Case: United States of America v. Town of West Terre Haute

2:03-cv-00206 | U.S. District Court for the Southern District of Indiana

Filed Date: July 11, 2003

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On July 11, 2003, the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII, 42 U.S.C. Section 2000e, et seq. in the U.S. District Court for the Southern District of Indiana against Town of West Terre Haute (the "Town"). The D.O.J. alleged that the defendant had violated Title VII by sexually harassing a female employee, resulting in a hostile work environment and her constructive discharge. The D.O.J asked the court to award compensatory damages for the individual empl…

On July 11, 2003, the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII, 42 U.S.C. Section 2000e, et seq. in the U.S. District Court for the Southern District of Indiana against Town of West Terre Haute (the "Town"). The D.O.J. alleged that the defendant had violated Title VII by sexually harassing a female employee, resulting in a hostile work environment and her constructive discharge. The D.O.J asked the court to award compensatory damages for the individual employee and to require the defendant to implement an anti-discrimination program.

The complaint alleges that the Town sexually harassed the defendant by: (1) making crude comments about her breasts, body and weight; (2) repeatedly suggesting that she was having sexual relations with her co-workers; (3) making threatening remarks; (4) creating, maintaining, and condoning sexual harassment and a sexually hostile work environment in the West Terre Haute Police Department; and (5) failing or refusing to promptly and effectively investigate, remedy or prevent the above conduct.

A consent decree was entered and the case dismissed on March 9, 2004. The consent decree stated: (1) the Town shall not engage in any act or practice that discriminates against any employee or applicant for employment because of that employee's or applicant's sex; (2) the Town shall not retaliate against any person that has opposed any practice made unlawful by Title VII; (3) the Town shall submit a proposed written policy governing sexual harassment for the police department; (4) the Town shall adopt, implement, and publicize the agreed upon policy; and (5) the Town shall pay the individual employee compensatory damages. The court retained jurisdiction for twelve months following entry on decree.

This case is closed.

Summary Authors

Erin Forman (11/12/2007)

People

Documents in the Clearinghouse

2:03-cv-00206

Docket [PACER]

United State of America v. the Town of West Terre Haute

March 9, 2004

March 9, 2004

Docket
1

2:03-cv-00206

Complaint

United States v. Town of West Terre Haute

July 11, 2003

July 11, 2003

Complaint
19

2:03-cv-00206

Answer to Complaint

Sept. 15, 2003

Sept. 15, 2003

Pleading / Motion / Brief
21

2:03-cv-00206

Case Management Plan

Oct. 9, 2003

Oct. 9, 2003

Pleading / Motion / Brief
47

2:03-cv-00206

Order Directing Filing of a Pleading Authorizing Dismissal

Feb. 9, 2004

Feb. 9, 2004

Order/Opinion
48-1

2:03-cv-00206

Consent Decree

March 5, 2004

March 5, 2004

Settlement Agreement

Docket

Last updated March 25, 2025, 8:11 a.m.

ECF Number Date Description Link
1 July 11, 2003

COMPLAINT against THE TOWN OF WEST TERRE HAUTE with Jury Demand, filed by UNITED STATES OF AMERICA.(VS, ) (Entered: 07/11/2003)

PACER
2 July 11, 2003

CIVIL COVER SHEET by UNITED STATES OF AMERICA. (VS, ) (Entered: 07/11/2003)

PACER
3 July 11, 2003

Summons Issued as to THE TOWN OF WEST TERRE HAUTE. (VS, ) (Entered: 07/11/2003)

PACER
4 July 11, 2003

DEMAND for Trial by Jury by UNITED STATES OF AMERICA. (VS, ) (Entered: 07/11/2003)

PACER
5 July 11, 2003

NOTICE of Appearance by Benjamin Blustein on behalf of UNITED STATES OF AMERICA (VS, ) (Entered: 07/11/2003)

PACER
6 July 11, 2003

NOTICE of Appearance by Amanda Rocque on behalf of UNITED STATES OF AMERICA (VS, ) (Entered: 07/11/2003)

PACER
7 July 11, 2003

NOTICE of Appearance by Sue Hendricks Bailey on behalf of UNITED STATES OF AMERICA (VS, ) (Entered: 07/11/2003)

PACER
8 July 11, 2003

MAGISTRATE JUDGE'S Summary of CMP Notice (VS, ) (Entered: 07/11/2003)

PACER
9 July 11, 2003

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction (VS, ) (Entered: 07/11/2003)

PACER
10 July 25, 2003

RETURN of Service by CMRRR c/o Dennis Stark THE TOWN OF WEST TERRE HAUTE served on 7/15/2003. signed by Samantha Buck(VS, ) Modified on 7/25/2003 (VS, ). (Entered: 07/25/2003)

