Case: United States v. H.N. McElroy and Harris County

4:00-cv-01617 | U.S. District Court for the Southern District of Texas

Filed Date: May 12, 2000

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On May 12th, 2000, the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII, 42 U.S.C. § 2000e et seq. against H.N. McElroy, the Harris County Justice of the Peace, and Harris County in the United States District Court for the Southern District of Texas. The DOJ sought injunctive relief and demanded a trial by jury, alleging that the defendant violated Title VII by discriminating against employees on the basis of their race and sex.The alleged discrimination occurred …

On May 12th, 2000, the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII, 42 U.S.C. § 2000e et seq. against H.N. McElroy, the Harris County Justice of the Peace, and Harris County in the United States District Court for the Southern District of Texas. The DOJ sought injunctive relief and demanded a trial by jury, alleging that the defendant violated Title VII by discriminating against employees on the basis of their race and sex.

The alleged discrimination occurred against a black female formerly employed in the office of the Harris County Justice of the Peace, and similarly situated black females. This discrimination took the form of subjecting them to sexual harassment that adversely affected the terms, conditions, and privileges of their employment, and failing or refusing to take appropriate action to remedy the discriminatory treatment. Furthermore, the complaint states that the defendant discriminated against the black female by constructively discharging her.

Her motion to intervene having been granted, the intervenor filed her complaint on October 10th, 2000, although this document is not available. On March 6th, 2002, the court (Lynn N. Hughes) referred the case for mediation.

A consent decree between the United States and the defendant was entered on April 30th, 2002. The decree listed specific individual relief in the form of monetary compensation. It also outlined general injunctive relief, including the prohibition against sexual harassment and retaliation. According to the decree, the JP 4-1 must adopt a JP 4-1 anti-sexual harassment and anti-retaliation policy and procedures no later than forty-five days after entry of the decree. This policy must include the name(s) and telephone number(s) of each official designated by the JP 4-1 and Harris County to receive sexual harassment complaints, and a statement that the supervisors shall take complaints seriously. The policy must also state that a supervisor who is aware or should have been aware of sexual harassment against an employee but fails to report it to the Harris County official designated for such complaints shall be subject to discipline up to and including dismissal. Furthermore, the policy must be distributed to all current and future employees; with five days of receipt of the policy, each employee must sign an acknowledgment that s/he has read and understood it, and this acknowledgment must be placed in each employee's personnel file. The defendants must also provide sexual harassment training, and retain for the duration of the decree all records necessary to monitor its implementation.

The court (Lynn N. Hughes) retained jurisdiction for a period of one year from the date of the consent decree.

On May 10th, 2002, the court (Lynn N. Hughes) granted the motion to dismiss the case with prejudice.

Summary Authors

Jennifer Hau (10/29/2007)

People

Judge(s)

Hughes, Lynn Nettleton (Texas)

Attorney for Plaintiff

Boyd, Ralph F. Jr. (District of Columbia)

Fenton, William B. (District of Columbia)

Attorney for Defendant

Adams, J. Kent (Texas)

Aldis, Jay R (Texas)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

4:00-cv-01617

Docket

United States v. McElroy and Harris County

May 10, 2002

May 10, 2002

Docket
1

4:00-cv-01617

Complaint

May 12, 2000

May 12, 2000

Complaint
34

4:00-cv-01617

Mediation Order

United States v. McElroy and Harris County

March 7, 2002

March 7, 2002

Order/Opinion
35

4:00-cv-01617

Consent Decree

April 30, 2002

April 30, 2002

Settlement Agreement

Docket

Last updated March 26, 2025, 8:31 a.m.

ECF Number Date Description Link
1 May 12, 2000

COMPLAINT by USA filed; (bchurchill) (Entered: 05/15/2000)

Clearinghouse
2 May 12, 2000

ORDER for Conf set initial pretrial conference for 4:30 9/11/00 before Judge Lynn N. Hughes , entered; Parties notified. (bchurchill) (Entered: 05/15/2000)

PACER
3 June 23, 2000

CERTIFICATE OF INTERESTED PARTIES by H N McElroy, Harris County , filed. (hlerma) (Entered: 06/26/2000)

PACER
4 June 26, 2000

NOTICE CERTIFICATE OF INTERESTED PARTIES by USA , filed. (hlerma) (Entered: 06/26/2000)

PACER
5 July 19, 2000

ANSWER to Complaint by H N McElroy, Harris County (Added attorney ), filed.; jury demand (hlerma) (Entered: 07/20/2000)

PACER
6 Sept. 5, 2000

JOINT DISCOVERY/Case Management Plan by USA, H N McElroy, Harris County , filed. (hlerma) (Entered: 09/06/2000)

