Sexual harassment suit against Grafton fire chief remanded

CLARKSBURG - A sexual harassment suit against the city of Grafton, its fire department and fire chief is heading back to Taylor County.

U.S. District Judge Irene M. Keeley on May 3 granted a motion filed by LaVerne Sweeney, attorney for Lynsey Mumaw, to remand Mumaw’s suit back to Taylor Circuit Court.

In her motion filed April 13, Sweeney argued that Boyd L. Warner, David Lee Tenney Butler and Kristina Cecil, attorneys for the city and GFD, and Keith C. Gamble and Kenneth Hopper, attorneys for GFD Chief John Casey Jones, failed to prove that any of claims Mumaw made in the suit violated federal law.

In her suit filed Feb. 20, Mumaw, 35, alleges she was the target of unwelcome comments and actions by Jones soon after he became fire chief in May 2010. Also, she says her daughters - Samantha West, 18, and an eight-year-old identified by her initials N.G.M. - who are named as co-plaintiffs in the suit either witnessed Jones’ actions or were affected by them.

According to the suit, Mumaw in October 2010 was hospitalized at Ruby Memorial Hospital in Morgantown for unspecified reasons. While in the hospital, Mumaw says Jones visited her on at least one occasion, and gave her a hug.

Upon her return home, Jones helped to install drywall at her home, she says. The acts of kindness, she says, gave her the impression Jones “was sincere and cared about their lives in a wholesome way.”

During this time, Mumaw was a member of the Grafton Volunteer Fire Department. When she was able to answer calls following her discharge from the hospital, Mumaw says Jones insisted he ride with her.

According to the suit, during the 2010 Christmas parade, Jones requested a hug from Mumaw. Sometime thereafter, she says he confessed that he liked to feel her breasts against him.

After that, Mumaw says she did her best to avoid being around Jones.

Three months later, Jones allegedly said to Mumaw’s husband, Shane, a GFD firefighter, in her presence, “If your wife would just give it up to me, you may be lieutenant a little quicker.” Though Jones later apologized to both of them, the suit says it came only after Kevin Stead, the city manager, heard about the comment.

The following January, the suit says Mumaw decided she wanted to get baptized. She picked Feb. 9, 2012, since that was the three-year anniversary of when she became a paraplegic following emergency back surgery, the suit says.

However, when Jones heard about it, Mumaw said he attempted to discourage her saying, “girls like you don’t deserve to be baptized because then people like me can’t get in their pants.” According to the suit, Mumaw replied, “This is exactly one of the reasons why I’m doing it so you will leave me alone.”

Two months later, Mumaw alleges while planning Memorial Day activities with Jones, he exclaimed, “Always remember who signs your husband’s paycheck.” When she replied, “It was [city clerk] Larry Richman,” Jones countered, “Don’t be so sure, I’m the (expletive deleted) boss,” the suit says.

According to the suit, on April 26, 2012, Mumaw alleges Jones grabbed her by her hair and “started bobbing her head up and down towards his genitals, as in a simulated act of fellatio.” The incident, Mumaw says, occurred in front of other people including, Samantha and N.G.M.

Despite Jones dismissing her from GVFD, Mumaw alleges he continued his attempts to humiliate her. When he encountered her in GFD’s day room on Nov. 27, Mumaw alleges he instructed a firefighter to “go start them trucks because I’d rather smell the diesel fuel, than the (feces) smell in this room.”

Along with ones against Jones for battery, sexual and religious harassment, and intentional infliction of emotional distress, she and her daughters make claims against the city and GFD for negligent failure to investigate. In addition to unspecified damages, interest, court costs and attorneys fees, Mumaw seeks a court order compelling GFD to improve its sexual harassment policy.

The case now goes before Judge Alan D. Moats, the only judge in the 19th Circuit, which includes Taylor and Barbour counties.

U.S. District Court for the Northern District of West Virginia, case number 13-cv-109

Taylor Circuit Court, case number 13-C-11