Opinion

Baker

Court
District Court, M.D. Florida
Filed
Mar 27, 2026
Cited by
0 cases
Authority
More cited than 41.3%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

SCOTT BAKER,

Plaintiff,

v. Case No. 8:25-cv-128-VMC-SPF

KURT A. HOFFMAN as

SHERIFF OF SARASOTA COUNTY,

FLORIDA,

Defendant.

______________________________/

ORDER

This matter comes before the Court pursuant to Defendant

Kurt A. Hoffman’s Motion for Summary Judgment (Doc. # 34),

filed on December 19, 2025, seeking summary judgment on all

claims in this Florida Civil Rights Act (“FCRA”) and Title

VII of the Civil Rights Act of 1964 case. Plaintiff Scott

Baker responded on January 26, 2026. (Doc. # 39). Sheriff

Hoffman replied on February 5, 2026. (Doc. # 40). For the

reasons that follow, the Motion is granted.

I. Background

A. Mr. Baker’s Employment with SCSO

Kurt A. Hoffman, as Sheriff of the Sarasota County

Sheriff’s Office (“SCSO”), operates the chief law enforcement

agency within Sarasota County, Florida. (Doc. # 1 at 2). SCSO

employed Mr. Baker as a deputy from 2002 until February 2018,

when he was promoted to sergeant. (Doc. # 34-2, Pl. Depo. at

18:1-17).

As a sergeant, Mr. Baker supervised deputies assigned to

his squad, including Deputy Stacy Brown. (Id. at 68:12-18;

110:18-111:3). His responsibilities included monitoring

dispatch calls, ensuring proper prioritization, and

coordinating backup for deputies. (Id. at 80:14–81:2,85:10-

87:5, 90:24–93:18). Mr. Baker had a duty to report concerns

of discrimination or retaliation to SCSO’s Human Resources

Director, Staci Pickavance. (Id. at 96:23–101:10).

B. SCSO’s Lieutenant Promotional Process

SCSO promotes sergeants to lieutenant through an annual

promotional process consisting of four components: a written

examination, an oral board interview, a practical

examination, and an interview with the Sheriff. (Id. at 172:5–

173:8, 176:4–178:18, 186:4–189:4, 195:2–12, 202:15–203:20,

Ex. 12, Ex. 15).

The written examination is administered by a third-

party. (Doc. # 34-18, Pickavance Decl. at ¶ 4). The oral board

interview and practical examination are scored by a

promotional board consisting of five evaluators designated by

the Sheriff, to include a member from an outside law

enforcement agency and at least one female member. (Pl. Depo.

at Ex. 15; Pickavance Decl. at ¶ 6). As part of the regular

scoring process for the practical examination and the oral

board interview, both the highest and lowest evaluator scores

are dropped before calculating the final scores for those

portions of the exam. (Pl. Depo. at Ex. 15; Pickavance Decl.

at ¶ 6). Once a final score is made, candidates are ranked

accordingly and vacant positions are filled in rank order

over the following year. (Pl. Depo. at 173:9-21, Ex. 15).

C. Mr. Baker Sought Promotion in 2021 and 2022

On multiple occasions, Mr. Baker has sought a promotion

from sergeant to lieutenant. He first became eligible for

promotion to lieutenant in 2021 after he obtained an

associate’s degree. (Id. at 26:1–12, 176:4–177:7, Ex. 1).

In May 2021, Mr. Baker ranked eighth overall in the

lieutenant promotional process, but was not promoted. (Id. at

176:4–181:14, 184:1–9, 198:25–10, 201:25–202:11, Ex. 9, Ex.

10, Ex. 11; Pickavance Decl. at ¶¶ 7–8, Ex. 1).

In May 2022, he ranked tenth overall in the lieutenant

promotional process, but again was not promoted. (Pl. Depo.

at 198:25–199:10, 201:25–202:11, Ex. 13, Ex. 14; Pickavance

Decl. at 10–11, Ex. 2).

D. Deputy Stacy Brown’s Complaints

Sometime in 2021 or 2022, Deputy Brown came to believe

that SCSO was subjecting her to unfair treatment and a hostile

work environment. (Doc. # 39-1, Brown Decl. at ¶ 5; Doc. #

34-19, Brown Depo. at 17:10-15, 20:5-9). Deputy Brown

eventually came to believe that certain SCSO employees,

including Lieutenant Jonathan Varley, “spread false rumors

and allegations, gossip and defamatory information” about

her, and that SCSO employees were intentionally not providing

her with backup support when she responded to calls for

service. (Brown Decl. at ¶¶ 4-5; Brown Depo. at Ex. 1).

On August 6, 2022, Deputy Brown first complained of

unfair treatment and a hostile work environment in a meeting

with Lieutenant Neil Wilson. (Pl. Depo. at 113:13–19, 115:19–

24, 145:13–147:13, Ex. 8; Brown Depo. at 17:10–15, 20:24–

21:11, 25:10–26:15; Doc. # 34 at 5, n.5). Although Mr. Baker

attended the meeting (Pl. Depo. at 146:7-11), Mr. Baker did

not report that Deputy Brown was subjected to a hostile work

environment or otherwise advocate on Deputy Brown’s behalf.

According to Mr. Baker, Deputy Brown only indicated there was

a general hostile work environment, not that she was

experiencing gender discrimination. (Pl. Depo. at 113:13–19,

115:19–24, 145:13–146:14, 147:15– 149:4, 151:22–152:24, Ex.

8 at 3; Brown Depo. at 25:10–26:15).

Instead, in the August 6, 2022 meeting, Mr. Baker’s only

concern was that Lt. Varley had requested him to put Deputy

Brown on a performance improvement plan (“PIP”) without going

through preliminary coaching steps. Lt. Varley had requested

the PIP when other deputies complained about Deputy Brown’s

communications with civilians. (Pl. Depo. at 141:19–144:24;

Doc. # 34-20, Varley Depo. at 22:2–27:23). During the meeting,

Mr. Baker accused Lt. Varley of tolerating blunt

communications by another female deputy, Deputy Emilius, but

not any discrimination towards females or favoring males

generally. (Pl. Depo. at 142:21–143:16). Ultimately, SCSO

never placed Deputy Brown on a PIP. (Doc. # 34-16, Leonard

Depo. at 17:2–19).

Deputy Brown subsequently told Mr. Baker that she felt

she was receiving inadequate backup during patrol calls. (Pl.

Depo. at 147:15–149:4). Deputy Brown and Mr. Baker never

expressed any concern to SCSO’s Human Resource Director or

others that Deputy Brown’s issues with inadequate backup were

related to gender discrimination. (Leonard Depo. at 12:1-

13:11; Pl. Depo. at 151:22–152:24).

On November 8, 2022, Deputy Brown’s attorney sent a

letter to SCSO asserting that her inadequate backup

constituted a hostile work environment and that she intended

to bring claims of gender discrimination against SCSO. (Brown

Depo. at Ex. 1). Upon receipt of the letter, Captain Bridgit

Leonard began investigating Deputy Brown’s claims. (Leonard

Depo. at 9:16-11:20). As part of that investigation, Capt.

Leonard met with Mr. Baker on November 11, 2022. (Pl. Depo.

at 159:20-25). During the meeting with Capt. Leonard, Mr.

