Karen Walters Lawsuit

I
AO 4-10 (Rev. 02,09) Summons in a Civil Action
United States District Court

for the
Middle District of North Carolina
^i-Lfcj VjH,D
KAREN A. WALTERS
^0 2 4 2012
Gty Oak's (Mos
Civil Action No. 1:12-CV-178
Defendant
SUMMONS IN A CIVIL ACTION
To: (Defendant's name andaddress) City of Greensboro, North Carolina, c/o City Manager
Melvin Municipal Office Bldg., 300 W. Washington St.

Greensboro, NC 27401
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Robert M. Elliot
Elliot Pishko Morgan PA

426 Old Salem Road Winston-Salem NC 27101
(336) 724-2828
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
John S. Brubaker
\.4v <~* (&/
February 22. 2012
Clerk
/s/ Jamie Sheets Deputy Clerk
-\^rc-r*t^y
Date
Co-1 Uiuncmr
AO 440 (Rev.02/09) Summonsin a Civil Action (Page2)
Civil Action No. 1:12-CV-178
PROOF OF SERVICE
(Thissection should not befiled with the court unless required by Fed. R. Civ. P. 4 (I))
This summons for (name ofindividual and title, ifany)
was received by me on (date)
O I personally served the summons on the individual at (place)

on (date) ; or
O I left the summons at the individual's residence or usual place of abode with (name)
, a person ofsuitable age and discretion who resides there,
on (date)
, and mailed a copy to the individual's last known address; or

, who is
O I served the summons on (name ofindividual)
designated by law to accept service of process on behalf offrame oforgantaiion)

on (date) ; or
G I returned the summons unexecuted because
; or
O Other (specify):
My fees are S
for travel and S
for services, for a total of $
o.OO
I declare under penalty of perjury that this information is true.
Date:
Server's signature
Printed name and title
Server's address
Additional information regarding attempted service, etc:
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
1:12-CV-178
KAREN A. WALTERS, Plaintiff,
v.
COMPLAINT
CITY OF GREENSBORO, NORTH CAROLINA,
Defendant.
The plaintiff, Karen A. Walters, complaining of defendant, alleges the following:

ACTION 1.
Plaintiff, a certified law enforcement officer and a lieutenant employed
by the Greensboro Police Department, a department of the City of Greensboro,

institutes this action to address sex discrimination and retaliation against plaintiff as
a result of her reports of and opposition to discriminatory practices in the workplace in the course of her employment with the Greensboro Police Department. Because
plaintiff has spoken out against such practices, she has been subjected to severe
damages to her reputation and career.
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JURISDICTION AND VENUE
2.
Plaintiff alleges violations of Title VII of the Civil Rights Act of 1964,
as amendedby the Equal Employment Opportunity Act of 1972,42 U.S.C. 2000e

et seq.; and violations of plaintiffs rights under the United States Constitution
pursuant to 42 U.S.C. 1983.
3.
Jurisdiction of this Court is invoked pursuant to 42 U.S.C.
2000e-5(f)(3); 42 U.S.C. 1983; and 28 U.S.C. 1331.
4.
The unlawful practices alleged below were committed within the
Middle District of the State of North Carolina, and venue is therefore proper in this Court pursuant to 28 U.S.C. 1391 and 42 U.S.C. 2000e-5(f)(3).
PARTIES
5.
The plaintiff, Karen A. Walters, is a female citizen of the United States
and a resident of Guilford County, North Carolina. At all times pertinent to this
action, plaintiff was an "employee" within the meaning of 42 U.S.C. 2000e(f).

6. The defendant City of Greensboro ("City") is a municipal corporation
established pursuant to N.C. Gen. Stat. 160A-1, et. seq., as defined and described
in N.C. Gen. Stat. 160A-11. In the exercise of its statutory powers, defendant City has established and operates the Greensboro Police Department ("GPD") as a
department of the City. At all times relevant to this action, defendant City acted
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through its managers and policymakers, including its Chief of Police and City
Manager; and the acts, edicts, and practices of these persons represent the official
policies of defendant City. At all times relevant to this action, defendant City was
the "employer" of the plaintiff within the meaning and definition of 42 U.S.C. 2000e(b), and a "person" within the meaning and definition of 42 U.S.C. 1983.
FACTS
7.
Plaintiff is a law enforcement officer, and has been certified by the
State of North Carolina since 1986.
8.
Plaintiffwas initially employed by defendant City on June 1,1988, as a
patrol officer.
9.
Plaintiff excelled in her performance and, prior to the events which led
to this action, was promoted to Police Officer II in 1989; corporal in 1999; and
sergeant in 2002.
10.
On July 1, 2007, plaintiff was promoted to the position of lieutenant.
In this position plaintiff was responsible for the direction and control of the
personnel within her division to ensure the proper performance of duties and
adherence to established rules, regulations, policies and procedures. As lieutenant,
plaintiffwas also responsible for assuming command of the division in the absence
of her captain/commanding officer.
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11.
In her position as lieutenant, plaintiff has served in the criminal
investigations division, and the patrol division of the GPD.
12.
At all times plaintiff has excelled in her performance as a lieutenant,
and has met or exceeded any reasonable expectations of defendant.

13. As a result of her performance, plaintiff has received periodic merit
raises, excellent reviews, and commendations for her work.
Plaintiffs Reports of Hostile Work Environment
14.
From December, 2007, to June, 2008, plaintiff worked under and
reported to a male captain of the GPD. The captain is referred to below as "her captain" or "plaintiffs captain" during the time of her assignment to his division, or
as "plaintiffs 2007-2008 Captain" thereafter.
15.
During this period, plaintiff continued to perform at the highest level in
carrying out her responsibilities to GPD.
16.
Plaintiffs captain was abusive and aggressive towards plaintiff, and
treated her in an extremely condescending manner because she was a female.
17.
Specifically, during this period her captain engaged in lengthy verbal
tirades and diatribes against plaintiff; wrote lengthy demeaning e-mails to plaintiff;
demanded that plaintiff treat some officers under her supervision in a favorable
manner; and publically berated plaintiff in front of other officers.
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18.
At times during her captain's most aggressive tirades, plaintiff feared
for her physical safety. 19. Plaintiff attempted to address the problems through direct
communication with her captain, but was unsuccessful.

20. When plaintiff complained about her captain's sexually discriminatory
conduct, she was initially told by her superiors that she should "go along" with it,
rather than complaining. 21. In or about March, 2008, Interim Chief Tim Bellamy was promoted to
Chief of the GPD.
22.
Plaintiff raised issues concerning her captain's discriminatory conduct
with Chief Bellamy, and requested transfer to another division.
23.
In response, Chief Bellamy informed plaintiff that she could be
transferred only if she accepted a demotion. Plaintiff refused demotion.
24.
The conduct of plaintiffs captain, as described above, created a
sexually hostile work environment which was offensive and abusive towards
plaintiff and other women.
25.
As a direct result of her captain's treatment, plaintiff was severely
distressed, and her health was threatened.
26.
Finally, in June, 2008, plaintiff was transferred out of her captain's
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division as a result of her continued reports of his abusive, aggressive, and
threatening conduct.
27. Plaintiff was transferred to the patrol division as a watch commander.
As watch commander, plaintiff coordinated and supervised the delivery of police services throughout the entire city. 28.
her duties.
Plaintiff continued to exceed all performance standards in carrying out
29.
Following her transfer, plaintiffs 2007-2008 Captain continued to
harass plaintiff.
30.
On or about July 18, 2008, plaintiffs 2007-2008 Captain delivered to
plaintiffa lengthy multi-page evaluation of her performance for the year in which
she had served under his command. The evaluation was untrue, unfair and
extremely demeaning.
31.
The evaluation of plaintiff by plaintiffs 2007-2008 Captain was the
only evaluation she had received as a lieutenant with GPD that had been lower than
"Outstanding" (Level V) or "ExceedsExpectations" (Level IV). 32. Plaintiff appealed her evaluation by plaintiffs 2007-2008 Captain, and
raised issues concerning the continuing hostile work environment caused by the
discriminatory conduct of plaintiff s 2007-2008 Captain.
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33.
Ultimately, plaintiff was successful in demonstrating that the
evaluation by plaintiffs 2007-2008 Captain concerning her performance was unfair, and did not reflect her performance, and the evaluation was overturned. In its
place, an Assistant Chief evaluated her at Level IV, "Exceeds Expectations," which
more accurately reflected her performance for the 2007-2008 year.
34.
Although plaintiff prevailed on her appeal of the evaluation, the GPD
failed to expunge the evaluation from her personnel file, and failed to commit to
correcting the hostile work environment that had been created by plaintiffs
2007-2008 Captain, and tolerated by Chief Bellamy.
35.
Thereafter, plaintiffs 2007-2008 Captain continued harassing plaintiff
through personal confrontations and e-mails.
36.
Consequently, on or about September 22, 2008, because her efforts for
corrective action had been unsuccessful, plaintiff filed a grievance ("Grievance") to defendant City's Human Resources (HR) Department concerning the evaluation by
plaintiffs 2007-2008 Captain and the failure of the GPD to expunge it, and the
failure of the GPD to take corrective action to address sex discrimination in the
workplace. Plaintiffrequested an investigation and immediate corrective action so

