Sabrina Tapp-Harper won Baltimore sheriff race but is still suing opponent for retaliation
Sabrina Tapp-Harper defeated incumbent Baltimore City Sheriff Sam Cogen, but her lawsuit against him is still moving forward.
Tapp-Harper's lawyer told a federal judge Thursday he is still waiting for emails that could help prove his client's claim that Cogen retaliated against her when he first took over as sheriff four years ago.
Tapp-Harper is seeking more than $1,000,000 in damages, accusing Cogen of firing her without cause in retaliation for filing a complaint alleging discrimination and mistreatment.
The case may not be resolved by the time Tapp-Harper takes over Cogen's job.
The sheriff's race
The race for sheriff was one of Baltimore City's most competitive this election cycle. With no general election opponent, Sabrina Tapp-Harper will soon take over for incumbent Sam Cogen after her primary victory.
The case split Democratic Party heavyweights, with Tapp-Harper garnering the support of Mayor Brandon Scott. Cogen had the backing of Governor Wes Moore in the primary battle.
In the end, Tapp-Harper pulled off the upset at the polls—forcing Cogen out of his job after just one term.
She won by almost 10 percentage points, with 36,352 votes to Cogen's 30,046.
He soon congratulated her and wrote, "I look forward to working together over the next six months as you transition to your new role as Baltimore City Sheriff."
But a long-standing court battle between them continues to play out.
While a federal judge previously dismissed many of Tapp-Harper's claims of discrimination, he has allowed her lawsuit against Cogen to continue on the grounds he retaliated against her for filing an EEO complaint.
The timeline
The case goes back to September 1st, 2022, when Tapp-Harper reached a settlement about discrimination on the job. As part of the agreement, she was promoted to Assistant Sheriff.
She alleges the next day, Cogen, who had recently defeated longtime Sheriff John Anderson, "without legal authority, sent a communication to Anderson requesting a pause in…hiring and promotion."
Tapp-Harper's suit then notes that on November 30, 2022, Cogen was sworn in as sheriff.
She alleges — that same day — he placed her on administrative leave.
On December 27th, she says he fired her.
The suit states, "Sheriff Cogen knew of the EEO settlement agreement with plaintiff Tapp-Harper and knowingly, willfully, and maliciously violated its terms by taking adverse actions against her."
Latest court issues
Fast forward to a virtual hearing Thursday before Judge Adam B. Abelson, where Tapp-Harper's lawyer said he is still missing emails from Cogen he believes will help bolster his case.
"They've got to have access," Tapp-Harper's attorney Sheridan Todd Yeary told the judge
He said he is also seeking an internal case file about Tapp-Harper's discrimination complaint.
Yeary said he believes the information exists after the deposition of a human resources manager. "She knew the room, and she said she had a key," he told Judge Abelson Thursday.
Cogen is represented by the Maryland Attorney General's office. His attorney Alexis Gbemudu argued there was "a diligent search" for all relevant discovery information, which she said has been turned over to Tapp-Harper's lawyer.
"The requested email does not exist within the control of the sheriff," she said of communication between Cogen and his predecessor.
Yeary told the judge it "comes down to who knew what and when" and said it is "significant to know what communications went on around the suspension and termination of Sabrina Tapp-Harper."
According to her complaint, Tapp-Harper wants "punitive damages for the defendant's willful and malicious conduct in an amount to be determined at trial but not less than $1,000,000."
What's next?
Judge Abelson did not rule Thursday.
He wants both sides to meet to try to iron out the dispute, but if they cannot agree and he rules there needs to be another search for files and emails, Abelson acknowledged the case could drag out for months.
Tapp-Harper's attorney told Judge Abelson he wants to make sure no emails or files have been overlooked and see "if the juice is worth the squeeze."
