Case: United States v. H.N. McElroy and Harris County

4:00-cv-01617 | U.S. District Court for the Southern District of Texas

Filed Date: May 12, 2000

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On May 12th, 2000, the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII, 42 U.S.C. § 2000e et seq. against H.N. McElroy, the Harris County Justice of the Peace, and Harris County in the United States District Court for the Southern District of Texas. The DOJ sought injunctive relief and demanded a trial by jury, alleging that the defendant violated Title VII by discriminating against employees on the basis of their race and sex.The alleged discrimination occurred …

On May 12th, 2000, the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII, 42 U.S.C. § 2000e et seq. against H.N. McElroy, the Harris County Justice of the Peace, and Harris County in the United States District Court for the Southern District of Texas. The DOJ sought injunctive relief and demanded a trial by jury, alleging that the defendant violated Title VII by discriminating against employees on the basis of their race and sex.

The alleged discrimination occurred against a black female formerly employed in the office of the Harris County Justice of the Peace, and similarly situated black females. This discrimination took the form of subjecting them to sexual harassment that adversely affected the terms, conditions, and privileges of their employment, and failing or refusing to take appropriate action to remedy the discriminatory treatment. Furthermore, the complaint states that the defendant discriminated against the black female by constructively discharging her.

Her motion to intervene having been granted, the intervenor filed her complaint on October 10th, 2000, although this document is not available. On March 6th, 2002, the court (Lynn N. Hughes) referred the case for mediation.

A consent decree between the United States and the defendant was entered on April 30th, 2002. The decree listed specific individual relief in the form of monetary compensation. It also outlined general injunctive relief, including the prohibition against sexual harassment and retaliation. According to the decree, the JP 4-1 must adopt a JP 4-1 anti-sexual harassment and anti-retaliation policy and procedures no later than forty-five days after entry of the decree. This policy must include the name(s) and telephone number(s) of each official designated by the JP 4-1 and Harris County to receive sexual harassment complaints, and a statement that the supervisors shall take complaints seriously. The policy must also state that a supervisor who is aware or should have been aware of sexual harassment against an employee but fails to report it to the Harris County official designated for such complaints shall be subject to discipline up to and including dismissal. Furthermore, the policy must be distributed to all current and future employees; with five days of receipt of the policy, each employee must sign an acknowledgment that s/he has read and understood it, and this acknowledgment must be placed in each employee's personnel file. The defendants must also provide sexual harassment training, and retain for the duration of the decree all records necessary to monitor its implementation.

The court (Lynn N. Hughes) retained jurisdiction for a period of one year from the date of the consent decree.

On May 10th, 2002, the court (Lynn N. Hughes) granted the motion to dismiss the case with prejudice.

Summary Authors

Jennifer Hau (10/29/2007)

People


Judge(s)

Hughes, Lynn Nettleton (Texas)

Attorneys(s) for Plaintiff

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

Fenton, William B. (District of Columbia)

Leggott, Charles E. (District of Columbia)

Mosbacker, Mervyn Milton Jr. (Texas)

Attorneys(s) for Defendant

Adams, J. Kent (Texas)

Aldis, Jay R (Texas)

Turner, Bobby Nick (Texas)

Other Attorney(s)

Active

Judge(s)

Hughes, Lynn Nettleton (Texas)

Attorneys(s) for Plaintiff

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

Fenton, William B. (District of Columbia)

Leggott, Charles E. (District of Columbia)

Mosbacker, Mervyn Milton Jr. (Texas)

Attorneys(s) for Defendant

Adams, J. Kent (Texas)

Aldis, Jay R (Texas)

Turner, Bobby Nick (Texas)

Other Attorney(s)

Sinderson, Mary L. (Texas)

Documents in the Clearinghouse

Document

4:00-cv-01617

Docket

United States v. McElroy and Harris County

May 10, 2002

May 10, 2002

Docket
1

4:00-cv-01617

Complaint

May 12, 2000

May 12, 2000

Complaint
34

4:00-cv-01617

Mediation Order

United States v. McElroy and Harris County

March 7, 2002

March 7, 2002

Order/Opinion
35

4:00-cv-01617

Consent Decree

April 30, 2002

April 30, 2002

Settlement Agreement

Resources

Docket

Last updated Aug. 11, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT by USA filed; (bchurchill) (Entered: 05/15/2000)

May 12, 2000

May 12, 2000

2

ORDER for Conf set initial pretrial conference for 4:30 9/11/00 before Judge Lynn N. Hughes , entered; Parties notified. (bchurchill) (Entered: 05/15/2000)

May 12, 2000

May 12, 2000

3

CERTIFICATE OF INTERESTED PARTIES by H N McElroy, Harris County , filed. (hlerma) (Entered: 06/26/2000)

