with the Equal Employment Officer for the District of Columbia Schools. Declaration of Julia Harris, Appended to Pl. Memorandum in Opposition to the Motion of Def. for Partial Summary Judgment and for Other Relief, at 5 ("Declaration of Julia Harris"). The officer's investigation did "not uncover any discriminatory treatment," Letter of Emanuel Carr to Julia Harris, September 8, 1981, id., at Exhibit 6, and plaintiff was informed of her "right to sue." She then filed a formal complaint with the District of Columbia Office of Human Rights on September 18, 1981. Id., at Exhibit 7.
The second incident plaintiff complains of occurred when, in November of 1981, she received a letter of suspension for refusing to carry out another assignment. Answer to Def. Interrogatory 28. Plaintiff again contested through the union grievance procedure, but when the union "did not pursue it," Declaration of Julia Harris, at 8, she amended her complaint at the District of Columbia Office of Human Rights to include this incident. Id.
Third, plaintiff received a letter on September 24, 1982 from her supervisor charging her "AWOL" for certain absences; when it was brought to the supervisor's attention that her leave had been approved, the AWOL charge was "modified and plaintiff was placed on LWOP." Answer to Def. Interrogatory 28. She characterizes her supervisor's behavior in this incident as action taken in "bad faith." Id.
Finally, a fourth incident occurred on April 14, 1983, when plaintiff received another letter of reprimand for refusing to perform mail desk duties; five days later, she was suspended from her job pending her termination on May 9, 1983. Id. She again filed a grievance through the union and again her grievance was denied. Declaration of Julia Harris, at 9. Following her suspension, plaintiff filed a complaint with the Office of Equal Employment Opportunity, id. at Exhibit 11, and again with the Office of Human Rights. Id. at Exhibit 12.
Failing to find the relief she desired, plaintiff commenced this suit on January 16, 1985.
II. SECTION 1983
Plaintiff's § 1983 action is against the District of Columbia government and Superintendent McKenzie individually.
A. Defendant District of Columbia
In her case against the municipality, the District of Columbia, the plaintiff must show: 1) a custom or policy, 2) of the city's policymaker, 3) which was the moving force behind and affirmatively linked to, 4) a deprivation of her constitutional rights. See Monell v. New York City Department of Social Services, 436 U.S. 658, 98 S. Ct. 2018, 56 L. Ed. 2d 611 (1978); City of Oklahoma City v. Tuttle, 471 U.S. 808, 105 S. Ct. 2427, 85 L. Ed. 2d 791 (1985). Thus municipal liability is necessarily premised on the demonstrated presence of a government policy or custom. Monell, 436 U.S. at 694, 98 S. Ct. at 2037.
In their motion for summary judgment, defendants argue that "there has been no allegation nor any evidence presented that any policy of the District of Columbia caused this mistreatment or indeed that any policy of the District of Columbia played any role in her mistreatment." Memorandum of Points and Authorities in Support of Motion of Def. for Partial Summary Judgment, at 6 (emphasis in original). Specifically, defendants point to Interrogatory Nos. 28-32, in which plaintiff was asked to describe the incidents upon which her allegations are based and to state the facts upon which she relies to support her contentions. Defendants correctly point out that "in none of these answers was any policy of the District of Columbia mentioned." Id., at 7.
Moreover, defendants point to pertinent sections of the District of Columbia Comprehensive Merit Personnel Act of 1978, D.C.Code § 1-601.1 et seq. (1981), and specifically to regulations concerning the Board of Education, 5 DCMR (D.C. Municipal Regulations) Board of Education 1010.1, to indicate that the District's policy is "to insure equality for women in the workplace." Memorandum of Points and Authorities in Support of Motion of Def. for Partial Summary Judgment, at 7.
Additionally, the defendants put into evidence, unchallenged, the fact that, according to the report by the D.C. Office of Human Rights, the affirmative action plan by the District of Columbia Public Schools for fiscal year 1983 reflected the following staff distribution by race and sex:
Professional Staff 2,310 Blacks 5,679 Blacks
17 Hispanics 42 Hispanics
17 Asians 18 Asians
273 Others 461 Others
1 Amer. Indian
Clerical Staff 289 Blacks 2,390 Blacks
7 Hispanics 17 Hispanics
1 Asian 8 Asians
9 Others 40 Others
Service Workers 1,574 Blacks 751 Blacks
12 Hispanics 14 Hispanics
1 Asian 3 Asians
82 Others 19 Others
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