United States District Court, W.D. Pennsylvania
STEPHEN W. NORFOLK and BRANDY M. NORFOLK, Plaintiffs,
THE GEO GROUP, INC., d/b/a MOSHANNON VALLEY CORRECTIONAL CENTER, Defendant.
R.GIBSON UNITED STATES DISTRICT JUDGE
before the Court is Plaintiffs Stephen W. Norfolk and Brandy
M. Norfolk's (collectively, "Plaintiffs")
Motion for Leave to File a Third Amended Complaint (ECF No.
35). Defendant the Geo Group, Inc., d/b/a Moshannon Valley
Correctional Center ("Defendant"), opposes the
Motion. The Motion has been fully briefed (see ECF
Nos. 35, 39-40) and is ripe for disposition.
reasons that follow, the Court will DENY
operates a private prison in Clearfield County, Pennsylvania.
(ECF No. 18 ¶ 5.) Plaintiffs are both former employees
of Defendant. (Id. ¶ 6.)
Stephen W. Norfolk
Norfolk was employed by Defendant as a Corrections Officer
beginning in February 2006. (Id. ¶ 8.)
2014, Defendant hired Robert Parrish, a black man, to be Mr.
Norfolk's supervisor. (Id. ¶¶ 9-10.)
Mr. Norfolk, who is white, alleges that he endured
"harassing and racially discriminatory comments"
from Mr. Parrish beginning shortly after Mr. Parrish was
hired. (Id. ¶ 11.) Plaintiffs allege that Mr.
Parrish subjected Mr. Norfolk to "open, verbal racial
slurs" on a regular basis (id. ¶ 56), and
they describe several occasions between December 2014 and Mr.
Norfolk's termination in February 2016 when Mr. Parrish
made "racially charged discriminatory comments" to
him. (Id. ¶¶ 12-21.)
believe that Mr. Parrish gave preferential treatment to black
employees, in part by reprimanding white employees while
black employees were not reprimanded in the same or similar
manner. (Id. ¶¶ 22, 55.) Plaintiffs note
several times between Mr. Parrish's hiring and Mr.
Norfolk's termination where black employees were
allegedly given preferential treatment compared to white
employees. (Id. ¶¶ 22-23.)
claim that Mr. Norfolk reported Mr. Parrish's behavior to
Donald Emerson, the Associate Warden, and to a human
resources employee. (Id. ¶¶ 13, 17.)
Plaintiffs allege that neither employee took any action to
stop the harassment. (Id. ¶¶ 14, 20.)
Further, Plaintiffs assert that Mr. Parrish retaliated
against Mr. Norfolk after he reported Mr. Parrish's
behavior. (Id. ¶¶ 14, 21, 63.)
Norfolk was placed on administrative leave without pay on
February 5, 2016, after Mr. Parrish formally disciplined him
for not attending a security meeting and not receiving
certain required training. (Id. ¶¶ 26-27.)
Mr. Norfolk filed a complaint with the Equal Employment
Opportunity Commission ("EEOC") on February 10,
2016. (Id. ¶ 28.) Mr. Norfolk was then
terminated on April 25, 2016, for "failure to follow
policy." (Id. ¶ 33.) Mr. Norfolk alleges
that he was terminated on the basis of his race, "as a
result of his multiple reports to Human Resources about [Mr.]
Parrish's racially charged and harassing comments,"
and as a result of his EEOC complaint. (Id.
¶¶ 31, 32, 57.)