Karen Walters Lawsuit

I

1

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

United States District Courtfor the

Middle District of North Carolina ^i-Lfcj VjH,D

KAREN A. WALTERS x ^£0 2 4 2012

Gty Oak's (MosCivil 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 ManagerMelvin 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 youare 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 ofthe 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 PA426 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. 2012Clerk -\^rc-r*t^y Date

/s/ Jamie SheetsDeputy Clerk

Co-1 Uiuncmr

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

Civil Action No. 1:12-CV-178

PROOF OF SERVICE

(Thissectionshould not befiled with the courtunlessrequired by Fed. R. Civ. P. 4 (I))

This summons for (name ofindividual and title, ifany)

was received by me on (date)

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

O I served the summons on (name ofindividual) , who is

designated by law to accept service of process on behalfofframe 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.

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.

CITY OF GREENSBORO,

NORTH CAROLINA,

Defendant.

COMPLAINT

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 ofTitle 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 of42 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, defendantCity 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 ofNorth 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 ofdefendant.

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 ofher 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 ofother officers.


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


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. Plaintiff continued to exceed all performance standards in carrying out

her duties.

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 thathad 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 ofplaintiffs 2007-2008 Captain.


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 Chiefevaluated 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 ChiefBellamy.

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 actionhad been unsuccessful, plaintiff filed a grievance ("Grievance") to

defendant City's HumanResources (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 employeeswould have to endure the hostile work

environment created and perpetuated by plaintiffs 2007-2008 Captain and the GPD.


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 ofa hostile work

environment.

38. Plaintiffs reports ofplaintiffs 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. Plaintiff was informed on one occasion that the Grievance had been

lost.

43. Plaintiff was advised by various defendant City officials, including an


Assistant City Manager, that in the interest of her career and promotion potential

with GPD, she should withdraw or cease her pursuit ofher Grievance.

44. Plaintiffwas 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. Thepromotion 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 ofFive" would prevail, requiring that the Chief ofPolice

would make the next five promotions to captain from the first five candidates on the


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 ofcaptain, 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 testwerebeing promoted to theposition 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 anyopencaptain positions forthenext twoyears, or thereafter,

until the next assessment.

10


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. Plaintiff was denied promotion to the position of captain at that time.

55. 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


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 plaintiffs 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

ofTitle VII, 42 U.S.C. § 2000e-2 and -3.

65. In or about July, 2010, Chief Bellamy retired.

12


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

thepromotional process for the rank of captain, and to undergo testingon 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 ChiefMiller 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 ifshe 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 ofJanuary, 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


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 noticeof her retirement earlier than she had anticipated.

The female captain complied and ultimately retired, effectiveMay 1, 2011.

85. Plaintiffwas one of 10 applicants for the open positions ofcaptain, 6 of

15


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. Accordingly, plaintiff was again denied promotion to the position of

captain.

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, ChargeNo. 435-2011-00360 ("EEOC Charge # 2")

in its Greensboro Regional Office.

16


93. Plaintiff charged in EEOC Charge # 2 that she had been denied

promotion to captain because ofher 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 ofwhom 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 ofemployment, 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


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 ofofficers, 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 ofa hostile work

environment in which plaintiffs work performance was disrupted;

18


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 actionto address

discrimination in the GPD workplace; and

h. In other acts and omissions.

101. Upon information and belief, theabuse towhich plaintiffwassubjected

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


with defendant, and in furtherance ofhis 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 ofsexual 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


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 January24,2012, 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 receiptofthe notice to file legal actionon her federal civil rights claims for

sex discrimination and retaliation pursuant to 42 U.S.C. § 2000e-5(f).

21


111. Plaintiff has complied with all procedural prerequisites to filing this

action.

