Lilly v. Dist. of Columbia

657 F.Supp.3d 65

Christopher LILLY, Plaintiff, v. DISTRICT OF COLUMBIA, Defendant.

Civil Action No. 15-738 (EGS)

United States District Court, District of Columbia

Signed February 21, 2023

Sameera Ali, Ali, White & Coleman, PLLC, Washington, DC, for Plaintiff.

Charles Joseph Coughlin, Office of Attorney General, Washington, DC, for Defendant.

MEMORANDUM OPINION

Emmet G. Sullivan, United States District Judge

I. Introduction

Plaintiff Christopher Lilly ("Mr. Lilly") brings this action against Defendant District of Columbia ("the District") for events arising from his employment with the District of Columbia Metropolitan Police Department ("MPD"). He alleges that MPD discriminated against him because of his gender and sexual orientation, created a hostile work environment, and retaliated against him in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e, et seq., and the District of Columbia Human Rights Act ("DCHRA"), D.C. Code § 2-1401.01, et seq. Pending before the Court is the District's Motion for Summary Judgment. See Def.'s Mot., ECF No. 45. Upon careful consideration of the pending motion, the opposition, the reply thereto, the applicable law, and the entire record therein, the Court GRANTS the District's Motion for Summary Judgment.

II. Background

A. Factual Background

Except where indicated, the following facts are not in dispute. Mr. Lilly, who identifies as gay, Am. Compl., ECF No. 9 at 3 ¶ 16;¹ was an MPD police officer from February 20, 2007 to August 16, 2013, Def.'s Reply to Pl.'s Counter Statement of Disputed Facts ("Def.'s SOF Reply"),² ECF No. 54-1 at 1 ¶¶ 1-2; Def.'s Exs. A & B, ECF No. 45-3 at 2, 4. In November 2007, Mr. Lilly was assigned to the MPD Fourth District ("4D") as a patrol officer. Am. Compl., ECF No. 9 at 3 ¶ 9. He served most of his career with MPD 4D, except for some limited duty assignments to other divisions of MPD. See Def.'s Exs. L, Q, & Z, ECF No. 45-3 at 207, 248, 284, 287. On August 9, 2013, the Police and Firefighters' Retirement and Relief Board ("PFRRB") ordered Mr. Lilly's retirement, determining that he was incapacitated from further duty by reason of a disability incurred in the performance of duty, and his retirement took effect on August 16, 2013. See Def.'s Exs. W & X, ECF No. 45-3 at 271, 275.

1. Beginning of Mr. Lilly's MPD Employment Issues

According to Mr. Lilly, no one at MPD knew that he identified as gay until December 2010, when he learned that his sexual orientation was being discussed among the other officers after he was seen leaving a gay nightclub. Am. Compl., ECF No. 9 at 3-4 ¶¶ 10, 16; Pl.'s Opp'n, ECF No. 48-1 at 6-7. Mr. Lilly claims that another officer called him a "fucking homo" and "pretty gay," and that following his "outing," he experienced name-calling and derogatory comments from MPD officers. Pl.'s Opp'n, ECF No. 48-1 at 6-7; Def.'s Mot., ECF No. 45 at 4; Def.'s Ex. C, ECF No. 45-3 at 143:13-21. For instance, Mr. Lilly claims he was called a "sleazeball," a "fucking faggot," and "feminine nickname(s)" such as "Brit-he Spears," "Lilliana," and "Officer Lillita" by other officers "on a daily basis." Pl.'s Opp'n, ECF No. 48-1 at 7; Def.'s Mot., ECF No. 45 at 4; Def.'s Ex. C, ECF No. 45-3 at 126:4-9, 146:5-15, 349:14-22, 350:3-351:18.

In January 2011, Mr. Lilly claims he found his locker covered in HIV/AIDS awareness magnets, along with the word "fag" written in Sharpie on the locker and a white liquid on the floor simulating semen. Def.'s Ex. C, ECF No. 45-3 at 171:14-19, 176:1-21. Mr. Lilly alleges that he attempted to report the incident via phone, id. at 158:15-18; but he did not notify an MPD supervisor, Sergeant Audra Smith, until October 29, 2012, see Pl.'s Exs. D & E, ECF No. 48-3 at 178, 180; Def.'s SOF Reply, ECF No. 54-1 at 8 ¶ 50. MPD was officially made aware of the incident on December 28, 2012. Pl.'s Ex. D, ECF No. 48-3 at 178. On January 13, 2013, Mr. Lilly emailed Sergeant Carlos Mejia of MPD's Gay and Lesbian Unit to follow up on his report, see Def.'s Ex. H, ECF No. 45-3 at 122-24; who raised the allegations to MPD's Equal Employment Opportunity ("EEO") Compliance Branch, which opened an investigation, see Def.'s Mot., ECF No. 45 at 6. On May 23, 2013, the MPD EEO Compliance Branch issued its report concerning the locker incident, concluding that the events "[did] not meet the threshold of discrimination based on sexual orientation." Def.'s Ex. I, ECF No. 45-3 at 126, 130.

In addition to the locker incident, Mr. Lilly alleges that in 2011 during an LGBTQ training, he was "singled out" and called a "faggot." Def.'s Ex. C, ECF No. 45-3 at 246:3-22. During one roll call, Mr. Lilly alleges that one officer looked at him and said, "All I know is that's on them and faggots burn in hell[.]" Id. at 246:15-22.

