Você está na página 1de 48

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.

Case 1:12-cv-00178

Document 1

Filed 02/21/12

Paae 1 of 28

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

Case1:12-cv-00178

Document 1

Filed 02/21/12

Paae2of28

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.

Case 1:12-cv-00178

Document 1

Filed 02/21/12

Paae3of28

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.

Case1:12-cv-00178

Document 1

Filed 02/21/12

Paae4of28

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

Case1:12-cv-00178

Document 1

Filed 02/21/12

Paae5of28

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.

Case1:12-cv-00178

Document 1

Filed 02/21/12

Paae6of28

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.

Case1:12-cv-00178

Document 1

Filed 02/21/12

Paae7of28

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

Case 1:12-cv-00178

Document 1

Filed 02/21/12

Paae8of28

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

Case 1:12-cv-00178 Document 1

Filed 02/21/12

Paae9of28

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.

10

Case1:12-cv-00178

Document 1

Filed 02/21/12

Paae10of28

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

11

Case 1:12-cv-00178

Document 1

Filed 02/21/12

Paae 11 of 28

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.

12

Case 1:12-cv-00178

Document 1

Filed 02/21/12

Paae 12 of 28

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

13

Case1:12-cv-00178

Document 1

Filed 02/21/12

Paae 13 of 28

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.

14

Case1:12-cv-00178

Document 1

Filed 02/21/12

Paae 14 of 28

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

15

Case 1:12-cv-00178

Document 1

Filed 02/21/12

Paae 15 of 28

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.

16

Case1:12-cv-00178

Document 1

Filed 02/21/12

Paae 16 of 28

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,

17

Case1:12-cv-00178

Document 1

Filed 02/21/12

Paae 17 of 28

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;

18

Case1:12-cv-00178

Document 1

Filed 02/21/12

Paae 18 of 28

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

19

Case 1:12-cv-00178

Document 1

Filed 02/21/12

Paae 19 of 28

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.

20

Case 1:12-cv-00178

Document 1

Filed 02/21/12

Paae 20 of 28

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).

21

Case1:12-cv-00178

Document 1

Filed 02/21/12

Paae 21 of 28

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.
22

Case 1:12-cv-00178

Document 1

Filed 02/21/12

Paae 22 of 28

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

117. Plaintiff hereby incorporates the foregoing paragraphs, as if fully set


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
23

Case1:12-cv-00178

Document 1

Filed 02/21/12

Paae 23 of 28

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

123. Plaintiff hereby incorporates the foregoing paragraphs, as if fully set


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

Greensboro, NC 27455

(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

US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA


MEDIATOR LIST

PAGE 2

NAME & CONTACT INFORMATION

EXPERTISE AREAS

VITAE

Ronald Barbee

contract, tort, property rights, banking

no

BARBEE JOHNSON & GLENN POB 21401

Greensboro, NC 27420

(336)379-1630

Jack B. Bayliss, Jr.


CARRUTHERS & ROTH P. 0. Box 540

contract, labor, banking, tort, property rights, securities,


environmental

no

Greensboro, NC 27402

(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

Greensboro, NC 27404

(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.

contract, tort, property rights, banking

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

US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA


MEDIATOR LIST

PAGE 3

NAME & CONTACT INFORMATION

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

contract, tort, civil rights

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

Greensboro, NC 27402

(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

US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA


MEDIATOR LIST

PAGE 4

NAME & CONTACT INFORMATION

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

contract, tort, property rights

yes

674 Feanington Post


Pittsboro, NC 27312

(919)542-5613 Reginald F. Combs


POB 24009

contract, tort, prop, rights, antitrust banking, sec.

no

Winston-Salem. NC 27114-4009

(336)725-8165
Robert C. Cone

contract, tort, property rights

yes

TUGGLE DUGGINS & MESCHAN. PA.


POB 2888

Greensboro, NC 27402

(336)378-1431
Richard B. Conely
POB 5827

contract, tort, property rights

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.


Greensboro, NC 27403

(336) 299-9737

December 14,2011

US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA


MEDIATOR LIST

PAGE 5

NAME & CONTACT INFORMATION

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

Winston-Salem, NC 27116

(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
Greensboro. NC 27407

contract, tort, property rights

no

(336) 558-4255 Benjamin F. Davis, Jr.


