Free Statement - District Court of Arizona - Arizona

Georgia A. Staton, 004863 Rebecca J. Herbst, 020491 JONES, SKELTON & HOCHULI, P.L.C. 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 (602) 263-1752; (602) 263-7365 [email protected]; [email protected] Attorneys for Defendants Wayne and Patricia Corcoran UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Bobbie M. Golden and Daniel Golden, husband and wife; and Shelley M. Hebets Plaintiffs, v. State of Arizona ex rel.; Arizona Department of Administration and The Capitol Police Division; Wayne Corcoran and Patricia Corcoran, husband and wife; and Andrew Staubitz and Laura Staubitz, husband and wife, Defendants. Pursuant to LRCiv. 56.1, Defendant Wayne Corcoran submits his separate Statement of Facts in support of his Motion for Summary Judgment. These facts are undisputed for the purposes of this M otion for Summary Judgment only. See LRCiv. 56.1(a). Sgt. Corcoran 1. In 1996, Sgt. Corcoran retired from the Phoenix Police Department after DEFENDANT WAYNE CORCORAN'S STATEMENT OF FACTS NO. CIV 04-0320-PHX-PGR

working there for 30 years. Defendant Wayne Corcoran's deposition, attached as Exhibit 1, p.8:12-23. 2. For the next year, Sgt. Corcoran acted as an expert witness, taught across

the country, and acted as the personal bodyguard to the President of the Salt River Pima Indian Community. Exhibit 1, p. 8:24 ­ p. 9:6; p. 13:14-17; p. 17:13-15.

Case 2:04-cv-00320-PGR

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3.

Sgt. Corcoran joined the Capitol Police Department as an officer in July

1997. Exhibit 1, p. 7:25 ­ p. 8:1. 4. The Capital Police Department promoted him to Sergeant one year later.

Exhibit 1, p. 9:19-25. 5. Sgt. Corcoran never supervised anyone, including Plaintiffs, at the Capitol

Police Department. Exhibit 1, p. 51:6-8; p. 74:12-19. 6. Sgt. Corcoran was trained to measure for body armor. Exhibit 1, p. 45:13-

18; p. 75:20 ­ p. 76:8. 7. Sgt. Corcoran retired from the Capital Police Department in September

2002. Exhibit 1, p. 24:4-6. 8. He currently is a Lieutenant with the Maricopa County Sheriff's Office.

Exhibit 1, p. 5:9-13. Plaintiff Golden 9. Golden started at the Capitol Police Department in February of 1996.

Plaintiff Golden's deposition, attached as Exhibit 2, p. 26:13-20. 10. Golden never reported to Sgt. Corcoran. Between 1996 and 2004 she

reported to Sgt. Christley, Sgt. Neus, and Sgt. Corey. Exhibit 2, p. 29:2-25. 11. No comments were ever made to Golden which she believes were

discriminatory based on her National origin. Exhibit 2, p. 225:18-21. Golden's First Sexual Harassment Allegation Against Sgt. Corcoran 12. Golden claims that at a street survival seminar some time before January

of 2002, after giving her some books and a device for her vest for a secondary weapon, Sgt. Corcoran kissed her on the cheek. Exhibit 2, p. 53:14 -- p. 56:8. 13. 14. Golden told Sgt. Corcoran "thank you" and left. Exhibit 2, p. 56:9-25. Golden did not report the kiss to anybody. Exhibit 2, p. 57:5-7.

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15.

Sgt. Corcoran never kissed Golden on the cheek before or after that one

incident. Exhibit 2, p. 57:8-13. Golden's Second Sexual Harassment Allegation Against Sgt. Corcoran 16. In the summer of 2002, the department ordered new ballistic vests. Golden

knew the department was ordering new vests. Exhibit 2, p. 83:10-25. 17. 16. 18. Golden, however, found it inappropriate for Sgt. Corcoran to measure her Sgt. Corcoran measured officers for their ballistic vests. Exhibit 2, p. 71:15-

for her ballistic vest. Exhibit 2, p. 65:8-19. 19. Golden was in the briefing room when Sgt. Corcoran approached her and

said, "I am going to measure you for your vest." Exhibit 2, p. 85:9-19. 20. Golden recalls other people being in the briefing room at the time, but does

not remember who. Exhibit 2, p. 89:23-25. 21. Golden asked Sgt. Corcoran why she was going to be measured for her

ballistic vest because she was pregnant and she felt the measurements were not going to be accurate. Sgt. Corcoran replied, "it'll be fine." Exhibit 2, p. 90:5-18. 22. Sgt. Corcoran proceeded to take the measurements with a soft measuring

tape. Exhibit 2, p. 92:10-14. 23. Golden recalls Sgt. Corcoran measuring her waist, chest, from the top of

her neck down to her waist. Exhibit 2, p. 93:12 -- p. 94:22. 24. 25. Golden was in civilian clothes at the time. Exhibit 2, p. 90:23-24. When Sgt. Corcoran measured around Golden's chest, he started the tape

measure at her armpit, wrapped it around her back, and measured to where it connected again at her armpit. Exhibit 2, p. 93:24 -- p. 94:14.