Mr. Lilly also claims that he was sexually harassed by Officers Maurice Clifford and Scott Pinto, who "constantly" sent him pictures of their genitalia and explicit text messages. Id. at 149:9-20, 150:7-13, 152:2-4, 153:9-11. He alleges that once when he was alone with these officers in the 4D gym, they pinned him against the wall, and on other occasions, they "grabb[ed his] ass at work," engaged in thigh and shoulder rubbing, and Officer Pinto once exposed himself to Mr. Lilly in the locker room. Id. at 152:8-18, 316:2-22, 317:5-9, 317:20-318:3. In late 2012, Mr. Lilly claims he reported these officers, but no action was taken. Id. at 314:6-8, 317:1-4; Pl.'s Ex. B, ECF No. 48-3 at 312:22-313:3, 314:6-315:6. But see Def.'s Mot., ECF No. 45 at 5 (contesting Mr. Lilly's claim that he reported the alleged harassment); Def.'s SOF Reply, ECF No. 54-1 at 2 ¶ 4.

2. Mr. Lilly's On-Duty Incidents and Affected Performance as an MPD Officer

On September 10, 2011, while on duty, Mr. Lilly responded to a call during which he was "attacked with a large knife by a mentally disturbed woman who had not bathed in" three months. Am. Compl., ECF No. 9 at 5 ¶ 24; Pl.'s Opp'n, ECF No. 48-1 at 8-9. As a result, Mr. Lilly developed a mites/scabies infestation that affected his body, home, and belongings. Pl.'s Opp'n, ECF No. 48-1 at 9; Def.'s Ex. D, ECF No. 45-3 at 70. He was placed on sick leave by a physician from MPD's Police and Fire Clinic ("PFC") on September 14, 2011, who provided a written diagnostic impression that Mr. Lilly was suffering from Acute Stress Disorder and Adjustment Disorder with Anxiety. Pl.'s Ex. C, ECF No. 48-3 at 176. Mr. Lilly remained on sick leave until he was cleared to return to work via limited duty status. See id. at 169-70. Mr. Lilly completed a limited duty assignment in the Court Liaison Division of the Internal Affairs Bureau ("IAB") from October 23, 2011 to January 29, 2012, when he returned to 4D patrol following approval by his PFC physician. Def.'s Ex. Z, ECF No. 45-3 at 284, 287; Am. Compl., ECF No. 9 at 7 ¶ 32.

"From January 2012 through August 2012, " Mr. Lilly alleges that his return to MPD 4D was met with increased "scrutiny, ridicule, and humiliation" by his fellow officers. Pl.'s Opp'n, ECF No. 48-1 at 10; Am. Compl., ECF No. 9 at 7 ¶ 33. He claims that he was called "bug man," "bedbugs," "drama queen," and "crazy," and that one officer blamed his reaction to the September 2011 incident on his sexual orientation. Pl.'s Opp'n, ECF No. 48-1 at 10; Am. Compl., ECF No. 9 at 7 ¶¶ 34-35. Then, on August 16, 2012, Mr. Lilly was involved in an on-duty incident that led an assailant to evade police capture. See Def.'s Ex. U, ECF No. 45-3 at 264-66. He was charged with Neglect of Duty and Failure to Obey, and on March 18, 2013, he received a fifteen-day suspension for this charge.³ Id. at 264. Mr. Lilly appealed this suspension, but the Chief of Police denied his appeal on April 8, 2013, finding that his conduct "was an embarrassment to the Department and to [him] as a law enforcement officer." Id. at 264-65. However, given his work history and lack of a disciplinary record, five of the suspension days were held in abeyance for one year. Id. at 266.

On September 27, 2012, Mr. Lilly responded to a possible kidnapping and was exposed to bedbugs at the scene. Def.'s Ex. E, ECF No. 45-3 at 77; Def.'s SOF Reply, ECF No. 54-1 at 2 ¶ 7. Mr. Lilly claims that he was ordered to go inside, while the other officers remained outside. See Def.'s Ex. E, ECF No. 45-3 at 79; Pl.'s Ex. B, ECF No. 48-3 at 282:1-22. Despite his prior history with bedbugs, he was ordered to transport an infected girl from the scene to the hospital. Def.'s Ex. E, ECF No. 45-3 at 80. Because of this incident, Mr. Lilly's mental health conditions were exacerbated. See id. at 82; Pl.'s Ex. C, ECF No. 48-3 at 141-42. As a result, on September 28, 2012, Mr. Lilly was placed on limited duty status for the second time, and his police powers were revoked the next day. See Def.'s Ex. F, ECF No. 45-3 at 88; Def.'s Ex. G, ECF No. 45-3 at 107 (detailing MPD's policy for revoking an officer's police powers due to a medical condition); Def.'s SOF Reply, ECF No. 54-1 at 2 ¶ 9. He also reported two hours late for work that day and was placed in a Leave Without Pay ("LWOP") status for two hours. See Pl.'s Ex. M, ECF No. 48-3 at 287.

A few days later, Mr. Lilly was referred by MPD officials for a Psychological Fitness for Duty Evaluation. Pl.'s Ex. F, ECF No. 48-3 at 182; Def.'s Ex. N, ECF No. 45-3 at 234. Dr. Gloria Morote ("Dr. Morote"), a licensed clinical psychologist, evaluated Mr. Lilly on October 10, 2012 and October 24, 2012, alongside MPD referral documents informing her that "following a period of good service[,] Officer Lilly's performance and appearance began to deteriorate in August/September 2012[,]" including "two major investigations for neglect of duty," "deterioration" in his mental condition, and "marked nervousness and erratic behavior while on-duty after an exposure to bedbugs." Pl.'s Ex. F, ECF No. 48-3 at 182-83; Def.'s SOF Reply, ECF No. 54-1 at 8 ¶ 51. Following her evaluation, Dr. Morote concluded that Mr....