Minner Loses Appeal in Sex Discrimination Case.

Filed in National by on October 19, 2011

This is interesting..

The 3rd Circuit Court of Appeals rejected former Gov. Ruth Ann Minner’s claim that she was entitled to immunity from the suit as an elected official. A federal judge had refused to dismiss a 2006 lawsuit filed against Minner by Trooper Timothy Shockley. Shockley claimed that he was improperly denied a promotion and barred from becoming head of Minner’s security unit in 2003 because of his gender. Shockley claims Minner refused to let him lead her executive protection unit because she wanted a less-qualified female trooper to lead the team.

Minner was trying to have the case tossed before going to trial on the grounds that she has sovereign immunity. She loses that argument. Now the case goes back down to the U.S. District Court in Wilmington for trial.

There are plenty of reasons to strongly dislike our former Governor, but I am finding myself taking her side on this one. Here is why: anyone remember back to late 1992 and early 1993? President-elect Bill Clinton had won the presidential election and during the transition process he declared that he was going to nominate the first female Attorney General. He went through three nominees, two of which had to withdraw because they didn’t pay taxes on their nannies, before we finally got Janet Reno. But at no point during the process did Clinton consider a man. Clinton was not sued for sexual discrimination, because it was the President’s prerogative to hire who he wanted. If the female Attorney General turned out to be less qualified or incompetent, it would be Clinton’s ass on the line.

So explain to me how it is not Minner’s prerogative to hire whom she wanted to head her executive protection unit?

About the Author ()

Comments (26)

Trackback URL | Comments RSS Feed

  1. Miscreant says:

    “So explain to me how it is not Minner’s prerogative to hire whom she wanted to head her executive protection unit?”

    Consider that there’s a difference between the political appointment of a cabinet secretary and selecting someone from the existing ranks of the DSP to head her security team. In fact, I don’t believe she’s even remotely qualified to make that decision. Did Clinton select his security detail? I rather doubt it.

  2. Geezer says:

    If I were governor, I wouldn’t want anyone from the DSP providing my security. It’s like having a spy in your room.

  3. anon says:

    Miscreant hits it on the head. DSP is a merit agency, and all promotions and assignments should be based on merit, not political connections.

    That said, there can also be a case made that governors shold be able to have someone they’re comfortable with by their side day in, day out.

    Didn’t Carper set the precedent for having the head of his protection detail move on & up? Didn’t his head join his staff as senator? I can’t remember the guy’s name now.

    And if I’ve got my memory straight in other areas, Minner’s pick for security chief was Sibohan Sullivan, who later became head of the Division of Alcohol and Tobacco Enforcement … and was arrested in 2010 for DUI, after which she quit.

  4. Delaware Dem says:

    Actually, no he doesn’t. You are right, DSP is a merit agency, and if Minner sought the promotion of a female officer who was less qualified than a male officer in the normal ranks of the DSP, than he and you would be right.

    The problem is we are talking about a separate division of the DSP, the Executive Protection Service. I do believe the Governor is given latitude to choose officers he or she is comfortable with.

    If I am right on that, than the male officer really has no case, and Minner was within her rights.

  5. anon says:

    I do believe …

    That’s good. Beliefs are nice. But do you have an actual source?

    I couldn’t find anything in state law exempting the EPU from the merit rules.

  6. Miscreant says:

    The pecking order is important within the DSP. I can see Trooper Shockley’s beef if someone less qualified was arbitrarily selected, based on gender, to head the detail. Especially if he were to remain on the detail, working under her.

    In my limited interactions with Minner and her security, I don’t know why anyone would even want to be assigned to her detail. She was one cranky, arrogant bitch who often treated them as chauffeurs and butlers, and had a constant look on her face like she was smelling a fart. Other than that, I’m sure she was loved by all.

    On the other hand, Carper seemed better to work for. Mostly a plain clothed detail, driving the entourage around in the mini-van. They appeared more relaxed and sociable. I actually vote for him.

  7. Carper relaxed? Really? He was known as a guy who appeared either off his meds, or inordinately dependent on them. You never knew when the next unhinged outburst might occur.

    Or, perhaps more accurately, as a robot in constant danger of overload, to the point where sprockets, springs, gadgets, gimcracks and gewgaws would pop out of his head. *Sproing*.

    As to Minner, now that we know that this sovereign immunity thing may not apply, someone should have the guts to prosecute her for taking state property and donating it to Chris Tigani. The laws apply to Governors as well, you know.

  8. Geezer says:

    “had a constant look on her face like she was smelling a fart.”

    Best description ever of her face in repose.

  9. AQC says:

    I just can’t deal with Minner and sex in the same sentence…ugh!

