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Wilson v. Illinois Dep't of Juvenile Justice

October 19, 2010

LISA M. WILSON, PLAINTIFF,
v.
ILLINOIS DEPARTMENT OF JUVENILE JUSTICE, DEFENDANT.



The opinion of the court was delivered by: Geraldine Soat Brown United States Magistrate Judge

Magistrate Judge Geraldine Soat Brown

MEMORANDUM OPINION AND ORDER

Plaintiff Lisa M. Wilson ("Wilson") brought this action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C.§2000e-5(f), against defendant Illinois Department of Juvenile Justice ("IDJJ"), alleging one count of sexual discrimination based on harassment and one count of retaliation for reporting the harassment. (Compl.) [Dkt 1.] IDJJ has moved for summary judgment pursuant to Federal Rule of Civil Procedure 56. With respect to the sexual harassment count, IDJJ argues that one of the alleged instances of which Wilson complains is time-barred, that IDJJ did not have notice of a second, and that in all remaining alleged instances, IDJJ took prompt, preventive measures. With respect to the retaliation count, IDJJ asserts that Wilson cannot prove all of the elements necessary for a prima facie case. Wilson did not file a response to IDJJ"s summary judgment motion or the supporting materials. The parties have consented to the exercise of jurisdiction by a magistrate judge pursuant to 28 U.S.C. § 636(c). [Dkt. 18]. For the following reasons, IDJJ's motion is granted.

FACTUAL BACKGROUND

The following facts are taken from IDJJ's statements of fact filed pursuant to Local Rule 56.1 [dkt 56] (cited as "Def. LR Stmt. _"), as well as from the exhibits submitted with those statements [dkt 58-63] (cited as "Def. LR Ex. _"). Because Wilson did not respond to the motion or IDJJ's statements of fact, those facts are deemed admitted pursuant to Local Rule 56.1(b)(3)(C). Smith v. Lamz, 321 F.3d 680, 683 (7th Cir. 2003) ("We have consistently held that a failure to respond by the non-movant as mandated by the local rules results in an admission."). The descriptions of Wilson's claims are based on her complaint [dkt 1] and on Wilson's deposition testimony. (Def. LR Ex. 2, Dep. Lisa Wilson.)

I. Employment

In February 2000, Wilson began her employment with IDJJ at a juvenile detention facility known as IYC-Warrenville ("IYC"). (Def. LR Stmt. ¶ 3.) Her title was Youth Supervisor II, and the job required supervising female juvenile offenders. (Id. ¶¶ 3, 5.) Wilson is still employed at the facility with the same responsibilities but a different job title. (Id. ¶ 3.)

II. Allegations of Sexual Harassment

In her deposition, Wilson testified that the first incident of sexual harassment occurred in 2002, when Freddie Clark ("Clark"), a Youth Supervisor IV at IYC, called her into his office, cupped her breasts and stated, "I want to see if these are real." (Id. ¶¶ 6, 7.) Wilson did not say or do anything in response, and she did not report the incident to anyone until several years later, in October 2005, when she was interviewed by an IDJJ Affirmative Action Officer who was investigating Wilson's sexual harassment complaint. (Id. ¶ 8.)

The next alleged incident of harassment occurred between May and June of 2005, when Clark left a handwritten note on the windshield of Wilson's car. (Id. ¶ 9.) Wilson did not consider the content of the note to be harassing, but she considers the act itself to be harassment. (Id. ¶ 10.) The next incidents alleged by Wilson occurred between April and July of 2005, when Clark called her home telephone and left two voicemails. (Id. ¶¶ 12, 19.) Wilson recalls very little of the content of the first voicemail other than that Clark reported being "outside or something like that." (Id. ¶ 13.) She has no recollection of what Clark said in the second voicemail. (Id. ¶ 17.)

Wilson also testified that on one occasion Clark made an unsolicited visit to her home. (Id. ¶ 19.) On a day between May and July of 2005, Wilson looked outside her second-floor bedroom window and saw Clark standing outside the locked security gate of her residence for three minutes. (Id. ¶ 20.)She did not call the police. (Id. ¶¶ 19-20.) The next day Clark allegedly told Wilson, "By the way, that code doesn't work." (Id.¶ 21.)

According to Wilson, Clark also made two remarks that she considered to be sexual in nature. Between January and July of 2005, Clark inquired of her, "When are you going to let me do that?" (Id. ¶ 24.) Wilson admits she has no factual basis for concluding that the remark was sexual, only that she "just knew" it. (Id. ¶ 25.) During that same period, after learning that Wilson had just purchased new mattresses, Clark commented, "I want to help test out those mattresses." (Id. ¶ 27; Wilson Dep. at 83-84.)

Finally, Wilson alleges that Clark inappropriately touched her on two other occasions. The first incident occurred on July 1, 2005 when Clark touched her backside. (Def. LR Stmt. ¶ 28.) Approximately four weeks later, on July 28, 2005, Clark made physical contact with Wilson by touching her inner thigh after she told him that he made her "uncomfortable." (Id. ¶ 30.) That was the final incident of sexual harassment Wilson experienced. (Id. ¶ 33.)

III. Complaint of Harassment and IDJJ Investigation

Sometime between May and August of 2005, Wilson reported Clark's first voicemail message to Dr. Wendy Navarro ("Dr. Navarro") who was then acting chief of security, and requested that her post be changed to one further away from Clark. (Id. ¶ 15; Wilson Dep. at 50.) In response, IYS moved Wilson's post as she requested a couple of days later. (Def. LR Stmt.¶ 16.) After that complaint, Clark's behavior changed. According to Wilson, there was "no more the little sexual stuff. Just very rude and talking condescending." (Wilson Dep. at 108.) Any conduct that Wilson considered to be sexually harassing stopped. (Id.)

On August 21, 2005, Wilson made an oral complaint of harassment to the IYC Clinical Services Supervisor Sue Campagna ("Campagna"). (Def. LR Stmt. ¶¶ 11, 18, 23, 26.) She complained not because of the sexual harassment, which had stopped, but because Clark's behavior had become "rude" and "abrupt." (Wilson Dep. at 108.) Wilson testified that she orally complained to Campagna of the handwritten note left on Wilson's car, the second voicemail message Clark left at her home between May and July 2005, the remark Clark made between January and July 2005, and the July 28, 2005 touching. (Def. LR Stmt. ¶¶ ll, 18, 26, 32, 34). Wilson did not report either the 2002 or the July 1, 2005 incidents of physical touching or the "mattress" comment at the time she orally complained to ...


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