Plaintiff Gregory DePiano said his civil rights were violated because the county kept two photos in his personal file of him wearing a red bra, black blouse, red lipstick and earrings, according to an Associated Press report. He was sitting on a bed with handcuffs and stuffed animals nearby.
DePiano said he was demoted from sergeant after the photos surfaced, according to the news report. For its part, the county said he had 47 disciplinary actions against him.
The judge ruled DePiano did not appear to suffer from a severe or pervasive work environment. The judge also said the county had a legitimate reason for keeping the photos in case the guard became an extortion target by an inmate.