Plaintiffs Gleanice Brown, Latondra Moore, and Tamara Solomon, all former detectives in the Crimes Against Children Unit (CAC) of the Kansas City, Missouri Police Department (KCPD), They allege discrimination based on race, age, and gender by their immediate supervisors in the CAC and the KCPD. Solomon specifically claimed that the Missouri Fraternal Order of Police, Lodge #99 (FOP), denied her legal representation during her termination hearing following an off-duty domestic violence incident. She contends this denial was based on her race and sex. The FOP moved for summary judgment. This Court’s order considered only whether FOP was entitled to summary judgment against Solomon.
Factual Overview
The FOP’s Legal Defense Plan, stipulates conditions under which legal defense is provided to members. The Plan explicitly excludes coverage for activities outside the scope of employment. Solomon was involved in a domestic violence incident on January 7, 2018, which led to an internal investigation by the KCPD. At first classified as a victim, her status was later changed to suspect. Solomon was ultimately terminated after a KCPD investigation. Solomon appealed her termiantion and requested counsel from the FOP. The FOP denied her request, mainly because the underlying incident was considered outside the scope of her employment, alongside other considerations about the nature of the incident and Solomon’s past conduct.
Legal Issues and Court’s Rulings
Section 1983 Claims: The court quickly dismissed Solomon’s 1983 claim. Because the FOP is not a state actor, it was not liable under Section 1983.
Title VII Harassment Claims: The court examined the harassment claims against the FOP and KCPD, and determined that the FOP’s failure to investigate discrimination allegations raised by Solomon against the employer (KCPD) is not harassment under Title VII. The court concludes that insufficient evidence supports a harassment claim against the FOP because labor unions have no duty to take remedial actions for discriminatory acts of individual members.
Title VII Race and Sex Discrimination Claims: Focusing on Solomon’s allegations against the FOP, the court evaluated her discrimination claims based on the denial of legal representation. It concluded that the FOP had legitimate, nondiscriminatory reasons for its actions, mainly the scope of the incident falling outside Solomon’s employment. Solomon’s failure to show these reasons as pretextual led to the court granting summary judgment for the FOP on the race and sex discrimination claims.
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