-'

S'I'.ATE OF N01<.TH CAROLINA " :". ·.'·ni THE GENERAL 'C'Ot}RT OF ,mSTICESUPERIOR cotmT D1VJS101\

:: : FILE NUMBeR: . .!J;ftA/5/J$• LCOUNTY OF ORANGE:

PEGGY H. RILEY, . § __\J1,.tl( _.§ It '\

Plaintiff t s§

V~3 .. COMPLAINT(JURY TRIAL DE¥~ED)

§

s,:JOSEPH MOODY BUCIU';ER, §

individually and in ~is §official capacity as §

Chief Dist.rict.Judge of §

North Carolina Judicial §District 15B, and THE STATE §OF NORTH CAl<OIJINA, s

sDefendants. §

The Plaintiff claims relief of ~he Defendants as follows:

, This action arises under the Constitution and laws ofNort..:t.Carolina and t.he United Sta::es.

7.. Plaintiff is a citizen and resident of Ori.'mge Co'unty ,North Carolina.

3. Defendant Joseph Moody Buckner ("Buckner") is a citizenand resident of Orange County, North Carolina. Buokner is theChief District: Court Judge of Judicial Dist.rict. 153 in OrangeCourrr.yf North Carol ina.

4. Defendant. State of North Cazo Li.na ("State") wa ePlaintiff's joint employer with Buckner at the times of Buckner's

actions as al.leged in the Complaint and therefore is a necessaryand proper party to this action. The State of North Carolina isnot immune from suit for purposes of Plaintiff's claims pursuant to4.2 U.S.C §2000e (Title VIr of the Civil Rights Act of :1.964, asamended) .

STATEMENT OF THE FACTS

5. In December of 1994, Buckner was elected to the DistrictCourt bench and continues to be employed by the SLate as a DistrictCourt: ~!udge. At all times relevant to this action, Buckner actedunder color of state law.

6. Short Plaintiff began emp Loymerit. as aCourt Judicial Assistant for Buckner. In her position as

Judicial Assistam: I Plaim:iff was employee? by Buckner and the Stateof North Carolina.

I. Following his election to the bench in 2994 and at: allt.imes during Plaintiff's employment as his Judi.cial Assistant I

Buckner created a hostile and offensive working environfuent in thejudicial offices by engaging in conduct that waB offensive andinsulting to Plaintiff and that was inappropriate, impermissible,out.r'aqeous , and demeaning toward female staff membe rs . .i.nc.Lud.inqPlaintiff, as well as clerks and members of the Bar. This conductincluded, but is not limited to, the following:

2. During Plaintiff I s employment, Budme:t"and other inappropriate comments

and attorneys who had appeared in

made se:>..'Uallyabout f erna Lehis court or

suggestiveemployeeschambers;

b. During Plaintiff I s employment! Buckner made",uggestive and other inappropriat~e comments to certain femaleemployees that were veiled propositions for sexual relations;

c. Buckner kept sexu.ally explicit materials, includingmagazines and calendars, in his chambers. Instead of pIacingthese adult-oriented items in a secure place, Buckner chose todisplay them in plain view of Plaintiff and other femaleemployees and staff members;

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d. Buckner constantly communicated to Plaintiff wi thprofanity and sug·gestive and sexually explicit. language; and,

e, In April of 1997, Buckner became furious with hiscornptrt.e r and was about t.o smash it into the wall. Plaintiffattempted to explain to him that he could use his Dictaphoneinstead of the computer to create documents that she couldthen transcribe for his use. Buckner I who at the time ofPlaintiff's comments had been seated behind his desk. ranaround his desk. placed both hands on his genitals, whilefully clothed, and exclaimed, "I' 11 show you a god-damnedDictaphone1".