Baker attributed any backup shortcomings solely to a

“personality” issue between Deputy Brown and her co-workers.

(Pl. Depo. at 113:13–19, 115:19–24, 162:17–24, Ex. 8 at 8).

Mr. Baker never communicated to Capt. Leonard that he believed

Deputy Brown received inadequate backup because of her

gender. (Leonard Depo. at 12:24–13:11). Capt. Leonard

instructed Mr. Baker to monitor Deputy Brown’s calls to ensure

she received appropriate backup and to provide documentation

regarding Deputy Brown’s calls for backup and what actions

were taken in response. (Id. at 162:10-16). In addition, while

the investigation was ongoing, Capt. Leonard moved Lt. Varley

to work a different rotation and, thereafter, Lt. Varley had

no interactions with either Deputy Brown or Mr. Baker. (Varley

Depo. at 11:15-14:20, 17:10-19:20).

Captain Leonard again spoke to Mr. Baker on December 20,

2022, to request documentation compiled from the past month

pertaining to Deputy Brown’s dispatch calls and backup

provided. Mr. Baker provided documentation on December 20,

2022, and December 29, 2022, which reflected there were no

backup issues. (Pl. Depo. at 113:13–19, 115:19–24, Ex. 8 at

8; Leonard Depo. at 13:12-17). Capt. Leonard’s final

conclusion from the investigation was that Deputy Brown

received adequate backup. (Leonard Depo. at 13:12-17).

SCSO’s Human Resources Director, Staci Pickavance, also

investigated Deputy Brown’s concerns. (Brown Depo. at 21:12–

24:23). On December 14, 2022, Ms. Pickavance concluded Deputy

Brown’s complaint, as set forth in her November 8, 2022 letter

and subsequent communications with SCSO, did not raise any

allegations of gender-based discrimination or hostile work

environment. (Brown Depo. at 21:12–24:23, 27:10–29:3, Ex. 2,

Ex. 3). Specifically, Ms. Pickavance concluded that Deputy

Brown provided no evidence that any SCSO members engaged in

discrimination because of her gender. (Id. at Ex. 3).

On January 5, 2023, Deputy Brown filed her charge of

discrimination with the Florida Commission on Human Relations

(“FCHR”) and the Equal Employment Opportunity Commission

(“EEOC”). (Brown Depo. at 29:12–30:2, 33:12, Ex. 4).

Subsequently, Deputy Brown retired from SCSO, effective

February 6, 2023. (Brown Depo. at 32:9–33:10). In December

2023, Deputy Brown initiated a discrimination lawsuit against

SCSO under the case name Brown v. Hoffman, No. 8:23-cv-2988-

WFJ-NHA. (Brown Depo. at Ex. 6). In February 2024, Deputy

Brown and SCSO reached a confidential settlement (Id. at Ex.

7), and Deputy Brown voluntarily dismissed her claims. (Id.

at Ex. 8).

E. Mr. Baker Sought Promotion in 2023

In 2023, Mr. Baker again participated in the lieutenant

promotional process and ranked tenth, with a composite score

of 82.26. (Pl. Depo. at 204:1–207:13, Ex. 18 at 1–2;

Pickavance Decl. ¶¶ 13–14, Ex. 3).

As a result of the 2023 promotional process, SCSO

promoted the highest ranked candidates to five lieutenant

vacancies. (Pl. Depo. at 206:14–208:16; Pickavance Decl. at

¶¶ 13, 17, Ex. 3). Because he was not one of the top five

ranked candidates, Mr. Baker was not promoted into a

lieutenant position. (Pl. Depo. at 206:14–208:16).

F. Mr. Baker’s Complaints and Retirement from SCSO

On August 18, 2023, Mr. Baker filed a charge of

discrimination with the FCHR and EEOC, alleging SCSO

retaliated against him based on his purported opposition to

alleged gender discrimination against Deputy Brown. (Pl.

Depo. at 221:14–222:5, Ex. 20). In relevant part, Mr. Baker’s

charge of discrimination describes SCSO’s conduct as follows:

Such retaliatory conduct has included but is not

limited to allowing me to be subjected to hostile

comments, gossip, and attitudes; scrutinizing my

job performance in an unwarranted and disparate

manner, including disciplining me and/or attempting

to discipline me in such a disparate manner when

compared to co-workers; and failing to provide me

with a fair and equitable promotion process as I

have tried to move forward in my career. I have

attempted to switch my work rotation to avoid such

retaliation, but such attempts have been denied. My

complaints about such retaliatory conduct have not

only been ignored, but have resulted in further

retaliation, including complaints to my Captain in

December of 2022. . . . My employer’s

discriminatory and retaliatory treatment is due to

my decision to oppose the discrimination I

witnessed and the retaliation I have experienced.

(Id. at Ex. 20). On September 27, 2023, Mr. Baker submitted

his notice of retirement, effective October 11, 2023.(Id. at

Ex. 19). He retired on October 11, 2023, the same week he

turned 55 years old and first became eligible for retirement

with full pension benefits. (Id. at 14:9–10, 102:24–103:7,

209:18–210:13, 220:15–221:11). In his employee exit

questionnaire, Mr. Baker stated he was forced to retire

because SCSO has shown that he was “not appreciated” and that

he has “no future” with SCSO. (Id. at Ex. 24 at 6).

G. Procedural History

On January 16, 2025, Mr. Baker initiated this action

against SCSO. (Doc. # 1). In his complaint, Mr. Baker asserts

claims of retaliation in violation of Title VII (Count 1) and

the FCRA (Count 2). (Id.). SCSO answered the complaint (Doc.

# 16), and the case proceeded through discovery.

SCSO now seeks summary judgment on all claims. (Doc. #

34). Mr. Baker has responded (Doc. # 39), and SCSO has

replied. (Doc. # 40). The Motion is ripe for review.

II. Legal Standard

Summary judgment is appropriate “if the movant shows

that there is no genuine dispute as to any material fact and

the movant is entitled to judgment as a matter of law.” Fed.

R. Civ. P. 56(a). A factual dispute alone is not enough to

defeat a properly pled motion for summary judgment; only the

existence of a genuine issue of material fact will preclude

a grant of summary judgment. Anderson v. Liberty Lobby, Inc.,

477 U.S. 242, 247-48 (1986).

An issue is genuine if the evidence is such that a

reasonable jury could return a verdict for the non-moving

party. Mize v. Jefferson City Bd. of Educ., 93 F.3d 739, 742

(11th Cir. 1996) (citing Hairston v. Gainesville Sun Publ’g

Co., 9 F.3d 913, 918 (11th Cir. 1993)). A fact is material if

it may affect the outcome of the suit under the governing

law. Allen v. Tyson Foods, Inc., 121 F.3d 642, 646 (11th Cir.

1997). The moving party bears the initial burden of showing

the Court, by reference to materials on file, that there are

no genuine issues of material fact that should be decided at

trial. Hickson Corp. v. N. Crossarm Co., 357 F.3d 1256, 1260

(11th Cir. 2004) (citing Celotex Corp. v. Catrett, 477 U.S.

317, 323 (1986)).