  10. puck says:

    I’d like to believe in your description of Carper as med-addled; it would explain a lot. But in his committee work, Carper certainly seems alert and focused when it comes to sniffing out portions of legislation that aren’t aligned with the 1%.

  11. MJ says:

    “It’s like having a spy in your room.”

    Geezer, are you suggesting that the head of the Governor’s security detail turn a blind eye to the governor breaking the law? That’s what the DC Police did for Marion Barry before he got caught on tape hitting the crack pipe.

  12. phoeniks26 says:

    Aside from the legal implications, I never want to see the words ‘Minner,’ ‘sex,’ and ‘appeal’ appear in the same sentence again.

  13. Geezer says:

    I’m speaking of a political spy. But now that you bring up criminality, I think a governor is entitled to the same amount of privacy as any other citizen.

  14. Miscreant says:

    “Carper relaxed? Really?”

    No, the security detail. Carper was like a squirrel on speed. I liked him, though. He was very helpful to my agency and programs. My daughter won an award for volunteerism, an Carper presented it. Afterward, he took some time to talk with her about her work. She was totally smitten. (She was 12 years old.)

  15. To me, he was more like a robot on speed.

    As to his dazzling your daughter (congratulations on her award, BTW), it’s best encapsulated thusly:

    “Sincerity is the most important trait for a politician. Learn how to fake that, and you can get away with anything.”

    Tom Carper long ago learned how to fake sincerity. And he’s gotten away with just about everything since.

  16. puck says:

    The sincerity factor is an in-person illusion. It melts away when you try to read a Carper response to a constituent letter.

  17. anonone says:

    It is really hard to read “Minner” and “sex” in the same sentence.

  18. Socialistic ben says:

    I was wondering who would be the first one to try and reduce this to a discussion about a woman’s appearance.

    thought the same thing, but has decided to refrain from such base talk due to recent discussions with the ladies of DL,
    ~ your friendly neighborhood brat!

  19. Auntie Dem says:

    wise S.B., very wise

  20. Republican David says:

    I agree with DD. When it comes to travel, security, and late nights, the Governor has a right to to someone she feels comfortable with. He had an entire agency to get promoted in. He was not entitled to being head of her security like he thinks.

  21. Delaware Dem says:

    Sigh. Now I have to rethink my position. 🙂

  22. Miscreant says:

    “Tom Carper long ago learned how to fake sincerity.”

    I understand that very well. But on that day, in an auditorium full of over 400 people, where most politicians would be slapping skin and working the room (like Carper usually did), he spent about 10-15 minutes with my daughter. That made a big impression on her, and possibly sparked her interest in politics and, most definitely, kept her interested in volunteering. The downside is that she’s a world class bullshitter. She just moved to New Jersey, so now she has a use for that skill.

    “I was wondering who would be the first one to try and reduce this to a discussion about a woman’s appearance.”

    My comments were more intended to convey about attitude than physical appearance. That kind of ugly is deep, and transcends gender. Kiss my ass if you don’t like it.

    How’s that high road?

  23. Geezer says:

    Looking like she smelled a fart is not a gender-specific description. There are men who look like that, too.

  24. kavips says:

    Back to Deldem’s original question. I’ll stab.

    When Clinton ran, part of his platform was that he was going to put a bitch, instead of a bastard into the Attorney General position. Voters who followed the debates; knew that. It was published in all papers, and carried on all air waves. Men’s magazines were opining that you’d better not vote for Clinton, or a female attorney general, would soon have you in court.”

    So one could argue that had Clinton NOT put a female in as Attorney General of the United States of America, he could have faced a “breach of contract” lawsuit….

    Minner is different, and I support that judges decision.. As a lawyer, we sometimes get involved in minutae and forget our number one, law-school admonition: the courts must be seen to be fair and impart equal judgment.. to everyone.

    In this local case, by honoring her sovereignty plea (what kingdom does she rule these days), a strong signal would resonate throughout Dover to one should forget contesting wrongful behavior by elected officials; they are deemed to be above the law.

    For that reason I honor this decision. Yes, it if frivolous. Yes, it will be a joke when it goes to court. Yes, Charlie Copeland will use it to bash Democrats stating that even after being out of office 3 years, they still can’t stay out of court… and yes, he will again look as foolish as he did when the fought Bluewater Wind, and stood on the boardwalk and said Delaware should drill for oil off of Rehoboth…

    All she has to do, is say: “I thought the guy was a fuckin’ asshole. Look at him.”… and the case will be over.

    But, it is important that it play itself out, so no one can say, “See, I told you in Delaware that elected officals were above the law. “

  25. anon says:

    So one could argue that had Clinton NOT put a female in as Attorney General of the United States of America, he could have faced a “breach of contract” lawsuit….

    Only if one is a complete moron with a total lack of understanding of the legal system.

  26. kavips says:

    Anon is way too serious this early in the morning.