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 of42 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 plaintiffwas required to work;

b. In repeatedly denyingplaintiffa 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


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 Violation—Equal 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

23


violation of42 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


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



THIRD CLAIM FOR RELIEF

42 U.S.C. § 1983 Violation—First 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


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 of42 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


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



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 ofherein;

27


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. ElliotRobert M. Elliot

N.C. Bar No. 7709

ELLIOT PISHKO MORGAN, P.A.Winston-Salem, North Carolina 27101Telephone: (336) 724-2828Fax No. (336) [email protected]

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 ofyour

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. BrubakerJOHN S. BRUBAKER, Clerk of Court


December 14,2011 US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINAMEDIATOR LIST

NAME & CONTACT INFORMATION EXPERTISE AREAS

PAGE1

VITAE

W. Thad Adams, IIIAdams, Evans, P.A.Suite 2350 Charlotte Plaza201 South College PlazaCharlotte, NC 28244704-375-9249

Copyright, Patent, Trademark

Anne Micheaux Akwari

A.M. Akwari, LLC4420 Farrington RoadDurham, NC 27707(919)201-4555

Contract, Tort

Benjamin Spence Albright101 Weatherly SquareRamseur, NC 23716(336) 824-4802

contract, tort, property rights, environmental yes

Clyde B. Albright5635 North Church St.Greensboro, NC 27455(336)643-1220

contract, tort, labor, property rights, environmental no

Albert P. Allan

409 East BoulevardCharlotte, NC 28203704-371-5605

Intellectual Property Rights

M.Ann Anderson

POB93

214 E. Marion StreetPilot Mountain. NC 27041(336) 368-9621

tort, civil rights, labor yes

Kirk J. AngelThe Angel Law Firm, PLLC177 Sims ParkwayPOB 692Harrisburg, N.C. 28075704-455-3311

contract, labor, tort, civil rights yes

Willis Wade AppleWolfe & Associates101 South Main StreetKernersville, NC 27284336-996-3231

contract, banking, tort, property rights yes

Robert F. BakerSPEARS BARNES BAKER WAINIO BROWN &WHALEY

3126 Cornwall RoadDurham, NC 27707(919)489-3553

contract, tort yes

John J. Barnhardt, IIISumma, Allan & Additon, P.A.11610 North Community House Rd., Suite 200Ballantyne Corporate ParkCharlotte, NC 28277-2199(704) 945-6725

contract, tort, property rights, antitrust yes



PAGE 2

VITAE

Ronald Barbee

BARBEE JOHNSON & GLENNPOB 21401Greensboro, NC 27420(336)379-1630

contract, tort, property rights, banking no

Jack B. Bayliss, Jr.CARRUTHERS & ROTHP. 0. Box 540Greensboro, NC 27402(336)478-1178

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

no

Robert A. Beason

Beason & Ellis Conflict Resolution, LLCPost Office Box 52270Durham. N.C. 27717-2270919-419-9979

Contract, Banking, Tort, Property Rights, Antitrust.Environmental

Judith G. Behar

Post Office Box 10181Greensboro, NC 27404(336) 323-6922

contract, tort, civil rights, labor (individual employment) yes

Stacey Stone Bennett10925 David Taylor DriveSuite 100Charlotte. NC 28262(704) 944-5562

contract, labor, tort, civil rights no

William D. Bernard

101 North Columbia St.Chapel Hill. NC 27514(919)968-1111


Dorothy C. BernholzPOB 1312Chapel Hill, NC 27514(919)962-1303

contract, tort, civil rights, property rights(landlord/tenant) yes

Donald H. BeskindTwiggs, Beskind, Strickland & Rabenau150 Fayetteville Street, Suite 1100Raleigh, NC 27601(919)828-4357

contract, tort, civil rights yes

William A. Blancato

MCCALL DOUGHTON & BLANCATO. P.L.L.C.633 W. Fourth St., Ste. 150Winston-Salem, NC 27101(336)725-7531