3027 Redford Drive

contract, labor, banking, tort, property rights

yes

Greensboro, NC 27408

(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

Greensboro, NC 27455

(336) 508-7902
George P. Doyle
210 North Columbia Street

contract, property rights

no

Chapel Hill, NC 27514 (919)942-4162


Thomas C. Duncan

contract, tort, property rights

no

Attorney and Counselor at Law


500-D State Street

Greensboro, NC 27405

(336)274-7243

Stephen Dunn
737 East Boulevard

Contract, Labor, Tort, Civil Rights

Charlotte, N.C. 28203


704-375-6022

December 14,2011

US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA


MEDIATOR LIST

PAGE 6

NAME & CONTACT INFORMATION

EXPERTISE AREAS

VITAE

Anne L. Duvoisin

contract, tort, civil rights

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

Greensboro, NC 27402

(336) 373-1500

Steven B. Epstein Poyner Spruill LLP


POB 1801

contract, tort, civil rights

no

Raleigh, NC 27602-1801 (919)783-2846


Melinda Melhorn Evans 111 MacRae Court

contract, tort, property rights

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

Greensboro, NC 27402

(336) 373-1300

JackW. Floyd
FLOYD ALLEN & JACOBS POB 1260

contract, tort, property rights, antitrust

no

Greensboro, NC 27402

(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

Greensboro, NC 27420

(336)273-1733
James R. Fox

contract, tort, prop, rights, antitrust, banking, sec, environ.

yes

BELL DAVIS & PITT, PA.


POB 21029

Winston-Salem, NC 27120-1029

(336) 722-3700

December 14, 2011

US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA


MEDIATOR LIST

PAGE 7

NAME & CONTACT INFORMATION

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

contract, tort, property rights

no

4216 N Liberty Street


Winston-Salem, NC 27105

(336) 744-0274
Elliot A. Fus

contract, tort, property rights

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.


Winston-Salem, NC 27101

(336) 722-6851 Kathy Gleason


POB 2183

contract, tort, property rights

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

contract, tort, civil rights

no

7 Corporate Center Ct., Suite B


Greensboro, NC 27408

(336) 724-0330

December 14,2011

US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA


MEDIATOR LIST

PAGE 8

NAME & CONTACT INFORMATION

EXPERTISE AREAS

VITAE

William E. Greene 27 Robinhood Road

contract, tort, property rights, banking

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

Greensboro, NC 27402-2888

(336) 378-1431
Allen Holt Gwyn
CONNOR, GWYN. SCHENCK, PLLC
POD 20744

contract, labor/emp., banking, tort, civ rights, envir.

yes

Greensboro, NC 27420

(336)691-9222
Stanley F. Hammer
WYATT EARLY HARRIS WHEELER

contract, tort, civil rights

1912 Eastchester Dr., Suite 400

High Point. NC 27265 (336)884-1000 Ext. 233


Walter L. Hannah ADAMS KLEEMEIER HAGAN HANNAH & FOUTS POB 3463

contract, tort, civil rights, labor

yes

Greensboro, NC 27402

(336)373-1600 JohnW. Hardy


DOUGLAS RAVENEL HARDY CRIHFIELD & MOSELEY 110 Commerce Place

contract, tort, civil rights, property rights

yes

Greensboro, NC 27401

(336) 378-0580
Jonathan R. Harkavy
POB 29269

contract, tort, civ rights, labor, antitrust, banking, sec, envir.

yes

Greensboro, NC 27429

(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

US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA


MEDIATOR LIST

PAGE 9

NAME & CONTACT INFORMATION

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

contract, tort, property rights

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

contract, tort, property rights

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

contract, tort, civil rights

yes

Greensboro, NC 27402

(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
contract, tort, civil rights, property rights
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

contract, tort, property rights

no

Burlington, NC 27216 (336) 227-7461

December 14,2011

US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA


MEDIATOR LIST

PAGE 10

NAME & CONTACT INFORMATION

EXPERTISE AREAS

VITAE

L. P. Hornthal, Jr.
POB 220

contract, tort, civil rights

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

Greensboro, NC 27420

(336)273-1600
David A. Irvin POD 84

contract, tort, civil rights, labor

no

Winston-Salem. NC 27102

(336)721-3600
J. Sam Johnson, Jr.
POB 3486

contract, tort, civil rights, property rights, environmental

no

Greensboro, NC 27402

(336) 379-0123 W. Eugene Johnston, III


POD 29043

contract, securities

no

Greensboro, NC 27429

(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

contract, tort, property rights, environmental

301 South College Street


Charlotte, NC 28202

(704) 342-5250
Richard J. Keshian

contract, tort, property rights

yes

KILPATRICK STOCKTON, LLP.