that neither she nor other female employees would have to endure the hostile work
environment created and perpetuated by plaintiffs 2007-2008 Captain and the GPD.
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37.
On or about September 25, 2008, plaintiff met with defendant City's
officials. At this meeting, the City Human Resources (HR) employee assigned to the GPD informed all present that plaintiff had presented evidence of a hostile work
environment.
38.
Plaintiffs reports of plaintiffs 2007-2008 Captain's conduct were also
referred to the Internal Affairs (IA) Department for investigation.
39.
Plaintiffpursued her Grievance and complaints through the appropriate
channels according to defendant City's procedures in order to raise the awareness and consciousness of City and GPD officials of significant problems within the
GPD.
40.
Plaintiff was subsequently advised that a full investigation had been
conducted concerning the conduct of plaintiffs 2007-2008 Captain, and that the findings of the investigators had been submitted to Chief Bellamy.
41.
Over the next several months, plaintiff repeatedly requested that she be
provided a copy of the findings of her Grievance in accordance with the grievance
procedure.
42. lost. Plaintiff was informed on one occasion that the Grievance had been
43.
Plaintiff was advised by various defendant City officials, including an
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Assistant City Manager, that in the interest of her career and promotion potential with GPD, she should withdraw or cease her pursuit of her Grievance.
44. Plaintiff was described by defendant City officials as a "troublemaker,"
and by other epithets because she pursued her Grievance and the IA complaint concerning the sexually discriminatory conduct and environment of the GPD. First Application for Promotion to Captain 45. As of February, 2009, there were approximately 13 captains in the
GPD, 11 of whom were male, and 2 of whom were female.
46.
At or prior to that time, Chief Bellamy notified members of the
department that the GPD would be filling positions of captain, and that current lieutenants could apply for the positions pursuant to the promotion policy then in
place.
47.
The promotion policy in effect at that time pertaining to the promotion
of lieutenant to captain ("Promotion Policy #1") provided that applicants for promotion were required to have two years of service as lieutenants; that applicants would be required to go through an assessment, at the conclusion of which each
applicant would be ranked according to the applicant's performance during the

assessment; that the "Rule of Five" would prevail, requiring that the Chief of Police would make the next five promotions to captain from the first five candidates on the
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list (firstband), andthat theirpriority in this regard wouldcontinue for the following
two years (or thereafter, until the next assessment); and that candidates from the
second five (second band) could not be selected until the first five had been
promoted; and that upon each vacancy ofthe position of captain, the GPD would fill
the vacancy within 90 days. 48. Plaintiff applied for the position of captain pursuant to Promotion
Policy # 1, and completed the required assessment on or about February 16,2009. 49. On or about February 19, 2009, plaintiff learned that she had ranked
fourth in the field of 13 applicants.
50.
The other four applicants in the top five performers of the promotional
test were male officers.
51.
On about February 24,2009, Chief Bellamy ofthe GPD announced that
three male officers who had ranked in the top three among the top five performers of
thepromotional test werebeing promoted to the position of captain, effective March

16,2009.
52.
Under Promotion Policy #1, plaintiff and one other lieutenant, a male
officer who ranked behind plaintiff in the number five spot, were eligible and had
priority to move into any opencaptain positions forthe next twoyears, or thereafter,
until the next assessment.
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53.
On January 11, 2010, plaintiff, along with others, received notice that
the number five ranked candidate had been promoted to captain, effective February
1,2010.
54.
55.
Plaintiff was denied promotion to the position of captain at that time.

Plaintiff was better qualified for promotion to captain than the male
applicants promoted from February 2009, to February 1, 2010. 56. Upon information and belief, as of February 1, 2010, the effective date
of the last promotion, the GPD still had 13 captains, 11 ofwhom were male, and 2 of
whom were female.
Plaintiffs Continuing Actions Concerning Hostile Work Environment
57.
On or about February 8, 2010, plaintiff had direct discussions with the
City Manager's Office regarding the continued issues of sexually discriminatory

behavior and retaliation within the GPD.
58.
Plaintiffprovided the Assistant City Manager with facts and documents
concerning her Grievance and continuing concerns of the sexually hostile work
environment within the GPD.
59.
On or about February 17,2010, after repeated requests for findings and
other information regarding her Grievance, plaintiff received a memorandum,

prepared on February 17, 2010, regarding the September 25, 2008 meeting in which
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defendant City acknowledged the hostile work environment created by plaintiffs

2007-2008 Captain and the GPD.
60.
On or about March 25, 2010, after delivering a letter to the Assistant
City Manager documenting their earlier discussions, plaintiff was advised by the
manager that she should stop pursuing the issues or her career with the GPD would
be over.
61.
In May, 2010, plaintiffs 2007-2008 Captain was relieved of his duties
as captain of the GPD. 62. Although plaintiff was entitled to priority for any positions of captain
under the above policy, following the departure of plaintiff s 2007-2008 Captain, a male lieutenant was assigned as "acting captain" over his division. 63. On or about July 9, 2010, plaintiff filed a Charge of Discrimination
with the Equal Employment Opportunity Commission (EEOC), Charge No. 435-2010-00727 ("EEOC Charge # 1") in its Greensboro Regional Office.
64.
Plaintiff charged in EEOC Charge # 1 that she had been denied
promotion to captain because of her sex, and in retaliation for opposing and raising issues concerning sex discrimination and the hostile work environment, in violation
of Title VII, 42 U.S.C. 2000e-2 and -3.
65. In or about July, 2010, Chief Bellamy retired.
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66.
On or about August 4, 2010, plaintiffs 2007-2008 Captain was
terminated by the GPD. Second Application for Promotion to Captain
67.
As of August, 2010, there were one or more open positions of captain
that had not been filled although plaintiff had priority for the positions under
Promotion Policy # 1. 68. Previously, on or about January 11,2010, lieutenants were notified that
the new 2010 Interactive Assessment Exercise for the rank of captain would be
offered on September 20-24, 2010.
69.
On January 23-24, 2010, plaintiff declared her intent to participate in
the promotional process for the rank of captain, and to undergo testing on September
20, 2010, although such testing should not have been necessary given her priority
ranking under Promotion Policy # 1.
70.
However, on or about August 25, 2010, the promotion process
scheduled for September, 2010, was suspended and the orientation and testing was
cancelled.
71.
Effective September 1, 2010, Chief Ken Miller was hired as the new
Chief of Police of the GPD.
72.
On or about September 6, 2010, Chief Miller discussed the
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environment and conditions of the GPD while riding in a police vehicle with
plaintiff.
73.
During the discussion, plaintiff informed Chief Miller that she had filed
EEOC Charge # 1 seeking corrective action by defendant City to eliminate discrimination in the GPD workplace.
74. Chief Miller informed plaintiff that he did not approve of her action of
going outside the GPD to raise the issues concerning her discriminatory treatment, and asked if she would drop the charge.
75.
Plaintiff responded that she could not withdraw her charge until the
issues surrounding the denial of her promotion, general sex discrimination and the
hostile work environment within the GPD, were addressed and resolved.
76.
On or about December 15, 2010, Chief Miller announced that new
promotions to the position of captain would be made by the end of January, 2011.
77. On or about January 7, 2011, Chief Miller announced that a new
promotional procedure ("Promotion Policy # 2") would thereafter govern