PACER
8 Sept. 11, 2000

CONFERENCE MEMORANDUM following pretrial conference. Apps: D Hu, C Leggott f/pltf; J Aldis, L Hulsey f/deft. Order to be entered. Set pretrial conference for 4:30 10/16/00 , entered. Parties ntfd. ( signed by Judge Lynn N.
Hughes ) (ltien) (Entered: 09/19/2000)

7 Sept. 14, 2000

ORDER pretrial conference set 10/16/00 at 4:30 pm before Judge Lynn N. Hughes , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 09/15/2000)

PACER
9 Oct. 4, 2000

MOTION to intervene by Pearlene Evans , Motion Docket Date 10/24/00 [9-1] motion , filed. (hlerma) (Entered: 10/05/2000)

PACER
10 Oct. 10, 2000

ORDER granting [9-1] motion to intervene by Pearlene Evans , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 10/16/2000)

PACER
11 Oct. 10, 2000

CONFERENCE MEMORANDUM held; Apps: Sinderson, Leggott and Aldis. Order to be entered. Reset pretrial conference for 2:30 10/23/00 before Judge Lynn N. Hughes , entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 10/16/2000)

PACER
12 Oct. 10, 2000

ORDER McvElroy's oral objection is overruled; Pearland Evans may intervene. McElroy will depose Evans at 8:30 By noon, 10/11/00, Evans will give McElroy work-related information about Pearlene Evans. By noon, 10/11/00, Evans will give McElroy information about her health claims and doctor visits for the last ten years. By 10/20/00, Evans will produce a spreadsheet listing all jobs, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) Modified on 10/16/2000 (Entered: 10/16/2000)

PACER
13 Oct. 10, 2000

NOTICE by USA to take deposition of Carolyn F Phillips 10/11/00, filed. (hlerma) (Entered: 10/16/2000)

PACER
23 Oct. 10, 2000

Intervenor's COMPLAINT by Pearlene Evans against H N McElroy, Harris County , filed (hlerma) (Entered: 02/08/2001)

PACER
14 Oct. 23, 2000

CONFERENCE MEMORANDUM Pretrial Conf. held; Apps: Leggatt by phone , Turner, Aldis and Sinderson. McElroy will expeditionsly finish deposing Pearlene Evans. The government may depose the former supervisor, Betty Terrell, and the two current supervisors. The parties may depose Carol Montgomery. terminated deadlines , et pretrial conference for 2:00 11/13/00 before Judge Lynn N. Hughes , entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (hlerma) Modified on 10/27/2000 (Entered: 10/27/2000)

PACER
15 Nov. 13, 2000

ORDER resetting pretrial conference for 4:30 12/1/00 , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 11/13/2000)

16 Dec. 1, 2000

CONFERENCE MEMORANDUM following pretrial conference held in chambers. Apps: C Leggott by telephone f/pltf; N Turner, L Hulsey f/deft; M Sinderson f/intervenor. Government may depose H N McElroy, judge, and Teresa M DuBose, assistant chief clerk. Harris County district attorney's office will name the person with the most knowledge of the investigation of Pearlene Evans and will produce documents. Turner will call the district attorney. Government may depose the person named but may not subpoena them. McElroy may depose Carolyn Howerlin, Vanessa Hartlet, and Bridget Brophy. Set pretrial conference for 4:30 1/17/01 , entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 12/07/2000)

PACER
17 Jan. 17, 2001

CONFERENCE MEMORANDUM held in chambers; Apps: Leggott, Turna, Hulsey and Sinderson. Order to be entered. Set review deadline for 2/20/01 before Judge Lynn N. Hughes , entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (hlerma) Modified on 01/25/2001 (Entered: 01/25/2001)

PACER
18 Jan. 19, 2001

ORDER Harris county will give the gov't copies of all tickets found in Pearlene Evans's desk that shoud not have been there. The county will find out to whom Evans ws supposed to report harassment... By 2/2/01, the county may move for summary judgment. The goverment and Pearlene Evans may respond by 2/16/01. No replies are allowed. The parties will file a joint set of exhibitis with the Ct. entered; Parties notified. (signed by Judge Lynn N. Hughes) (hlerma) (Entered: 01/25/2001)

PACER
19 Feb. 2, 2001

MOTION for summary judgment by H N McElroy, Harris County, Motion Docket Date 2/22/01 [19-1] motion , filed. (hlerma) (Entered: 02/05/2001)

PACER
20 Feb. 7, 2001

MOTION to substitute attorney Nick Turner in place of Jay Aldis by H N McElroy, Motion Docket Date 2/27/01 [20-1] motion , filed. (hlerma) (Entered: 02/08/2001)