contract, tort, civ. rights, labor, prop, rights, sec, environ. yes

Edward Bograd310 Robinlynn RoadMatthews, NC 28105(704) 321-7948

contract, labor, tort, property rights, civil rights, environmental yes

John J. Bowers

P.O. Box 13089

Research Triangle Park, NC 27709(919)484-2387

contract, banking, tort, securities yes



PAGE 3

VITAE

Richard T. BoyetteCRANFILL. SUMNER, HARTZOGPOB 27808

Raleigh. NC 27611-7808(919)828-5100

contract, tort, property rights yes

Anthony M. Brannon3817 Somerset Dr.Durham, NC 27707(919)403-5344

contract.tort.property rights, environmental yes

Kenneth S. Broun

UNIVERSITY OF N. C. SCHOOL OF LAWCB# 3380 Van Hecke-Wettach Hall

Chapel Hill, NC 27599-3380(919)962-4112


John E. BuggPOB 2811

Durham, NC 27715(919) 383-9431

contract yes

Robert M. BurroughsPOB 473234

Charlotte, NC 28247-3234(704)362-2121

contract, tort, real property yes

Frank A. CampbellPOB 2248

Greensboro, NC 27402(336) 275-3511

contract, tort no

Hugh B. Campbell, Jr.2030 Carillon BIdg.227 West Trade St.Charlotte, NC 28202(704)372-1282

contract.tort.civilrights.labor.prop.rights.antitrust.environmental

yes

A. A. Canoutas

POB 967Wilmington, NC 28402-0967(910)762-2448

NONE CHECKED no

Karen Estelle CareyWOMBLE CARLYLE SANDRIDGE & RICEPOD 84

Winston-Salem, NC 27120(336) 721-3536

construction law, environmental yes

Kenneth P. Carlson, Jr.CONSTANGY BROOKS & SMITH. LLC100 N. Cherry St.. Ste. 300Winston-Salem. NC 27101(336)721-6843

contract, civil rights, labor

D.Anderson CarmenBELL. DAVIS & PITT, P. A.100 N.Cherry St.POB 21029Winston-Salem. NC 27120-1029(336) 722-3700

contract, tort, civil rights property rights, banking yes



PAGE 4

VITAE

David M. CarterCarter, Schnedler & Warnock, PA.POB 2985Asheville. NC 28802828-252-6225

Property Rights (intellectual property)

William P. H. CaryBROOKS PIERCE MCLENDON HUMPHREY &LEONARD

POB 26000Greensboro. NC 27420(336)271-3115

labor, employment discrimination yes

George C. ChristieDUKE UNIVERSITY SCHOOL OF LAWPOB 90360Durham. NC 27708-0360(919)684-2976

tort yes

Denise S. ClineMOORE & VAN ALLEN, PLLCPOB 26507

Raleigh. NC 27611(919)821-6243

contract, civil rights, labor, property rights yes

Vincent P. Collura674 Feanington PostPittsboro, NC 27312(919)542-5613


Reginald F. CombsPOB 24009Winston-Salem. NC 27114-4009(336)725-8165

contract, tort, prop, rights, antitrust banking, sec. no

Robert C. ConeTUGGLE DUGGINS & MESCHAN. PA.POB 2888

Greensboro, NC 27402(336)378-1431


Richard B. ConelyPOB 5827Pinehurst, NC 28374(910)295-7000

contract, tort, property rights no

James L. Conner, IIIOld Durham Library Office Building311 East Main St.Durham, NC 27701(919)683-8688

Contract, tort, property rights, environmental yes

Sara A. (Sally) ContiPOB 3463Chapel Hill, NC 27515(919)967-3375

contract, property rights, banking, environmental yes

R. Cameron Cooke100 Wedgedale Ave.Greensboro, NC 27403(336) 299-9737

ALL CATEGORIES no



PAGE 5

VITAE

MarkO. CostleyADAMS, WALL & COSTLEY. L.L.P.POB 21007

Greensboro, NC 27420-1007

contract, tort, civil rights, labor, banking, securities yes

Thorns CravenMediation, Inc.POB 15458Winston-Salem, NC 27116(336)777-1477

contract, tort, property rights, civil rights, environmental no

Auley M. Crouch, IIIPOB 4Wilmington, NC 28402(910)762-0595

contract, tort, civil rights, banking, environmental yes

William L. Daisy5504 Mecklenburg RoadGreensboro. NC 27407(336) 558-4255


Benjamin F. Davis, Jr.3027 Redford DriveGreensboro, NC 27408(336) 282-2095

contract, labor, banking, tort, property rights yes

H. Lee Davis, Jr.POB 20039

Winston-Salem, NC 27120-0039(336) 725-8385

contract, tort, civil rights, environmental yes

Mark A. DavisWOMBLE, CARLYLE, SANDRIDGE & RICEPOB 831Raleigh, NC 27602(919)755-2191

labor, tort, civil rights no

DaileyJ. DerrPOB 51266Durham, NC 27717(919)493-5500

contract, tort, civil rights, property rights yes

Ken Doss

111-E Shore Lake Dr.