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26.

Female officers are also required to provide their bra cup size as part of

the measurements. Measurements chart, attached as Exhibit 3. 27. When it came time to providing a cup size, Golden claims that Sgt. Corcoran

said the following: he told her that he was not supposed to be measuring the female officers, and asked if he should go to the cafeteria and get a sixteen ounce, thirty-two ounce, or forty-four ounce cup. He was laughing when he said it. Exhibit 2, p. 95:12-25. 28. Golden does not remember saying anything in response to the joke about

cup size. Exhibit 2, p. 97:2-5. 29. The entire measurement process took approximately three to four minutes.

Exhibit 2, p. 97:11-15. 30. Golden testified that she later told Captain Swart and Sgt. Neus, separately,

that she was upset that Sgt. Corcoran had measured her. Exhibit 2, p. 78:10-25. 31. On September 16, 2002, Golden sent an e-mail to Sgt. Neus, regarding Sgt.

Corcoran taking ballistic vest measurements. Exhibit 2, p. 110:7-18. See e-mail attached as Exhibit 4. She wrote: Upon your request, I am providing the following information regarding Sergeant W. Corcoran's assignment to obtain measurements for replacement body armor. Sergeant Corcoran approached me during the time we were scheduled to be receiving replacement body armor and indicated that he needed to obtain my measurements. Sergeant Corcoran and I were in the briefing room at the end of a briefing. I do not recall whether or not other officers were present. While obtaining my measurements, Sergeant Corcoran related that Chief Staubitz instructed him not measure any of the female officers. As he was already obtaining the measurements and no inappropriate contact was occurring, I did not object to the measurements being taken. The only comment that was made, related to my chest size to wit Sergeant Corcoran said something to the effect, "If you want, I can go to the cafeteria and get drink cups and you can say if you are a 24, 32, or 44 ounce." I did not take offense to Sergeant Corcoran's comment as such comments have been made several times before in a joking manner. I have no recollection of any specific comments or dates and times of which they may have occurred. 4 Case 2:04-cv-00320-PGR Document 84 Filed 08/05/2005 Page 4 of 11

Golden's Third Allegation Against Sgt. Corcoran 32. Golden complained to the EEOC that Sgt. Corcoran continued to visit the

state complex after he left the Capital Police Department. However, she never saw him in the complex. Exhibit 2, p. 120:9-17. 33. On July 22, 2003, Golden saw Sgt. Corcoran in the parking lot of the state

complex. Exhibit 2, p. 121:8-16. 34. Golden was standing outside her vehicle, talking on her cell phone when

Sgt. Corcoran pulled his vehicle up along side her. He got out of his vehicle and said "he wanted to talk to her about what was going on." Exhibit 2, p. 121:23 -- p. 123:16; p. 127:8 -- p. 128:6. 35. Golden told him that she needed to leave and she got in her vehicle. At

that point, Sgt. Corcoran got in his vehicle as well. Exhibit 2, p. 128:14-17. 36. The entire exchange lasted about one minute. Exhibit 2, p. 128:18-23. Golden's Conduct 37. Golden testified that Jim Warner, another officer in the department who

was later promoted to Sergeant, made comments about her breast size but that did not offend her. Exhibit 2, p. 117:17 -- p. 119:3. 38. Golden did not report Warner's comments about her breast size to anyone

at the Capitol Police Department. Exhibit 2, p. 119:4-7. 39. In February of 2004, officers in the briefing room were talking about a

girl on a web site, in a school uniform, who was talking about anal sex. Exhibit 2, p. 138:7 ­ p. 139.8. 40. The officers thought the girl on the website looked like Golden. Exhibit

2, p. 138:16-19.

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41.