“When a moving party has discharged its burden, the non-

moving party must then ‘go beyond the pleadings,’ and by its

own affidavits, or by ‘depositions, answers to

interrogatories, and admissions on file,’ designate specific

facts showing that there is a genuine issue for trial.”

Jeffery v. Sarasota White Sox, Inc., 64 F.3d 590, 593-94 (11th

Cir. 1995) (quoting Celotex, 477 U.S. at 324).

If there is a conflict between the parties’ allegations

or evidence, the non-moving party’s evidence is presumed to

be true, and all reasonable inferences must be drawn in the

non-moving party’s favor. Shotz v. City of Plantation, 344

F.3d 1161, 1164 (11th Cir. 2003). If a reasonable fact finder

evaluating the evidence could draw more than one inference

from the facts, and if that inference introduces a genuine

issue of material fact, the Court should not grant summary

judgment. Samples ex rel. Samples v. City of Atlanta, 846

F.2d 1328, 1330 (11th Cir. 1988). But, if the non-movant’s

response consists of nothing “more than a repetition of his

conclusional allegations,” summary judgment is not only

proper, but required. Morris v. Ross, 663 F.2d 1032, 1034

(11th Cir. 1981).

III. Analysis

A. Failure to Dispute the SCSO’s Statement of Material

Facts

As an initial matter, Mr. Baker’s response violates the

Court’s requirements for summary judgment briefing, as laid

out in a March 18, 2025 order. (Doc. # 24). The Court requires

every response to a summary judgment motion to

include a section titled “Response to Statement of

Material Facts.” The opposing party’s response must

mirror the statement of material facts by admitting

and/or denying each of the moving party’s

assertions in matching numbered paragraphs. Each

denial must set forth a pinpoint citation to the

record where the fact is disputed. Although the

opposing party’s response must correspond with the

paragraph scheme used in the statement of material

facts, the response need not repeat the text of the

moving party’s paragraphs. In deciding a motion for

summary judgment, the Court will deem admitted any

fact in the statement of material facts that the

opposing party does not specifically controvert,

provided record evidence supports the moving

party’s statement.

(Id. at 2-3).

Mr. Baker’s response does not respond at all to SCSO’s

statement of material facts in its Motion. (Doc. ## 34, 39).

Thus, Mr. Baker has failed to dispute any of SCSO’s numerous

statements of material fact. Therefore, provided the record

evidence cited by the SCSO supports each statement, the Court

deems admitted all facts in the Motion’s statement of material

facts.

B. Exhaustion of Administrative Remedies

SCSO contends that Mr. Baker’s claims are procedurally

barred for two reasons. First, SCSO argues that any alleged

retaliatory conduct prior to August 18, 2022 is time-barred.

(Doc. # 34 at 13-14). Second, SCSO argues that Mr. Baker has

failed to exhaust his administrative remedies regarding his

resignation, because Mr. Baker’s administrative charge of

discrimination preceded his resignation and “raises no claim

that his forthcoming resignation was retaliatory or

constituted constructive discharge.” (Id.). In response, Mr.

Baker states:

Plaintiff herein alleges that the 2023 promotional

process was unfairly prejudiced against him in

retaliation for his involvement in opposing the

discriminatory and hostile work environment that

Deputy Brown experienced. While background evidence

of prior acts may be helpful in understanding the

context of Plaintiff’s retaliation claims, the

primary act focused upon by Plaintiff was the

promotional process in 2023, which occurred before

his discrimination [] charge was filed in August of

2023. Moreover, the failure to provide Baker with

a fair and untainted promotional process

opportunity is specifically addressed and

identified in said charge of discrimination.

(Doc. # 39 at 10). In addition, Mr. Baker contends “[t]hat

the retaliation resulted in the constructive termination of

Plaintiff is a natural and logical assertion that grew from

the underlying allegations in his discrimination charge. As

such, Plaintiff did not fail to properly exhaust his

administrative remedies.” (Id. at 11).

In essence, Mr. Baker states that his retaliation claim

in the instant case relates to two alleged retaliatory acts:

(1) the alleged failure to provide a fair promotional process

in 2023, and (2) his alleged constructive termination. He

argues that he has not failed to exhaust his administrative

remedies because his August 18, 2023 charge of discrimination

explicitly includes the allegation of an unfair promotional

process, and his alleged constructive termination grew from

the underlying allegations.

Upon review, the Court agrees with SCSO. Mr. Baker’s

retaliation claims are, in part, procedurally barred in two

ways: (1) any alleged retaliatory conduct prior to August 18,

2022 is time-barred, and (2) Mr. Baker has failed to exhaust

his administrative remedies as to his alleged constructive

termination.

“As a prerequisite to filing both a Title VII and a FCRA

action, a plaintiff must exhaust all administrative remedies

by filing a timely charge with the appropriate agency. The

scope of a plaintiff’s judicial complaint under Title VII and

the FCRA is limited by the scope of any administrative

investigation that may reasonably arise from the plaintiff’s

initial charge of discrimination.” Bridges v. Standard Pac.

of Tampa GP, Inc., No. 8:06-cv-1937-SDM-TGW, 2007 WL 177688,

at *1 (M.D. Fla. Jan. 19, 2007) (citing Gregory v. Georgia

Dept. Of Human Resources, 355 F.3d 1277, 1279-80 (11th

Cir.2004); and Harper v. Blockbuster Entertainment Corp., 139

F.3d 1385, 1387 (11th Cir.1998)). Florida courts generally

analyze FCRA claims in the same manner as claims brought under

Title VII. See Harper, 139 F.3d at 1387 (“The Florida courts

have held that decisions construing Title VII are applicable

when considering claims under the Florida Civil Rights Act,

because the Florida act was patterned after Title VII.”

(citations omitted)).

Specifically, “[t]o maintain a Title VII or FCRA action,

a plaintiff must have filed a charge with the EEOC [or

appropriate state agency] within 300 days of the last

discriminatory act (365 days in the case of the FCRA).”

Shedrick v. Dist. Bd. of Trustees of Miami-Dade Coll., 941 F.

Supp. 2d 1348, 1365 (S.D. Fla. 2013) (citing E.E.O.C. v. Joe’s

Stone Crabs, Inc., 296 F.3d 1265, 1271 (11th Cir. 2002); and

42 U.S.C. § 2000e–5(e)(1); and Fla. Stat. § 760.11(1). “Only

those claims arising within 300 [and/or 365] days prior to

the filing of the charge of discrimination are actionable.”

Short v. Immokalee Water & Sewer Dist., 165 F. Supp. 3d 1129,

1142 (M.D. Fla. 2016) (citation omitted). “Untimely claims

are barred.” Id.

“A distinction is made between Title VII claims

alleging discrete acts and those alleging continuing

violations. An EEOC Charge raising a claim based upon discrete

discriminatory or retaliatory acts must be filed within 300

days of the discrete act. If not filed within this time

period, the discrete discriminatory acts are not actionable,

even when they are related to acts alleged in timely filed

charges. Continuing violations, on the other hand, are

exceptions to this general rule regarding discrete

discriminatory acts. When the allegedly unlawful employment

practices amount to a continuing violation, the time period

for filing an EEOC charge does not begin until the last

occurrence of the discrimination.” Id. (citations and

quotation marks omitted).