Greensboro, NC 27455(336) 508-7902

contract.tort, property rights,antitrust,environmental yes

George P. Doyle210 North Columbia StreetChapel Hill, NC 27514(919)942-4162

contract, property rights no

Thomas C. Duncan

Attorney and Counselor at Law500-D State Street

Greensboro, NC 27405(336)274-7243


Stephen Dunn737 East BoulevardCharlotte, N.C. 28203704-375-6022

Contract, Labor, Tort, Civil Rights

December 14,2011 US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

MEDIATOR LIST


PAGE 6

VITAE

Anne L. DuvoisinA Better WayDispute Resolution Services2700 Old Sugar RoadDurham, NC 27707(919)493-5093


William Albert EaglesPOB 3112

Greensboro, NC 27402(336) 373-1500

contract, tort, civ. rights, prop, rights, antitrust, sec yes

Steven B. EpsteinPoyner Spruill LLPPOB 1801

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

contract, tort, civil rights no

Melinda Melhorn Evans

111 MacRae Court

Chapel Hill, NC 27516919-969-8767


Margo F. Evans640 Fairway Ridge Dr.West Jefferson, NC 28694(336) 877-2872

contract, tort, labor, prop, rights, antitrust, sec. environ. yes

Herberts. Falk,Jr.TURNER ENOCHS LLOYD, PA.POB 160

Greensboro, NC 27402(336) 373-1300

contract, tort, banking no

JackW. FloydFLOYD ALLEN & JACOBS

POB 1260Greensboro, NC 27402(336)273-1797

contract, tort, property rights, antitrust no

Lynn Fontana115 E. Main St.

Durham, N.C. 27701(919)682-4900

Contract, Labor, Tort, Civil Rights no

Christie M. Foppiano110 Oak Island Drive

Cary, N.C. 27513919-632-1715

Contract, Labor, Tort Y

C.Allen Foster

PATTON, BOGGS & BLOWPOD 20004

Greensboro, NC 27420(336)273-1733

ALL CATEGORIES yes

James R. Fox

BELL DAVIS & PITT, PA.POB 21029

Winston-Salem, NC 27120-1029(336) 722-3700

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

December 14, 2011 US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

MEDIATOR LIST


PAGE 7

VITAE

Susan R. Franklin

1829 E.Franklin St.Chapel Hill, NC 27514(919)942-0800

contract, labor, prop, rights yes

Daniel A. Frazier

4216 N Liberty StreetWinston-Salem, NC 27105(336) 744-0274


Elliot A. FusBlanco, Tackabery & Matamoros110 S. Stratford Road, Ste. 500Winston-Salem, NC 27114(336) 293-9000


Jsiubs E Gdt&s

MAUPIN TAYLOR ELLIS & ADAMS, PA.POD 19764Raleigh. NC 27619(919)981-4015

contract, tort yes

Stuart C. Gauffreau

Hagan, Davis, Mangum, Barrett & Langley, PLLC300 N. Greene Street, Suite 200Greensboro, NC 27401336-232-0660

Contract, Banking, Tort, Property Rights, Anitrust Yes

M. Blen Gee Jr.

JOHNSON. HEARN, VINEGAR & GEE. PLLCPOB 1776Raleigh, NC 27602-1776(919)743-2200

contract, property rights yes

Ellen R. Gelbin

743 Big Tree DriveLewisville, NC 27023(336)945-0214

contract, tort, civil rights, labor yes

William B. Gibson331 High St.

