A police officer accused his former supervisor of having an extramarital affair with the police officer’s then-wife, when the officer and his wife were both employed by the same police department. The officer also alleged that he was passed over for a promotion because of sexual favoritism to female employees. Rumors circulated about the affair and the officer took a leave of absence. When the officer returned to work, he was transferred to a different division, away from his wife, and was not allowed to carry his off-duty weapon. Ultimately, the officer retired due to stress and anxiety and what he perceived to be a hostile work environment. The officer then sued the department.
The Superior Court gave the officer three attempts to state his case, but Jacob and Cohen proved that the officer could not plead facts sufficient to support either: that the alleged harassment was severe or pervasive; or his sexual favoritism theory of workplace harassment. They also convinced the Court that the officer could not show any protected activity to support his retaliation claim. They also won the dismissal of the officer’s claims for failure to prevent harassment, and intentional infliction of emotional distress. The court dismissed the action against the city with prejudice.