TALLAHASSEE, Fla. – The former Director of Criminal Courts for Leon County is suing Court Clerk Gwen Marshall, alleging Marshall and a fellow Black employee made a “deliberate effort” to force out non-Black employees such as herself.
Plaintiff Shannon Cash-Russell filed her lawsuit January 30 in U.S. District Court for the Northern District of Florida, Tallahassee Division.
Cash-Russell, who is white, began her employment with the court in May 1990 and held the position of criminal courts director until her constructive discharge on Oct. 31, 2024.
Constructive discharge occurs when an employer creates, or knowingly allows for, working conditions so intolerable that a person feels forced to resign.
In her 16-page complaint, Cash-Russell alleges continued harassment and criticism of her staff by Marshall and Lorraine Wells, assistant director of criminal courts, caused the “entirety” of the felony court staff to resign between August 2024 and September 2024.
“Such treatment was consistent with a deliberate effort to force non-African American employees out of employment while protecting or promoting African American employees,” her filing alleges. “Wells and Marshall were systematically alienating Plaintiff and her staff with the intent to compel their resignations.”
Cash-Russell claims that despite her “stellar” work performance, she was subjected to disparate treatment, different terms and conditions of employment, and held to a different standard because of her race – and was retaliated against for reporting such discrimination.
Cash-Russell alleges the discrimination began when Marshall hired Wells to work under her in December 2023.
“Immediately upon being hired, Wells began constantly criticizing the employees who worked on Plaintiff’s team and creating an uncomfortable and hostile work environment,” the filing states. “By way of example, Wells would frequently critique and insult what employees were wearing, even when the clothing was within the dress code.
“Additionally, Wells would make racially charged and discriminatory comments that made other employees uncomfortable.”
In February 2024, Cash-Russell claims she met with Marshall to report her concerns regarding Wells’ conduct.
During the meeting, she also conveyed that she felt she was being “marginalized” in favor of Wells and asked about the reason for such treatment.
“Marshall responded by assuring Plaintiff that she was not showing favoritism toward Wells, stating instead that Wells was simply ‘bringing a new perspective,’” the complaint states. “Following this protected report, Plaintiff began experiencing retaliatory treatment designed to undermine her authority and force her out of her position.”
In August 2024, Marshall said during a senior staff meeting that Cash-Russell would report to Wells, according to the suit.
“This made it evident that Plaintiff had been demoted in practice and had effectively been required to train her replacement,” the filing states.
Then, in a regularly scheduled senior management meeting on Oct. 30, 2024, Cash-Russell alleges Marshall directed all members to submit letters of resignation. Marshall indicated she would determine which resignations she would accept and which employees would be permitted to remain.
“This directive was applied and enforced in a racially discriminatory and retaliatory manner, as Plaintiff and other Caucasian employees were ultimately forced to resign or were terminated, while African American employees were retained,” the complaint states.
According to her filing, Cash-Russell met with Marshall the next day, to seek clarification on her supervisor’s “drastic” decision. Marshall told Cash-Russell she did so at the advice of her attorneys.
At this point, Cash-Russell said she expressed it would be “untenable” to continue working under the uncertainty of whether she would be allowed to retain her position. She told Marshall the directive was both “cruel and unjust.”
“Plaintiff then informed Marshall of her decision to retire, effective immediately, as no reasonable employee would remain employed with Defendant under these circumstances,” the complaint states. “Marshall made no effort to dissuade Plaintiff from retiring, leading Plaintiff to reasonably believe that Marshall desired her departure.”
Cash-Russell pointed out in her suit that following her constructive discharge, other white members of senior management were terminated by Marshall while Black senior management members were permitted to retain their positions.
“This further demonstrates Defendant’s pattern and practice of treating employees differently based on race and retaliating against those who opposed such treatment,” the filing states.
Cash-Russell noted that Marshall, as a result of the terminations, has been accused of gross mismanagement.
“The Defendant has caused abysmal failures within the court system for which she has been publicly and privately criticized,” the complaint states.
Cash-Russell seeks an award of general and compensatory damages, a judgment permanently enjoining Marshall from future violations, and award for attorney’s fees.
Tallahassee attorney Marie A. Mattox PA is representing her in the suit.