Winston-Salem, NC 27101(336) 722-6851

contract, tort, civ rights (emp.), labor (emp.) yes

Kathy GleasonPOB 2183Asheville, NC 28802(704) 252-5530


Henry W. GorhamTeague Campbell Dennis & Gorham4800 Six Forks Road, Ste 300Raleigh, NC 27609(919)873-0166

contract, tort yes

Angela Newell GrayGRAY NEWELL. LLP7 Corporate Center Ct., Suite BGreensboro, NC 27408(336) 724-0330

contract, tort, civil rights no



PAGE 8

VITAE

William E. Greene27 Robinhood RoadAsheville. NC 28804(704) 255-0287

contract, tort, property rights, banking

*

yes

Lynn G. GullickMediation, Inc.POB 386Greensboro, NC 27402(336) 674-5533

contract, tort yes

Kenneth J. Gumbiner

TUGGLE, DUGGINS & MESCHAN, PA.POB 2888

Greensboro, NC 27402-2888(336) 378-1431

contract, tort, civ. & prop, rights, antitrust, sec, envir. yes

Allen Holt GwynCONNOR, GWYN. SCHENCK, PLLCPOD 20744

Greensboro, NC 27420(336)691-9222

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

Stanley F. HammerWYATT EARLY HARRIS WHEELER

1912 Eastchester Dr., Suite 400High Point. NC 27265(336)884-1000 Ext. 233

contract, tort, civil rights

Walter L. HannahADAMS KLEEMEIER HAGAN HANNAH & FOUTS

POB 3463

Greensboro, NC 27402(336)373-1600


JohnW. HardyDOUGLAS RAVENEL HARDY CRIHFIELD &

MOSELEY110 Commerce PlaceGreensboro, NC 27401(336) 378-0580


Jonathan R. HarkavyPOB 29269Greensboro, NC 27429(336) 370-4200

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

Robert E. Harrell

36 Fairway DriveAsheville, NC 28805(704)253-3661

tort no

M. Lynette Hartsell1010 LakeviewDr.

Cedar Grove, NC 27231(919)732-1277

contract, tort, fair debt collections practices no

John R. Haworth

HAWORTH RIGGS KUHN & LANEYPOB 109High Point, NC 27261(336)883-0191

contract, tort, property rights, no



PAGE 9

VITAE

Joseph A. Hayworth, Jr.1231 Wales Ct.High Point, NC 27262(336) 882-7720

contract, tort, civil rights, labor, property rights no

Gregory Alan Heafner1510 Twisted Oak Drive

Chapel Hill, NC 27516(919)967-8122


Michael E. Helms331 Forest Hill DrivePOB 204Wilkesboro, NC 28697336-838-2455

contract, labor, banking.tort, property rights, civil rights,environmental

GaryS. HemricJAMES. MCELROY & DIEHL600 South College StreetCharlotte. NC 28202(704) 372-9870


Thomas D. Higgins, III870 Airport RoadChapel Hill. NC 27514(919)968-4717

contract, tort, property rights, banking, environmental no

Karl N. Hill, Jr.HILL. EVANS, DUNCAN, JORDAN & DAVISPOB 989

Greensboro, NC 27402(336)379-1390


Thaddeus B. Hodgdon, Esq.SILVERSTEIN & HODGDON, P.A.4000 WestChase Blvd., Suite 280Raleigh, NC 27607(919)829-3811

contract, tort yes

C. D. Hogue III110 West Margaret LaneHillsborough. NC 27278(919)732-4865

contract, tort, civil rights (Amer/disabilities Act), property rights no

Patricia L. HollandJackson Lewis LLP

1400 Crescent GreenSuite 215Cary. NC 27518919-424-8608

Labor, Tort, Civil Rights Yes

F. Thomas Holt, IIIPOB 2275

Fayetteville, NC 28302(910)323-4600

contract, tort, civil rights, property rights no

W. Clary HoltHOLT SPENCER LONGEST & WALL

POD 59Burlington, NC 27216(336) 227-7461




PAGE 10

VITAE

L. P. Hornthal, Jr.POB 220Elizabeth City, NC 27907-0220(919)335-0871


Donald L. Horowitz

DUKE LAW SCHOOLPOB 90360Durham, NC 27708-0360(919)684-6039

contract, tort, civ. & prop, rights, labor, sec. yes

Robert N. Hunter, Jr.POB 20570Greensboro, NC 27420(336)273-1600

contract, tort, civ. & prop, rights, labor, banking yes

David A. Irvin

POD 84

Winston-Salem. NC 27102(336)721-3600

contract, tort, civil rights, labor no

J. Sam Johnson, Jr.POB 3486Greensboro, NC 27402(336) 379-0123

contract, tort, civil rights, property rights, environmental no

W. Eugene Johnston, IIIPOD 29043

Greensboro, NC 27429(336)373-1224

contract, securities no

Richard F. KaneRichard F. Kane, PLLC2115 Roswell Avenue

Charlotte, N.C. 28207(704)469-1889

Labor, Civil Rights no

Terry Richard KaneSuite 2300, One Wachovia Center301 South College StreetCharlotte, NC 28202(704) 342-5250