June 23, 2000

June 23, 2000

4

NOTICE CERTIFICATE OF INTERESTED PARTIES by USA , filed. (hlerma) (Entered: 06/26/2000)

June 26, 2000

June 26, 2000

5

ANSWER to Complaint by H N McElroy, Harris County (Added attorney ), filed.; jury demand (hlerma) (Entered: 07/20/2000)

July 19, 2000

July 19, 2000

6

JOINT DISCOVERY/Case Management Plan by USA, H N McElroy, Harris County , filed. (hlerma) (Entered: 09/06/2000)

Sept. 5, 2000

Sept. 5, 2000

7

ORDER pretrial conference set 10/16/00 at 4:30 pm before Judge Lynn N. Hughes , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 09/15/2000)

Sept. 14, 2000

Sept. 14, 2000

9

MOTION to intervene by Pearlene Evans , Motion Docket Date 10/24/00 [9-1] motion , filed. (hlerma) (Entered: 10/05/2000)

Oct. 4, 2000

Oct. 4, 2000

10

ORDER granting [9-1] motion to intervene by Pearlene Evans , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 10/16/2000)

Oct. 10, 2000

Oct. 10, 2000

11

CONFERENCE MEMORANDUM held; Apps: Sinderson, Leggott and Aldis. Order to be entered. Reset pretrial conference for 2:30 10/23/00 before Judge Lynn N. Hughes , entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 10/16/2000)

Oct. 10, 2000

Oct. 10, 2000

12

ORDER McvElroy's oral objection is overruled; Pearland Evans may intervene. McElroy will depose Evans at 8:30 By noon, 10/11/00, Evans will give McElroy work-related information about Pearlene Evans. By noon, 10/11/00, Evans will give McElroy information about her health claims and doctor visits for the last ten years. By 10/20/00, Evans will produce a spreadsheet listing all jobs, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) Modified on 10/16/2000 (Entered: 10/16/2000)

Oct. 10, 2000

Oct. 10, 2000

13

NOTICE by USA to take deposition of Carolyn F Phillips 10/11/00, filed. (hlerma) (Entered: 10/16/2000)

Oct. 10, 2000

Oct. 10, 2000

23

Intervenor's COMPLAINT by Pearlene Evans against H N McElroy, Harris County , filed (hlerma) (Entered: 02/08/2001)

Oct. 10, 2000

Oct. 10, 2000

14

CONFERENCE MEMORANDUM Pretrial Conf. held; Apps: Leggatt by phone , Turner, Aldis and Sinderson. McElroy will expeditionsly finish deposing Pearlene Evans. The government may depose the former supervisor, Betty Terrell, and the two current supervisors. The parties may depose Carol Montgomery. terminated deadlines , et pretrial conference for 2:00 11/13/00 before Judge Lynn N. Hughes , entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (hlerma) Modified on 10/27/2000 (Entered: 10/27/2000)

Oct. 23, 2000

Oct. 23, 2000

16

CONFERENCE MEMORANDUM following pretrial conference held in chambers. Apps: C Leggott by telephone f/pltf; N Turner, L Hulsey f/deft; M Sinderson f/intervenor. Government may depose H N McElroy, judge, and Teresa M DuBose, assistant chief clerk. Harris County district attorney's office will name the person with the most knowledge of the investigation of Pearlene Evans and will produce documents. Turner will call the district attorney. Government may depose the person named but may not subpoena them. McElroy may depose Carolyn Howerlin, Vanessa Hartlet, and Bridget Brophy. Set pretrial conference for 4:30 1/17/01 , entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 12/07/2000)

Dec. 1, 2000

Dec. 1, 2000

17

CONFERENCE MEMORANDUM held in chambers; Apps: Leggott, Turna, Hulsey and Sinderson. Order to be entered. Set review deadline for 2/20/01 before Judge Lynn N. Hughes , entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (hlerma) Modified on 01/25/2001 (Entered: 01/25/2001)

Jan. 17, 2001

Jan. 17, 2001

18

ORDER Harris county will give the gov't copies of all tickets found in Pearlene Evans's desk that shoud not have been there. The county will find out to whom Evans ws supposed to report harassment... By 2/2/01, the county may move for summary judgment. The goverment and Pearlene Evans may respond by 2/16/01. No replies are allowed. The parties will file a joint set of exhibitis with the Ct. entered; Parties notified. (signed by Judge Lynn N. Hughes) (hlerma) (Entered: 01/25/2001)

Jan. 19, 2001

Jan. 19, 2001

19

MOTION for summary judgment by H N McElroy, Harris County, Motion Docket Date 2/22/01 [19-1] motion , filed. (hlerma) (Entered: 02/05/2001)

Feb. 2, 2001

Feb. 2, 2001

20

MOTION to substitute attorney Nick Turner in place of Jay Aldis by H N McElroy, Motion Docket Date 2/27/01 [20-1] motion , filed. (hlerma) (Entered: 02/08/2001)

