Judge tosses suit that alleged female San Mateo County sheriff’s deputy was sexually harassed

A federal judge has dismissed a lawsuit filed by a female San Mateo County sheriff’s deputy who claimed she was assaulted and sexually harassed on the job.

U.S. District Judge Maxine Chesney found that Deputy Stacey Moody did not provide sufficient evidence that the county “knew or should have known” about alleged harassment and “did not take adequate steps to address it.”

Chesney also dismissed Moody’s claim that the county discriminated against her based on her gender. Moody contended she was “passed over for male employees” when she applied to two task forces, according to court documents.

The judge’s summary judgment order for dismissal — issued Dec. 22 — came less than a month before the lawsuit against the county and co-defendants Laurence Gaines and Ron Salazar was scheduled to go to trial.

The ruling shows “there’s essentially no way a jury could find in favor of Moody, that’s how thin the evidence is,” said Deputy County Counsel David Levy.

“The sheriff’s office is really pleased because they really did not discriminate against her, and it’s kind of nice to get that acknowledgment from the court,” Levy added.

Moody’s attorney, Waukeen McCoy, said Moody likely will appeal the judge’s order. Chesney also left open the possibility that some of the claims could be re-filed in state court, and McCoy said they likely will be.

“We’re 99 percent sure we’re going to appeal,” McCoy said. “We think the judge was clearly wrong in her analysis because she basically decided the case and the jury’s supposed to decide the case.”

The lawsuit, filed in April 2008, included charges of sexual harassment, discrimination, creating a hostile work environment, infliction of emotional distress, retaliation and negligence. It also accused Gaines of committing battery.

The lawsuit claims Gaines, who also was a sheriff’s deputy, assaulted Moody on July 6, 2007, while she was on duty by “placing her in a headlock, lifting her off the ground, and throwing her on the ground, causing her severe physical and emotional injuries.”

Gaines denied he assaulted Moody, saying the two were engaged in “horseplay.” Levy said the county fully investigated the incident and later fired Gaines because the county “felt he acted inappropriately.”

In her ruling, the judge said Moody did not provide evidence that the county “knew or should have known from some other source that Gaines would assault Moody without provocation.”

Reached by phone, Gaines maintained that he did not assault Moody and said the dismissal of Moody’s federal case “speaks to the veracity of the case, the veracity of Ms. Moody’s statements and claims.”

Moody also claimed Salazar, another sheriff’s deputy, harassed her between 2006 and 2007 by making statements such as “Hey girl, you’re hot,” according to court documents.

The county denied there was any harassment and said Moody was “well-known for engaging in explicit sexual banter” with co-workers, which “calls into question whether she was the victim of sexual harassment, and demonstrates that the acts of which she complains were not unwelcome,” according to court documents.

Salazar also testified he stopped making comments when Moody implied the banter was no longer welcome, according to the county’s court filings.

The judge ruled Moody failed to provide evidence that the county “knew or should have known” about Salazar’s alleged conduct, saying Moody did not complain to supervisors when the incidents were allegedly occurring.

Moody also claimed she was passed over for appointments to the Narcotics Task Force and the Vehicle Theft Task Force in favor of male candidates. But the judge said Moody did not “provide any foundation for her assertion that she had more seniority than the persons selected.”

Chesney also dismissed Moody’s claim that the county retaliated against her for complaining about the alleged sexual harassment.

Moody, 41, still works for the sheriff’s office, Levy said.

E-mail Shaun Bishop at sbishop@dailynewsgroup.com.