contract, tort, property rights, environmental

Richard J. KeshianKILPATRICK STOCKTON, LLP.1001 West Fourth StreetWinston-Salem, NC 27101(336) 607-7322


Larry S. Kimel14 Clayton StreetAsheville, NC 28801(704) 253-9300

contract, tort. civ. rights, prop, rights, banking, sec. yes

William O. KingPOB 51549Durham, NC 27717(919)493-8411

tort no

Alvin Larkin Kirkman

POB 2746Raleigh, NC 27602(919)828-5242

contract, tort, civ. & prop, rights, envir. yes



PAGE 11

VITAE

Thomas B. Kobrin

400 West Market St., Ste. 500Greensboro, NC 27401(336) 379-9542


Janet Knight LedbetterPOB 1108Hillsborough, NC 27278(919)732-5741

contract,tort,civ.rights,labor,prop.rights,banking, environmental yes

Louis L. Lesesne, Jr.1701 South Blvd

Charlotte, NC 28203(704) 377-4300


James Lee Lester

POB 2974

Greensboro, NC 27402(336) 273-4422

contract, tort, environmental, property rights no

J. Anderson LittleMEDIATION. INC.POB 16205Chapel Hill, NC 27516(919)967-6611

contract, tort, civ. rights, labor, prop, rights, environmental yes

James M. LongPOB 1118Yanceyville, NC 27279336-234-9636


Samuel H. Long, IIILONG, CLOER & ELLIOTT419 2nd Street N.W.Hickory, NC 28601(704)322-1033

contract, tort, labor, property rights, environmental yes

Charles D. LuckeyBLANCO TACKABERY COMBS & MATAMOROS,PA.POD 25008Winston-Salem, NC 27114-5008(336)761-1250

contract, tort no

Thomas J. ManleyHUNTON & WILLIAMS

POB 109

Raleigh, NC 27602(919)899-3053

contract, tort, civ. & prop, rights, labor, antitrust yes

James W. Mason

POB 1686Laurinburg, NC 28353(910)276-8450


Robert D. Mason, Jr.Womble Carlyle Sandridge & RiceOne West Fourth StreetWinston-Salem, NC 27012(336)721-3761

contract, tort property rights, civil rights yes



PAGE 12

VITAE

G. Emmett McCall633 West Fourth St.

Winston-Salem, NC 27101(336) 725-7531

contract, property rights, banking no

John N. McClain, Jr.POB 527

Raleigh, NC 27602(919)828-5952


Charles K. McCotter, Jr.POB 12800New Bern, NC 28561-2800(919)635-1005

ALL CATEGORIES yes

Robert G. MclverPATTON. BOGGS & BLOW500 NationsBank BuildingPOD 20004 101 West Friendly AvenueGreensboro, NC 27420(336)273-1733


John B. Meuser800 St. Mary's St., Ste. 203Raleigh, NC 27605919-755-9690

Robert James Miller3404 Lake Boone TrailRaleigh, NC 27607(919)781-8151

contract, tort, labor, property rights, environmental yes

Eddie C. MitchellSuite 550, NationsBank BIdg.380 Knollwood StreetWinston-Salem, NC 27103(336) 725-9597

contract, tort yes

Robert A. Monath123 S. Main St., Ste. 201Salisbury. NC 28144704-645-0630

Contract, Copyright/Trademark

Joseph W. MossPost Office Box 9597Greensboro, NC 27429-0597(336)370-1282

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

M. LeAnn Nease

101 North Columbia Street

Chapel Hill, NC 27514(919)968-1111

contract, antitrust, banking yes

Betty J. PearceTURNER, ENOCHS & LLOYDPOB 160

Greensboro, NC 27402-0160(336)373-1300

contract, tort, labor yes

J. Dickson Phillips IIILEWIS, ANDERSON, PHILLIPS, GREENE &HINKLE, PLLC141 Providence Road, Suite 200Chapel Hill, NC 27514(919)933-5236

