Don Gordon; Terrell Jones v. Sergeant William C. Heath

Summary

The Fourth Circuit affirmed the denial of qualified immunity to a Maryland State Police sergeant in an interlocutory appeal arising from Black officers’ claims of a racially hostile work environment. The court held that the amended complaint plausibly alleged the sergeant’s personal participation in, or tacit authorization of, the hostile environment and that the asserted right was clearly established.

Holdings

1. The court had jurisdiction under 28 U.S.C. § 1291 and the collateral-order doctrine to review the denial of qualified immunity insofar as Heath raised legal questions concerning the sufficiency of the alleged conduct and whether the right was clearly established.
2. The amended complaint plausibly alleged a racially hostile work environment under § 1981, enforced through § 1983, by alleging unwelcome conduct based on race that was sufficiently severe or pervasive to alter the conditions of employment and create an abusive atmosphere.
3. The amended complaint plausibly alleged Heath's personal involvement in and causal contribution to the hostile work environment through his participation in exclusionary practices and his purposeful nonresponse or tacit authorization of Oros's racial harassment.
4. The right to be free from the alleged racially hostile work environment was clearly established when the conduct occurred, so qualified immunity was unavailable at the pleading stage.

Questions Presented

1. Whether the Fourth Circuit had jurisdiction to review the denial of qualified immunity on an interlocutory appeal.
2. Whether the amended complaint plausibly alleged that Sergeant Heath personally participated in or tacitly authorized a racially hostile work environment in violation of § 1981, enforced through § 1983.
3. Whether the right allegedly violated was clearly established when the challenged conduct occurred.
4. Whether qualified immunity therefore barred the individual-capacity hostile-work-environment claim at the pleading stage.

Disposition

affirmed