A federal appeals court has overturned a lower court and ruled that four New Britain, Connecticut, police officers have qualified immunity from being charged with sex discrimination.

The U.S. Court of Appeals in New York, however, said a claim against a fifth police officer can proceed, according to Monday's ruling in Jennifer Raspardo, Needasbrina Russell, Gina Spring v. John Carlone, William Gagliardi, Thomas Steck, Kenneth Panetta, Anthony Paventi.

The two former and one current female New Britain police officers had filed suit in U.S. District Court in Hartford, Connecticut, against the City of New Britain, its police department, the police union and five individual police supervisors under Title VII of the Civil Rights Act of 1964, Section 1983 of the civil code, which relates to the deprivation of civil rights, and other federal and state laws, charging the five supervisors had discriminated against them on the basis of sex by creating a hostile work environment and subjecting them to disparate treatment. The appellate ruling focused on the case against the five police officers.

In March, 2012, the District Court denied the defendants' motion for summary judgment on the basis of their qualified immunity as public officials.

The appeals court held that all but Mr. Carlone were entitled to qualified immunity. The doctrine of qualified immunity “protects federal and state officials … from unnecessary and burdensome discovery or trial proceedings,” said the unanimous ruling by a three judge panel, in quoting an earlier ruling.

In order to overcome this qualified immunity, a plaintiff must show that the defendant caused the plaintiff to be deprived of a federal right, said the panel.

Mr. Carlone was accused of “unwanted touching and vulgar comments in front of other officers,” as well as additional comments about Ms. Raspardo's body on more than 10 occasions over a period of just one year. This “would be amply sufficient to permit a jury to find a sexually hostile work environment,” said the appeals court, in affirming he was not entitled to qualified immunity.

In discussing the charges against Mr. Steck and Mr. Panetta, however, the appeals panel said although the plaintiffs had been reprimanded for tardiness, not properly maintaining their uniforms and miscommunications over their use of sick leave and personal days, it “cannot conclude that the defendant's conduct was motivated by the plaintiff's sex.” The court also held that in Mr. Paventi's case, his behavior “was not sufficiently severe or pervasive to violate clearly established law.”

The court also granted immunity to the then-chief of the New Britain police department, Mr. Gagliardi, concluding he “neither created a hostile work environment through his own direct actions, nor was grossly negligent in his supervision or investigation of subordinate officers who allegedly harassed the plaintiffs on the basis of sex.”

The litigation against the City of New Britain and its police department under Title VII and Section 1983 is continuing before the District Court, said the appellate ruling.