contract, tort, civ. & prop, rights, labor (emp.), environmental &intellectual property

yes


MEDIATOR LIST


PAGE 13

VITAE

Robert A. PhillipsPOB 995Bumsville. NC 28714-0995(704) 682-3107

contract, tort, civil rights, property rights, banking yes

T. Alan Pittman

POB 53612

Fayetteville. NC 28305(910)486-0992


AlanN. Post

POB 2531High Point, NC 27261(336) 887-7566


Lacy M. Presnell IIIBURNS, DAY & PRESNELL. PA.POB 10867

Raleigh, NC 27605(919)782-1441

contract, tort, property rights, securities yes

Eugene W. PurdomPOB 4544Greensboro, NC 27404(336)218-0602


J. Brooks Reitzel Jr

101 Neal PlacePOB 5544

High Point. NC 27262(336) 885-7900


C. Robert RhodesWOMBLE CARLYLE300 N. Greene St., Suite 1900Greensboro, NC 27401(336) 574-8040

intellectual prop rights(incl patents.trademarks&copyrights) yes

Elizabeth L. RileyWOMBLE CARLYLEPOB 831

Raleigh, NC 27602(919)755-2114

contract, tort, civil rights, property rights, education law yes

Michael L. RobinsonRobinson & Lawing101 N. Cherry St., Ste. 720Winston-Salem, NC 27101336-631-8500

Contract, Tort, Antitrust

P. Wayne RobbinsBROWN & ROBBINS, L.L.P.POB 370Pinehurst, NC 28374(910)692-4900

contract, tort, property rights, environmental no

Charles B. Robson, Jr.900 BlenheimRaleigh, NC 27612(919)786-9679

contract, tort, civ & prop rights, antitrust, banking, sec. yes



PAGE 14

VITAE

Richmond W. Rucker

HUTCHINS, TYNDALL. DOUGHTON & MOOREPOB 20039

Winston-Salem, NC 27120-0039(336) 725-8385

property rights yes

Chase Saunders319 S. Sharon Amity Rd., No. 6Charlotte, NC 28211(704) 560-0039

contract, tort, labor, prop, rights, securities no

James S. Schenck, IVCONNER GWYN SCHENCK. PLLCPOB 30933Raleigh. NC 27622(919)789-9242