promotions to the position of captain. 78. Promotion Policy # 2 removed the eligibility requirement that required
service as a lieutenant for two years as a condition of eligibility for promotion to

captain, and permitted all lieutenants to test, regardless of seniority.
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79.
Promotion Policy # 2 eliminated the Rule of Five under Promotion
Policy # 1, which gave priority to candidates who had tested in the top five
applicants in the previous testing. 80. Consequently, plaintiff was deprived of her priority which she had
earned as a result of her ranking within the top five performers under the previous testing.
81.
Promotion Policy # 2 required a written test, an oral test, a peer
assessment and "input" of the assistant chiefs.
82.
The testing under Promotion Policy # 2 was subjective, and was not
job-related, either by design or by result. 83. Promotion Policy # 2 provided that Chief Miller would have sole
discretion in the selection of positions, and that any appeal of the decision would be
decided by Chief Miller.
84.
Prior to the testing for promotions to the position of captain, it was
known in the GPD that one of the two female captains was retiring in the Spring of 2011. In order to fill her position immediately, Chief Miller directed (through an assistant chief) that she give notice of her retirement earlier than she had anticipated. The female captain complied and ultimately retired, effective May 1, 2011.
85. Plaintiffwas one of 10 applicants for the open positions ofcaptain, 6 of
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whom were male, and 4 of whom were female.
86.
Plaintiff performed well on all phases of the performance tests under
Chief Miller's Promotion Policy # 2. 87. On or about February 11, 2011, Chief Miller announced that 3
applicants had been selected for promotion to the position of captain, all of whom
were male officers.
88.
captain.
Accordingly, plaintiff was again denied promotion to the position of
89.
Two of the individuals promoted to the position of captain were male
officers who had scored in the second band of testing in 2009, ranked 6 through 10,
behind plaintiff, who had ranked in the top band. 90. The third officer promoted to the position of captain was a male
candidate who had been a lieutenant for less than two years, and would have been
ineligible for the position under Promotion Policy # 1. 91. Plaintiff was better qualified for promotion to captain than the male
applicants promoted in February, 2011.
92.
On or about March 9, 2011, plaintiff filed her second Charge of
Discrimination with the EEOC, Charge No. 435-2011-00360 ("EEOC Charge # 2")
in its Greensboro Regional Office.
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93.
Plaintiff charged in EEOC Charge # 2 that she had been denied
promotion to captain because of her sex, and in retaliation for her complaints of sex discrimination, and her filing of EEOC Charge # 1, in violation of Title VII, 42
U.S.C. 2000e-2 and -3.
94.
Upon information and belief, following the effective date of the
promotions and after the female captain's retirement, effective May 1, 2011, there
were 13 captains within the GPD, only one of whom was female.
95.
Upon information and belief, a female has not been promoted to the
position of captain in the GPD since April, 2007.

Additional Facts
96.
As described above, the conduct of plaintiffs 2007-2008 Captain was
severe and pervasive, and created an abusive and hostile work environment,
permeated withdiscrimination, which detrimentally andmaterially altered plaintiffs

conditions of employment, and disrupted the performance of her job.
97. From December, 2008, to the present, plaintiff has engaged in
protected activity within the meaning of Title VII, and under the Constitution, by
complaining and reporting to defendant City's managers concerning sex
discrimination in the workplace.
98.
Plaintiff engaged in protected activity within the meaning of Title VII,
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and under the Constitution, by filing Charges of Discrimination with the EEOC. 99. At all times pertinent to this action, defendant City, including its
managers and its Chief of Police, was responsible for the hiring, training,
supervision, discipline, and retention of the City's officers; and was further
responsible for enforcing policies, regulations and rules to insure that its employees complied with the laws of the State of North Carolina and of the United States. 100. During the time period pertinent to this action, defendant City, including its managers and Chief of Police to whom it had delegated such duties,
failed to carry out their official responsibilities and duties, as follows:

a. In failing to establish reasonable policies and to take reasonable
precautions in the hiring, promotion and retention of officers, including

specifically plaintiffs 2007-2008 Captain;
b. In failing to train or instruct its managers, Chief of Police and other
employees who had demonstrated a discriminatory animus;

c. In failing to supervise its managers, Chief of Police and other
employees who had demonstrated a discriminatory animus;

d. In creating and permitting the continuation of a hostile work environment in which plaintiffs work performance was disrupted;
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e. In retaliating against plaintiff for her reports and complaints of discrimination in the GPD workplace and her requests for assistance and protection;
f. In ratifying, condoning and acquiescing in the discriminatory and
retaliatory actions of the managers, Chief of Police and other

employees;
g. In failing to takepromptcorrective and/ordisciplinary action to address

discrimination in the GPD workplace; and
h. In other acts and omissions.
101. Upon information and belief, the abuse to which plaintiffwas subjected
was consistent with a custom, policy, pattern and practice of the GPD of gender discrimination in its promotional practices, and retaliation against those who have raised issues concerning gender discrimination, including plaintiff; and the
defendant City was deliberately indifferent to the repeated violations of the civil and
constitutional rights of plaintiff and other employees who were subjected to
unlawful discrimination in the GPD workplace.
102. At all times pertinent to this action, with respect to the decisions made and actions taken regarding plaintiff, Chief Bellamy and Chief Miller were each
acting under color of state law and authority, within the scope of his employment
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with defendant, and in furtherance of his employer's business.
103. At all times pertinent to this action, defendant City condoned,
acquiesced in, and ratified the discriminatory conduct of the GPD and its officers,
and acted with gross and deliberate indifference to plaintiffs rights to work in an
environment free of sexual discrimination.
104. At all times pertinent to this action, Chief Bellamy or Chief Miller,
respectively, was the highest decisionmaker with respect to employees of the GPD, and was responsible for providing and implementing lawful policies concerning
promotions within the GPD.
105. Defendant City failed to provide fair and adequate procedures for
promotions.
106. Defendant City failed to provide fair and adequate procedures for
grievances and/or failed to follow its established policies, procedures, and directives
regarding grievances and complaints.
107. Defendant City failed to monitor and supervise the Chief of GPD with
respect to his obligations to provide a policy of promotions free from sex

discrimination and retaliation for reporting the sexually hostile work environment of
the GPD.
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ADMINISTRATIVE PROCEDURES
108. As alleged above, on or about July 9, 2010, plaintiff filed a Charge of

Discrimination and Retaliation (EEOC Charge # 1) with the Equal Employment
Opportunity Commission in its Greensboro Area Office in Greensboro, North
Carolina. The plaintiffs EEOC Charge # 1 alleged that defendants had engaged in
unlawful sex and race discrimination, and retaliation against plaintiff in the denial of
her promotion in February, 2010, and in subjecting plaintiff to a hostile work

environment.
109. On or about March 7, 2011, plaintiff filed a Charge of Discrimination and Retaliation (EEOC Charge # 2) with the Equal Employment Opportunity
Commission in its Greensboro Area Office in Greensboro, North Carolina. The
plaintiffs EEOC Charge # 2 alleged that defendant had engaged in unlawful sex
discrimination and retaliation against plaintiff in the denial of her promotion in
February, 2011.
110. On January 24,2012, the United StatesDepartment ofJustice issued its
Notices of Right to Sue on plaintiffs EEOC Charge #1 and EEOC Charge # 2, which plaintiffreceived thereafter. Each notice provides that plaintiffhas 90 days
from her receipt ofthe notice to file legal action on her federal civil rights claims for
sex discrimination and retaliation pursuant to 42 U.S.C. 2000e-5(f).
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111.
action.
Plaintiff has complied with all procedural prerequisites to filing this
FmST CLAIM FOR RELIEF Title VII Claim for Sex Discrimination and Retaliation
112. Plaintiff hereby incorporates the foregoing paragraphs, as if fully set