1001 West Fourth Street

Winston-Salem, NC 27101

(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

US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA


MEDIATOR LIST

PAGE 11

NAME & CONTACT INFORMATION

EXPERTISE AREAS

VITAE

Thomas B. Kobrin

contract, tort, civil rights, property rights

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

contract, tort, civil rights, labor

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

contract, tort, property rights

yes

Yanceyville, NC 27279
336-234-9636

Samuel H. Long, III LONG, CLOER & ELLIOTT


419 2nd Street N.W.

contract, tort, labor, property rights, environmental

yes

Hickory, NC 28601 (704)322-1033 Charles D. Luckey


BLANCO TACKABERY COMBS & MATAMOROS,
PA. POD 25008 contract, tort
no

Winston-Salem, NC 27114-5008

(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

contract, tort, property rights

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

Winston-Salem, NC 27012

(336)721-3761

December 14,2011

US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA


MEDIATOR LIST

PAGE 12

NAME & CONTACT INFORMATION

EXPERTISE AREAS

VITAE

G. Emmett McCall 633 West Fourth St.

contract, property rights, banking

no

Winston-Salem, NC 27101

(336) 725-7531
John N. McClain, Jr.
POB 527

contract, tort, property rights, banking, environmental

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

contract, tort, property rights

no

PATTON. BOGGS & BLOW

500 NationsBank Building POD 20004 101 West Friendly Avenue


Greensboro, NC 27420

(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

contract, tort, labor, property rights, environmental

yes

Raleigh, NC 27607 (919)781-8151


Eddie C. Mitchell

contract, tort

yes

Suite 550, NationsBank BIdg.


380 Knollwood Street

Winston-Salem, NC 27103

(336) 725-9597
Robert A. Monath

Contract, Copyright/Trademark

123 S. Main St., Ste. 201

Salisbury. NC 28144
704-645-0630

Joseph W. Moss
Post Office Box 9597

contract, banking, tort, property rights, securities, antitrust

yes

Greensboro, NC 27429-0597

(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

Greensboro, NC 27402-0160

(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

NAME & CONTACT INFORMATION

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

contract, tort, property rights, banking

no

Fayetteville. NC 28305 (910)486-0992


AlanN. Post POB 2531

contract, tort, property rights

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

contract, tort, property rights, banking, environmental

no

Greensboro, NC 27404

(336)218-0602
J. Brooks Reitzel Jr 101 Neal Place POB 5544

contract, tort, property rights, banking

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

contract, tort, property rights, environmental

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

US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA


MEDIATOR LIST

PAGE 14

NAME & CONTACT INFORMATION

EXPERTISE AREAS

VITAE

Richmond W. Rucker

property rights

yes

HUTCHINS, TYNDALL. DOUGHTON & MOORE


POB 20039

Winston-Salem, NC 27120-0039

(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.
Post Office Box 1693

contract, labor, tort, property rights, civil rights

yes

Benicia. CA 94510

(707) 747-0839
William L. Senter POB 2505

contract, tort, property rights

yes

Fayetteville, NC 28302 (910)864-6888


A. Lincoln Sherk

contract, tort, property rights

no

120 Fayette Street


Winston-Salem, NC 27101

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


Greensboro, NC 27401

contract, tort, property rights

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

contract, tort, property rights

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

US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA


MEDIATOR LIST

PAGE 15

NAME & CONTACT INFORMATION

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

contract, tort, property rights

no

Greensboro. NC 27429

(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

Greensboro. NC 27408

(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


Winston-Salem. NC 27109-7201

(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

Greensboro, NC 27408
336-288-1556
William Watts Walker POB 1666

Winston-Salem, NC 27102-1666

(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

US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA


MEDIATOR LIST

PAGE 16

NAME & CONTACT INFORMATION

EXPERTISE AREAS

VITAE

Percy Lee Wall


POB 3483

contract, tort

no

Greensboro, NC 27402

(336)275-7915 Ray H. Walton


212 Park Avenue Extension

contract, tort, property rights

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

Winston-Salem. NC 27102

(336)721-3684
R. Michael Wells

contract, tort, property rights, banking

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

contract, tort, property rights

no

Greensboro, NC 27402

(336) 275-7275
William E. Wheeler WYATT EARLY HARRIS WHEELER & HAUSER POD 2086

contract, tort, property rights

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

contract, tort, labor, property rights, environmental

no

7017 Discovery Lane


Walkertown, NC 27051

(336)778-0745
James T. Williams, Jr.
POB 26000

contract, tort, property rights, securities, antitrust

no

Greensboro, NC 27420-6000

(336) 271-3107 Hugh Addison Winters, III


PATTON, BOGGS & BLOW
POD 20004

contract, tort, property rights.

yes

Greensboro, NC 27420

(336)273-1733

December 14,2011

US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA MEDIATOR LIST
EXPERTISE AREAS

PAGE 17

NAME & CONTACT INFORMATION

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

Greensboro, NC 27420

(336) 378-5304