Date: 08-31-2023

Case Style:

Samantha Pike and Natasha Irving v. Charles F. Budd

Case Number: 1:22-CV-360

Judge: Lance E. Wallace

Court: United States District Court for the District of Maine (Penobscot County)

Plaintiff's Attorney: Danielle Quinlan, Ellen Noble, Laura White, Sean Ouellette, and Shelby Leighton

Defendant's Attorney: Melissa Hewey and Susan Weidner

Description: Bangor, Maine civil rights lawyers represented Plaintiffs who sued Defendant on hostile environment sexual harassment theories.

In this action, Plaintiffs Samantha Pike and Natasha Irving allege that Defendant, Charles F. Budd, Jr. violated their constitutional rights when he verbally sexually harassed them and that they are, therefore, entitled to damages under 42 U.S.C. § 1983.

Defendant has filed a Motion to Dismiss (ECF No. 6) Plaintiffs' First Amended Complaint (ECF No. 4) pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.

Outcome: "For reasons that follow, I conclude that Ms. Irving fails to state a claim upon which relief can be granted and that Mrs.[1] Pike's claim fails to overcome Mr. Budd's qualified immunity defense. As to the latter, I conclude, reluctantly, that the law is not clearly established that a state official who verbally pursues a sexual relationship with an employee of a private company violates the Fourteenth Amendment Equal Protection Clause, even if the verbal pursuit qualifies as workplace sexual harassment for purposes of a motion to dismiss. For those reasons, Defendant's Motion to Dismiss will be granted."

Plaintiff's Experts:

Defendant's Experts:

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