Federal judge rules against former chief deputy in sex discrimination case
By Melanie Davis
melanie@highcountrymedia.net

The final court documents in the dismissed lawsuit filed by former Watauga County Sheriff’s chief deputy Paula Townsend against former Sheriff Mark Shook and Watauga County have been released by the Western N.C. District Federal Court.

The dismissal of the employment discrimination case was verbally confirmed in late September.

Townsend filed the civil suit in federal court in June 2006, accusing Shook of firing her due to refused sexual advances and also claiming her termination was on the basis of her sex.

The county was also named in the suit for “negligent supervision and retention of Sheriff Mark Shook.”

U.S. Magistrate Judge Dennis L. Howell heard final motions on Sept. 12 and granted a motion for summary judgment filed by Shook and Watauga County.

For a judge to grant summary judgment, all evidence in the matter must be examined in the light most favorable to the plaintiff. It is then determined whether, assuming all evidence to be fact, the matter should be tried before a jury.

After reviewing testimony presented, Howell dismissed the case entirely including Shook’s counterclaim of defamation.

In the matter of Townsend’s wrongful termination claim — an alleged violation of Title VII of the Civil Rights Act — the federal court determined a lack of jurisdiction over such a claim.

Title VII excludes “any person elected to public office ... or any person chosen by such officer to be on the officer’s personal staff.” The court further determined “if the elected sheriff is to have a personal staff, it must start with the chief deputy.”

The dismissal reads, “The Title VII claims are dismissed without prejudice as to bringing a claim under the GERA [Government Employee Rights Act].” The GERA states an individual has the right to file a claim within 180 days of the alleged violation.

The dismissal document, in regards to the claim of termination based on the sex of the employee, Townsend, states, “claim is dismissed with prejudice for failure to state a claim cognizable as a matter of state law.” This matter also falls under the above exclusion.

As to the claim against Watauga County, this action was dismissed on the basis, “An elected sheriff is not an agent or employee of a county. It is well established that a county has neither the legal obligation nor duty to supervise a sheriff.”