Published: August 09, 2008 07:14 pm         

Mayor’s suit dropped

Counts against Roger McMillian dismissed by federal judge

Stillwater Mayor Roger McMillian has been dismissed from a sexual harassment lawsuit.

The charges were dismissed with prejudice Wednesday in the U.S. District Court for the Western District of Oklahoma. “With prejudice” means the plaintiffs cannot re-file the claim against McMillian.

McMillian declined comment Friday night. He did issue a written statement earlier (see page A3). A message seeking comment from his lead attorney, Deanne Hay of Parker & Hay of Topeka, Kan., was not returned.

Plaintiffs Barbara Gose, Raeann Meyer and Lois Akers filed the lawsuit May 13 against McMillian and The Bank, N.A., accusing McMillian of creating a sexually-charged workplace and hostile work environment. The suit alleged that “it was necessary for women to grant sexual favors to McMillian for professional advancement.”

They filed the suit in Payne County District Court because the court was more convenient to witnesses and evidence, their attorney, Lori L. Young of Baumert, Cummings, Hiatt & Young of Ponca City, told the NewsPress in July, but the defendants filed a request to move the case to federal court. It could be moved to federal court because it involves a question of civil rights.

An attorney for the defendants, Matt Patterson of Parker & Hay, filed a motion to dismiss charges against McMillian on July 22.

According to the motion, McMillian could not be held liable for count 1, alleged employment discrimination, and count 2, alleged retaliation, under Title VII of the Civil Rights Act because he was only the plaintiffs’ supervisor, not their employer.

In counts 3 and 4, against McMillian individually for alleged violation of the 14th Amendment, the plaintiffs did not “state a claim upon which relief can be granted,” according to the motion. The fifth count was against only The Bank, N.A.

Hay filed a stipulation of dismissal with prejudice of charges against McMillian on Tuesday, and U.S. District Judge Timothy D. DeGuisti signed an order of dismissal Wednesday.

The plaintiffs filed a request Wednesday to amend their complaint.

Gose referred a call seeking comment to her lawyer, Lori Lee Young, who declined to comment.

A message left on an answering machine at the home listing for Meyer was not returned, and a number was not available for Akers.

Ken Skillman, market president for The Bank, N.A., is out of town. The local branch referred the request for comment to the corporate office in McAlester.

CEO Greg Brown is out of the country, but replied to an e-mail seeking comment with, “We have no comment.”

Matt McGowan, chairman of the board, was out of the office.

     

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