Bergen Judge's Hostile Work Environment Lawsuit Gets Dismissed
A federal judge found that Superior Court Judge Deborah Gross-Quatrone's lawsuit is barred under the doctrine of collateral estoppel.
September 25, 2019 at 02:19 PM
3 minute read
A federal judge has dismissed a hostile work environment lawsuit filed by Superior Court Judge Deborah Gross-Quatrone.
Most of the points Gross-Quatrone raised in her lawsuit were already dealt with in a prior Advisory Committee on Judicial Conduct case stemming from the same events, U.S. District Judge Susan Wigenton ruled Tuesday. Therefore, Gross-Quatrone's constitutional claims related to her assertions of hostile work environment, her recording of meetings and the confiscation of her recording device are barred under the doctrine of collateral estoppel, Wigenton said.
And Gross-Quatrone's claim of civil conspiracy, which alleged that defendants acted in concert to fabricate and exaggerate allegations that she was abusive toward courthouse staff and violated a personnel policy, were not supported by any facts, Wigenton said.
Gross-Quatrone's lawyer, Ralph Ferrara of Ferrara Law Group in Trenton, said Wigenton's decision was "not well-grounded" and he plans to appeal to the U.S. Court of Appeals for the Third Circuit. Gross-Quatrone is also considering filing another lawsuit in state court based on recent events in the case, Ferrara added.
Gross-Quatrone, who became a Superior Court judge in 2015, claimed in her 2017 lawsuit that she was subject to abuse and hostility from Assignment Judge Bonnie Mizdol. The conflict culminated in a meeting in which Gross-Quatrone was confronted for making a secret audio recording of a meeting with Mizdol, and her recording device was confiscated. In January, Gross-Quatrone was suspended for two months for making secret recordings.
The suit also claimed that Mizdol told Gross-Quatrone that court staff had complained about her demeanor. When Gross-Quatrone asked for elaboration, Mizdol said, "You come here with your fancy clothes and bare legs," indicating that they were not suitable for a judge and could be the reason complaints were made about her, according to the suit.
Mizdol's actions were motivated by a belief "that plaintiff's dress, hairstyle, jewelry and other expressions of traditionally feminine gender traits were not appropriate for a judge of the Superior Court," the suit claims.
The decision came after a Sept. 17 ruling by U.S. Magistrate Judge Leda Wettre, denying Gross-Quatrone's request for a stay of her suit while she pursues an application for permanent disability.
Wettre cited the defendants' opposition to the request for a stay and also said the disability case is unrelated to the present suit.
Ferrara said Gross-Quatrone is currently on paid leave pending the outcome of her disability application, in which she claims the hostile work environment she faced took a toll on her physically and emotionally.
Gross-Quatrone was nominated to the bench by Gov. Chris Christie. She was admitted to the bar in 1990 and was a solo in Saddle Brook, where she was also a municipal court judge. In her private practice, Gross-Quatrone focused on family law and real estate matters. She is a former president of the Bergen County Bar Association. She is a graduate of Pace University School of Law and Montclair State.
A judiciary spokesman, Peter McAleer, declined to comment on the dismissal of the case.
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