Full text of Judge Susan Webber Wright's ruling -- First section

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION
No. LR-C-94-290
PAULA CORBIN JONES, Plaintiff, vs. WILLIAM JEFFERSON CLINTON and DANNY FERGUSON, Defendants.
JUDGMENT
Pursuant to the Memorandum Opinion and Order entered in this matter on this date, it is Considered, Ordered, and Adjudged that this case be and it hereby is dismissed. The relief sought is denied.
IT IS SO ORDERED this 1st day of April 1998.
Susan Webber Wright
UNITED STATES DISTRICT JUDGE
MEMORANDUM OPINION AND ORDER
The plaintiff in this lawsuit, Paula Corbin Jones, seeks civil damages from William Jefferson Clinton, President of the United States, and Danny Ferguson, a former Arkansas State Police Officer, for alleged actions beginning with an incident in a hotel suite in Little Rock, Arkansas. This case was previously before the Supreme Court of the United States to resolve the issue of Presidential immunity but was remanded to this Court following the Supreme Court's determination that there is no constitutional impediment to allowing plaintiff's case to proceed while the President is in office. See Clinton v. Jones, 117 Supreme Court 1636 (1997). Following remand, the President filed a motion for judgment on the pleadings and dismissal of the complaint pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. Ferguson joined in the President's motion. By Memorandum Opinion and Order dated August 22, 1997, this Court granted in part and denied in part the President's motion. See Jones v. Clinton, 974 F.Supp. 712 (Eastern District of Arkansas 1997). The Court dismissed plaintiff's defamation claim against the President, dismissed her due process claim for deprivation of a property interest in her State employment, and dismissed her due process claims for deprivation of a liberty interest based on false imprisonment and injury to reputation, but concluded that the remaining claims in plaintiff's complaint stated viable causes of action. See id. Plaintiff subsequently obtained new counsel and filed a motion for leave to file a first amended complaint, which the Court granted, albeit with several qualifications. See Order of November 24, 1997. The matter is now before the Court on motion of both the President and Ferguson for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff has responded in opposition to these motions, and the President and Ferguson have each filed a reply to plaintiff's response to their motions. For the reasons that follow, the Court finds that the President's and Ferguson's motions for summary judgment should both be and hereby are granted.
I.
This lawsuit is based on an incident that is said to have taken place on the afternoon of May 8, 1991, in a suite at the Excelsior Hotel in Little Rock, Arkansas. President Clinton was Governor of the State of Arkansas at the time, and plaintiff was a State employee with the Arkansas Industrial Development Commission ("AIDC"), having begun her State employment on March 11, 1991. Ferguson was an Arkansas State Police officer assigned to the Governor's security detail.
According to the record, then-Governor Clinton was at the Excelsior Hotel on the day in question delivering a speech at an official conference being sponsored by the AIDC. Amended Complaint paragraph 7. Plaintiff states that she and another AIDC employee, Pamela Blackard, were working at a registration desk for the AIDC when a man approached the desk and informed her and Blackard that he was Trooper Danny Ferguson, the Governor's bodyguard. Plaintiff's Statement of Material Facts, paragraphs 1-2. She states that Ferguson made small talk with her and Blackard and that they asked him if he had a gun as he was in street clothes and they "wanted to know." Plaintiff's Deposition at 101. Ferguson acknowledged that he did and, after being asked to show the gun to them, left the registration desk to return to the Governor. Id.; Plaintiff's Statement of Material Facts, paragraph 2. The conversation between plaintiff, Blackard, and Ferguson lasted approximately five minutes and consisted of light, friendly banter; there was nothing intimidating, threatening, or coercive about it. Plaintiff's Deposition at 226-27.
Upon leaving the registration desk, Ferguson apparently had a conversation with the Governor about the possibility of meeting with plaintiff, during which Ferguson states the Governor remarked that plaintiff had "that come-hither look," i.e. "a sort of [sexually] suggestive appearance from the look or dress." Ferguson Deposition at 50; Plaintiff's Statement of Material Facts, paragraph 3; President's Deposition at 109. He states that "some time later" the Governor asked him to "get him a room, that he was expecting a call from the White House and ... had several phone calls that he needed to make," and asked him to go to the car and get his briefcase containing the phone messages. Ferguson Deposition at 50, 67. Ferguson states that upon obtaining the room, the Governor told him that if plaintiff wanted to meet him, she could "come up." Id. at 50.
Plaintiff states that Ferguson later reappeared at the registration desk, delivered a piece of paper to her with a four-digit number written on it, and said that the Governor would like to meet with her in this suite number. Plaintiff's Statement of Material Facts, paragraph 6. She states that she, Blackard, and Ferguson talked about what the Governor could want and that Ferguson stated, among other things, "We do this all the time." Id. Thinking that it was an honor to be asked to meet the Governor and that it might lead to an enhanced employment opportunity, plaintiff states that she agreed to the meeting and that Ferguson escorted her to the floor of the hotel upon which the Governor's suite was located. Amended Complaint paragraphs 11-13.