out herein.
113. The defendant City has committed acts and followed policies and
practices which discriminated against plaintiff because of her sex, and retaliated
against plaintiff because of her opposition to sex discrimination and a hostile work
environment, in violation of 42 U.S.C. 2000e-2 and 2000e-3.
114. Specifically, defendant City, through the GPD, discriminated and

retaliated against plaintiff as follows:
a. In creating and permitting a sexually hostile work environment in

which plaintiff was required to work;
b. In repeatedly denying plaintiffa promotion to the position of captain; c. In its pattern and practice of discrimination of women in the GPD,
including plaintiff;
d. In retaliating against plaintiff for her opposition to and complaints of

sex discrimination in promotions and a hostile work environment; and
e. In other acts of sex discrimination and retaliation against plaintiff.
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115. As a proximate result of defendant City's violations of plaintiffs civil rights, plaintiffhas suffered damages, including loss of income and benefits; mental anguish and emotional distress; embarrassment and humiliation; loss of quality and enjoyment of life; loss of reputation; and other damages to be proven at trial.
Plaintiff is entitled to recover her compensatory damages pursuant to 42 U.S.C.
1981a and 2000e-5.
116. Plaintiff is entitled to an immediate promotion to the position of
captain; and other equitable relief as necessary to remedy the effects of defendant
City's pattern and practice of sex discrimination against plaintiff and other female
employees of the GPD, and to protect plaintiff and other female employees from
future violations of their rights.
SECOND CLAIM FOR RELIEF
42 U.S.C. 1983 ViolationEqual Protection

forth herein.
118. In the discriminatory and retaliatory treatment of plaintiff, Chief
Bellamy and Chief Miller, respectively, each acting under color of state and local
law, denied to plaintiff her Constitutional right to equal protection of the law, to be
free from sex discrimination and retaliation, as guaranteed by the Fourteenth
Amendment to the United States Constitution, and other provisions offederal law, in
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violation of 42 U.S.C. 1983. 119. Specifically, defendant City, through the GPD, discriminated and
retaliated against plaintiff as follows:
a. In creating and permitting a sexually hostile work environment in

which plaintiff was required to work;
b. In repeatedly denying plaintiff a promotion to the position of captain;

c. In its pattern and practice of discrimination of women in the GPD,
including plaintiff;
d. In retaliating against plaintiff for her opposition to and complaints of

sex discrimination in promotions and a hostile work environment; and
e. In other acts of sex discrimination and retaliation against plaintiff.
120. Defendant is liable for the violation of plaintiffs Constitutional rights
on the grounds that the violations arose from the defendant City's official action,
policy or custom in condoning and failing to address sex discrimination within the
GPD; from the actions and omissions of the Chief of Police of the GPD and top
officials of the defendant City, the final decisionmaking authorities concerning
policies and practices of the GPD; from the defendant City's failure to train and supervise the Chief of Police of the GPD with respect to sex discrimination; and
from the defendant City's deliberate indifference to sex discrimination occurring
24
Case 1:12-cv-00178
Document 1
Filed 02/21/12
Paae 24 of 28
within the GPD.
121. As a proximate result of defendant's violations of plaintiffs
Constitutional rights, plaintiff has suffered damages, including loss of income and
benefits; mental anguish and emotional distress; embarrassment and humiliation;
loss of quality and enjoyment of life; loss of reputation; and other damages to be proven at trial. Plaintiff is entitled to recover her compensatory damages pursuant
to 42 U.S.C. 1981a.
122. Plaintiff is entitled to immediate promotion to the position of captain;
and other equitable relief as necessary to remedy the effects of defendant City's
pattern and practice of sex discrimination against plaintiff and other female employees of the GPD, and to protect plaintiff and other female employees from
future violations of their rights.
THIRD CLAIM FOR RELIEF
42 U.S.C. 1983 ViolationFirst Amendment

forth herein.
124. Issues of sex discrimination are a matter of public concern to the

citizens of the City of Greensboro.
125. In her reports of sex discrimination and a sexually hostile work

environment, plaintiff exercised her right to free speechunder the First Amendment
25
Case 1:12-cv-00178 Document 1
Filed 02/21/12
Paae 25 of 28
to the United States Constitution, reporting on matters and issues of public concern
to the citizens of defendant City.
126. Chief Bellamy and Chief Miller, respectively, each acting under color of state and local law, retaliated against plaintiff for her exercise of her First
Amendment rights to free speech in violation of 42 U.S.C. 1983.
127. Defendant City is liable for the violation of plaintiffs Constitutional
rights on the grounds that the violations arose from the defendant City's official
action, policy or custom in condoning and failing to address sex discrimination

within the GPD; from the actions and omissions of the Chief of Police of the GPD
and top officials of defendant City, the final decisionmaking authorities concerning
policies and practices of the GPD; from the defendant City's failure to train and
supervise the Chief of Police of the GPD with respect to sex discrimination; and
from the defendant City's deliberate indifference to sex discrimination occurring
within the GPD.
128. As a proximate result of defendant City's violations of plaintiffs Constitutional right to free speech, plaintiffhas suffered damages, including loss of
income and benefits; mental anguish and emotional distress; embarrassment and humiliation; loss of quality and enjoyment of life; loss of reputation; and other
damages to be proven at trial. Plaintiff is entitled to recover her compensatory
26
Case1:12-cv-00178
Document 1
Filed 02/21/12
Paae 26 of 28
damages pursuant to 42 U.S.C. 1981a.
129. Plaintiff is entitled to immediate promotion to the position of captain,

and other equitable relief as necessary to remedy the effects of defendant City's
pattern and practice of sex discrimination against plaintiff and other female employees of the GPD, and to protect plaintiff and other female employees from future violations of their rights.
REQUEST FOR RELIEF
WHEREFORE, plaintiffhereby requests that this Court provide the following

relief:
A.
A declaratory judgment that the acts, practices and policies of defendant City were in violation of Title VII of the Civil Rights Act of
1964, as amended, and the Constitution of the United States;
B.
An injunction requiring the immediate promotion of plaintiff to the

position of captain of the GPD, with salary increases, benefits and seniority, retroactive to February 2010;
C.
A permanent injunction enjoining defendant City, its officers, agents, employees, and all ofthose acting in concert with defendant City and at its direction, from continuing to engage in the unlawful and
discriminatory policies, acts and practices complained of herein;
27
Case1:12-cv-00178
Document 1
Filed 02/21/12
Paae 27 of 28
D.
Compensatory damages in an amount in excess of $100,000;
E.
Pre-judgment and post-judgment interest on all amounts awarded in

this action;
F.
The costs of this action, including reasonable attorneys' fees as

provided by 42 U.S.C. 2000e-5(k) and 42 U.S.C. 1988; and
G.
Such other and further relief as the Court deems just and proper.
JURY DEMAND
Plaintiffhereby demands a trial by jury with respect to all issues raised herein.
This the 21st day of February, 2012.
/s/Robert M. Elliot
Robert M. Elliot
N.C. Bar No. 7709
ELLIOT PISHKO MORGAN, P.A. Winston-Salem, North Carolina 27101
Telephone: (336) 724-2828 Fax No. (336) 724-3335 rmelliot@epmlaw.com
28
Case1:12-cv-00178
Document 1
Filed 02/21/12
Paae 28 of 28
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA Re: Case 1:12CV178
NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE
Your attention is invited to Title 28 U.S.C. 636(c).
You are hereby notified that if all parties to a civil case consent, the United States
magistrate judges of this district court, in addition to their other duties, may conduct a trial
pursuant to 28 U.S.C. 636(c)(1) and order the entry of a final judgment.
Your decision to consent, or not to consent, to the referral of your case to a United
States magistrate judge for trial and entry ofa finaljudgment must be entirely voluntary. The
judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these
specific purposes. A less than unanimous decision will not be communicated by my office
to either the judge or magistrate judge. Copies of the form for the "Consent to Proceed Before a United States Magistrate Judge" are available from my office.
February 22. 2012
Date
/s/ John S. Brubaker JOHN S. BRUBAKER, Clerk of Court
Case 1:12-cv-00178
Document 3
Filed 02/22/12
Paae 1 of 1
December 14,2011
US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

MEDIATOR LIST
PAGE1
NAME & CONTACT INFORMATION
EXPERTISE AREAS
VITAE
W. Thad Adams, III Adams, Evans, P.A.