Notably, the Supreme Court has held that a failure to

promote and a termination are both discrete acts. See Nat’l

R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 114 (2002)

(“Discrete acts such as termination, failure to promote,

denial of transfer, or refusal to hire are easy to identify.

Each incident of discrimination and each retaliatory adverse

employment decision constitutes a separate actionable

‘unlawful employment practice.’ Morgan can only file a charge

to cover discrete acts that ‘occurred’ within the appropriate

time period.”); see also Makere v. Allstate Ins. Co., No. 24-

11336, 2025 WL 3022497, at * 8 (11th Cir. Oct. 29, 2025)

(“When a plaintiff alleges that the defendant took ‘separate

and discrete acts that repeatedly violate[d] the law, the

continuing violation doctrine does not apply.’ Instead, each

discrete action ‘is a separate actionable unlawful employment

practice that starts a new clock for filing charges’ with the

EEOC. ‘Discrete discriminatory’ or retaliatory acts ‘are not

actionable if time barred, even when they are related to acts

alleged in timely filed charges.’” (citations omitted)); see

also Id. at *9 (“In this lawsuit, he brought Title VII

discrimination and retaliation claims challenging his

termination, but his termination qualifies as a separate and

discrete act, meaning he cannot rely on the continuing

violation doctrine.”).

Here, Mr. Baker filed his charge of discrimination on

August 18, 2023. (Pl. Depo. at Ex. 20). To the extent that

Mr. Baker seeks to challenge the 2022 or 2021 promotional

processes, such claims are time-barred because his August 18,

2023 charge of discrimination was filed more than 365 days

after those promotional processes concluded (in May of 2022

and 2021, respectively). Each alleged failure to promote

constitutes a separate and discrete act, Morgan, 536 U.S. at

114, and therefore, Mr. Baker’s August 18, 2023 charge of

discrimination only covers the 2023 promotional process.

Likewise, Mr. Baker has failed to exhaust his

administrative remedies as to his alleged constructive

termination. He submitted his retirement letter on September

27, 2023, and his retirement was effective as of October 11,

2023. (Pl. Depo. at 14:9–10, 102:24–103:7, 209:18–210:13,

220:15–221:11). However, the alleged constructive termination

is a discrete retaliatory act. Morgan, 536 U.S. at 114;

Makere, 2025 WL 3022497, at * 8-9. Therefore, Mr. Baker’s

August 18, 2023 charge of discrimination pertaining to the

promotional process cannot exhaust his administrative

remedies as to the constructive termination. See, e.g., Green

v. SVC Mfg., Inc., No. 1:16-cv-04156-TWT-RGV, 2017 WL

3382566, at *5 (N.D. Ga. July 14, 2017) (finding constructive

discharge to be a discrete act and not within the scope of

earlier EEOC charge), report and recommendation adopted, No.

1:16-cv-4156-TWT, 2017 WL 3335756 (N.D. Ga. Aug. 4, 2017);

see also Makere, 2025 WL 3022497, at * 9 (“[H]is termination

qualifies as a separate and discrete act, meaning he cannot

rely on the continuing violation doctrine.”).

Accordingly, Mr. Baker’s claims are limited to his

challenge to the 2023 promotional process.

C. The Merits

“Title VII and the FCRA prohibit an employer from

retaliating against an employee because the employee ‘opposed

any practice’ made unlawful by those statutes.” Weatherly v.

ABC Legal, Inc., No. 23-11143, 2024 WL 2698023, at *7 (11th

Cir. May 24, 2024) (citations omitted). In assessing a

retaliation claim, courts may apply the McDonnell Douglas

burden-shifting framework. Berry v. Crestwood Healthcare LP,

84 F.4th 1300, 1307 (11th Cir. 2023) (citing McDonnell Douglas

Corp. v. Green, 411 U.S. 792, 802, (1973)). “First, the

employee must establish a prima facie case of retaliation by

proving that she engaged in statutorily protected conduct;

she suffered an adverse employment action; and a causal

relation exists between the two events.” Id. (citing Tolar v.

Bradley Arant Boult Commings, LLP, 997 F.3d 1280, 1289 (11th

Cir. 2021)). “If an employee establishes a prima facie case,

the employer may proffer a ‘legitimate, nonretaliatory

reason’ for the adverse action. If the employer does so, the

employee must prove that the employer's proffered reason was

a pretext for retaliation.” Id. (citations omitted).

That said, “[t]he McDonnell Douglas framework is also

not the only way to prove retaliation; instead, it is one way

to prove retaliation with circumstantial evidence. Without

relying on the McDonnell Douglas framework, an employee may

prove retaliation with any circumstantial evidence that

creates a reasonable inference of retaliatory intent.” Id. at

1310. “Some of our precedents refer to this evidentiary

approach as the ‘convincing-mosaic framework.’ But a

‘convincing mosaic’ is a metaphor, not a legal test and not

a framework. The legal standard — and the question for the

court at summary judgment — is only whether the evidence

permits a reasonable factfinder to find that the employer

retaliated against the employee. That legal standard applies

no matter how an employee presents her circumstantial

evidence.” Id. at 1310-11 (citation omitted); see also Ismael

v. Roundtree, 161 F.4th 752, 760 (11th Cir. 2025) (“As in

other contexts, a plaintiff may avoid summary judgment by

presenting a wide range of circumstantial evidence. Such

evidence may include ‘(1) suspicious timing, ambiguous

statements . . . , and other bits and pieces from which an

inference of discriminatory intent might be drawn, (2)

systematically better treatment of similarly situated

employees, and (3) that the employer’s justification is

pretextual.’” (citation omitted)).

SCSO argues that Mr. Baker fails to establish a prima

facie case of retaliation. (Doc. # 34 at 14). In response,

Mr. Baker contends that there are genuine disputes of material

fact as to each element of his retaliation claim. (Doc. # 39

at 11). The Court addresses each element before turning to an

analysis under the convincing mosaic standard.

i. Statutorily Protected Conduct

“Under Title VII, an employee has engaged in protected

activity if she has: (1) opposed an unlawful employment

practice, or (2) ‘made a charge, testified, assisted, or

participated in any manner in an investigation, proceeding,

or hearing’ under Title VII’s retaliation provision.” Smith

v. City of Fort Pierce, Fla., 565 F. App’x 774, 776–77 (11th

Cir. 2014) (quoting EEOC v. Total Sys. Servs., Inc., 221 F.3d

1171, 1174 (11th Cir. 2000)). The Eleventh Circuit has

explained that to establish protected activity, “a plaintiff

must show that she had a good faith, reasonable belief that

the employer was engaged in unlawful employment practices”

and that the “belief was objectively reasonable in light of

the facts and record presented.” Weeks v. Harden Mfg. Corp.,

291 F.3d 1307, 1311–12 (11th Cir. 2002); see also Saffold v.

Special Counsel, Inc., 147 F. App’x 949, 951 (11th Cir. 2005).

In the context of a Title VII retaliation claim, “opposed”

means “to resist or antagonize; to contend against; to

confront; resist; withstand.” Patterson v. Georgia Pac., LLC,

38 F.4th 1336, 1347 (11th Cir. 2022)(quoting Crawford v.

Metro. Gov’t of Nashville & Davidson Cnty., 555 U.S. 271, 276

(2009)).