PACER
11 July 25, 2003

RETURN of Service by CMRRR c/o Lawrence Beck THE TOWN OF WEST TERRE HAUTE served on 7/15/2003. signed by vicki Ashburn(VS, ) Modified on 7/25/2003 (VS, ). (Entered: 07/25/2003)

PACER
12 July 25, 2003

RETURN of Service by CMRRR Jerry Menestrina THE TOWN OF WEST TERRE HAUTE served on 7/15/2003. signed by vicki Ashburn(VS, ) (Entered: 07/25/2003)

PACER
13 July 25, 2003

RETURN of Service by CMRRR Clarence Beck THE TOWN OF WEST TERRE HAUTE served on 7/15/2003. signed by Vicki Ashburn(VS, ) (Entered: 07/25/2003)

PACER
14 July 28, 2003

NOTICE of Parties' First Extension of Time; defendants shall have to and including 08/29/03 to respond to complaint, by THE TOWN OF WEST TERRE HAUTE cs (VS, ) (Entered: 07/28/2003)

PACER
15 July 28, 2003

NOTICE of Appearance Edward J. Liptak and Jeremy M. Dilts for defendant THE TOWN OF WEST TERRE HAUTE, cs (VS, ) (Entered: 07/28/2003)

PACER
16 Aug. 15, 2003

SUBPOENA to US Equal Employment Opportunity by THE TOWN OF WEST TERRE HAUTE. (VS, ) (Entered: 08/15/2003)

PACER
17 Aug. 29, 2003

MOTION for Extension of Time to File answer to plaintiff's complaint by THE TOWN OF WEST TERRE HAUTE.cs (VS, ) (Entered: 08/29/2003)

PACER
18 Sept. 3, 2003

ORDER granting defendant's 17 Motion for Extension of Time within which to answer or otherwise plead . Signed by Judge William G. Hussmann Jr. on 09/03/03. cm (NKD, ) (Entered: 09/03/2003)

PACER
19 Sept. 15, 2003

ANSWER to Complaint by THE TOWN OF WEST TERRE HAUTE.cs(VS, ) (Entered: 09/15/2003)

PACER
20 Oct. 8, 2003

NOTICE of Appearance by Sara R. Lewenberg on behalf of UNITED STATES OF AMERICA. (EAH, ) (Entered: 10/09/2003)

PACER
21 Oct. 9, 2003

CASE MANAGEMENT PLAN TENDERED by all parties. (Blustein, Benjamin) (Entered: 10/09/2003)

PACER
22 Oct. 15, 2003

NOTICE of Service of Initial Disclosures, cs by THE TOWN OF WEST TERRE HAUTE (VS, ) (Entered: 10/15/2003)

PACER
23 Oct. 16, 2003

ORDER: CASE MANAGEMENT Approved as modified at section IV B Track 2 deadlines shall apply. Signed by Judge William G. Hussmann Jr. on 10/16/03. (VS, ) (Entered: 10/16/2003)

PACER
Oct. 16, 2003

SCHEDULING ORDER: Jury Trial set for 11/15/2004 09:30 AM in room #215 before John Daniel Tinder. Settlement Conference set for 2/10/2004 10:00 AM in room #210 before Magistrate Judge William G. Hussmann Jr.; motions to dismiss or for summary judgment raising issue if defendant is an "employer" shall be filed by 02/15/04.. Signed by Judge William G. Hussmann Jr. on 10/16/03. (VS, ) (Entered: 10/16/2003)

PACER
24 Oct. 17, 2003

NOTICE of Service of Initial Disclosures to Defendant on 10/09/03 by UNITED STATES OF AMERICA (Blustein, Benjamin) (Entered: 10/17/2003)

PACER
25 Oct. 21, 2003

NOTICE to Take Deposition of Harry W. Hughes by UNITED STATES OF AMERICA.(Lewenberg, Sara) (Entered: 10/21/2003)

PACER
26 Oct. 21, 2003

NOTICE to Take Deposition of Clarence Beck by UNITED STATES OF AMERICA.(Lewenberg, Sara) (Entered: 10/21/2003)

PACER
28 Oct. 21, 2003

NOTICE to Take Deposition of Jerry Menestrina by UNITED STATES OF AMERICA.(Lewenberg, Sara) (Entered: 10/21/2003)

PACER
29 Nov. 5, 2003

REVISED NOTICE to Take Deposition of Harry W. Hughes by UNITED STATES OF AMERICA.(Lewenberg, Sara) Modified on 11/6/2003 (TMD). (Entered: 11/05/2003)

PACER
30 Nov. 20, 2003

NOTICE to Take Deposition of Clarence Beck by UNITED STATES OF AMERICA.(Lewenberg, Sara) (Entered: 11/20/2003)

PACER
31 Nov. 20, 2003

NOTICE to Take Deposition of Larry Beck by UNITED STATES OF AMERICA.(Lewenberg, Sara) (Entered: 11/20/2003)