Suite 2350 Charlotte Plaza
Copyright, Patent, Trademark
201 South College Plaza

Charlotte, NC
704-375-9249 Anne Micheaux Akwari
28244
Contract, Tort
A.M. Akwari, LLC
4420 Farrington Road

Durham, NC 27707
(919)201-4555
Benjamin Spence Albright 101 Weatherly Square Ramseur, NC 23716 (336) 824-4802
contract, tort, property rights, environmental
yes
Clyde B. Albright
5635 North Church St.
contract, tort, labor, property rights, environmental
no
(336)643-1220
Albert P. Allan 409 East Boulevard
Intellectual Property Rights
Charlotte,
NC
28203
704-371-5605 M.Ann Anderson POB93 214 E. Marion Street
tort, civil rights, labor
yes
Pilot Mountain. NC 27041
(336) 368-9621
Kirk J. Angel The Angel Law Firm, PLLC 177 Sims Parkway
POB 692
contract, labor, tort, civil rights
yes
Harrisburg, N.C. 28075

704-455-3311
Willis Wade Apple

Wolfe & Associates 101 South Main Street
contract, banking, tort, property rights
yes
Kernersville, NC 27284
336-996-3231 Robert F. Baker
contract, tort
yes
SPEARS BARNES BAKER WAINIO BROWN &

WHALEY
3126 Cornwall Road
Durham, NC 27707
(919)489-3553
John J. Barnhardt, III Summa, Allan & Additon, P.A.
contract, tort, property rights, antitrust
yes
11610 North Community House Rd., Suite 200 Ballantyne Corporate Park Charlotte, NC 28277-2199 (704) 945-6725
December 14,2011

MEDIATOR LIST
PAGE 2
EXPERTISE AREAS
VITAE
Ronald Barbee
contract, tort, property rights, banking
no
BARBEE JOHNSON & GLENN POB 21401
(336)379-1630
Jack B. Bayliss, Jr.

CARRUTHERS & ROTH P. 0. Box 540
contract, labor, banking, tort, property rights, securities,

environmental
no
(336)478-1178
Robert A. Beason
Contract, Banking, Tort, Property Rights, Antitrust.

Environmental
Beason & Ellis Conflict Resolution, LLC

Post Office Box 52270
Durham.
N.C. 27717-2270
919-419-9979 Judith G. Behar Post Office Box 10181
contract, tort, civil rights, labor (individual employment)
yes
(336) 323-6922
Stacey Stone Bennett 10925 David Taylor Drive
Suite 100
contract, labor, tort, civil rights
no
Charlotte. NC 28262
(704) 944-5562
William D. Bernard 101 North Columbia St.
no
Chapel Hill. NC 27514 (919)968-1111

Dorothy C. Bernholz
POB 1312
contract, tort, civil rights, property rights(landlord/tenant)
yes
Chapel Hill, NC 27514 (919)962-1303

Donald H. Beskind
contract, tort, civil rights
yes
Twiggs, Beskind, Strickland & Rabenau

150 Fayetteville Street, Suite 1100 Raleigh, NC 27601 (919)828-4357
William A. Blancato
contract, tort, civ. rights, labor, prop, rights, sec, environ.
yes
MCCALL DOUGHTON & BLANCATO. P.L.L.C. 633 W. Fourth St., Ste. 150 Winston-Salem, NC 27101
(336)725-7531
Edward Bograd 310 Robinlynn Road
Matthews, NC 28105
contract, labor, tort, property rights, civil rights, environmental
yes
(704) 321-7948
John J. Bowers P.O. Box 13089
contract, banking, tort, securities
yes
Research Triangle Park, NC 27709 (919)484-2387
December 14,2011

MEDIATOR LIST
PAGE 3
EXPERTISE AREAS
VITAE
Richard T. Boyette
CRANFILL. SUMNER, HARTZOG
POB 27808
contract, tort, property rights
yes
Raleigh. NC 27611-7808 (919)828-5100 Anthony M. Brannon

3817 Somerset Dr.
contract.tort.property rights, environmental
yes
Durham, NC 27707
(919)403-5344
Kenneth S. Broun
yes
UNIVERSITY OF N. C. SCHOOL OF LAW CB# 3380 Van Hecke-Wettach Hall
Chapel Hill, NC 27599-3380 (919)962-4112
John E. Bugg
POB 2811
contract
yes
Durham, NC 27715
(919) 383-9431
Robert M. Burroughs
POB 473234
contract, tort, real property
yes
Charlotte, NC 28247-3234
(704)362-2121
Frank A. Campbell
POB 2248
contract, tort
no
(336) 275-3511 Hugh B. Campbell, Jr. 2030 Carillon BIdg.

227 West Trade St.
contract.tort.civil
yes
rights.labor.prop.rights.antitrust.environmental
Charlotte, NC 28202
(704)372-1282
A. A. Canoutas POB 967 NONE CHECKED
no
Wilmington, NC 28402-0967 (910)762-2448

Karen Estelle Carey
WOMBLE CARLYLE SANDRIDGE & RICE
POD 84
construction law, environmental
yes
Winston-Salem, NC 27120
(336) 721-3536
Kenneth P. Carlson, Jr. CONSTANGY BROOKS & SMITH. LLC
contract, civil rights, labor
100 N. Cherry St.. Ste. 300

Winston-Salem. NC 27101
(336)721-6843
D.Anderson Carmen
contract, tort, civil rights property rights, banking
yes
BELL. DAVIS & PITT, P. A.
100 N.Cherry St.

POB 21029
Winston-Salem. NC 27120-1029
(336) 722-3700
December 14,2011

MEDIATOR LIST
PAGE 4
EXPERTISE AREAS
VITAE
David M. Carter
Property Rights (intellectual property)

28802
Carter, Schnedler & Warnock, PA.

POB 2985
Asheville. NC
828-252-6225
William P. H. Cary
BROOKS PIERCE MCLENDON HUMPHREY &
LEONARD POB 26000
labor, employment discrimination
yes
Greensboro. NC 27420
(336)271-3115 George C. Christie

DUKE UNIVERSITY SCHOOL OF LAW POB 90360
tort yes
Durham. NC 27708-0360
(919)684-2976
Denise S. Cline
contract, civil rights, labor, property rights
yes
MOORE & VAN ALLEN, PLLC

POB 26507
Raleigh. NC 27611 (919)821-6243

Vincent P. Collura
yes
674 Feanington Post

Pittsboro, NC 27312
(919)542-5613 Reginald F. Combs

POB 24009
contract, tort, prop, rights, antitrust banking, sec.
no
(336)725-8165
Robert C. Cone
yes
TUGGLE DUGGINS & MESCHAN. PA.

POB 2888
(336)378-1431
Richard B. Conely
POB 5827
no
Pinehurst, NC 28374
(910)295-7000
James L. Conner, III
Contract, tort, property rights, environmental
yes
Old Durham Library Office Building

311 East Main St.
Durham, NC 27701
(919)683-8688 Sara A. (Sally) Conti

POB 3463
contract, property rights, banking, environmental
yes
Chapel Hill, NC 27515 (919)967-3375

R. Cameron Cooke ALL CATEGORIES
no
100 Wedgedale Ave.

(336) 299-9737
December 14,2011

MEDIATOR LIST
PAGE 5
EXPERTISE AREAS
VITAE
MarkO. Costley
ADAMS, WALL & COSTLEY. L.L.P.
POB 21007
contract, tort, civil rights, labor, banking, securities
yes
Greensboro, NC 27420-1007
Thorns Craven
contract, tort, property rights, civil rights, environmental
no
Mediation, Inc.
POB 15458
(336)777-1477
Auley M. Crouch, III

POB 4
contract, tort, civil rights, banking, environmental
yes
Wilmington, NC 28402 (910)762-0595

William L. Daisy 5504 Mecklenburg Road
no
(336) 558-4255 Benjamin F. Davis, Jr.