Here, Mr. Baker argues that he opposed SCSO’s alleged

discrimination against Deputy Brown because he “had made

complaints on Brown’s behalf and pushed back against or

opposed Varley’s harassment of Brown, including Varley’s

unwarranted attempt to place Brown on a PIP.” (Doc. # 39 at

12) (citing Pl. Depo. at 143:1-7, 21-25, 146:13-17, 158:18-

24, 168:8-21, 202:1-4, 242:10-245:14, 248:9-249:10).

First, the record is unclear as to exactly what

“complaints” Mr. Baker made on Deputy Brown’s behalf. Mr.

Baker generally cites to his deposition, in which he testified

about certain meetings he attended with SCSO personnel

regarding Deputy Brown. But Mr. Baker does not cite to record

evidence indicating that he made any complaints to SCSO that

Deputy Brown was being subjected to gender discrimination. On

the other hand, SCSO has supplied record evidence that

indicates: (1) at the August 6, 2022 meeting with Lt. Wilson,

neither Mr. Baker nor Deputy Brown complained of any gender

discrimination (Pl. Depo. at 113:13–19, 115:19–24, 145:13–

146:14, 147:15– 149:4, 151:22–152:24, Ex. 8 at 3; Brown Depo.

at 25:10–26:15); (2) at the November 11, 2022 meeting with

Capt. Leonard, Mr. Baker attributed the problems faced by

Deputy Brown to “personality” issues with co-workers rather

than gender discrimination (Pl. Depo. at 113:13–19, 115:19–

24, 162:17–24, Ex. 8 at 8); (3) Mr. Baker never communicated

to Capt. Leonard that he believed Deputy Brown received

inadequate backup due to her gender (Leonard Depo. at 12:24–

13:11); and (4) in December 2022, Mr. Baker provided Capt.

Leonard with documentation that reflected Deputy Brown was

not actually receiving inadequate backup. (Pl. Depo. at

113:13–19, 115:19–24, Ex. 8 at 8; Leonard Depo. at 13:12-17).

Accordingly, the record reflects there are no genuine

disputes of material fact as to whether Mr. Baker made

complaints on Deputy Brown’s behalf regarding alleged gender

discrimination.

Second, the record does not support Mr. Baker’s

contention that his opposition to Lt. Varley’s request to

place Deputy Brown on a PIP constituted opposition to gender

discrimination. True, Mr. Baker testified that he refused to

put Deputy Brown on a PIP when he was asked to by Lt. Varley.

(Pl. Depo. at 142:21-145:12). However, when explaining the

reasons why he refused the PIP, Mr. Baker testified that his

concerns were (1) that it would be inconsistent treatment in

comparison to that of different deputies, and (2) it would be

improper to implement a PIP without first implementing lower-

level disciplinary actions, such as verbal counselling or a

written warning. (Id. at 143:21-144:6). Specifically, as to

the concern of inconsistent treatment, Mr. Baker testified he

was concerned that Lt. Varley was not suggesting a PIP for a

different female deputy, Deputy Emilius, even though “people

don’t like working with [her] either.” (Id. at 143:9-16). The

record therefore reflects that Mr. Baker’s opposition to Lt.

Varley’s request for a PIP was not opposition to alleged

gender discrimination against Deputy Brown. Instead, Mr.

Baker opposed the PIP because he was concerned about purported

inconsistent treatment between female deputies. Mr. Baker

provides no record evidence creating a genuine dispute of

material fact as to whether his refusal to implement the PIP

was based on an objectively reasonable belief that Deputy

Brown was being subjected to gender discrimination.

Indeed, Mr. Baker testified that, at the August 6, 2022

meeting with Lt. Wilson, Mr. Baker did not have any basis or

belief that Deputy Brown was being singled out because of her

gender. (Pl. Depo. at 145:13-20). In response to being asked

when he came to believe that Deputy Brown’s treatment

constituted gender discrimination, Mr. Baker testified “it

wasn’t until she filed her complaint.” (Id. at 148:16-21).

The deposition also included the following exchange:

[SCSO’s Counsel]: Right. So let me ask you this,

then: In terms of her – because we talked about

under the general orders there was – obviously, as

her supervisor, you had a responsibility that if

you believed there was discrimination or

retaliation, you had an obligation to report that

to the director of human resources; is that

correct?

[Mr. Baker]: Right.

[SCSO’s Counsel]: Did you ever do that?

[Mr. Baker]: No, I didn’t. Again --

[SCSO’s Counsel]: But I’m assuming it’s because at

no point did you fully see or believe that there

was any – like, that she was actually being

discriminated against because of her gender; is

that right?

[Mr. Baker’s Counsel]: Object to the form.

[Mr. Baker]: Yeah. I have already stated that.

There was obvious harassment going on. It was

obvious that she wasn’t getting backup. But do I

know the underlying reason for that specifically?

I don’t. She has not made that specific allegation.

[SCSO’s Counsel]: Right. Which is why – I mean,

honestly, that’s why you never reported it to the

director of HR, right?

[Mr. Baker]: That would be correct, yes.

(Id. at 151:21-152:24). Thus, the record reflects that Mr.

Baker did not believe that Deputy Brown was being

discriminated against on the basis of her gender until at

least November 2022, when Deputy Brown submitted her internal

complaint to SCSO and when Captain Leonard initiated an

investigation. Thus, Mr. Baker’s earlier opposition to Lt.

Varley’s request for a PIP cannot constitute opposition to

gender discrimination.

In short, Mr. Baker has failed to establish that he

opposed an unlawful employment practice. In addition, though

he does not raise the argument, Mr. Baker fails to establish

that he made a charge, testified, assisted, or participated

in any manner in an investigation, proceeding, or hearing

under Title VII’s retaliation provision. “The participation

clause . . . protects proceedings and activities which occur

in conjunction with or after the filing of a formal charge

with the EEOC; it does not include participating in an

employer’s internal, in-house investigation, conducted apart

from a formal charge with the EEOC.” Total Sys. Servs., Inc.,

221 F.3d at 1174. Mr. Baker’s participation in SCSO’s internal

investigations of Deputy Brown’s complaints does not

constitute statutorily protected conduct for purposes of his

retaliation claims.

Accordingly, the Motion is granted because there are no

genuine disputes of material fact as to whether Mr. Baker

engaged in any statutorily protected conduct. Mr. Baker fails

to establish a prima facie case of retaliation.

ii. Adverse Action and Causal Connection

Even assuming Mr. Baker could demonstrate that he

engaged in some statutorily protected conduct, SCSO argues

that he did not suffer an adverse employment action that had

any causal connection to such conduct. (Doc. # 34 at 18).

An adverse employment action for purposes of a Title VII

retaliation claim is an action that “well might have

‘dissuaded a reasonable worker from making or supporting a

charge of discrimination.’” Burlington N. & Sante Fe Ry. Co.

v. White, 548 U.S. 53, 68 (2006) (citation omitted). This

standard protects an employee from “a wider range of

retaliatory conduct than would be available under the

standard applied” in Title VII discrimination cases. See

Crawford v. Carroll, 529 F.3d 961, 974 (11th Cir. 2008).

