Some of the allegations in the federal court lawsuit filed by a former employee of the Baxter County Detention Center have been dismissed.
Tabatha L. King who worked at the jail beginning in April 2018 until she was terminated April 23, 2021, filed the civil suit in mid-December 2021.
Several allegations remain to be considered at trial, according to a ruling filed Wednesday by Federal Magistrate Judge, Mark Ford.
A trial date of March 4 is now shown on federal court dockets. A closed Rule 412 hearing has also been set for February 23.
The Rule 412 hearing is to determine if the history of King’s sex life can be admitted as evidence and heard by the jury.
A final pre-trial conference will be held after the 412 hearing has ended.
A motion for reconsideration has also been filed by attorneys for Baxter County, asking that Judge Ford revisit his ruling that a “fact question” remained as to whether Sgt. Stephen Goode was King’s supervisor as defined by Title VII.
The only allegation left against Baxter County is one of sexual harassment under Title VII.
Prior to making his ruling, Judge Ford said the matters that remained for his consideration included claims of sexual harassment and retaliation against Baxter County, Sheriff John Montgomery and Goode, claims of state law violations for the tort of outrage and civil action by a crime victim.
According to federal court documents, King voluntarily asked the court to withdraw some items in her suit – including dropping defendants known only as John Does 1-10. The “Does” were never named by King. The request was granted.
ALLEGED INCIDENT OUTLINED
King alleges she was sexually assaulted by Goode and ultimately fired because she would not stay quiet about the incident.
The lawsuit filed by King alleges Goode sexually assaulted her in April 2019 as the pair worked together moving inmate mattresses into a storeroom.
In King’s lawsuit, it is claimed that after the assault took place, Goode had told her she had “better keep her mouth shut or there would be consequences.”
King did not immediately report the 2019 incident for fear of retaliation, she claims.
An answer to the King suit was filed on behalf of those named as defendants, including Goode, Baxter County Sheriff John Montgomery, and the county.
In the defendant’s answer, each allegation related to the encounter is denied.
In addition, King claims she was ultimately fired because of negative reports Goode filed after she finally did go to other members of the sheriff’s office staff to report the initial assault and other alleged problems she had encountered in the workplace.
She claims to have reported that Goode was sending her unwanted, sexually explicit photos of himself. It was further alleged in King’s suit that Goode was sending similar pictures to other female employees.
She alleges Goode’s actions were “permitted and condoned” by the sheriff’s office and Baxter County Sheriff John Montgomery.
The answer filed by an attorney for the defendants either denies these allegations outright or states not enough information is available to either admit or deny certain of the allegations concerning the claimed photos.
When she was terminated, King says she met with Montgomery, but he refused to discuss her allegations of sexual assault that she claimed led Goode to write negative reports concerning her job performance and ultimately resulted in her firing.
In the answer to the suit, it is admitted Sheriff Montgomery would not discuss certain issues with King, because those issues had to do with the possibility of King filing a federal lawsuit and that the sheriff should not have discussed that issue with her at that time.
EEOC DISMISSAL
King first took her complaint to the Little Rock Area Office of the U.S. Equal Employment Opportunity Commission (EEOC)
After an investigation, the EEOC dismissed the case. The EEOC refused to pursue King’s case on several grounds.
In a letter to King dated September 2, 2021, an EEOC investigator wrote he had found that the negative evaluation she alleges was written by Goode in retaliation for her reporting what she describes as unwanted sexual activity “was not remarkably unfavorable.”
The notice that King’s EEOC case was being dismissed also makes note of the fact that King had not made any attempt to rebut the negative items that were contained in the evaluation.
The EEOC report states further that King had not been suspended from her job as she had claimed, but rather her access to weapons was “temporarily removed due to safety concerns” on the part of the sheriff’s office staff. The concern was allegedly based on King’s use of tranquilizers.
As to her termination, the EEOC investigator said he had found King was “discharged following an altercation with a co-worker in which your official statement was inconsistent with the evidence.”
In conclusion, the EEOC investigator wrote that the agency was closing King’s case, because there was insufficient evidence to show a causal relationship between the alleged 2019 incident with Sgt. Goode, the negative evaluation and her eventual termination.
According to the letter, the available evidence did not allow EEOC to conclude there was a violation of the laws enforced by the agency.
The letter of dismissal from EEOC informed King that the agency’s decision did not preclude her from filing suit in federal district court.
King originally sought relief based on her claims that she suffered from sexual harassment, being in a hostile work environment and retaliation for reporting unwanted sexual activity.
Among other things, King seeks back pay, damages for emotional distress, punitive damages and attorney’s fees and costs.
The lawsuit is now set to be heard in the Federal District Court for the Western District of Arkansas in Fayetteville in early March.
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