Feb. 7, 2001

Feb. 7, 2001

21

REQUEST/MOTION for leave to file first amended answer by H N McElroy, Harris County, Motion Docket Date 2/27/01 [21- 1] motion , filed. (hlerma) (Entered: 02/08/2001)

Feb. 7, 2001

Feb. 7, 2001

22

FIRST AMENDED ANSWER to Complaint by H N McElroy, Harris County : amends [5-1] answer , filed.; jury demand (hlerma) (Entered: 02/08/2001)

Feb. 7, 2001

Feb. 7, 2001

25

ORDER granting defts' [20-1] motion to substitute attorney Nick Turner in place of Jay Aldis, who is withdrawn, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 02/13/2001)

Feb. 13, 2001

Feb. 13, 2001

26

ORDER granting defts' [21-1] motion for leave to file first amended answer , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 02/13/2001)

Feb. 13, 2001

Feb. 13, 2001

27

MEMORANDUM by Pearlene Evans in opposition to defts' [19-1] motion for summary judgment , filed (sguevara) (Entered: 02/19/2001)

Feb. 16, 2001

Feb. 16, 2001

28

RESPONSE by USA in opposition to [19-1] motion for summary judgment , filed (hlerma) (Entered: 02/20/2001)

Feb. 16, 2001

Feb. 16, 2001

29

Joint Exhbitis by USA, H N McElroy, Harris County to , filed. (in expandex folder) (hlerma) (Entered: 02/20/2001)

Feb. 16, 2001

Feb. 16, 2001

Deadline updated; set review deadline for 9/10/01 before Judge Lynn N. Hughes (dkelly) (Entered: 08/20/2001)

Aug. 20, 2001

Aug. 20, 2001

30

ORDER denying [19-1] motion for summary judgment , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 11/23/2001)

Nov. 20, 2001

Nov. 20, 2001

31

ORDER reset pretrial conference for 9:30 12/17/01 before Judge Lynn N. Hughes , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 11/23/2001)

Nov. 21, 2001

Nov. 21, 2001

32

CONFERENCE MEMORANDUM Pretrial Conf. held; Apps: Leggatt, Sinderson, Turner and Hulsey. Discovery on the issue of damages is stayed until the government and Harris County reach a procedural solution. Harris County and Pearlene Evans will talk about mediation. Parties to file a one-page status report by 2/28/02 , and set review deadline for 3/4/02 before Judge Lynn N. Hughes , entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 12/20/2001)

Dec. 17, 2001

Dec. 17, 2001

33

JOINT STATUS REPORT by USA, Pearlene Evans, Harris County , filed. (hlerma) (Entered: 03/04/2002)

Feb. 28, 2002

Feb. 28, 2002

34

MEDIATION ORDER, Under Local Rule 16, this case is referred for mediation: James Greenwood. Within ten days of the mediation, the mediator will file the memorandum required by Local Rule 16.4K2. No information about the mediation, other than that memorandum, may be given to the court by anyone. All dates in the scheduling order are suspended. If mediation is unsuccessful, the court will enter a scheduling order. Everything is stayed except for extraordinary emergency motions. mediation deadline is 4/22/02 , entered Parties notified. ( signed by Judge Lynn N. Hughes ) (kprice) Modified on 03/07/2002 (Entered: 03/07/2002)

March 6, 2002

March 6, 2002

Deadline updated; set review deadline for 5/6/02 before Judge Lynn N. Hughes (dkelly) (Entered: 03/07/2002)

March 7, 2002

March 7, 2002

Rec'd Proposed Consent Decree, frwd to crd. (hlerma) (Entered: 04/30/2002)

April 26, 2002

April 26, 2002

35

CONSENT DECREE ORDER , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 05/01/2002)

April 30, 2002

April 30, 2002

Case closed (hlerma) (Entered: 05/01/2002)

April 30, 2002

April 30, 2002

36

NOTICE by James Greenwood III that the case has settled and the mediation has been canceled. (psmith) (Entered: 05/02/2002)

April 30, 2002

April 30, 2002

37

MOTION to dismissal with prejudice by Pearlene Evans, Motion Docket Date 5/23/02 [37-1] motion , filed. (hlerma) (Entered: 05/06/2002)

May 3, 2002

May 3, 2002

38

ORDER granting [37-1] motion to dismissal with prejudice , All of Intervenor Pealene Evans' claims against the Defts Harris County and H N McElroy, are dismissed with prejudice entered; Parties notified. (signed by Judge Lynn N. Hughes) (hlerma) (Entered: 05/15/2002)

May 10, 2002

May 10, 2002

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: May 12, 2000

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States, on behalf of a former black female employee

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

County of Harris, County

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

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2002 - 2003

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Sex discrimination

Race:

Black

Affected Gender:

Female