Plaintiff states that upon arriving at the suite and announcing herself, the Governor shook her hand, invited her in, and closed the door. Plaintiff's Statement of Material Facts, paragraphs 7-8. She states that a few minutes of small talk ensued, which included the Governor asking her about her job and him mentioning that Dave Harrington, plaintiff's ultimate superior within the AIDC and a Clinton appointee, was his "good friend." Id. paragraph 8; Amended Complaint paragraph 17. Plaintiff states that the Governor then "unexpectedly reached over to [her], took her hand, and pulled her toward him, so that their bodies were close to each other." Plaintiff's Statement of Material Facts, paragraph 9. She states that she removed her hand from his and retreated several feet, but that the Governor approached her again and, while saying, "I love the way your hair flows down your back" and "I love your curves," put his hand on her leg, started sliding it toward her pelvic area, and bent down to attempt to kiss her on the neck, all without her consent. Id. paragraphs 9-10; Plaintiff's Deposition at 237-38. Plaintiff states that she exclaimed, "What are you doing?," told the Governor that she was "not that kind of girl," and "escaped" from the Governor's reach "by walking away from him." Plaintiff's Statement of Material Facts, paragraph 11; Plaintiff's Deposition at 237. She states she was extremely upset and confused and, not knowing what to do, attempted to distract the Governor by chatting about his wife. Plaintiff's Statement of Material Facts, paragraph 11. Plaintiff states that she sat down at the end of the sofa nearest the door, but that the Governor approached the sofa where she had taken a seat and, as he sat down, "lowered his trousers and underwear, exposed his penis (which was erect) and told [her] to 'kiss it.'" Id. She states that she was "horrified" by this and that she "jumped up from the couch" and told the Governor that she had to go, saying something to the effect that she had to get back to the registration desk. Id. paragraph 12. Plaintiff states that the Governor, "while fondling his penis," said "Well, I don't want to make you do anything you don't want to do," and then pulled up his pants and said, "If you get in trouble for leaving work, have Dave call me immediately and I'll take care of it." Id. She states that as she left the room (the door of which was not locked), the Governor "detained" her momentarily, "looked sternly" at her, and said, "You are smart. Let's keep this between ourselves." Id. ; Plaintiff's Deposition at 94, 96-97.
Plaintiff states that the Governor's advances to her were unwelcome, that she never said or did anything to suggest to the Governor that she was willing to have sex with him, and that during the time they were together in the hotel suite, she resisted his advances although she was "stunned by them and intimidated by who he was." Plaintiff's Statement of Material Facts, paragraph 14. She states that when the Governor referred to Dave Harrington, she "understood that he was telling her that he had control over Mr. Harrington and over her job, and that he was willing to use that power." Id. paragraph 13. She states that from that point on, she was "very fearful" that her refusal to submit to the Governor's advances could damage her career and even jeopardize her employment. Id.
Plaintiff states that when she left the hotel suite, she was in shock and upset but tried to maintain her composure. Id. paragraph 15. She states she saw Ferguson waiting outside the suite but that he did not escort her back to the registration desk and nothing was said between them. Id. Ferguson states that five or ten minutes after plaintiff exited the suite he joined the Governor for their return to the Governor's Mansion and that the Governor, who was working on some papers that he had spread out on the desk, said, "She came up here, and nothing happened." Id. paragraph 16; Ferguson Deposition at 63.
Plaintiff states she returned to the registration desk and told Blackard some of what had happened. Blackard Deposition at 68. Blackard states plaintiff was shaking and embarrassed. Id. Following the Conference, plaintiff states that she went to the workplace of a friend, Debra Ballentine, and told her of the incident as well. Plaintiff's Statement of Material Facts, paragraph 18. Ballentine states that plaintiff was upset and crying. Ballentine Deposition at 48. Later that same day, plaintiff states she told her sister, Charlotte Corbin Brown, what had happened and, within the next two days, also told her other sister, Lydia Corbin Cathey, of the incident. Id. paragraph 20. Brown's observations of plaintiff's demeanor apparently are not included in the record. Cathey, however, states that plaintiff was "bawling" and "squalling," and that she appeared scared, embarrassed, and ashamed. Cathey Deposition at 52.
Ballentine states that she encouraged plaintiff to report the incident to her boss or to the police, but that the plaintiff declined, pointing out that her boss was friends with the Governor and that the police were the ones who took her to the hotel suite. Ballentine Deposition at 50. Ballentine further states that plaintiff stated she did not want her fiance to know of the incident and that she "just want[ed] this thing to go away." Id. Plaintiff states that what the Governor and Ferguson had said and done made her "afraid" to file charges. Plaintiff's Statement of Material Facts, paragraph 19.
