FEDERAL COURT DENIES BURLESON COUNTY’S MOTION TO DISMISS SEXUAL ASSAULT LAWSUIT
A federal court has ruled against Burleson County’s motion to dismiss a lawsuit by a former county employee alleging she was sexually assaulted by former Burleson County Judge Mike Sutherland.
In February, U.S. Magistrate Judge Susan Hightower recommended that the county’s motion for summary judgment be denied. The recommendation was accepted and adopted earlier this month by U.S. District Judge Lee Yeakel in Austin.
According to court documents, the former clerk in the Burleson County Attorney’s Office argued that Sutherland, as a policymaker, “established a custom of harassing female employees” which led to her constitutional right to bodily integrity being violated, rendering the county liable for Sutherland’s actions. The county argued that Sutherland was not a policymaker, and that official county policy prohibits any form of harassment. It further argued there was no evidence of a connection between county policy or practice and the violation of the plaintiff’s rights.
The federal court ruled that Sutherland is considered a policymaker, saying the county’s official harassment policy entrusts the county judge with nonjudicial duties relating to county employees. The policy, according to court records, says any employee who has experienced harassment should report it to their supervisor or department head, but the report can be made to the county judge or county attorney if the employee feels it is the best course of action.
The court also ruled that there is a “factual dispute” as to whether Sutherland created an official custom or policy sanctioned by the county by sexually harassing female employees. In addition, because the plaintiff said she did not report the assaults to the county since she felt no action would be taken against him, the court said this created “a genuine issue of material fact” as to whether the county had a policy or custom of tolerating harassment that could be considered the “moving force” behind Sutherland’s alleged actions.
The plaintiff, represented by U.A. Lewis of Houston, agreed to a settlement in December with Sutherland, represented by David Minton of Austin, and his business, the Funky Junky.
A trial will be set after a hearing on March 26th. No criminal charges have been filed, and there is no investigation.