3027 Redford Drive
contract, labor, banking, tort, property rights
yes
(336) 282-2095
H. Lee Davis, Jr.
POB 20039
contract, tort, civil rights, environmental
yes
Winston-Salem, NC 27120-0039
(336) 725-8385
Mark A. Davis
labor, tort, civil rights
no
WOMBLE, CARLYLE, SANDRIDGE & RICE

POB 831
Raleigh, NC 27602
(919)755-2191 DaileyJ. Derr
POB 51266
contract, tort, civil rights, property rights
yes
Durham, NC 27717
(919)493-5500
Ken Doss 111-E Shore Lake Dr.
contract.tort, property rights,antitrust,environmental
yes
(336) 508-7902
George P. Doyle
210 North Columbia Street
contract, property rights
no
Chapel Hill, NC 27514 (919)942-4162

Thomas C. Duncan
no
Attorney and Counselor at Law

500-D State Street
(336)274-7243
Stephen Dunn
737 East Boulevard
Contract, Labor, Tort, Civil Rights
Charlotte, N.C. 28203

704-375-6022
December 14,2011

MEDIATOR LIST
PAGE 6
EXPERTISE AREAS
VITAE
Anne L. Duvoisin
yes
A Better Way
Dispute Resolution Services
2700 Old Sugar Road

Durham, NC 27707
(919)493-5093
William Albert Eagles

POB 3112
contract, tort, civ. rights, prop, rights, antitrust, sec
yes
(336) 373-1500
Steven B. Epstein Poyner Spruill LLP

POB 1801
no
Raleigh, NC 27602-1801 (919)783-2846

Melinda Melhorn Evans 111 MacRae Court
yes
Chapel Hill, NC 27516

919-969-8767
Margo F. Evans
contract, tort, labor, prop, rights, antitrust, sec. environ.
yes
640 Fairway Ridge Dr.

West Jefferson, NC 28694
(336) 877-2872
Herberts. Falk,Jr. TURNER ENOCHS LLOYD, PA.
POB 160
contract, tort, banking
no
(336) 373-1300
JackW. Floyd
FLOYD ALLEN & JACOBS POB 1260
contract, tort, property rights, antitrust
no
(336)273-1797
Lynn Fontana
115 E. Main St.
Contract, Labor, Tort, Civil Rights

27701
no
Durham,
N.C.
(919)682-4900 Christie M. Foppiano

110 Oak Island Drive
Contract, Labor, Tort
Cary, N.C.
27513
ALL CATEGORIES yes
919-632-1715
C.Allen Foster
PATTON, BOGGS & BLOW

POD 20004
(336)273-1733
James R. Fox
contract, tort, prop, rights, antitrust, banking, sec, environ.
yes
BELL DAVIS & PITT, PA.

POB 21029
(336) 722-3700
December 14, 2011

MEDIATOR LIST
PAGE 7
EXPERTISE AREAS
VITAE
Susan R. Franklin 1829 E.Franklin St.
contract, labor, prop, rights
yes
Chapel Hill, NC 27514 (919)942-0800

Daniel A. Frazier
no
4216 N Liberty Street

(336) 744-0274
Elliot A. Fus
no
Blanco, Tackabery & Matamoros

110 S. Stratford Road, Ste. 500 Winston-Salem, NC 27114
(336) 293-9000
Jsiubs E Gdt&s
contract, tort
yes
MAUPIN TAYLOR ELLIS & ADAMS, PA.

POD 19764
Raleigh. NC 27619 (919)981-4015

Stuart C. Gauffreau
Contract, Banking, Tort, Property Rights, Anitrust
Yes
Hagan, Davis, Mangum, Barrett & Langley, PLLC

300 N. Greene Street, Suite 200
Greensboro, NC
336-232-0660
M. Blen Gee Jr.
27401
contract, property rights
yes
JOHNSON. HEARN, VINEGAR & GEE. PLLC

POB 1776
Raleigh, NC 27602-1776 (919)743-2200

Ellen R. Gelbin
contract, tort, civil rights, labor
yes
743 Big Tree Drive

Lewisville, NC 27023
(336)945-0214
William B. Gibson
contract, tort, civ rights (emp.), labor (emp.)
yes
331 High St.

(336) 722-6851 Kathy Gleason

POB 2183
yes
Asheville, NC 28802
(704) 252-5530
Henry W. Gorham Teague Campbell Dennis & Gorham

4800 Six Forks Road, Ste 300
contract, tort
yes
Raleigh, NC 27609 (919)873-0166

Angela Newell Gray
GRAY NEWELL. LLP
no
7 Corporate Center Ct., Suite B

(336) 724-0330
December 14,2011

MEDIATOR LIST
PAGE 8
EXPERTISE AREAS
VITAE
William E. Greene 27 Robinhood Road
yes
Asheville. NC 28804
(704) 255-0287 Lynn G. Gullick

Mediation, Inc.
POB 386 contract, tort
yes
Greensboro, NC
27402
(336) 674-5533
Kenneth J. Gumbiner
contract, tort, civ. & prop, rights, antitrust, sec, envir.
yes
TUGGLE, DUGGINS & MESCHAN, PA.

POB 2888
(336) 378-1431
Allen Holt Gwyn
CONNOR, GWYN. SCHENCK, PLLC
POD 20744
contract, labor/emp., banking, tort, civ rights, envir.
yes
(336)691-9222
Stanley F. Hammer
WYATT EARLY HARRIS WHEELER
1912 Eastchester Dr., Suite 400
High Point. NC 27265 (336)884-1000 Ext. 233

Walter L. Hannah ADAMS KLEEMEIER HAGAN HANNAH & FOUTS POB 3463
yes
(336)373-1600 JohnW. Hardy

DOUGLAS RAVENEL HARDY CRIHFIELD & MOSELEY 110 Commerce Place
yes
(336) 378-0580
Jonathan R. Harkavy
POB 29269
contract, tort, civ rights, labor, antitrust, banking, sec, envir.
yes
(336) 370-4200
Robert E. Harrell
tort
no
36 Fairway Drive
Asheville, NC 28805
(704)253-3661
M. Lynette Hartsell
1010 LakeviewDr.
contract, tort, fair debt collections practices

27231
no
Cedar Grove,
NC
(919)732-1277
John R. Haworth HAWORTH RIGGS KUHN & LANEY POB 109
contract, tort, property rights,
no
High Point, NC 27261 (336)883-0191
December 14,2011

MEDIATOR LIST
PAGE 9
EXPERTISE AREAS
VITAE
Joseph A. Hayworth, Jr.

1231 Wales Ct.
contract, tort, civil rights, labor, property rights
no
High Point, NC 27262 (336) 882-7720
Gregory Alan Heafner

1510 Twisted Oak Drive
yes
Chapel Hill, NC 27516 (919)967-8122

Michael E. Helms 331 Forest Hill Drive POB 204
contract, labor, banking.tort, property rights, civil rights,

environmental
Wilkesboro,
NC
28697
336-838-2455
GaryS. Hemric
JAMES. MCELROY & DIEHL
no
600 South College Street

Charlotte. NC 28202
(704) 372-9870 Thomas D. Higgins, III 870 Airport Road Chapel Hill. NC 27514 (919)968-4717
Karl N. Hill, Jr. HILL. EVANS, DUNCAN, JORDAN & DAVIS
POB 989
contract, tort, property rights, banking, environmental
no
yes
(336)379-1390 Thaddeus B. Hodgdon, Esq.

