Baldwin v. Gramiccioni

DANIEL BALDWIN, Plaintiff, v. CHRISTOPHER GRAMICCIONI, et al., Defendants.

Civil Action No. 16-1675 (FLW) (DEA)

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

May 29, 2019

OPINION

WOLFSON, United States Chief District Judge

Plaintiff Daniel Baldwin ("Plaintiff"), an African American male, alleges that his employer, defendant Monmouth County Prosecutor's Office (the "MCPO"), and his supervisor, Christopher Gramiccioni ("Prosecutor Gramiccioni"), the Monmouth County Prosecutor (collectively, "Defendants") have intentionally refused to promote Plaintiff to the position of Sergeant on four separate occasions on the basis of race, in violation of Title VII of the Civil Rights Act of 1963, 42 U.S.C. § 2000e, et seq. ("Title VII"), the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-3, et seq. ("NJLAD"), and 42 U.S.C. § 1983 under the 14th Amendment's Equal Protection Clause. In the instant matter, the MCPO and Prosecutor Gramiccioni separately move for summary judgment pursuant to Federal Rule of Civil Procedure 56. For the reasons set forth below, Defendants' motions are GRANTED in their entirety.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

The following facts are undisputed unless otherwise noted. Plaintiff is an African American male, who had worked for the Somerset County Prosecutor's Office, the Essex County Prosecutor's Office, and the Hillside Police Department, before he ultimately joined the MCPO in October 2006. MCPO Facts, ¶¶ 1-3. From 2006 until April 2013, Plaintiff was assigned to the MCPO's Major Crimes Unit, and, during this time, Plaintiff's Performance Evaluations showed that he was a "competent detective who met or exceeded expectations" in most categories. Id. at ¶¶ 5-6. In 2009, Plaintiff served as the lead detective in the murder investigation of Jonelle Melton (the "Melton Case"), one of the MCPO's highest profile investigations, involving a schoolteacher who was killed during an attempted robbery. Id. at ¶ 7.

In 2011, Gramiccioni joined the MCPO as the First Assistant Prosecutor, prior to becoming the Acting Prosecutor in July 2012. Id. at ¶ 8. In June 2012, Plaintiff was still the lead investigator on the Melton Case, which remained unsolved; however, he requested to be transferred from the Major Crimes Unit to the Financial Crimes Unit. Id. at ¶ 9. In April 2013, the MCPO granted Plaintiff's request, but he continued to be involved in the Melton Case; in addition, for an unspecified period of time after his transfer, Plaintiff was detailed to the Organized Crime Unit in order to assist on a wiretap investigation, the target of which included a suspect in the Melton Case. Id. at ¶¶ 10-11.

In July 2013, the MCPO hired Kevin Mahoney as a detective ("Mahoney"). Id. at ¶ 12. Mahoney did not possess any prior law enforcement experience, but he was a United States Army Veteran who served in Operation Iraqi Freedom, during which he received multiple accolades, including an "Army Commendation Medal" and "Combat Infantry Badge." Id. He also held two Masters Degrees, one of which was in Business Administration, and he had more than 20 years of experience in the private sector, at companies such as Boeing, where he oversaw and managed "personnel and significantly large budgets." Id. In addition, Mahoney had previously attended the Criminal Justice Academy, where he earned the "Merit Award" because of his leadership abilities. Id. at ¶ 13.

Based on his financial background and experience, Prosecutor Gramiccioni and Chief Pasterchick, a former Special Agent for the IRS and DEA who was appointed as the Chief for the MCPO in 2006, assigned Mahoney to the Financial Crimes Unit. Id. at ¶¶ 13, 42. Subsequently, as a result of his "unremarkable performance," Plaintiff was transferred from the Financial Crimes Unit to the Trial Support Section, where his responsibilities included handling investigations and mentoring new or junior detectives. Id. at ¶¶ 14-15. Although Plaintiff characterized his reassignment as "punishment detail," intended to "minimize his work productivity and severely reduce his ability to be promoted[,]" Prosecutor Gramiccioni viewed the Trial Support Unit as an important "training ground" for newly hired detectives. Id. at ¶¶ 16-17. In fact, Prosecutor Gramiccioni previously promoted a Sergeant from the Trial Support Unit to the Major Crimes Bureau as a Lieutenant, on the basis of his exemplary performance in the Trial Support Unit. Id. at ¶ 17.

In 2014, Detective Samis was designated as the lead detective in the Melton Case, following which, in November 2015, suspects were arrested in connection with the ongoing murder investigation of Ms. Melton. Id. at ¶¶ 18-19.