B. Plaintiff was shocked,Having already suffered through atendered her resignation.

traumatized. and humiliated.great deal of harassment { she

9. Buckner's disgusting, immature, and inappropriate actscreated a hostile wo rk environment and atmosphere satu:r-atedv.d.thsexual suggestion, innuendo, and proposition. His conduct wascorrupt and malicious and was outside and beyond the scope of hisauthority to perform the duties of his office or otherwise toexercise his discretion as a judicial officer.

10. At all times relevant to this act.i on , the state xnew vo.rshould have known of Buckner's offensive and Lnappropr-Lat.e conductand yet failed to undertake appropriate action with respectthereto.

1.1. In November, 1937, PlaintiffDiscrimination with the Equal Employmentbearing the caption Peggy H. Riley, ChargE:Under: Title VII of the Civil Rights Act141980074.

filed a (~harge ofopportunity Commissionof Discrimination Filedof 1964 t and numbered

12. On September 1, 1998, Plaintiff received a right to sueletter from the U.s. Department of Justice, Civil Rights Division,Emplo'yment Lit Section.

FIRST CLAIM FOR RELIEF: UNCONSTITUTIONAL DEPRIVATION OFEQUAL PROTECTION

(FIFTH AND FOURTEENTH AMENDMENTS AND 42 U.S.C. § 1983)

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13. The 12 are reallset forth herein.

and

Fourteenth Amendmentsto the Unitedt:he to be free from

of the Fifth and

not. to an

Buckner discriminated plail'ltiff s

female, because of her sex byof herein.

her to the ae.xua.i

16. Trl.t oonduct; D,E which ser-veri s-bsolute nopurpose, violated Plaintiff' is Constitut=iom.~l

be free from discrimination. Furthe:rTIJore, C\.

reasonable official act in Bucy-::ner'iS tion wou.Ld have knownand unde r at.ood that Buckner's acts Plaintiff's cestablished federal Constitutional and ctat.u

17. BucJeD.er's.i.nt errt ionaI acts demonstrate t.hat; Buckner wasand cal indifferent to Plaintiff's itutional

18.. .As a result of Buck:nert3 conduct t P.la.intiff '\-\~a-sand reCoverLn an amount to be

from BuckneT

SECOND CLAIM FOR RELIEF:VII of the Civil

42 D.S.C. § 2000e et seg.Aet; of 1964, as amendlSo)

1 18 arereal.Lt:,<,),-:::",set forth herein*

andre£erenceas if £ul

fora

severeand

is; Buoknez" s conduct wasto alter the

and to create an abus i.ve env.lrcnment. wi t.hi.n t.he o:fficeand

21. Furt hermore, Bucknerin violation of

in thisfederal laws

conductand sexual11.2Y'2_S-smerlt_ ~

22. 1'11.(2 State of 'North Carolina, Plaintiff's jointis liable for BucJcfler's atrocious conduc t due t.o its acts aridomissions which include, but are not limited to:

a. Refusing and tailing to monitor Buckner in a mannersufficient to discover his repeated and persistent violationsof Plaint.iff's federal st.atutory and Constitutional rights;

b. R.efusing and failing to protect PJ..ai!1t.iff and, otherfemale state employees working in close p.r-ox.i.m i.c'yto Bucknerfrom his horrendous conduct; and,

c. Refusing and f ai ILnq to reprimand Buckner .i t.seLf ortaking steps to seek some censure or other

punishment of Buckner from the appropriate aut.hori.ti.e.sso asto prevent the contLnuat f.on of Buckner's s.exuaH y harassingconduct.

23. As a result, Defendants caused Plaintiff to suffer damagein the form of economic losses and emotional anddistress for which she should recover comperisator-y damaqe.s,

24. Plai.ntiff should also recover of Buckner punitive damagesin an amount to be determined by a jury.

THIRD CLAIM FOR RELIEF: INTENTIONAL INFLICTION OFEMOTIONAL DISTRESS

25. The preceding paragraphs 1 through 24 are realleged andincorporated by reference as :i.f fully set forth herein.

26. Buckner engaged in extreme and outrageous conduct f towit: conduct t.hat;exceeded all bounds usually tolerated by a decentsociety.

