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Redpath v. City of Overland Park

United States District Court for the District of Kansas

June 9, 1994, Filed

Case No. 92-2162-KHV, Case No. 92-2163-KHV

Opinion

 [*1451] MEMORANDUM & ORDER

This matter comes before the Court on Defendants' Restated Motion for Summary Judgment Against Geraldine Jones (Doc. #52) filed December 30, 1993, in Case No. 92-2163, and Defendants' Restated Motion for Summary Judgment Against Angela  [*1452]  Redpath (Doc. #50) filed December 30, 1993, in Case No. 92-2162.

I. Background

Angela Redpath, a white female employee of the Police Department of Overland Park, Kansas ("the Department"), and Geraldine Jones, a black female employee of the City of Overland Park, Kansas ("the City") and former employee of the Department, allege that the Department and individuals working in the Department discriminated and retaliated against them. Defendants are the City, Chief of Police Myron Scafe, City Manager Donald Pipes, Major Timothy Lynch, Lt. Glenn Ladd, and Officers Daniel Carney [**2]  and Santos Castillo. Lynch headed the Support Services division of the Department; Ladd is the Personnel/Training Director of Support Services. Officers Carney and Castillo worked with plaintiffs in the Drug Abuse Resistance Education ("D.A.R.E.") program. Scafe, Pipes, Lynch, Ladd, and Carney are white males. Castillo is a Hispanic male.

The Department 1 hired Jones in 1986 and Redpath in 1988, initially placing them in the Patrol division. In 1990, in response to an interdepartmental memorandum, plaintiffs applied for newly available positions as Crime Prevention/D.A.R.E officers in the Support Services division. After conducting written and oral interviews, the Department selected plaintiffs and, on May 20, 1990, transferred them to their new positions in Support Services. Although the transfers involved no change in salary, rank, or benefits for either plaintiff, both contend that officers within the Department viewed the D.A.R.E. position as "a promotion and a favorable career step" and that the assignments were permanent.

 [**3]  Conflict arose in the D.A.R.E. program almost immediately. On June 4, 1990, Jones complained to her immediate supervisor, Lt. Phil Barbour, 2 that Castillo disliked her and refused to work with her on a background investigation. On June 5, 1990, Barbour held a meeting of all D.A.R.E. officers where he reminded everyone that D.A.R.E. was a "team effort" and that anyone who was a source of conflict would be removed. Barbour sent a written report of these events to his supervisor, Lynch, who on at least one occasion: thereafter asked Jones if she was having any problems with the D.A.R.E. officers. Jones replied that she was not.

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857 F. Supp. 1448 *; 1994 U.S. Dist. LEXIS 9860 **; 67 Fair Empl. Prac. Cas. (BNA) 1525

ANGELA J. REDPATH, Plaintiff, v. CITY OF OVERLAND PARK, MYRON SCAFE, GLENN LADD, DANIEL CARNEY, SANTOS R. CASTILLO, DONALD E PIPES & TIMOTHY C. LYNCH, Defendants. GERALDINE JONES, Plaintiff, v. CITY OF OVERLAND PARK, MYRON SCAFE, GLENN LADD, DANIEL CARNEY, SANTOS R. CASTILLO, DONALD E. PIPES & TIMOTHY C. LYNCH, Defendants.

CORE TERMS

reprimand, sexual, harassment, discovery, hostile, deprivation, conspiracy, discriminatory, deliberate, municipal, retaliate, joke, supervisory, color, defer

Civil Procedure, Summary Judgment, Entitlement as Matter of Law, Genuine Disputes, Burdens of Proof, General Overview, Movant Persuasion & Proof, Materiality of Facts, Torts, Defenses, Privileges, Qualified Privileges, Civil Rights Law, Protection of Rights, Section 1983 Actions, Scope, Governments, Legislation, Statutory Remedies & Rights, Constitutional Law, Fundamental Freedoms, Freedom of Speech, Public Employees, Equal Protection, Gender & Sex, National Origin & Race, Nature & Scope of Protection, Opposing Materials, Pretrial Matters, Continuances, Discovery & Disclosure, Immunity From Liability, Local Officials, Local Governments, Claims By & Against