Golden told the other officers that she did not think the girl in the picture

looked like her and went home. Exhibit 2, p. 139:25 -- p. 140:1. 42. Golden was not offended by the references to anal sex or the officers'

comments that it looked like her. Exhibit 2, p. 140:2-6. 43. Golden heard that Hebets also saw the web site, laughed, and said it looked

like Golden. However, Golden was not offended that Hebets would laugh and suggest that a girl depicted in a web site discussing anal sex looked like her. Exhibit 2, p. 140:18 -- p. 141:6. Plaintiff Hebets 44. Hebets started with the Capitol Police Department in October 2000 as a

police assistant. Plaintiff Hebets' depo., attached as Exhibit 5, p. 16:25 ­ p. 17:2; p. 17:2325. 45. Hebets graduated from the Police Academy in November 2001 and she

returned to the Capitol Police Department as an Officer. Exhibit 5, p. 22:17-22. 46. Hebets never reported to Sgt. Corcoran. She reported to Sgt. Neus, Sgt.

Warner, Corporal Boettcher, and Sgt. Corey. Exhibit 5, p. 22:23 ­ p. 25:12. 47. Hebets testified that she does not think Corcoran took any action against

her on the basis of her National origin. Exhibit 5, p. 47:16-25. 48. Hebets testified that the only injuries she sustained as a result of Corcoran's

conduct was embarrassment because he measured for her ballistic vest and tugged on her shorts at a seminar class. Exhibit 5, p. 99:21 -- p. 100:13. Hebets' First Sexual Harassment Allegation Against Sgt. Corcoran 49. Hebets was aware in the summer of 2002 that the department was trying

to order a lighter ballistic vest. Exhibit 5, p. 51:21- 25.

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50.

However, she found it inappropriate that Sgt. Corcoran measured her for

her ballistic vest. Exhibit 5, p. 40:14 -- p. 42:1. 51. When Hebets arrived on shift, Sgt. Corcoran told her that he was going

to measure her for her ballistic vest. Exhibit 5, p. 53:9-22. 52. At that point Golden said: "`Oh,' jokingly, `I don't want to do it' and

jokingly, so ­ but [Golden] she's like `You need to be measured.'" Exhibit 2, p. 72:7 -- 73:6; Exhibit 5, p. 53:16-18. 53. 54. Hebets said "Okay." Exhibit 5, p. 53:19. Hebets and Corcoran entered Corcoran's office and he closed the door.

He asked Hebets to take off her outer shirt and vest so that she could be measured. Exhibit 5, p. 57:24 -- p. 58:7. 55. All officers must remove their uniform shirts before they can be measured

for a ballistics vest. The vest is worn underneath the uniform shirt. Additionally, the uniform shirt has badges, pockets, and other items that would interfere with the measurements. Exhibit 1, p. 47:7-11; p. 60:20 ­ p. 61:11. 56. At the time she was measured for her ballistic vest, Hebets was wearing

a tight white shirt and a sports bra. Exhibit 5, p. 41:4-7. 57. p. 61:5. 58. When Corcoran measured Hebets' chest, he stood on the side of her and Corcoran measured Hebets' waist, chest and back. Exhibit 5, p. 59:4 --

measured her from armpit to armpit. Exhibit 5, p. 60:9-19. 59. Corcoran did not say anything inappropriate to Hebets while he measured

her. Exhibit 5, p. 61:6-8.

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60.

Hebets thought it would have been more appropriate for Corcoran to stand

behind her when he measured her chest, rather than stand on her side. Exhibit 5, p. 61:19 -- p. 62:22. 61. While Corcoran measured Hebets, his hand did not touch her breast in

any way. Exhibit 5, p. 65:12-14. 62. It took Corcoran approximately five to ten minutes to measure Hebets and

he was measuring her the entire time. Exhibit 5, p. 65:15-24. 63. Corcoran did not say or do anything that was not related to the measuring

for the ballistic vests. Exhibit 5, p. 66:5-10. 64. Golden knows that a person has to be qualified to measure someone for

a ballistic vest and she was not qualified in that regard. Exhibit 2, p. 210:6-14. 65. Hebets did not ask to have anybody else measure her for body armor.

Exhibit 5, p. 56:11 -- p. 57:7. 66. Later that day, Hebets told Sergeant Warner that Sergeant Corcoran had

taken her into his office, closed the door and had her take off her shirt and vest so that he could measure her. She told Sergeant Warner that it made her uncomfortable. Exhibit 5, p. 67:9-25. 67. A few days later, she relayed the same information to Sergeant Neus.