Plaintiff continued to work at AIDC following the alleged incident in the hotel suite. Id. paragraph 22. One of her duties was to deliver documents to and from the Office of the Governor, as well as other offices around the Arkansas State Capitol. Id. She states that in June 1991, while performing these duties for the AIDC, she encountered Ferguson who told her that Mrs. Clinton was out of town often and that the Governor wanted her phone number and wanted to see her. Id. Plaintiff states she refused to provide her phone number to Ferguson. Id. She states that Ferguson also asked her how her fiance, Steve, was doing, even though she had never told Ferguson or the Governor his name, and that this "frightened" her. Id. paragraph 23. Plaintiff states that she again encountered Ferguson following her return to work from maternity leave and that he said he had "told Bill how good looking you are since you've had the baby." Id. paragraph 25. She also states that she was "accosted" by the Governor in the Rotunda of the Arkansas State Capitol when he "draped his arm over her, pulled her close to him and held her tightly to his body," and said to his bodyguard, "Don't we make a beautiful couple: Beauty and the Beast?" Id. paragraph 24. Plaintiff additionally states that on an unspecified date, she was waiting in the Governor's outer office on a delivery run when the Governor entered the office, patted her on the shoulder, and in a "friendly fashion" said, "How are you doing, Paula?" Plaintiff's Deposition at 244-45.
Plaintiff states that she continued to work at AIDC "even though she was in constant fear that [the Governor] would retaliate against her because she had refused to have sex with him." Id. paragraph 27. She states this fear prevented her from enjoying her job. Id. Plaintiff states that she was treated "very rudely" by certain superiors in AIDC, including her direct supervisor, Clydine Pennington, and that this "rude treatment" had not happened prior to her encounter with the Governor. Id. She states that after her maternity leave, she was transferred to a position which had much less responsibility and that much of the time she had nothing to do. Id. paragraph 28; Plaintiff's Deposition at 53. Plaintiff states that she was not learning anything, that her work could not be fairly evaluated, and that as a result, she could not be fairly considered for advancement and other opportunities. Plaintiff's Statement of Material Facts, paragraph 28. She states that Pennington told her the reason for the transfer was that her prior position had been eliminated, but that she later learned this was untrue, as her former position was being occupied by another employee. Id. Plaintiff states that she repeatedly expressed to Pennington an interest in transferring to particular positions at a higher "grade" which involved more challenging duties, more potential for advancement, and more compensation, but that Pennington always discouraged her from doing so and told her she should not bother to apply for these positions. Id. paragraph 29. She goes on to state that her superiors exhibited hostility toward her by moving her work location, refusing to give her meaningful work, watching her constantly, and failing to give her flowers on Secretary's Day in 1992, even though all the other women in the office received flowers. Id. paragraph 30.
Plaintiff voluntarily terminated her employment with AIDC on February 20, 1993, in order to move to California with her husband, who had been transferred. Amended Complaint paragraph 40; Plaintiff's Deposition at 48. She states that in January 1994, while visiting family and friends in Arkansas, she was informed of an article in The American Spectator magazine that she claims referred to her alleged encounter with the Governor at the Excelsior Hotel and incorrectly suggested that she had engaged in sexual relations with the Governor. Plaintiff's Statement of Material Facts, paragraph 33. Plaintiff states that she also encountered Ferguson in a restaurant during this same time and that he indicated he was the source for the article and that he knew she had refused the Governor's alleged advances because, he said, "Clinton told me you wouldn't do anything anyway, Paula." Id. paragraph 35.
On February 11, 1994, at an event attended by the media, plaintiff states that she publicly asked President Clinton to acknowledge the incident mentioned in the article in The American Spectator, to state that she had rejected his advances, and to apologize to her, but that the President responded to her request for an apology by having his press spokespersons deliver a statement on his behalf that the incident never happened and that he never met plaintiff. Am. Compl. (paragraphs) 47-48. Thereafter, on May 6, 1994, plaintiff filed this lawsuit.
Plaintiff's amended complaint contains several claims, three of which remain at issue. See Jones, 974 F.Supp. 712; Order of November 24, 1997. The first is a claim under 42 U.S.C. (section) 1983 in which plaintiff alleges that Governor Clinton, acting under color of state law, deprived her of her constitutional right to equal protection of the laws under the Fourteenth Amendment to the United States Constitution by sexually harassing her. The second is a claim under 42 U.S.C. (section) 1985(3) in which plaintiff alleges that Governor Clinton and Ferguson conspired to deprive her of her rights to equal protection of the laws and of equal privileges and immunities under the laws. The third is a state law claim in which plaintiff asserts a claim of intentional infliction of emotional distress or outrage against Governor Clinton, based primarily on the alleged incident at the hotel but also encompassing subsequent alleged acts.

CONTINUED -- see second section

This article was published on Thursday, April 2, 1998

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