United States District Court, N.D. New York
DELORENZO LAW FIRM Attorneys for the Plaintiff
NAPIERSKI, VANDENBURGH LAW FIRM Attorney for the Defendant
E. DELORENZO, ESQ., SHAWN F. BROUSSEAU, ESQ., THOMAS J.
O'CONNOR, ESQ., DIANE LUFKIN SCHILLING, ESQ.
MEMORANDUM-DECISION AND ORDER 
J. STEWART U.S. MAGISTRATE JUDGE
Caitlin Dole brings this action against Defendant Town of
Bethlehem pursuant to Title VII of the Civil Rights Act of
1964, 42 U.S.C. § 2000e, et seq., and the New
York State Human Rights Law, N.Y. Exec. Law § 290,
et seq. Dkt. No. 1, Compl. Briefly stated, Plaintiff
alleges that she was hired as a police officer by the Town of
Bethlehem Police Department on January 12, 2014. Id.
at ¶ 10. Beginning in March 2015, Plaintiff claims that
she was subjected to sexual harassment and a hostile work
environment when Officer Craig Sleurs sent her numerous
harassing and threatening text messages and voice mails.
Id. at ¶¶ 13-14. Plaintiff claims that she
reported these incidents to her supervisor, but that nothing
was done to reprimand Officer Sleurs, and on May 14, 2015,
Plaintiff tendered her resignation to the Defendant Town of
Bethlehem. Id. at ¶¶ 15-16. Presently
before the Court is Defendant's Motion to Dismiss,
pursuant to Fed.R.Civ.P. 12(b)(6) or 12(c), or, in the
alternative, for Summary Judgment, pursuant to Fed.R.Civ.P.
56. Dkt. No. 26, Def.'s Mot. Plaintiff has filed a
Response and Defendant has filed a Reply. Dkt. Nos. 31,
Pl.'s Resp. & 35, Def.'s Reply. For the reasons
that follow, Defendant's Motion is granted and this
was hired by the Defendant as a patrol officer effective
January 12, 2014. Dkt. No. 26-30, Def.'s Rule 7.1
Statement of Material Facts (“Def.'s SMF”) at
¶ 1. In December 2014, Plaintiff began dating
Officer Craig Sleurs, who was also assigned to the Patrol
Division of the Department. Id. at ¶ 7; Dkt.
No. 26-3, Aff. of Thomas Heffernan, dated Nov. 30, 2016, at
¶ 6. During their relationship, and at all relevant
times to this action, Plaintiff was assigned to the 3:00pm to
11:00pm shift and Officer Sleurs was assigned to the 7:00am
to 3:00pm shift. Heffernan Aff. at ¶¶ 4 & 6.
Officer Sleurs had no supervisory authority or
responsibilities during his employment with the Department.
Id. at ¶ 8.
March 2015, Plaintiff ended the relationship with Officer
Sleurs. Dkt. No. 31-2, Aff. of Caitlin Dole, dated Feb. 10,
2017, at ¶ 5. On March 3, 2015, Officer Sleurs went on
out-of-work sick leave, which he remained on until June 13,
2015. Def.'s SMF at ¶ 13. On April 16, 2015,
Plaintiff also went on sick leave due to a foot injury she
sustained outside of work. Id. at ¶ 12.
Plaintiff remained on sick leave until her resignation from
the Department on May 14, 2015. Id.
April 2015, over one month after she ended their
relationship, and while they were each on sick leave, Officer
Sleurs began contacting Plaintiff by voicemail, text message,
and Facebook. Id. at ¶ 15; Dkt. No. 26-2, Aff.
of Thomas J. O'Connor, dated Dec. 13, 2016, Ex. A. The
records of these voicemails, text messages, and Facebook
posts were produced in Plaintiff's Rule 26 disclosures.
Def.'s SMF at ¶ 15. Officer Sleurs left Plaintiff
voicemails on April 22, April 27, and April 30, 2015.
O'Connor Aff., Ex. A at p. 1. The voicemails are as
• I hope you're fucking happy. I really do. I hope
you're happy. Because you have just ruined my life. You
have broken my heart, you have crushed my heart . . . and I
know you don't give a fuck. (April 22, 2015)
• Hey it's Craig. You've blocked me every other
way of trying to talk to you. I don't understand why . .
. well I understand why, you just don't want to talk to
me. I miss you. Hopefully you unblock me and talk to me
again. Miss you. Bye. (April 27, 2015)
• Hey, just me. Just calling to say hi. Hopefully
someday you'll talk to me again. Hope your foot is doing
better. Still miss you. Bye. (April 30, 2015)
• Hey, I just wanted you to know that after this phone
call, you'll never hear from me again. I see you on the
street, I'll turn my back. I see you at work, I'll
never talk to you. Um . . . you disgust me. You totally
disgust me. So . . . have a nice fucking life. Thanks for
fucking up mine. (April 30, 2015)
these messages were left from Officer Sleurs'
parents' phone, after Plaintiff blocked his phone number.
Dole Aff. at ¶ 7.
In a series of text messages sent on April 22, 2015, Officer
Sleurs told Plaintiff Have a nice fucking life. Thanks for
fucking with my heart and mind. Love this feeling. . . . Good
fucking bye. . . . Your [sic] still on FB. Just say you
don't want to talk to me anymore. Why don't you just
unfriend me on FB too.
O'Connor Aff., Ex. A at p. 3.
responded, “[p]lease stop or I'll just block on
everything.” Id. Officer Sleurs replied,
What's the difference. . . . Then you never have to here
[sic] from me again. Should make you even happier. . . . Here
I got a idea. I will fucking block you And than [sic] you
won't have to worry about me ever again. Ok. Id.
April 23, the following day, Officer Sleurs sent a series of
text messages apologizing and asking Plaintiff to forgive
him. Id. at pp. 4-6. Plaintiff forgave him, but said
she did not want to talk to him. Id. at pp. 6-7. On
April 24, 2015, Officer Sleurs texted Plaintiff from his
son's phone, Dole Aff. at ¶ 7, and stated that he