SILVERSTEIN & HODGDON, P.A. 4000 WestChase Blvd., Suite 280
contract, tort
yes
Raleigh, NC 27607 (919)829-3811 C. D. Hogue III 110 West Margaret Lane Hillsborough. NC 27278 (919)732-4865
Patricia L. Holland Jackson Lewis LLP 1400 Crescent Green Suite 215
contract, tort, civil rights (Amer/disabilities Act), property rights
no
Labor, Tort, Civil Rights
Yes
Cary. NC
27518
no
919-424-8608
F. Thomas Holt, III

POB 2275
Fayetteville, NC 28302 (910)323-4600

W. Clary Holt
HOLT SPENCER LONGEST & WALL POD 59
no
Burlington, NC 27216 (336) 227-7461
December 14,2011

MEDIATOR LIST
PAGE 10
EXPERTISE AREAS
VITAE
L. P. Hornthal, Jr.
POB 220
yes
Elizabeth City, NC 27907-0220 (919)335-0871

Donald L. Horowitz DUKE LAW SCHOOL POB 90360
contract, tort, civ. & prop, rights, labor, sec.
yes
Durham, NC 27708-0360
(919)684-6039
Robert N. Hunter, Jr.
POB 20570
contract, tort, civ. & prop, rights, labor, banking
yes
(336)273-1600
David A. Irvin POD 84
no
(336)721-3600
J. Sam Johnson, Jr.
POB 3486
contract, tort, civil rights, property rights, environmental
no
(336) 379-0123 W. Eugene Johnston, III

POD 29043
contract, securities
no
(336)373-1224
Richard F. Kane
Labor, Civil Rights
no
Richard F. Kane, PLLC

2115 Roswell Avenue
Charlotte,
N.C. 28207
(704)469-1889 Terry Richard Kane

Suite 2300, One Wachovia Center
301 South College Street

Charlotte, NC 28202
(704) 342-5250
Richard J. Keshian
yes
KILPATRICK STOCKTON, LLP.

1001 West Fourth Street
(336) 607-7322
Larry S. Kimel 14 Clayton Street
Asheville, NC 28801
contract, tort. civ. rights, prop, rights, banking, sec.
yes
(704) 253-9300
William O. King
POB 51549
tort
no
Durham, NC 27717
(919)493-8411
Alvin Larkin Kirkman POB 2746
contract, tort, civ. & prop, rights, envir.
yes
Raleigh, NC 27602 (919)828-5242
December 14,2011

MEDIATOR LIST
PAGE 11
EXPERTISE AREAS
VITAE
Thomas B. Kobrin
yes
400 West Market St., Ste. 500 Greensboro, NC 27401
(336) 379-9542
Janet Knight Ledbetter
POB 1108
contract,tort,civ.rights,labor,prop.rights,banking, environmental
yes
Hillsborough, NC 27278 (919)732-5741

Louis L. Lesesne, Jr.
1701 South Blvd
yes
Charlotte,
NC 28203
(704) 377-4300
James Lee Lester POB 2974
contract, tort, environmental, property rights
no
Greensboro, NC 27402 (336) 273-4422

J. Anderson Little
contract, tort, civ. rights, labor, prop, rights, environmental
yes
MEDIATION. INC.
POB 16205
Chapel Hill, NC 27516 (919)967-6611 James M. Long

POB 1118
yes
Yanceyville, NC 27279
336-234-9636
Samuel H. Long, III LONG, CLOER & ELLIOTT

419 2nd Street N.W.
yes
Hickory, NC 28601 (704)322-1033 Charles D. Luckey

BLANCO TACKABERY COMBS & MATAMOROS,
PA. POD 25008 contract, tort
no
(336)761-1250
Thomas J. Manley
HUNTON & WILLIAMS POB 109
contract, tort, civ. & prop, rights, labor, antitrust
yes
Raleigh, NC 27602
(919)899-3053
James W. Mason POB 1686
no
Laurinburg, NC 28353 (910)276-8450

Robert D. Mason, Jr.
contract, tort property rights, civil rights
yes
Womble Carlyle Sandridge & Rice

One West Fourth Street
(336)721-3761
December 14,2011

MEDIATOR LIST
PAGE 12
EXPERTISE AREAS
VITAE
G. Emmett McCall 633 West Fourth St.
contract, property rights, banking
no
(336) 725-7531
John N. McClain, Jr.
POB 527
no
Raleigh, NC 27602 (919)828-5952

Charles K. McCotter, Jr.
POB 12800 ALL CATEGORIES
yes
New Bern, NC 28561-2800
(919)635-1005
Robert G. Mclver
no
PATTON. BOGGS & BLOW
500 NationsBank Building POD 20004 101 West Friendly Avenue

(336)273-1733
John B. Meuser
800 St. Mary's St., Ste. 203 Raleigh, NC 27605

919-755-9690 Robert James Miller 3404 Lake Boone Trail
yes
Raleigh, NC 27607 (919)781-8151

Eddie C. Mitchell
contract, tort
yes
Suite 550, NationsBank BIdg.

380 Knollwood Street
(336) 725-9597
Robert A. Monath
Contract, Copyright/Trademark
123 S. Main St., Ste. 201
Salisbury. NC 28144
704-645-0630
Joseph W. Moss
contract, banking, tort, property rights, securities, antitrust
yes
(336)370-1282
M. LeAnn Nease 101 North Columbia Street
contract, antitrust, banking
yes
Chapel Hill, NC 27514 (919)968-1111
Betty J. Pearce
TURNER, ENOCHS & LLOYD
POB 160
contract, tort, labor
yes
(336)373-1300 J. Dickson Phillips III

LEWIS, ANDERSON, PHILLIPS, GREENE & HINKLE, PLLC 141 Providence Road, Suite 200
contract, tort, civ. & prop, rights, labor (emp.), environmental &
intellectual property
yes
Chapel Hill, NC 27514 (919)933-5236
December 14,2011
US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA MEDIATOR LIST
EXPERTISE AREAS
PAGE 13
VITAE
Robert A. Phillips
POB 995
contract, tort, civil rights, property rights, banking
yes
Bumsville. NC 28714-0995
(704) 682-3107
T. Alan Pittman POB 53612
no
Fayetteville. NC 28305 (910)486-0992

AlanN. Post POB 2531
no
High Point, NC 27261 (336) 887-7566

Lacy M. Presnell III
BURNS, DAY & PRESNELL. PA.
POB 10867
contract, tort, property rights, securities
yes
Raleigh, NC 27605 (919)782-1441

Eugene W. Purdom
POB 4544
no
(336)218-0602
J. Brooks Reitzel Jr 101 Neal Place POB 5544
no
High Point. NC 27262

(336) 885-7900
C. Robert Rhodes WOMBLE CARLYLE
intellectual prop rights(incl patents.trademarks&copyrights)
yes
300 N. Greene St., Suite 1900 Greensboro, NC 27401
(336) 574-8040 Elizabeth L. Riley

WOMBLE CARLYLE
POB 831
contract, tort, civil rights, property rights, education law
yes
Raleigh, NC 27602 (919)755-2114

Michael L. Robinson
Contract, Tort, Antitrust
Robinson & Lawing 101 N. Cherry St., Ste. 720

Winston-Salem,
336-631-8500
NC
27101
P. Wayne Robbins
BROWN & ROBBINS, L.L.P.
POB 370
no
Pinehurst, NC 28374
(910)692-4900
Charles B. Robson, Jr.
900 Blenheim
contract, tort, civ & prop rights, antitrust, banking, sec.
yes
Raleigh, NC 27612 (919)786-9679
December 14,2011

MEDIATOR LIST
PAGE 14
EXPERTISE AREAS
VITAE
Richmond W. Rucker
property rights
yes
HUTCHINS, TYNDALL. DOUGHTON & MOORE

POB 20039
(336) 725-8385
Chase Saunders
contract, tort, labor, prop, rights, securities
no
319 S. Sharon Amity Rd., No. 6

Charlotte, NC 28211
(704) 560-0039
James S. Schenck, IV CONNER GWYN SCHENCK. PLLC
POB 30933
contract, property rights, environmental
yes
Raleigh. NC 27622 (919)789-9242

Elizabeth D. Scott
contract, tort
no
Williams, Mullen
POD 1000
Raleigh. NC 27602 (919)981-4004

Johnnie Scott, Jr.
contract, labor, tort, property rights, civil rights
yes
Benicia. CA 94510
(707) 747-0839
William L. Senter POB 2505
yes
Fayetteville, NC 28302 (910)864-6888

A. Lincoln Sherk
no
120 Fayette Street

(336)722-8137 Stanley E. Speckhard 218 West Friendly Avenue

no
(336) 379-9302
Sarah Stevens 1835 Westfield Road POB 667
contract, tort
no
Mt.Airy,NC 27030 (336) 786-5444

JohnT. Stewart Suite 202 143 W. Franklin Street
no
Chapel Hill, NC 27516 (919)929-0386

Arnold M. Stone
contract, tort, property rights, securities
yes
8752 Reed Drive, Suite 3 Emerald Isle, NC 28594
(919)354-5515
Edward Thomhill, III
POB 1350 122 S. Main St.
contract, tort
no
Waynesville. NC 28786 (704) 452-2839
December 14,2011

MEDIATOR LIST
PAGE 15
EXPERTISE AREAS
VITAE
James R. Turner
contract, tort, securities,
no
TURNER, ENOCHS & LLOYD. PA.