PACER
32 Nov. 20, 2003

NOTICE to Take Deposition of Jerry Menestrina by UNITED STATES OF AMERICA.(Lewenberg, Sara) (Entered: 11/20/2003)

PACER
33 Nov. 20, 2003

Notice of Service of REQUEST for Production of Documents by UNITED STATES OF AMERICA.(Lewenberg, Sara) Modified on 1/5/2004 (Carpentier, Wendy). (Entered: 11/20/2003)

PACER
34 Nov. 20, 2003

Notice of Service of First Set of Interrogatories to Defendant (Nos. 1-23) by UNITED STATES OF AMERICA.(Lewenberg, Sara) Modified on 1/5/2004 (Carpentier, Wendy). (Entered: 11/20/2003)

PACER
35 Dec. 4, 2003

DISCOVERY Preliminary Witness and Exhibit Lists by UNITED STATES OF AMERICA. (Attachments: # 1 preliminary exhibit list)(Lewenberg, Sara) (Entered: 12/04/2003)

PACER
36 Dec. 4, 2003

NOTICE by UNITED STATES OF AMERICA of Service of Preliminary Witness and Exhibit Lists (Lewenberg, Sara) (Entered: 12/04/2003)

PACER
37 Dec. 4, 2003

NOTICE by UNITED STATES OF AMERICA of Service of Demand for Settlement to Defendant (Lewenberg, Sara) (Entered: 12/04/2003)

PACER
38 Dec. 10, 2003

Exhibit List, Witness List Prelimianry by THE TOWN OF WEST TERRE HAUTE. cs(VS, ) (Entered: 12/10/2003)

PACER
40 Dec. 16, 2003

NOTICE by UNITED STATES OF AMERICA of Service of Responses to Defendant's First Set of Requests for Documents (Lewenberg, Sara) (Entered: 12/16/2003)

PACER
41 Dec. 17, 2003

NOTICE by UNITED STATES OF AMERICA of Service of Deposition Notice of Stephen Creasey (Lewenberg, Sara) (Entered: 12/17/2003)

PACER
42 Dec. 17, 2003

NOTICE by UNITED STATES OF AMERICA of Service of Deposition Notice of Ernest Meeks (Lewenberg, Sara) (Entered: 12/17/2003)

PACER
43 Dec. 17, 2003

NOTICE by UNITED STATES OF AMERICA of Service of Deposition Notice of Sandra Giles (Lewenberg, Sara) (Entered: 12/17/2003)

PACER
44 Dec. 17, 2003

NOTICE by UNITED STATES OF AMERICA of Service of Deposition Notice of Melody Buchanan (Lewenberg, Sara) (Entered: 12/17/2003)

PACER
45 Dec. 17, 2003

NOTICE by UNITED STATES OF AMERICA of Service of Deposition Notice of Tamala Parsons (Lewenberg, Sara) (Entered: 12/17/2003)

PACER
46 Jan. 12, 2004

NOTICE by UNITED STATES OF AMERICA of Service of Expert Disclosure Pursuant to Fed. R. Civ. P. 26(a)(2)(A) (Lewenberg, Sara) (Entered: 01/12/2004)

PACER
47 Feb. 9, 2004

ORDER directing filing of pleading authorizing dismissal; all pending motions are DENIED AS MOOT; all previously ordered dates relating to discovery, filings, schedules, conferences and trial are VACATED; Settlement Conference scheduled for 02/10/04 is VACATED; IT IS ORDERED that within 30 days of this date, counsel for plaintiff shall file a motion to dismiss or stipulation of dismissal; failure to comply with this order will result in dismissal with prejudice . Signed by Judge John Daniel Tinder on 02/06/04. cm(NKD, ) Additional attachment(s) added on 2/12/2004 (NKD, ). (Entered: 02/10/2004)

PACER
48 March 5, 2004

Joint MOTION for Approval and Entry of Consent Decree by all parties. (Attachments: # 1 Proposed Consent Decree)(Blustein, Benjamin) (Entered: 03/05/2004)

PACER
49 March 5, 2004

BRIEF/MEMORANDUM in Support re 48 Joint MOTION for Approval and Entry of Consent Decree filed jointly by the parties filed by UNITED STATES OF AMERICA. (Blustein, Benjamin) (Entered: 03/05/2004)

PACER
50 March 9, 2004

CLOSED DISMISSED consent decree; parties to bear own costs, including attorney fees except that parties shall retain right to seek costs for any matter in future may arise from this consent decree and require resolution by court. Signed by Judge John Daniel Tinder on 03/09/04. cm(VS, ) (Entered: 03/11/2004)

PACER

Case Details

State / Territory:

Indiana

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: July 11, 2003

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States of America

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

Town of West Terre Haute

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Other Dockets:

Southern District of Indiana 2:03-cv-00206

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Retaliation Prohibition

Amount Defendant Pays: 43000

Order Duration: 2004 - 2005

Issues

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

Recommended Citation