PACER
21 Feb. 7, 2001

REQUEST/MOTION for leave to file first amended answer by H N McElroy, Harris County, Motion Docket Date 2/27/01 [21- 1] motion , filed. (hlerma) (Entered: 02/08/2001)

PACER
22 Feb. 7, 2001

FIRST AMENDED ANSWER to Complaint by H N McElroy, Harris County : amends [5-1] answer , filed.; jury demand (hlerma) (Entered: 02/08/2001)

PACER
24 Feb. 7, 2001

ANSWER by H N McElroy, Harris County to [23-1] intervenor complaint , filed. (hlerma) (Entered: 02/08/2001)

25 Feb. 13, 2001

ORDER granting defts' [20-1] motion to substitute attorney Nick Turner in place of Jay Aldis, who is withdrawn, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 02/13/2001)

PACER
26 Feb. 13, 2001

ORDER granting defts' [21-1] motion for leave to file first amended answer , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 02/13/2001)

PACER
27 Feb. 16, 2001

MEMORANDUM by Pearlene Evans in opposition to defts' [19-1] motion for summary judgment , filed (sguevara) (Entered: 02/19/2001)

PACER
28 Feb. 16, 2001

RESPONSE by USA in opposition to [19-1] motion for summary judgment , filed (hlerma) (Entered: 02/20/2001)

PACER
29 Feb. 16, 2001

Joint Exhbitis by USA, H N McElroy, Harris County to , filed. (in expandex folder) (hlerma) (Entered: 02/20/2001)

PACER
Aug. 20, 2001

Deadline updated; set review deadline for 9/10/01 before Judge Lynn N. Hughes (dkelly) (Entered: 08/20/2001)

PACER
30 Nov. 20, 2001

ORDER denying [19-1] motion for summary judgment , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 11/23/2001)

PACER
31 Nov. 21, 2001

ORDER reset pretrial conference for 9:30 12/17/01 before Judge Lynn N. Hughes , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 11/23/2001)

PACER
32 Dec. 17, 2001

CONFERENCE MEMORANDUM Pretrial Conf. held; Apps: Leggatt, Sinderson, Turner and Hulsey. Discovery on the issue of damages is stayed until the government and Harris County reach a procedural solution. Harris County and Pearlene Evans will talk about mediation. Parties to file a one-page status report by 2/28/02 , and set review deadline for 3/4/02 before Judge Lynn N. Hughes , entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 12/20/2001)

PACER
33 Feb. 28, 2002

JOINT STATUS REPORT by USA, Pearlene Evans, Harris County , filed. (hlerma) (Entered: 03/04/2002)

PACER
34 March 6, 2002

MEDIATION ORDER, Under Local Rule 16, this case is referred for mediation: James Greenwood. Within ten days of the mediation, the mediator will file the memorandum required by Local Rule 16.4K2. No information about the mediation, other than that memorandum, may be given to the court by anyone. All dates in the scheduling order are suspended. If mediation is unsuccessful, the court will enter a scheduling order. Everything is stayed except for extraordinary emergency motions. mediation deadline is 4/22/02 , entered Parties notified. ( signed by Judge Lynn N. Hughes ) (kprice) Modified on 03/07/2002 (Entered: 03/07/2002)

Clearinghouse
March 7, 2002

Deadline updated; set review deadline for 5/6/02 before Judge Lynn N. Hughes (dkelly) (Entered: 03/07/2002)

PACER
April 26, 2002

Rec'd Proposed Consent Decree, frwd to crd. (hlerma) (Entered: 04/30/2002)

PACER
35 April 30, 2002

CONSENT DECREE ORDER , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 05/01/2002)

Clearinghouse
36 April 30, 2002

NOTICE by James Greenwood III that the case has settled and the mediation has been canceled. (psmith) (Entered: 05/02/2002)

PACER
April 30, 2002

Case closed (hlerma) (Entered: 05/01/2002)

PACER
37 May 3, 2002

MOTION to dismissal with prejudice by Pearlene Evans, Motion Docket Date 5/23/02 [37-1] motion , filed. (hlerma) (Entered: 05/06/2002)

PACER
38 May 10, 2002

ORDER granting [37-1] motion to dismissal with prejudice , All of Intervenor Pealene Evans' claims against the Defts Harris County and H N McElroy, are dismissed with prejudice entered; Parties notified. (signed by Judge Lynn N. Hughes) (hlerma) (Entered: 05/15/2002)

PACER

None

Case Details

State / Territory:

Texas

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: May 12, 2000

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States, on behalf of a former black female employee

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

County

County of Harris

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Other Dockets:

Southern District of Texas 4:00-cv-01617

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:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2002 - 2003

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Race discrimination

Sex discrimination

Affected Race(s):

Black

Affected Sex/Gender(s):

Female

Recommended Citation