by Douglas Ankney

For subjecting him to sexual harassment, the state of Missouri paid a jury award of more than $1.2 million in damages, plus legal fees and costs to former Kansas City Reentry Center Deputy Warden Bryant Holmes, after a state appellate court upheld the verdict on August 20, 2024.

Holmes filed his petition in January 2018 against the state Department of Corrections (DOC), alleging a hostile work environment based on sexual harassment in violation of the Missouri Human Rights Act (MHRA), M.R.S. § 213.010 et seq.

When the case went to trial, testimony revealed that after Holmes became deputy warden in 2015, the warden—identified in court as “L.A.” and by the St. Louis Post-Dispatch as Lily Angelo—required him to greet her with “good morning” every day, regardless of when he arrived or what he was doing. Angelo told Holmes, “I didn’t sleep with you last night, so I need a ‘good morning.’” If he failed to satisfy this demand, she treated other staff so miserably that they would plead with him to greet her.

Angelo further ordered that other female employees—including the administrative assistant and the chief of custody—cease reporting to Holmes. Whenever Holmes was in a meeting with either of those two, Angelo would burst in and interrupt. Holmes complained to Angelo’s supervisor, resulting in an investigation and mediation. After that, Angelo gave Holmes a negative job performance evaluation and recommended him for a “performance improvement plan.” Following that, he was transferred to another DOC lockup in St. Joseph. There he was demoted to assistant warden; his office was replaced with a cubicle; and he reported to a deputy warden—the same rank that Holmes held before making his complaint. Further, he was denied a state vehicle, and the DOC refused to pay him for his commute time to the new work site.

After trial, the jury returned a verdict in favor of Holmes, awarding him $600,000 in compensatory damages. The circuit court subsequently awarded Holmes an additional $601,785 in attorney’s fees and $29,632.85 in costs, bringing the total award to $1,231,417.85.

Defendant DOC officials moved for judgment notwithstanding the verdict, alleging that Holmes failed to show that he was subjected to unwelcome harassment based on his sex, or that the harassment was severe or pervasive, as required under MHRA. The circuit court denied the motion. Defendants appealed.

The state Court of Appeals observed that to prevail under the MHRA on a claim of a hostile work environment based on sexual harassment, Holmes had to demonstrate “(1) that [he] is a member of a protected group; (2) [he] was subjected to unwelcome sexual harassment; (3) [his] gender was a contributing factor in the harassment; and (4) a term, condition, or privilege of [his] employment was affected by the harassment,” as laid out in Darks v. Jackson Cnty., 601 S.W.3d 247 (Mo. App. 2020).

The Court began its analysis by noting that a “case may not be submitted [to a factfinder] unless each and every fact essential to liability is predicated upon legal and substantial evidence,” citing Moore v. Ford Motor Co., 332 S.W.3d 749 (Mo. 2011). However, “[t]he jury’s verdict will be reversed only if there is a complete absence of probative facts to support the jury’s conclusion,” as held in Keveney v. Mo. Military Acad., 304 S.W.3d 98 (Mo. 2010).

In Holmes’ case, the Court found that the evidence demonstrated he satisfied all four Darks factors and affirmed the judgment of the circuit court. It also remanded the case for the circuit court to determine whether and how much Holmes should be awarded for additional attorney’s fees and expenses incurred in prosecuting the appeal. Holmes was represented by attorneys Michael Williams of Williams Dirks Dameron in Kansas City and Eric Playter and Christopher Playter of Playter & Playter in Raytown. See: Holmes v. Mo. Dep’t of Corr., 697 S.W.3d 97 (Mo. Ct. App. 2024).

Holmes’ award comes on the heels of a nearly $600,000 2018 payout to settle another sexual harassment suit filed by guard Michelle Findley. She said that fellow guards used sexually derogatory terms toward her; showed her pictures of a penis; and referred to her as a lesbian because of her short hair. Disturbingly, after she filed her suit, someone wearing a mask accosted Findley with a knife in the parking lot of the unnamed Kansas City lockup where she worked and stabbed her in the back, legs, face, and forearms, as PLN reported. [See: PLN, Feb. 2018, p.1.] She reportedly accepted a settlement of $284,500, with another $291,443 paid to her attorneys.  

Additional source: St. Louis Post-Dispatch

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