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United States District Court for the Middle District of Louisiana
September 13, 2018, Decided; September 13, 2018, Filed
CIVIL ACTION NO: 17-00576-BAJ-RLB
RULING AND ORDER
Before the Court is the Partial Motion to Dismiss for Failure to State a Claim (Doc. 5) filed by Defendants, Sheriff Sid Gautreaux and Captain Eleanor Stewart. Plaintiff, Rebecca Bellue, opposes the motion. (Doc. 12). For the following reasons, the motion is GRANTED IN PART and DENIED IN PART.
In August of 1991, Plaintiff started working at the East Baton Rouge Parish Sheriff's Department. (Doc. 1-1 at p. 6, ¶ 9) On March 4, 2015, Plaintiff was transferred to the Communications Division, under the supervision of Captain Stewart. (Id. at p. 6, ¶ 12). Plaintiff and four black employees began working in the Communications Division at the same. (Id. at p. 6, ¶ 13). Plaintiff [*2] claims, however, that she did not receive an eight-week training program that the four black employees received before starting. (Id. at p. 6, ¶ 14).
Additionally, after Plaintiff was assigned to the same shift as Lieutenant Tommy Cole, he allegedly made unwanted, flirtatious communications directed at her. (Id. at p.7, ¶¶ 16-17). Plaintiff received two unsolicited text messages both reminding her of "free dress" day accompanied with a winking smiley emoji,1 and in response to a message from Plaintiff asking for Lieutenant Cole to call her back, he responded "Oh, you could never be a bother" with a winking smiley emoji. (Id. at p. 7, ¶¶ 18, 20, 22). Another time, Lieutenant Cole commented on how nice she looked and engaged in an extended conversation with her. (Id. at p. 7, ¶ 19)
In May of 2015, Plaintiff reported Lieutenant Cole's actions to Captain Stewart. (Id. at p. 7, ¶ 24). A month later, on June 28, 2015, Plaintiff received a negative performance evaluation from Lieutenant Cole. (Id. at p. 7, ¶ 25). Plaintiff claims that Lieutenant Cole "became very irate and flailed his hands" when trying to discuss her performance review. (Id. at p. 7, ¶25). However, Plaintiff received a positive performance evaluation from another supervisor, Sergeant Pam Moran, around [*3] the same time. (Id. at p. 8, ¶ 26).
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2018 U.S. Dist. LEXIS 156493 *; 2018 WL 4365529
REBECCA BELLUE VERSUS EAST BATON ROUGE SHERIFF, ET AL.
Subsequent History: Summary judgment granted by Bellue v. Gautreaux, 2019 U.S. Dist. LEXIS 60879 (M.D. La., Apr. 8, 2019)
motion to dismiss, allegations, sexual harassment, race discrimination, emotional distress, communications, retaliation, termination, employees, pleadings, wages