Nonetheless, an employee’s decision to engage in protected

activity “cannot immunize that employee from those petty

slights or minor annoyances that often take place at work and

that all employees experience.” Burlington, 548 U.S. at 68.

As the Supreme Court has explained, “Title VII’s anti-

retaliation provision . . . applies only when the retaliatory

action is ‘materially adverse,’ meaning that it causes

‘significant’ harm.” Muldrow v. City of St. Louis, Missouri,

601 U.S. 346, 348 (2024) (citation omitted).

In attempting to establish an adverse employment action,

Mr. Baker states as follows:

In the present matter Plaintiff was threatened by

Varley when he told Baker that he could transfer

him anywhere; a statement that Plaintiff took as

[a] threat and attempt to intimidate him for having

opposed his efforts regarding Brown. A jury could

conclude that such a comment was intended to have

a “chilling effect” upon Plaintiff and any future

efforts to oppose Varley’s actions. . . . Likewise,

the work environment for Plaintiff and its

applicable context must be viewed in that Captain

Leonard stated that Baker would never be promoted

and then said Captain sat on Plaintiff’s oral board

for his attempt to promote in 2023, wherein Baker’s

attempt to promote was unsuccessful and his oral

board score was curiously low compared to others

arguably less qualified or experienced. The

foregoing conduct, coupled with the constructive

termination, constitute adverse actions, such that

an ordinary person could also be dissuaded from

continuing a career with an agency that has no

intention of promoting him.

(Doc. # 39 at 14) (citations omitted).

Again, Mr. Baker cannot argue that his alleged

constructive termination constituted an adverse employment

action for purposes of this retaliation case. Mr. Baker failed

to exhaust his administrative remedies as to that discrete

act. In any event, Mr. Baker has still failed to establish

that he suffered any adverse employment action.

Mr. Baker first argues that he suffered an adverse

employment action when Lt. Varley “told Baker that he could

transfer him anywhere; a statement that Plaintiff took as [a]

threat and attempt to intimidate him for having opposed his

efforts regarding Brown.” (Id. at 14). It is unclear from the

record when Lt. Varley made this comment to Mr. Baker, but

Lt. Varley acknowledges that he made the comment and that he

had the discretion to reassign Mr. Baker to different

geographical locations during his shift. (Varley Depo. at

36:14-38:5, 42:21-43:15). Lt. Varley testified that he made

the comment to suggest moving Mr. Baker to a different

geographic location because “his leadership style was

affecting my employees.” (Id. at 37:19-22).

Mr. Baker unpersuasively urges that “[a] jury could

conclude that such a comment was intended to have a ‘chilling

effect’ upon Plaintiff and any future efforts to oppose

Varley’s actions.” (Id.)(citing EEOC v. Total Sys. Servs.,

240 F.3d 899, 902 (11th Cir. 2001) (Barkett, C.J.,

dissenting)). To the contrary, a mere “uncomfortable

conversation with a coworker, without more,” does not

constitute an adverse employment action. Davis v. Collins,

781 F. Supp. 3d 1258, 1279 (M.D. Fla. 2025). See also Muldrow,

601 U.S. at 348 (requiring the alleged retaliatory action to

cause “significant harm”); Troupe v. DeJoy, 861 Fed. App’x

291, 295 (11th Cir. 2021) (“Title VII is not a ‘general

civility code’ and does not make ordinary workplace conflicts

actionable.”). Here, the record does not reflect that Lt.

Varley’s comment caused Mr. Baker any significant harm, as

Mr. Baker’s only allegation of harm arises under his claim

that the 2023 promotional process was unfair. Indeed, Lt.

Varley’s comment has little bearing Mr. Baker’s retaliation

claims, as Lt. Varley was not involved in the 2023 promotional

process and Mr. Baker no longer worked with Lt. Varley after

November 2022. (Pl. Depo. at 156:5-7; Varley Depo. at 12:22–

14:5, 39:17–40:1, 42:10–20); see also Davis, 781 F. Supp. 3d

at 1279 (comments by HR representative not involved in alleged

adverse employment actions deemed irrelevant). In sum, Lt.

Varley’s comment does not constitute an adverse employment

action that is causally connected to Mr. Baker’s alleged

protected conduct.

Next, Mr. Baker argues he suffered an adverse employment

action because (1) “Capt. Leonard stated that Baker would

never be promoted,” (2) Capt. Leonard sat on his 2023 oral

board, and (3) “his oral board score was curiously low

compared to others arguably less qualified or experienced.”

(Doc. # 39 at 14). The Court notes that Mr. Baker has not

cited any evidence for his contention that the other promotion

candidates were “less qualified or experienced” than himself.

As detailed in the sections above, SCSO promotes

candidates annually based solely on their performance during

a four-part test. (Pickavance Decl. at ¶ 3). Whether a

particular candidate is promoted depends entirely on both

that candidate’s final ranking and the number of lieutenant

positions vacated in a given year. (Pl. Depo. at 173:9-21,

Ex. 15). During the 2023 promotional year, Mr. Baker was

ranked tenth based on the outcome of the four-part test, and

higher-ranked candidates were ultimately promoted to five

vacant lieutenant positions. (Pickavance Decl. at ¶¶ 13-17).

Hypothetically, had 10 or more lieutenant positions become

available during the 2023 promotional year, Mr. Baker would

have been promoted into a lieutenant position, assuming he

remained employed. (Pl. Depo. 172:9–174:21).

Thus, the fact that Mr. Baker was not promoted in 2023

is not an adverse employment action alone. Instead, Mr.

Baker’s challenge to the 2023 promotional process is entirely

centered on his scores and final ranking. He believes that

(1) his scores were “curiously low” and would have been higher

if not for SCSO’s alleged retaliation, and (2) his higher

scores would have obtained him a higher ranking, such that he

would have been among the highest ranked candidates who were

selected for the five lieutenant vacancies.

Mr. Baker’s 2023 promotional process board consisted of

five evaluators: Capt. Leonard, Capt. Brian Ivings, Lt. Paul

Cernansky, Major Ryan Brown, and Capt. Kenneth Rainey.

(Pickavance Decl. ¶¶ 13, 15). All the evaluators were SCSO

employees, except for Captain Rainey who was an employee of

the Sarasota Police Department. (Id.). In his deposition, Mr.

Baker testified that he believes Capt. Leonard, Capt. Ivings,

Lt. Cernansky, and Maj. Brown (i.e., the SCSO employees) all

engaged in retaliatory conduct by giving him lower rankings

in the oral board and practical examination. (Pl. Depo. at

212:11-18). However, Mr. Baker also testified that he has no

knowledge of any comments or statements made by Capt. Ivings,

Lt. Cernansky, and Maj. Brown that indicate these three

individuals scored him in a retaliatory manner. (Id. at 213:1-

22, 216:9-13). Nor has Mr. Baker presented any evidence

indicating Capt. Ivings, Lt. Cernansky, and Maj. Brown

harbored retaliatory animus against him.

The only evidence that Mr. Baker presents to demonstrate

retaliatory animus among the promotional board is Capt.

