Judge stops former officer's lawsuit

Despite the ruling in this case, the St. Petersburg police chief faces 10 other suits involving labor matters.

By LEANORA MINAI

© St. Petersburg Times, published January 9, 2001

TAMPA -- A federal judge Monday threw out a lawsuit by a former St. Petersburg police officer who claimed she was retaliated against for complaining about sexual harassment.

After hearing nearly five days of testimony, U.S. District Judge Ann Aldrich decided that she had not heard enough evidence for Karen Lea's case to continue.

After the ruling, police Chief Goliath Davis III, who faces 10 other lawsuits over labor matters involving his department, quietly exhaled and thanked his three attorneys.

"No sweat," the city's labor attorney, Tom Gonzalez, told Davis.

Later, Davis said, "I'm obviously happy with the judge's decision."

Lea said she was devastated and does not know whether she will appeal.

"The chief is all happy and smiling as if he was exonerated, but we never got to hear from the jury," said Lea, 49. "Had we been allowed to continue, the jury would have come back in my favor. The law prevails, but justice has not."

Last year, Lea sued the city of St. Petersburg, saying Davis had it in for her. She said she was unfairly disciplined because she complained about a subordinate officer who made sexually suggestive remarks to her.

Eight months after the remarks by Officer James McConaughey, Lea lost her temper when a computer manager inadvertently deleted a file she had worked on for two hours. She made profane remarks about the employee's sexual orientation.

She was suspended for 30 days and demoted from sergeant to officer.

In her lawsuit, Lea said McConaughey was given considerably lighter discipline from Davis for incidents of misconduct resulting from McConaughey's drinking problem. Lea claimed one such act for which McConaughey was not disciplined was his calling her at home and asking, "Are you naked?" and if she "put out" for subordinates.

But the court ruled the behavior by McConaughey, while "distasteful, offensive and inappropriate," was not sexual harassment or severe enough to constitute a hostile work environment.

The judge ruled to dismiss the lawsuit following a brief break Monday when Lea's attorney, James Sheehan, finished presenting Lea's case.

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