Ezell et al v. Darr et al

Filing 122

JUDGMENT. (tls)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
TERRI EZELL, DONNA TOMPKINS and *
JOAN B. WYNN,
*
Plaintiffs,
*
vs.
*
JOHN DARR, Individually and in
his Official Capacity as
*
Sheriff of Muscogee County, and
COLUMBUS CONSOLIDATED
*
GOVERNMENT,
*
Defendants.
*

CASE NO. 4:11-CV-93 (CDL)

JUDGMENT
Pursuant to the jury verdict dated September 18, 2013 (ECF
No. 103) and the Court’s Orders dated June 12, 2013 (ECF No. 72)
and November 27, 2013 (ECF No. 121), judgment is entered as
follows:
I.

CLAIMS OF DONNA TOMPKINS
A.

In favor of Donna Tompkins on her gender discrimination
failure to promote claim as follows:
(1)

Lt. Tompkins shall be promoted to the rank of captain in
the Muscogee County Sheriff’s Office by July 1, 2016 or
within thirty days of the next captain vacancy, whichever
occurs first, and she shall receive going forward from the
date of her promotion the same level of compensation and
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benefits that she would have received had she been promoted
to the captain position that is the subject of the present
action.
(2)

Lt. Tompkins shall receive front pay and benefits from July
1, 2014 until the date she is promoted to captain at the
same level of compensation and benefits that she would have
received had she been promoted to the captain position that
is the subject of the present action.

(3)

Lt. Tompkins, as a prevailing party in this action, shall
recover her attorneys’ fees and expenses in the amount of
$271,974.87 from the Columbus Consolidated Government.

(4)

The

Court

retains

jurisdiction

over

this

matter

for

purposes of enforcing the injunctive and equitable relief
granted today.
B.
In

favor

of

Defendants

as

to

Donna

Tompkins’s

Amendment and gender-based demotion/transfer claims.
Plaintiff

Tompkins

was

otherwise

a

prevailing

First

Given that

party

in

this

litigation, the Court finds that the parties shall bear their
own costs as to these other unsuccessful claims asserted by her.
II.
In

favor

of

CLAIM OF JOAN B. WYNN

Defendants

as

to

Joan

B.

Wynn’s

claim.

Plaintiff Wynn shall recover nothing from Defendants.

Given

that Wynn did partially prevail on her claim by convincing the
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jury that she had been subjected to unlawful discrimination, the
Court finds that the parties shall bear their own costs as to
this claim.
III.

CLAIMS OF TERRI EZELL

In favor of Defendants as to Terri Ezell’s First Amendment
and

gender-based

demotion/transfer

claims.

shall recover nothing from Defendants.

Plaintiff

Ezell

Defendants are entitled

to recover their costs as to these claims pursuant to Federal
Rule of Civil Procedure 54.
This 27th day of November, 2013.

s/Clay D. Land
CLAY D. LAND
UNITED STATES DISTRICT JUDGE

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