Leonard’s alleged statement that Mr. Baker would never be

promoted. (Doc. # 39 at 14; Pl. Depo. at 212:19-25). Mr. Baker

does not identify anything else, beyond this statement,

indicating that Capt. Leonard was retaliating against him.

(Pl. Depo. at 212:19-25). According to Mr. Baker, Capt.

Leonard told Deputy Brown that Mr. Baker would never be

promoted, and Deputy Brown subsequently told Mr. Baker about

the statement. (Id. at 168:25-170:10). In explaining the

context of that comment, Mr. Baker testified that Deputy Brown

told him that Capt. Leonard said Mr. Baker would never be

promoted because he was “sloppy” and “cared too much about

being friends with [his] deputies.” (Id. at 170:1-6). Mr.

Baker acknowledges that he has no knowledge that this

statement reflects anything other than Capt. Leonard’s

personal opinion and that his belief in the statement’s

retaliatory animus is speculative. (Id. at 239:24-241:21).

Capt. Leonard testified that she does not recall making any

such statement. (Leonard Depo. at 28:9-23). Deputy Brown was

not asked about the statement during her deposition, but her

unsworn declaration provides that Capt. Leonard “stated to me

a couple times that Sgt. Baker would never be promoted.”

(Brown Decl. at ¶9).

SCSO argues the alleged statement by Capt. Leonard

constitutes inadmissible hearsay within hearsay, to which no

hearsay exception applies. (Doc. # 34 at 24, n.12). As the

Eleventh Circuit has held, “[t]he general rule is that

inadmissible hearsay ‘cannot be considered on a motion for

summary judgment.’” Macuba v. Deboer, 193 F.3d 1316, 1322

(11th Cir. 1999) (citation omitted). “This rule also applies

to testimony given on deposition.” Id. at 1323 (citation

omitted). Nevertheless, “a district court may consider a

hearsay statement in passing on a motion for summary judgment

if the statement could be reduced to admissible evidence at

trial or reduced to admissible form.” Id. (internal quotation

marks omitted).

The Court finds that Mr. Baker’s deposition testimony

about Capt. Leonard’s statement is inadmissible hearsay, but

Deputy Brown’s declaration about that statement is not

hearsay. Deputy Brown’s recounting of the statement to Mr.

Baker is hearsay because it is presented for the truth of the

matter that Deputy Brown asserted, i.e., that Capt. Leonard

in fact made the alleged statement. But Deputy Brown’s

declaration about the statement is not hearsay because it is

not presented for the truth of the matter asserted, but rather

to demonstrate Capt. Leonard’s alleged retaliatory animus.

Accordingly, the Court will consider Capt. Leonard’s alleged

statement about Mr. Baker for purposes of this Motion.

Nonetheless, Capt. Leonard’s alleged statement, that Mr.

Baker would never be promoted, does not save Mr. Baker’s

claims from summary judgment. “To survive summary judgment,

the employee must present a story, supported by evidence,

that would allow a reasonable jury to find that the employer

engaged in unlawful retaliation against the employee. The

court must view the evidence in the light most favorable to

the employee and draw all reasonable inferences in her favor.

But inferences in favor of an employee can be based only on

evidence — not on speculation. A scintilla of evidence in

support of the employee’s position is always insufficient.

When an employer offers abundant and uncontroverted

independent evidence that no retaliation occurred, the

employer will be awarded summary judgment.” Berry, 84 F.4th

at 1311 (cleaned up).

Here, Mr. Baker presents a mere scintilla of evidence in

attempting to demonstrate retaliation, as he identifies no

evidence of retaliatory animus other than Capt. Leonard’s

alleged statement. In his deposition, Mr. Baker admitted that

his belief in the alleged statement’s retaliatory animus is

speculative. (Pl. Depo. at 239:24-241:21). Moreover, SCSO has

presented abundant and uncontroverted evidence indicating

that Capt. Leonard did not retaliate against Mr. Baker for

his purported opposition to alleged gender discrimination

against Deputy Brown. Indeed, the undisputed facts show that

(1) at the August 6, 2022 meeting with Lt. Wilson, neither

Mr. Baker nor Deputy Brown complained of any gender

discrimination (Pl. Depo. at 113:13–19, 115:19–24, 145:13–

146:14, 147:15– 149:4, 151:22–152:24, Ex. 8 at 3; Brown Depo.

at 25:10–26:15); (2) at the November 11, 2022 meeting with

Capt. Leonard, Mr. Baker attributed the problems faced by

Deputy Brown to “personality” issues with co-workers rather

than gender discrimination (Pl. Depo. at 113:13–19, 115:19–

24, 162:17–24, Ex. 8 at 8); (3) Mr. Baker never communicated

to Capt. Leonard that he believed Deputy Brown received

inadequate backup due to her gender (Leonard Depo. at 12:24–

13:11); (4) in December 2022, Mr. Baker provided Capt. Leonard

with documentation that reflected Deputy Brown was receiving

adequate backup (Pl. Depo. at 113:13–19, 115:19–24, Ex. 8 at

8; Leonard Depo. at 13:12-17); and (5) Mr. Baker never

expressed any concern to SCSO’s human resource director that

Deputy Brown’s issues with inadequate backup were related to

gender discrimination (Leonard Depo. at 12:1-13:11; Pl. Depo.

at 151:22–152:24).

Even if the Court were to accept Mr. Baker’s contention

that Capt. Leonard’s alleged statement reflected retaliatory

animus, the record does not support his argument that he

received lower scores because of any alleged retaliation. As

part of the regular scoring process, both the highest and

lowest evaluator scores are dropped. (Pickavance Decl. at

¶6). Excluding the highest and lowest scores, Mr. Baker’s

practical examination scores were 25, 25, and 24, and his

oral board scores were 33, 33, and 33. (Id. at ¶¶ 13, 15, Ex.

3). Accordingly, among the scores that were used to compute

Mr. Baker’s final ranking, the scores that Capt. Leonard gave

for Mr. Baker (i.e., 25 on practical examination and 33 on

oral board) are either equal to or greater than the scores

that other evaluators gave Mr. Baker during the 2023

promotional process. Indeed, the scores that Capt. Leonard

gave for Mr. Baker in the 2023 promotional process are largely

aligned with the scores she gave for Mr. Baker in the 2021

and 2022 promotional processes:

Captain Leonard's Scores for Mr. Baker

Year Practical Examination Oral Board

2021 48 out of 60 points (80%) 70 out of 100 points (70%)

2022 24 out of 30 points (80%) 35 out of 50 points (70%)

2023 25 out of 30 points (83%) 33 out of 50 points (66%)

(Pickavance Decl. at ¶¶ 9-16).

Accordingly, there are no genuine disputes of material

fact as to any adverse employment action or causal connection.

iii. Nonretaliatory Reasons and Pretext

For the reasons set forth above, Mr. Baker has failed to

establish a prima facie case for retaliation. Accordingly,

the Motion is granted.