contract, property rights, environmental yes

Elizabeth D. Scott

Williams, MullenPOD 1000Raleigh. NC 27602(919)981-4004

contract, tort no

Johnnie Scott, Jr.Post Office Box 1693Benicia. CA 94510(707) 747-0839

contract, labor, tort, property rights, civil rights yes

William L. SenterPOB 2505Fayetteville, NC 28302(910)864-6888


A. Lincoln Sherk

120 Fayette StreetWinston-Salem, NC 27101(336)722-8137


Stanley E. Speckhard218 West Friendly AvenueGreensboro, NC 27401(336) 379-9302


Sarah Stevens1835 Westfield Road

POB 667

Mt.Airy,NC 27030(336) 786-5444

contract, tort no

JohnT. Stewart

Suite 202

143 W. Franklin Street

Chapel Hill, NC 27516(919)929-0386


Arnold M. Stone

8752 Reed Drive, Suite 3Emerald Isle, NC 28594(919)354-5515

contract, tort, property rights, securities yes

Edward Thomhill, IIIPOB 1350

122 S. Main St.Waynesville. NC 28786(704) 452-2839

contract, tort no


MEDIATOR LIST


PAGE 15

VITAE

James R. Turner

TURNER, ENOCHS & LLOYD. PA.POB 160

Greensboro. NC 27402-0160(336)373-1300

contract, tort, securities, no

Richard Tyndali22013 Laurel Hedge LaneMooresville. NC 28117(704) 664-3259

contract, tort, civil rights, property rights, environmental no

H. Mac Tyson II100 Hay Street, 1st FloorFayetteville, NC 28301(910)483-6600

ALL CATEGORIES yes

Fred M. UpchurchPOB 29202

Greensboro. NC 27429(336) 273-5992


Philip Van Hoy737 East Boulevard

Charlotte, N.C. 28203(704) 375-6022

Contract, Labor, Civil Rights yes

Donnell Van Noppen, IIIPATTERSON, HARKAVY 8. LAWRENCE, L.L.P.POB 27927

Raleigh. NC 27611(919)755-1812

tort, civil rights, labor,environmental no

Arthur A. Vreeland

4 Parkmont Court

Greensboro. NC 27408(336) 288-7500

contract, banking, tort, property rights

Anthony J. Vrsecky380 Knollwood St., Suite 450Winston-Salem. NC 27103(336)748-1181

contract, tort no

George K. WalkerWAKE FOREST UNIVERSITY SCHOOL OF LAWPOB 7206. Reynolds StationWinston-Salem. NC 27109-7201(336) 758-5720

contract, tort, civ rights, prop, rights, banking, environ. yes

Ralph A. Walker1817 Canaan Dr.

Greensboro, NC 27408336-288-1556

Commercial, construction, contract, insurance, medicalmalpractice, personal; injury, property damage, worker'scompensation, real estate, environomental.

William Watts Walker

POB 1666

Winston-Salem, NC 27102-1666(336) 725-0583


Jonathan Wall

Robertson, Medlin & Blocker, PLLC127 N. Greene St., 3rd FloorGreensboro, NC 27401(336) 378-9881

Contract, Labor, Tort, Unfair Trade Practices, Civil Rights,Employment Discrimination

Yes


MEDIATOR LIST


PAGE 16

VITAE

Percy Lee WallPOB 3483Greensboro, NC 27402(336)275-7915

contract, tort no

Ray H. Walton212 Park Avenue ExtensionSouthport, NC 28461(910)457-6110


Reagan Hale WeaverPOB 25096Raleigh, NC 27611(919)828-0363

contract, tort, civ & prop rights, labor, antitrust yes

Michael E. WeddingtonSMITH, ANDERSON, BLOUNT, DORSETT,MITCHELL & JERNIGAN, L.L.P.POB 2611

Raleigh, NC 27602(919)821-1220

contract, tort (business) property rights, banking yes

Dewey W. WellsPOD 84Winston-Salem. NC 27102(336)721-3684

contract, tort, civ & prop rights, labor, antitrust, envir. yes

R. Michael Wells

WELLS. JENKINS, LUCAS & JENKINS, PLLC380 Knollwood St.. Suite 610Winston-Salem, NC 27103(336) 725-2900

contract, tort, property rights, banking yes

Richard L. Wharton

CLARK & WHARTON

POB 1349Greensboro, NC 27402(336) 275-7275


William E. WheelerWYATT EARLY HARRIS WHEELER & HAUSER

POD 2086High Point, NC 27261-2086(336) 884-4444


Judy Lee Whisnant301 W. Main St.. Ste. 400Durham. NC 27701(919)688-6860

tort, civil rights no

W. Thomas White7017 Discovery LaneWalkertown, NC 27051(336)778-0745

contract, tort, labor, property rights, environmental no

James T. Williams, Jr.POB 26000

Greensboro, NC 27420-6000(336) 271-3107

contract, tort, property rights, securities, antitrust no

Hugh Addison Winters, IIIPATTON, BOGGS & BLOWPOD 20004

Greensboro, NC 27420(336)273-1733

contract, tort, property rights. yes


MEDIATOR LIST


PAGE 17

VITAE

Douglas E. Wright2008 New Garden Road., Suite DGreensboro, NC 27410(336) 286-9445

contract, tort, civil rights, labor, antitrust yes

Garris Neil YarboroughYARBOROUGH LAW FIRM

POB 705

115 East Russell St.Fayetteville, NC 28301(910)433-4433

contract, tort, civ. & prop, rights, envir., constr. law no

William L. YoungSMITH HELMS MULLISS & MOOREPOB 21927

Greensboro, NC 27420(336) 378-5304

contract,tort,property rights,antitrust,environmental no

Documents

Karen Walters Lawsuit