POB 160
Greensboro. NC 27402-0160
(336)373-1300 Richard Tyndali 22013 Laurel Hedge Lane

Mooresville. NC 28117
contract, tort, civil rights, property rights, environmental
no
(704) 664-3259
H. Mac Tyson II 100 Hay Street, 1st Floor Fayetteville, NC 28301
ALL CATEGORIES
yes
(910)483-6600
Fred M. Upchurch
POB 29202
no
(336) 273-5992
Philip Van Hoy
737 East Boulevard
Contract, Labor, Civil Rights

28203
yes
Charlotte,
N.C.
(704) 375-6022 Donnell Van Noppen, III

PATTERSON, HARKAVY 8. LAWRENCE, L.L.P.
POB 27927
tort, civil rights, labor,environmental
no
Raleigh. NC 27611 (919)755-1812

Arthur A. Vreeland 4 Parkmont Court
contract, banking, tort, property rights
(336) 288-7500 Anthony J. Vrsecky

380 Knollwood St., Suite 450 Winston-Salem. NC 27103
contract, tort
no
(336)748-1181
George K. Walker
WAKE FOREST UNIVERSITY SCHOOL OF LAW
contract, tort, civ rights, prop, rights, banking, environ.
yes
POB 7206. Reynolds Station

(336) 758-5720
Ralph A. Walker
1817 Canaan Dr.
Commercial, construction, contract, insurance, medical
malpractice, personal; injury, property damage, worker's

compensation, real estate, environomental. contract, tort, civil rights, labor
yes
336-288-1556
William Watts Walker POB 1666
(336) 725-0583
Jonathan Wall
Robertson, Medlin & Blocker, PLLC 127 N. Greene St., 3rd Floor Greensboro, NC 27401
Contract, Labor, Tort, Unfair Trade Practices, Civil Rights, Employment Discrimination
Yes
(336) 378-9881
December 14,2011

MEDIATOR LIST
PAGE 16
EXPERTISE AREAS
VITAE
Percy Lee Wall

POB 3483
contract, tort
no
(336)275-7915 Ray H. Walton

212 Park Avenue Extension
yes
Southport, NC 28461 (910)457-6110

Reagan Hale Weaver
POB 25096
contract, tort, civ & prop rights, labor, antitrust
yes
Raleigh, NC 27611 (919)828-0363
Michael E. Weddington
SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, L.L.P.
POB 2611
contract, tort (business) property rights, banking
yes
Raleigh, NC 27602 (919)821-1220
Dewey W. Wells
POD 84
contract, tort, civ & prop rights, labor, antitrust, envir.
yes
(336)721-3684
R. Michael Wells
yes
WELLS. JENKINS, LUCAS & JENKINS, PLLC 380 Knollwood St.. Suite 610 Winston-Salem, NC 27103
(336) 725-2900
Richard L. Wharton CLARK & WHARTON POB 1349
no
(336) 275-7275
William E. Wheeler WYATT EARLY HARRIS WHEELER & HAUSER POD 2086
no
High Point, NC 27261-2086 (336) 884-4444

Judy Lee Whisnant
301 W. Main St.. Ste. 400 Durham. NC 27701
tort, civil rights
no
(919)688-6860
W. Thomas White
no
7017 Discovery Lane

Walkertown, NC 27051
(336)778-0745
James T. Williams, Jr.
POB 26000
contract, tort, property rights, securities, antitrust
no
(336) 271-3107 Hugh Addison Winters, III

PATTON, BOGGS & BLOW
POD 20004
contract, tort, property rights.
yes
(336)273-1733
December 14,2011
US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA MEDIATOR LIST
EXPERTISE AREAS
PAGE 17
VITAE
Douglas E. Wright
2008 New Garden Road., Suite D Greensboro, NC 27410
contract, tort, civil rights, labor, antitrust
yes
(336) 286-9445
Garris Neil Yarborough

YARBOROUGH LAW FIRM POB 705 115 East Russell St.
contract, tort, civ. & prop, rights, envir., constr. law
no
Fayetteville, NC 28301 (910)433-4433

William L. Young
SMITH HELMS MULLISS & MOORE POB 21927
contract,tort,property rights,antitrust,environmental
no
(336) 378-5304

Karen Walters Lawsuit

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Karen Walters Lawsuit

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I

AO 4-10 (Rev. 02,09) Summons in a Civil Action

United States District Court

Middle District of North Carolina

Melvin Municipal Office Bldg., 300 W. Washington St.

A lawsuit has been filed against you.

Elliot Pishko Morgan PA

\.4v <~* (&/

February 22. 2012

AO 440 (Rev.02/09) Summonsin a Civil Action (Page2)

Civil Action No. 1:12-CV-178

O I personally served the summons on the individual at (place)

, and mailed a copy to the individual's last known address; or

O I served the summons on (name ofindividual)

designated by law to accept service of process on behalf offrame oforgantaiion)

G I returned the summons unexecuted because

for travel and S

for services, for a total of $

I declare under penalty of perjury that this information is true.

Printed name and title

Additional information regarding attempted service, etc:

KAREN A. WALTERS, Plaintiff,

CITY OF GREENSBORO, NORTH CAROLINA,

The plaintiff, Karen A. Walters, complaining of defendant, alleges the following:

Plaintiff, a certified law enforcement officer and a lieutenant employed

by the Greensboro Police Department, a department of the City of Greensboro,

JURISDICTION AND VENUE

as amendedby the Equal Employment Opportunity Act of 1972,42 U.S.C. 2000e

Jurisdiction of this Court is invoked pursuant to 42 U.S.C.

2000e-5(f)(3); 42 U.S.C. 1983; and 28 U.S.C. 1331.

The unlawful practices alleged below were committed within the

The plaintiff, Karen A. Walters, is a female citizen of the United States

action, plaintiff was an "employee" within the meaning of 42 U.S.C. 2000e(f).

Plaintiff is a law enforcement officer, and has been certified by the

State of North Carolina since 1986.

Plaintiffwas initially employed by defendant City on June 1,1988, as a

On July 1, 2007, plaintiff was promoted to the position of lieutenant.

In her position as lieutenant, plaintiff has served in the criminal

investigations division, and the patrol division of the GPD.

At all times plaintiff has excelled in her performance as a lieutenant,

and has met or exceeded any reasonable expectations of defendant.

raises, excellent reviews, and commendations for her work.

Plaintiffs Reports of Hostile Work Environment

From December, 2007, to June, 2008, plaintiff worked under and

During this period, plaintiff continued to perform at the highest level in

carrying out her responsibilities to GPD.

Plaintiffs captain was abusive and aggressive towards plaintiff, and

treated her in an extremely condescending manner because she was a female.

Specifically, during this period her captain engaged in lengthy verbal

At times during her captain's most aggressive tirades, plaintiff feared

communication with her captain, but was unsuccessful.

Chief of the GPD.

Plaintiff raised issues concerning her captain's discriminatory conduct

with Chief Bellamy, and requested transfer to another division.

In response, Chief Bellamy informed plaintiff that she could be

transferred only if she accepted a demotion. Plaintiff refused demotion.

The conduct of plaintiffs captain, as described above, created a

As a direct result of her captain's treatment, plaintiff was severely

distressed, and her health was threatened.

Finally, in June, 2008, plaintiff was transferred out of her captain's

division as a result of her continued reports of his abusive, aggressive, and

Plaintiff continued to exceed all performance standards in carrying out

Following her transfer, plaintiffs 2007-2008 Captain continued to