Even if Mr. Baker could establish a prima facie case,

however, SCSO has supplied legitimate, nonretaliatory reasons

for Mr. Baker’s 2023 promotional process scores and his final

ranking. Those reasons are reflected in the various evaluator

sheets for Mr. Baker’s 2023 promotional process. (Pl. Depo.

at Ex. 17). The evaluator sheets include multiple pages of

rubric-style scoring tables, rating scales, and spaces for

written notes by the evaluators. (Id.). Nothing in these

evaluator sheets reflects any indication of retaliatory

animus against Mr. Baker. Rather, all the evaluator notes

reflect scoring and commentary on Mr. Baker’s performance in

answering the relevant questions. (Id.). Mr. Baker does not

dispute that SCSO’s four-part promotional process tests

legitimate skills pertaining to the lieutenant position or

that SCSO administers identical examinations each year to all

lieutenant candidates. (Pl. Depo. at 172:5–173:8, 176:4–

178:18, 186:4–189:4, 195:2–12, 202:15–203:20, Ex. 12, Ex. 15;

Leonard Depo. at 20:2–23:8; Doc. # 34-17, Mruczek Depo at

11:4–13:9. 15:2–13, 20:3–21:7).

As SCSO has proffered nonretaliatory reasons, Mr. Baker

bears the burden of proving that SCSO’s proffered reasons are

pretext for retaliation. Berry, 84 F.4th at 1307. “To prove

that an employer’s explanation is pretextual, an employee

must cast enough doubt on its veracity that a reasonable

factfinder could find it ‘unworthy of credence.’” Id.

(citation omitted). “If the employer’s stated reason is

legitimate — in other words, if it might motivate a reasonable

employer to act — then the employee must address that reason

head on and rebut it. An employee cannot rebut a reason by

simply quarreling with the wisdom of it. Instead, she must

point to weaknesses, implausibilities, inconsistencies,

incoherencies, or contradictions in the justification. To

avoid a summary judgment, an employee must establish a genuine

dispute of material fact that the employer’s reason is

pretextual.” Id. at 1307-08 (citations and quotation marks

omitted). Here, in his attempt to show pretext, Mr. Baker

states in full:

Again, context matters, and a jury considering

Capt. Leonard’s statement regarding SCSO never

going to promote Plaintiff, with the failure to

promote while Leonard sat on the board, as well as

Varley’s intimidating threat to move Plaintiff

certainly call into question whether Defendant’s

proffered reason may indeed be a pretext to engage

in such retaliation; certainly a conclusion the

fact finders could reach. Fueling such a theory is

that, as Baker pointed out, the oral board and

practical sections of the promotional process are

very subjective and open to manipulation wherein a

decision maker with animus towards Plaintiff could

certainly adjust his scores in these areas such

that it has an adverse effect on Plaintiff’s

promotional opportunity. Plaintiff described that

he, based upon his experience as a Sergeant and

with the promotional process, successful projects,

and qualifications, did not believe it was logical

that his score should be so low in this subjective

area. As such, a jury could also conclude that

Plaintiff’s view is accurate and that Defendant’s

reason for not promoting Plaintiff was indeed a

pretext.

(Doc. # 39).

Mr. Baker fails to establish any genuine dispute of

material fact that SCSO’s proffered reasons are pretextual.

As stated earlier, Lt. Varley was not involved in the 2023

promotional process; thus Lt. Varley’s alleged “intimidating

threat” has no bearing on Mr. Baker’s scores and ranking.

Moreover, the mere scintilla of evidence of Capt. Leonard’s

statement fails to establish retaliatory intent. Even

considering Capt. Leonard’s statement, Mr. Baker still fails

to establish pretext because he fails to address head on and

rebut the proffered reasons for his scores in the evaluator

sheets, including Capt. Leonard’s evaluator sheets.

Finally, Mr. Baker’s assertions that SCSO’s promotional

process was subjective and “open to manipulation” fail to

establish pretext. Title VII does not prohibit employers from

utilizing subjective criteria in making employment decisions.

See Chapman v. AI Transport, 229 F.3d 1012, 1034 (11th Cir.

2000) (en banc) (“A subjective reason is a legally sufficient,

legitimate, nondiscriminatory reason if the defendant

articulates a clear and reasonably specific factual bases

upon which it based its subjective opinion.”). Mr. Baker’s

conclusory belief that his scores were low fails to create

any genuine dispute of material fact.

iv. Convincing Mosaic

For the reasons above, Mr. Baker’s claims fail under the

McDonnell Douglas framework. Accordingly, the Court now turns

to assess his claims under the convincing mosaic standard.

Under that approach, “[t]he legal standard — and the

question for the court at summary judgment — is only whether

the evidence permits a reasonable factfinder to find that the

employer retaliated against the employee. That legal standard

applies no matter how an employee presents her circumstantial

evidence.” Berry, 84 F.4th at 1311; see also Ismael, 161 F.4th

at 765 (“[T]he court must proceed to ask whether the record,

viewed in a light most favorable to the plaintiff, presents

a convincing mosaic of circumstantial evidence that would

allow a jury to infer intentional discrimination [or

retaliation] by the decisionmaker.” (citation and quotation

marks omitted)). “Such evidence may include ‘(1) suspicious

timing, ambiguous statements . . . , and other bits and pieces

from which an inference of discriminatory intent might be

drawn, (2) systematically better treatment of similarly

situated employees, and (3) that the employer’s justification

is pretextual.’” Id. at 760.

Here, viewing the record in the light most favorable to

Mr. Baker, his circumstantial evidence fails to create a

genuine issue concerning SCSO’s alleged retaliation. First,

Mr. Baker failed to establish that he engaged in any

statutorily protected conduct that would give rise to alleged

retaliation. Second, Mr. Baker’s circumstantial evidence of

retaliation is insufficient. The only evidence that Mr. Baker

presents to establish SCSO’s retaliatory animus is (1) Lt.

Varley’s comment that he could transfer Mr. Baker, and (2)

Capt. Leonard’s alleged statement that Mr. Baker would never

be promoted. (Doc. # 39 at 14). Again, Lt. Varley’s comment

has no bearing on Mr. Baker’s claims because Lt. Varley was

not involved in the 2023 promotional process. Capt. Leonard’s

alleged statement is hardly enough to paint a convincing

mosaic, and Mr. Baker himself admits that his belief in its

retaliatory animus is speculative. (Pl. Depo. at 239:24-

241:21). For the same reasons, Mr. Baker’s arguments for

pretext fail. Further, Mr. Baker presents no evidence of

suspicious timing or systematically better treatment of

similarly situated employees. His conclusory assertions that

SCSO’s process was “open to manipulation” and that “a jury

could also conclude that [Mr. Baker’s] view is accurate” fail

to establish any genuine dispute of material fact.

The Motion is granted on all claims.

Accordingly, it is now

ORDERED, ADJUDGED, and DECREED:

(1) Defendant Kurt A. Hoffman’s Motion for Summary Judgment

(Doc. # 34) is GRANTED.

(2) The Clerk is directed to enter judgment in favor of

Defendant Kurt A. Hoffman as Sheriff of Sarasota County

and against Plaintiff Scott Baker on all counts of the

complaint.

(3) Thereafter, the Clerk is directed to terminate all

pending deadlines and CLOSE the case.

DONE and ORDERED in Chambers in Tampa, Florida, this

27th day of March, 2026.

VIRGINIA M. HERNANDEZ’COVINGTON

UNITED STATES DISTRICT JUDGE

44

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.