United States District Court, S.D. Mississippi, Northern Division
T. WINGATE UNITED STATES DISTRICT COURT JUDGE.
THIS COURT are two motions [Docket nos. 94 and
96] filed by Plaintiff Gayle Miller McMullin
(hereinafter referred to as “Plaintiff”).
Plaintiff submitted her Motion to Enforce Settlement
Agreement by Way of Partial Summary Judgment and Citation of
Contempt [Docket no. 94] and supporting memorandum brief
[Docket no. 95] on November 19, 2018. Plaintiff filed an
identical motion and supporting memorandum of law [Docket
nos. 96-97] on the same day. Plaintiff's two motions and
supporting briefs are undistinguishable in every
Mississippi Department of Public Safety (“MDPS”),
Commissioner Marshall Fisher in his official capacity and
Colonel Chris Gillard in his official capacity (hereinafter
collectively referred to as “Defendants”) filed
their response in opposition and memorandum brief of law
[Docket nos. 102-103] on December 3, 2018. Plaintiff filed a
rebuttal in support of her motion on December 17, 2018.
[Docket no. 106].
Motion asserts that the Defendants breached a 2015 Settlement
Agreement [Docket no. 94-1], which provided, among other
things, that Plaintiff would be promoted to the rank of
Captain and given the position of Training Director of the
Mississippi Department of Public Safety. Plaintiff asks
this Court for the following relief: (a) an Order mandating
that she be placed back into her Training Director position;
(b) an Order granting her partial Summary Judgment as to
liability for violation of the Settlement; (c) an Order
adjudicating the Defendants in civil contempt for willful
violation of said Order; and (d) a trial on damages for the
willful violation of this Court's Order and Settlement
Agreement in Civil Action No. 3:13-cv-68-CWR-FKB. [Docket no.
94, ¶ 7]. Defendants claim they have fulfilled their
obligations under the Settlement Agreement and are not in
breach or contempt. For the reasons stated herein, this Court
agrees with the Defendants and DENIES Plaintiff's Motion
for Contempt and Partial Summary Judgment.
is employed by MDPS and carries the rank of Captain. Prior to
becoming Captain, Plaintiff filed a lawsuit (hereinafter
referred to as “initial lawsuit”) against MDPS,
alleging racial discrimination in employment in violation of
Title VII of the Civil Rights Act of 1964 (as
amended) and Title 42 U.S.C. §
1983. In her initial lawsuit, Plaintiff alleged
that she had been denied a transfer and promotion as Training
Director for MDPS because of her race, Caucasian.
initial lawsuit, The Honorable Judge Carlton Reeves granted
summary judgement in favor of the Defendants, MDPS and then
Commissioner Albert Santa Cruz, finding that Plaintiff, had
failed to establish a prima facie case of race-based
discrimination. Judge Reeves entered a final judgment
dismissing the case with prejudice on May 6,
2014. The Court of Appeals for the Fifth
Circuit; however, found that the district court had erred in
granting summary judgment and, consequently, vacated the
district court's judgement and remanded the case for
trial on April 28, 2015.
Settlement and Terms
thereafter, entered into a Settlement and Release Agreement
(hereinafter referred to as the “Settlement
Agreement”) with MDPS on September 18, 2015. [Docket
no. 94-1]. As part of the Settlement Agreement, MDPS agreed
to: (1) promote Plaintiff, then carrying the rank of
Lieutenant to Captain; and (2) to appoint Plaintiff as
Director of Training for the Mississippi Highway Patrol. The
Settlement Agreement did not indicate that Plaintiff was to
remain in the position of Director of Training for any
prescribed length of time. In exchange for her promotion and
other covenants, Plaintiff agreed to dismiss her initial
lawsuit and to release Defendants MDPS and Albert Santa Cruz,
in his official capacity, from all claims filed against them
in her initial lawsuit.
Plaintiff's promotion to Captain and appointment to
position of Training Director
promoted Plaintiff to the rank of Captain and appointed her
as the Director of Training on September 21,
2015. The Training Director is tasked with
providing oversight for the continued in-service training of
Mississippi State Troopers, to maintain their certification,
as well as directing Trooper Schools for newly hired
Troopers. [See Docket no. 103, pp. 1-3].
date, MDPS has taken no action to remove Plaintiff from the
Training Director's position; Plaintiff retains the same
rank, PIN number, and duties bestowed upon her on September
Plaintiff's leave of absence due to ...