)

Oct. 21, 2003
26

NOTICE to Take Deposition of Clarence Beck by UNITED STATES OF AMERICA.(Lewenberg, Sara) (Entered: 10/21/2003)

Oct. 21, 2003
28

NOTICE to Take Deposition of Jerry Menestrina by UNITED STATES OF AMERICA.(Lewenberg, Sara) (Entered: 10/21/2003)

Oct. 21, 2003
29

REVISED NOTICE to Take Deposition of Harry W. Hughes by UNITED STATES OF AMERICA.(Lewenberg, Sara) Modified on 11/6/2003 (TMD). (Entered: 11/05/2003)

Nov. 5, 2003
30

NOTICE to Take Deposition of Clarence Beck by UNITED STATES OF AMERICA.(Lewenberg, Sara) (Entered: 11/20/2003)

Nov. 20, 2003
31

NOTICE to Take Deposition of Larry Beck by UNITED STATES OF AMERICA.(Lewenberg, Sara) (Entered: 11/20/2003)

Nov. 20, 2003
32

NOTICE to Take Deposition of Jerry Menestrina by UNITED STATES OF AMERICA.(Lewenberg, Sara) (Entered: 11/20/2003)

Nov. 20, 2003
33

Notice of Service of REQUEST for Production of Documents by UNITED STATES OF AMERICA.(Lewenberg, Sara) Modified on 1/5/2004 (Carpentier, Wendy). (Entered: 11/20/2003)

Nov. 20, 2003
34

Notice of Service of First Set of Interrogatories to Defendant (Nos. 1-23) by UNITED STATES OF AMERICA.(Lewenberg, Sara) Modified on 1/5/2004 (Carpentier, Wendy). (Entered: 11/20/2003)

Nov. 20, 2003
35

DISCOVERY Preliminary Witness and Exhibit Lists by UNITED STATES OF AMERICA. (Attachments: # 1 preliminary exhibit list)(Lewenberg, Sara) (Entered: 12/04/2003)

Dec. 4, 2003
36

NOTICE by UNITED STATES OF AMERICA of Service of Preliminary Witness and Exhibit Lists (Lewenberg, Sara) (Entered: 12/04/2003)

Dec. 4, 2003
37

NOTICE by UNITED STATES OF AMERICA of Service of Demand for Settlement to Defendant (Lewenberg, Sara) (Entered: 12/04/2003)

Dec. 4, 2003
38

Exhibit List, Witness List Prelimianry by THE TOWN OF WEST TERRE HAUTE. cs(VS, ) (Entered: 12/10/2003)

Dec. 10, 2003
40

NOTICE by UNITED STATES OF AMERICA of Service of Responses to Defendant's First Set of Requests for Documents (Lewenberg, Sara) (Entered: 12/16/2003)

Dec. 16, 2003
41

NOTICE by UNITED STATES OF AMERICA of Service of Deposition Notice of Stephen Creasey (Lewenberg, Sara) (Entered: 12/17/2003)

Dec. 17, 2003
42

NOTICE by UNITED STATES OF AMERICA of Service of Deposition Notice of Ernest Meeks (Lewenberg, Sara) (Entered: 12/17/2003)

Dec. 17, 2003
43

NOTICE by UNITED STATES OF AMERICA of Service of Deposition Notice of Sandra Giles (Lewenberg, Sara) (Entered: 12/17/2003)

Dec. 17, 2003
44

NOTICE by UNITED STATES OF AMERICA of Service of Deposition Notice of Melody Buchanan (Lewenberg, Sara) (Entered: 12/17/2003)

Dec. 17, 2003
45

NOTICE by UNITED STATES OF AMERICA of Service of Deposition Notice of Tamala Parsons (Lewenberg, Sara) (Entered: 12/17/2003)

Dec. 17, 2003
46

NOTICE by UNITED STATES OF AMERICA of Service of Expert Disclosure Pursuant to Fed. R. Civ. P. 26(a)(2)(A) (Lewenberg, Sara) (Entered: 01/12/2004)

Jan. 12, 2004
47

ORDER directing filing of pleading authorizing dismissal; all pending motions are DENIED AS MOOT; all previously ordered dates relating to discovery, filings, schedules, conferences and trial are VACATED; Settlement Conference scheduled for 02/10/04 is VACATED; IT IS ORDERED that within 30 days of this date, counsel for plaintiff shall file a motion to dismiss or stipulation of dismissal; failure to comply with this order will result in dismissal with prejudice . Signed by Judge John Daniel Tinder on 02/06/04. cm(NKD, ) Additional attachment(s) added on 2/12/2004 (NKD, ). (Entered: 02/10/2004)

Feb. 9, 2004
48

Joint MOTION for Approval and Entry of Consent Decree by all parties. (Attachments: # 1 Proposed Consent Decree)(Blustein, Benjamin) (Entered: 03/05/2004)

March 5, 2004
49

BRIEF/MEMORANDUM in Support re 48 Joint MOTION for Approval and Entry of Consent Decree filed jointly by the parties filed by UNITED STATES OF AMERICA. (Blustein, Benjamin) (Entered: 03/05/2004)

March 5, 2004
50

CLOSED DISMISSED consent decree; parties to bear own costs, including attorney fees except that parties shall retain right to seek costs for any matter in future may arise from this consent decree and require resolution by court. Signed by Judge John Daniel Tinder on 03/09/04. cm(VS, ) (Entered: 03/11/2004)

March 9, 2004

State / Territory: Indiana

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: July 11, 2003

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States of America

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Town of West Terre Haute (West Terre Haute, Vigo), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 43000

Order Duration: 2004 - 2005

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Retaliation Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female