In March 2015, while in an elevator, Plaintiff and Prosecutor Gramiccioni discussed Plaintiff's assignment to the Trial Support Unit, and Plaintiff opined that his talents were being underutilized. Id. at ¶¶ 20-21. Following their conversation, Plaintiff received an email from Prosecutor Gramiccioni, inviting Plaintiff to meet with him and the Chief of Detectives to discuss Plaintiff's "career path." Id. at ¶ 23. However, on the advice of counsel, Plaintiff declined Prosecutor Gramiccioni's invitation; instead, on May 29, 2015, Plaintiff filed an internal complaint with Kevin Burke, the Monmouth County Deputy Administrator. Id. at ¶¶ 24-26. In the complaint,Plaintiff alleged that he had been denied several promotions within the MCPO, on the basis of his race. Id. at ¶ 25.

As the former Director of Human Resources, Mr. Burke was familiar with the County's Employee Guide Prohibiting Workplace Discrimination and Harassment (the "Discrimination Policy"). Id. at ¶ 28. The Discrimination Policy was distributed throughout the MCPO, and it precluded employees from engaging in discrimination and/or harassment based on the enumerated NJLAD protected classes; in addition, it established a procedure for employees to file complaints of discrimination with the County. Id. at ¶¶ 29-30. According to the Discrimination Policy, the County would investigate complaints of discrimination and render remedial action, if appropriate. Id. at ¶ 31.

Plaintiff preferred Mr. Burke to investigate his discrimination complaint because of his unique background. Id. at ¶¶ 33, 35. In addition to his lengthy experience in Human Resources, Mr. Burke was formerly employed by the New Jersey State Police for 25 years, until he retired as a Major/Troop Commander. Id. at ¶ 34. After Mr. Burke agreed to conduct the investigation, he interviewed Plaintiff for 30 to 45 minutes. Id. at ¶ 37. During the interview, Mr. Burke explained that the Prosecutor held a Constitutional Office and neither he, nor Human Resources, possessed the authority to overturn the Prosecutor's promotional decisions. Id. at ¶ 37. Plaintiff indicated that he understood, and Mr. Burke subsequently contacted the following parties, in order to advise them of Plaintiff's complaint: (a) Andrea Bazer, County Counsel; (b) Teri O'Connor, County Administrator; and (c) Frank Tragno, Jr., the former Monmouth County Human Resources Director. Id. at ¶ 38.

Prosecutor Gramiccioni expressed his approval of Mr. Burke's investigation, and the County designated Steve Kleinman, the Special Monmouth County Counsel who handled laborand employment matters, to provide technical and legal advice to Mr. Burke during the course of the investigation. Id. at ¶ 39. Prosecutor Gramiccioni also provided the following materials to assist with Mr. Burke's investigation: (a) information relating to the demographic makeup of the office and promotions of African Americans within the MCPO; and (b) a copy of the MCPO's promotional policies and procedures. Id. at ¶ 40.

The MCPO's promotional policies and procedures, which were in place before Prosecutor Gramiccioni was appointed, explicitly state that: "[w]hile there are no standardized lists of criteria that will be used in this process, promotions may be based upon a wide range of factors," including "past performance, evaluations, law enforcement experience, unique abilities or expertise needed for the position, training, displayed leadership qualities, and the overall assessment of the candidate's skills and abilities." Prosecutor Gramiccioni's Statement of Material Facts ("Prosecutor's Facts"), ¶¶ at 14, 18. Ultimately, however, a promotional decision is based on "the Prosecutor's discretion." Shortly after his appointment, Prosecutor Gramiccioni emailed his Executive Staff, in which he set forth a specific list of promotional criteria and emphasized that, "although seniority was an important factor," the MCPO would benefit from "candidates that won't just rest on their laurels with the promotion and treat it as an expectation, but who will work to better themselves and the operation as a whole." Id. at ¶ 19.¹

Chief Pasterchick oversaw the MCPO's promotional process, along with his Staff, which included one Deputy Chief of Detectives and three Captains. Id. at ¶ 43. In addition, Chief Pasterchick supervised and directed more than eighty law enforcement officers and the criminal investigations which they performed. Id. at ¶¶ 41, 43. In that connection, Chief Pasterchick recommended law enforcement officers for promotion to Prosecutor Gramiccioni and hisExecutive Staff, which is comprised of the First Assistant Prosecutor, two Deputy First Assistant Prosecutors, and the Chief of Staff. Id. at ¶ 43.

When a supervisory position became available within the MCPO, interested detectives submitted promotional memoranda; after the expiration of a ten-day period, the Chief of Detectives would first review the applications with his deputy chief and captains, in order to provide recommendations. MCPO Facts, at ¶¶ 44-45. The promotional memoranda and recommendations of the Chief of Detectives were then provided to, and reviewed by, the Prosecutor over deliberations with his own Executive Staff. Id. at ¶¶ 46-47. Moreover, during those meetings, Chief Pasterchick would reiterate his...