March 28, 2017
MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS'
MOTIONS TO DISMISS
P. Leibensperger, Justice of the Superior Court.
Daralyn Heywood, files this action against defendants, Kevin
Buckley and the Massachusetts State Police (MSP), claiming
sexual harassment and retaliation in violation of G.L.c.
151B, § 4. Buckley and MSP separately move to dismiss
Heywood's Complaint in its entirety pursuant to
Mass.R.Civ.P. 12(b)(6). For the reasons stated below,
defendants' motions to dismiss are denied.
facts as alleged in the Complaint are as follows.
is a female Sergeant with MSP. Heywood has worked for MSP for
twenty-three years. She received outstanding observation
reports and employment evaluations. Buckley is a male
Lieutenant with MSP, commander of the Yarmouth barracks
(beginning in September 2014), and Heywood's direct
worked closely with Buckley at MSP, handled the daily tasks
of administration within the barracks, and supervised the day
shift. In 2014, Buckley gave Heywood an outstanding
after arriving at the Yarmouth barracks, Buckley began to
initiate personal and highly inappropriate conversations with
Heywood during work hours. Buckley told Heywood that he was
having an extramarital affair with another female MSP
Sergeant. On several occasions, Buckley discussed explicit
details of his sexual encounters with his mistress. He also
told Heywood about the intimate sexual deficiencies in his
marriage. These conversations made Heywood extremely
experienced Buckley's continuous attempts to talk about
his sexual endeavors as a sexual advance towards her. Heywood
initially attempted to end the sexual conversations by simply
telling Buckley that the subject matter was inappropriate.
The offensive conversations continued.
in May 2015, Buckley told Heywood that he planned to end his
affair with the other female MSP Sergeant. Buckley also told
Heywood that his mistress was jealous of Heywood and she
threatened to disclose the details of his affair to his wife.
At this point, Heywood informed Buckley that she did not want
to get involved with his personal problems and she would no
longer tolerate discussions concerning his sex life or his
thereafter, Heywood began to suffer adverse employment
actions in retaliation for rejecting Buckley's sexual
conduct. Buckley began to unfairly and openly criticize
Heywood's work and to overturn her supervisory decisions,
which caused tension within the barracks. Buckley's
conduct created an intimidating and hostile work environment
for Heywood and interfered with her ability to do her job.
August 2015, as an alleged act of retaliation, Buckley
transferred Heywood from the day shift, where she worked for
approximately one year, to the midnight shift. Thereafter,
Buckley began to openly criticize the midnight shift via
e-mail. The open criticism of the shift, which Heywood
supervised, caused junior officers under her supervision to
question Buckley's motivations and to undermine her
authority as a supervisor. Buckley cancelled days off for
officers under Heywood's supervision that she previously
approved, undermining Heywood's authority. In addition,
Buckley denied Heywood opportunities to attend training.
December 16, 2015, Buckley and Heywood met with a MSP
Captain, where to Heywood's surprise, Buckley
aggressively criticized her work. Heywood did not have prior
notice of the meeting and thus, did not have a union
representative present. At the meeting, Heywood requested an
immediate transfer out of the Yarmouth barracks to remove
herself from Buckley's supervision. Heywood's request
was denied. She was told that she would have to remain at the
Yarmouth barracks for an additional sixty days. In fact,
however, Heywood was never transferred from the Yarmouth
December 28, 2015, Heywood filed a formal internal complaint
alleging sexual harassment and retaliation even though she