2'1. Buckner'S conduct was int.ended to cause severe emotionaldistress to Plaintiff.

28. Buckner'S conduct, in fact, did cause f3evere emotionaldistress LO Plaint.iff for which she should recover damages in anamount in excess of TEN THOUSAND AND NO/IOC DOLLARS ($1.0,000.00).

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FOURTH CLAIM FOR RELIEF: NEGLIGENT INFLICTION OFEMOTIONAL DISTRESS

29. The preceding paragraphs 1 through 28 are realleged andincorporated by reference as if fully set forth he re i.n .

30_ Buckner engaged in extreme and outrageous conduct f towit: conduct that exceeded all bounds usually tolerated by a decentsociety.

31. Buckner was recklessly indifferent to the likeLihood hisactions would cause severe emotional distress to Plaintiff.

32 _ The conductemotional distress todamages in an amount in($10,000.00) .

of Buckner I in fact 1 did causePlaintiff for wh i.ch she shouldexcess of TEN TH01JSAND hND NO/loa

severerecoverDOLLlLl(S

FIFTH CL..r..IM FOR RELIEF: WILLFUL AND WANTON I1ISCONDUCT

33. 'The preceding paragraphs l through 32 areincorporated by reference as if fully set. forth herein.

and

34. Buckner caused Plaintiff's damages through maliciousness,willful and wanton misconduct, and gross negligence.

35. 'The acts of Buckner VIere malicious and part of a patternof willful and wanton misconduct that was directed t.owaz-dandaffected Plaintiff .i.nc Lud i.nq but not limited to engaging insexually explicit and suggestive talk, maintaining offensive andsexually explicit materials in his chambers in public view,throwing equipment and engaging in t.emper tantrums and ot.herwi.aeacting in a manne r completely inconsistent with the duties andrespect associated with his position as a judicial official.

36. The conduct of Buckner complained of herein constituteswillful and wanton misconduct and demonstrates intentionaldisregard of and indifference to the rights and safety of others

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including Plaintiff.conduct was reasonablyharm to Plaintiff.

Buckner knew or should have- known that hislikely to result in injury, damage, or other

37. The willful and wanton misconduct of Buckner was relatedto the injuries of Plaintiff for which she should recover punitivedamages in excess of TEN THOUSAND k'\lDNO/lOa DOLLARS (s i o ,000.00) .

v-JHER.EFORE I Plaintiff prays t.he Court:

=j and aeve.ra.l Iy , actual and compensatory damaqe s in an amount:in excess of $10,000.00;

2. 'That Buckner be removed from .h i s position as a NorthCarolina District: Court Judge or in the alternative that Buckner bepezrnanerrt Ly enjoined from engaging in sexual harassment such ascomplained of herein and that the State be enjoined to monitorBuckner's compliance with aaid injunction upon reasonable terms setby this Court;

3. That Plaint.iff have and recover of Buckner punitivedamages in an amount to be determined by a jury;

4. That Plaintiff be awarded reasonable attorneys' fees;

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5. That the costs of this action be taxed againstDefendants;

6. For a trial by jury i and,

7. For such other and further relief as the Court may deemjust and proper.

This t.he,.--..z..! day of Novemben- 1998..:..2 '-" .- '" • " ..•. , - •

Vl\J.~ v-IINKLE r BUCK, WI~l)II I ST.~qlJh-:SAND DAVIS I P .."4..

BY: h"4.RRYMcDEVITTAttorneys for Plaintiff11 North Market StreetPost Office Box 7376Ashev~lle, NC 28802-7376828/258-2991

THARINGTON SNIT ~ L . p/'-:~=.:::"...-----::.::c? / -r-: '<;.~:"-

BY :.L-z::-."· . /.~ J '.v---;::>

209 Fayetteville StreetPost Office Box 1151Raleigh, NC 27602-1151919/821-4f11

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