Exhibit 5, p. 68:3-18. Hebets' Second Sexual Harassment Allegation Against Sgt. Corcoran 68. Hebets also complained of an incident that occurred on August 21, 2002,

at a street survival seminar. Exhibit 5, p. 81:7-11. 69. Hebets was dressed appropriately on the first two days of the seminar.

However, on the third day, she arrived in shorts, which she wears on her hips, not her waist. Exhibit 1, p. 77: 1-15; Exhibit 5, p. 90:7-14.

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70.

While Sergeant Corcoran was standing next to Hebets, he said, "oh, is it

casual wear today?" Exhibit 5, p. 86:22-23; p. 88:8-11, p. 91:16-19. 71. Hebets claimed that as Corcoran was standing on the side of her, he "took

his finger and cuffed it into the cuff of my shorts and pulled them up my thigh." Exhibit 5, p. 91:23-25; still frame from videotaped deposition attached as Exhibit 6. 72. Hebets did not say anything to Corcoran but slapped his hand and pushed

it away. Exhibit 5, p. 97:25 -- p. 98:3. 73. 74. Corcoran did not say anything else to Hebets. Exhibit 5, p. 98:4-6. On September 9, 2002, upon the request of Sgt. Neus, Hebets complained

about that event in writing. Exhibit 5, p. 81:12-17; p. 84:8 -- p. 85:7. She wrote that although she had previously complained about the incident, she "did not request any action to be taken." Memo attached as Exhibit 7. Hebets' Conduct 75. Hebets looked at the radio station web site that had a picture of a girl in

a school uniform talking about anal sex. Exhibit 5, p. 103:8-17; p. 104:6- 9. 76. 77. Hebets thought the girl looked like Bobbie Golden. Exhibit 5, p. 104:10-14. Hebets does not have an opinion as to whether it was appropriate to look

at a radio station web site talking about anal sex while on duty at the State Capital. Exhibit 5, p. 104:22 -- p. 106:6. 78. Hebets obtained her first ballistic vest when she graduated from the police

academy at John's Uniform, where she was measured by a man. Exhibit 5, p. 49:3-15. 79. 5, p. 50:4-8. 80. While she was measured at John's Uniform, she had a bra and T-shirt on Hebets did not ask for a woman to measure her at John's Uniforms. Exhibit

and was not uncomfortable. Exhibit 5, p. 50:9-18.

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81. 49:7-21. 82.

The man at John's Uniform measured her waist and bust. Exhibit 5, p.

Hebets was also measured for a ballistic vest in August, 2004, at Arizona

Tactical, a uniform store. Exhibit 5, p. 63:18-25. 83. She was measured by a man, at Arizona Tactical, who measured her waist,

chest and back. Exhibit 5, p. 64:2 -- p.65:11. 84. Hebets saw Corcoran on two occasions at the Capital Police Department

after he retired. Exhibit 5, p. 191:24 -- p. 192:4. The first time she saw him coming out of the executive offices which were not a locked area. Exhibit 5, p. 192:10-25. 85. She did not have a conversation with him and he did not do anything

inappropriate. Exhibit 5, p. 193:1-4. The second time she saw him, Corcoran spoke to her while she was working at the lobby desk in the governor's tower. Exhibit 5, p. 193:11-14. They talked for not even one minute. Exhibit 5, p. 195:5-6. RESPECTFULLY SUBMITTED this 5th day of August, 2005. JONES, SKELTON & HOCHULI, P.L.C.

By_____________s/__________________ Georgia A. Staton Rebecca J. Herbst 2901 North Central Avenue Suite 800 Phoenix, Arizona 85012 Attorneys for Defendants Wayne & Patricia Corcoran

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ORIGINAL of the foregoing filed this ___5th__ day of August, 2005 with: Clerk of the U.S. District Court District of Arizona COPIES of the foregoing mailed this __5th__ day of August, 2005, to: Marshall A. Martin, Esq. LAW OFFICES OF MARSHALL A. MARTIN 8930 E. Raintree Drive Suite 100 Scottsdale, AZ 85250 480-444-9980 FAX: 480-308-0015 Attorneys for Plaintiffs Lisa K. Hudson, Esq. Michael M. Walker, Esq. Assistant Attorneys General Office of the Attorney General 1275 West Washington Street Phoenix, Arizona 85007-2926 Attorneys for Defendants Arizona Department of Administration and Capitol Police Steven G. Biddle, Esq. LITTLER MENDELSON 2425 East Camelback Road Suite 900 Phoenix, Arizona 85016 Attorneys for Defendants Andrew and Laura Staubitz

___________s/_____________________

1453944_1

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Case 2:04-cv-00320-PGR