Connect with us

Crime/Court

Former Council Clerk’s Discrimination lawsuit against Town of Front Royal continued on dueling motions filings

Published

on

The discrimination lawsuit against the Town of Front Royal filed by former council clerk Jennifer Berry Brown will not take place next month in the U.S. District Court for the Western District of Virginia in Harrisonburg, as scheduled. Slated for May 31-June 3, the civil jury trial initially was set to begin on February 22, 2022, before being continued to May 31.

U.S. Judge Thomas T. Cullen has opted to continue the trial after both parties filed motions on March 14 that must be heard before the case proceeds. The Town filed a motion for summary judgment and Berry Brown filed a motion for partial summary judgment; the court scheduled both motions for a hearing on April 25.

Ms. Berry Brown filed a civil complaint in federal court on Jan. 4, 2021, claiming sexual harassment by former Front Royal elected officials and wrongful termination from her job as clerk of council as retaliation.

Berry Brown is being represented by Harrisonburg attorneys Timothy E. Cupp and Tim Schulte. Fairfax attorneys Heather K. Bardot and Julia B. Judkins represent the Town of Front Royal; Andrew S. Willis and John B. Mumford Sr., of Glen Allen, represent the Virginia Risk Sharing Association (VRSA), named as a second respondent to the complaint.

Berry Brown’s attorneys filed a motion on March 14 for partial summary judgment against the Town, asking the court to rule in her favor “on the issue of liability on that portion of Count II of her Complaint arising from the Town’s failure to offer her the position of Public Information Officer (“PIO”) in retaliation for her having engaged in protected activity under Title VII.” (Title VII of the Civil Rights Act of 1964 protects against retaliation for lodging harassment claims.)

In support of the request, Berry Brown’s attorneys cite 33 evidence exhibits, including deposition testimony from town council members, former Mayor Hollis Tharpe, former councilman William Sealock, former Human Resources Director Julie Bush, and emails related to the VRSA opinion regarding Ms. Berry Brown’s harassment claim. The court has sealed some documents submitted as evidence exhibits, including email conversations amongst town officials and some depositions of potential witnesses.

Berry Brown also asks the court, should it grant the motion for partial summary judgment, that the balance of the issues in the case move to trial.

The Town of Front Royal filed a motion for summary judgment to dismiss the case against the Town of Front Royal on the grounds that “the Town lacks control over the elected officials about whom Berry complains or their decision to terminate her.”

The defense motion also states that Berry Brown’s evidence does not establish a claim of discrimination based on sex in violation of Title VII. The defense further states that the evidence does not establish claims of retaliation in violation of Title VII, retaliatory hostile work environment or a violation of the Family Medical Leave Act.

On March 28, Berry Brown filed a motion under the Federal Rule of Civil Procedure to defer ruling on the Town’s motion for summary judgment until the court resolved her motion to compel certain discovery materials.

On March 31 the presiding judge, Magistrate Judge Joel C. Hoppe, entered an order granting in part and denying in part Berry Brown’s motion to compel. Berry Brown filed the motion to compel on November 5, 2021, requesting that the court compel the Town to produce any files maintained by the outside counsel it retained during the investigation of Berry Brown’s harassment claims.

She also asked the court to compel certain deponents to “answer questions regarding the communications between them and outside counsel in connection with the investigation of Berry Brown’s complaints of harassment and retaliation; the involvement of outside counsel in the retaliatory adverse actions against Berry Brown; and the termination of her employment.”

Judge Hoppe’s Order concluded that the Town waived its attorney-client privilege regarding “the investigation of Berry Brown’s complaints of harassment, outside counsel’s conclusions from the investigation, and outside counsel’s advice about any remedial measure taken in response to the alleged harassment” and compelled the Town to produce discovery regarding the same.

However, the Order does not compel the Town to produce any discovery related to outside counsel’s advice regarding the decision to terminate Berry Brown, finding that the Town did not waive its attorney-client privilege regarding that issue.

The court on Wednesday held a status conference with both parties to determine the status of Berry Brown’s motion and how to proceed with the impending hearing on the motions for summary judgment. The Town indicated it would file objections to Judge Hoppe’s Order. Berry Brown represented that she has not yet decided whether she will file objections.

The court ordered that if the parties wanted to file objections, they must meet a 5 p.m. April 14, 2022, deadline. If the opposing party wishes to file a response, that must be done within seven days of the date objections are filed.

A date for the civil jury trial has not yet been determined, though based upon proceedings thus far, it is not likely to be resolved soon.

Front Royal, VA
61°
Fog
7:11 am6:51 pm EDT
Feels like: 61°F
Wind: 0mph N
Humidity: 96%
Pressure: 30.09"Hg
UV index: 0
MonTueWed
72°F / 43°F
66°F / 43°F
75°F / 52°F
Meet the Candidates8 hours ago

Mayor Lori Athey Cockrell Looks to Water, Economic Development and Rail Trail in Another Term

Livestream - WCHS15 hours ago

WCHS vs. Brentsville HS – Girls Volleyball – October 6, 2026

Health17 hours ago

BMI Is Only One Piece of the Health Picture

Interesting Things to Know1 day ago

The Eye Surgery Factory That Could Not Expand

Historically Speaking1 day ago

Ancient Ownership of Israel

Local News1 day ago

VDOT: Warren County Traffic Alert for October 5 – 9, 2026

Local News2 days ago

Reaching Out Now Expands Programs and Opportunities for Warren County Youth

Local News2 days ago

Dance and Arts VA Finds New Home, New Opportunities on Water Street

Obituaries2 days ago

Ann L. Shuman (1933 – 2026)

Obituaries2 days ago

Wendy Lee Whitacre-Stout (1966 – 2026)

State News2 days ago

Spanberger’s Energy Plan Keys in on Clean Energy to Meet Growing Demand and VCEA Goals

Obituaries2 days ago

Jean Elizabeth Grubbs Fogle (1939 – 2026)

National News2 days ago

Feds Provide Guidance on New Federal K-12 Scholarship Tax Credit Program

Local News2 days ago

Why Wait Till November? Mid-Term Election Early Voting  Processes in Place Now

National News3 days ago

US Senate Leaves Nation’s Capital in Advance of Midterms With Much Still Undone

Business Growth Series3 days ago

Business Growth Series: If You Don’t Control Your Day, It Controls Your Business

Business3 days ago

The End of a 20-Year Monopoly on the Credit Score

Historically Speaking3 days ago

Voltron and Immigration

State News3 days ago

States OK Solar Panels for Balconies. Safety Guidelines Haven’t Caught Up

National News3 days ago

Trump TV Ads Paid for with $20M in Homeland Security Funds, Dems Find

Local News3 days ago

Blue Ridge Wildlife Center Patient of the Week: Gray Treefrog

Interesting Things to Know3 days ago

Birthday Twins: See Which Famous Face Shares Your Big Day

Community Events3 days ago

Meet-and-Greet Set Sunday for Republican-Endorsed Front Royal Candidates

Obituaries4 days ago

Barbara Ann Mathews Smelser (1943 – 2026)

Obituaries4 days ago

Kathleen Frances Elar (1956 – 2026)