Claim by Michael Clancy~l/~ ~ r
~ ~ ~ ~~,~~
IN THE IOWA DISTRICT COURT
DUBUQUE COUNTY
MICHAEL K. CLANCY (9/12/52),
Plaintiff,
vs.
CITY OF DUBUQUE, IOWA
Defendant.
TO THE ABOVE-NAMED DEFENDANT(S): CITY OF DUBUQUE, IOWA
YOU ARE NOTIFIED that a Petition at Law and Demand for Jury Trial was filed on the day of February,
2008, in the office of the Clerk of this Court naming you as the Defendant in this action. A copy of the Petition is
attached to this Notice. The attorney for the Plaintiffs is Danita L. Grant, Fuerste, Carew, Coyle, Juergens & Sudmeier,
P.C., whose address is 200 Security Building, 151 West 8th Street, Dubuque, Iowa 52001, and whose phone number is
(563) 556-4011; facsimile number (563) 556-7134.
You must serve a Motion or Answer within twenty (20) days after service of this Original Notice upon you and
within a reasonable time thereafter file your motion or answer with the Clerk of Court for Dubuque County, at the county
courthouse in Dubuque, Iowa. If you do not, judgment by default maybe rendered against you for the relief demanded
in the petition.
If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately
call your district ADA coordinator at (563) 589-4448. (If you are hearing impaired, call Relay Iowa TTY at
1-800-735-2942).
(SEAL)
IMPORTANT:
,~~,
N0. 01311 LACVO 55398
ORIGINAL NOTICE
CLERK OF COURT
Dubuque County Courthouse
Dubuque, Iowa
YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO
PROTECT YOUR INTERESTS.
r
c'~~„^
ti{~'
>• ~r
IN THE IOWA DISTRICT COURT ~ ~~ F ~'p
`>,_, 'i ~
~; ~„~ ~
DUBUQUE COUNTY ~,~~' ~~ ~
. C'.,~.
•,- >,
MICHAEL K. CLANCY,
Plaintiff,
vs.
CITY OF DUBUQUE, IOWA
NO. 01311 LACVO ~~~~
Defendant. ~
PETITION AT LAW
AND DEMAND FOR JURY TRIAL
COMES NOW Plaintiff, MICHAEL K. CLANCY, and for his cause of action
against the Defendant states as follows:
COMMON ALLEGATIONS
1. Plaintiff is a resident of Dubuque, Dubuque County, Iowa.
2. Defendant City of Dubuque, Iowa is a municipal corporation located within
Dubuque County, Iowa.
3. At all times relevant hereto, Plaintiff Michael K. Clancy was employed by
the City of Dubuque in Dubuque, Iowa.
COUNT I -Disability Discrimination
4. Plaintiff Michael K.Clancy, alleges and incorporates herein paragraphs 1-3
of this Petition.
5. At all times material hereto, Defendant City of Dubuque has regularly
employed at least 15 individuals, and has regularly employed employees in the State of
Iowa.
6. Plaintiff was employed by the Defendant City of Dubuque from March 1979
to February 2007, when his employment was terminated.
7. Plaintiff was first hired by the Defendant City of Dubuque as a laborer, but
later, starting in August 2004, worked as apart-time parking ramp cashier after sustaining
a work related injury in 2001 resulting in permanent injuries and work restrictions.
8. Plaintiff was working in his position as a part-time parking ramp cashier at
the time of his termination.
9. On or about June 29, 2006, Plaintiff was involved in a serious motor vehicle
accident in which he sustained a concussion, severe head trauma, and brain injuries.
10. As a result of the head injuries he sustained, Plaintiff suffers from memory
loss, loss of cognitive functioning, distractibility, and has difficulty multi-tasking.
11. Plaintiffs health condition rendered him and continues to render him
disabled within the meaning of the Iowa Civil Rights Act of 1965, Title VII of the United
States Civil Rights Act of 1964, as amended, and the Americans with Disabilities Act.
12. Despite said disability, Plaintiff was qualified and able to perform the duties
and functions of his employment with the Defendant City of Dubuque with reasonable
accommodation.
13. Plaintiff informed Defendant City of Dubuque of his mental disability and
asked for reasonable accommodation.
14. Defendant City of Dubuque refused to give Plaintiff the reasonable
accommodation he requested.
15. Plaintiff was terminated from his employment on February 8, 2007 by the
Defendant because of his disability.
16. Said termination of employment by the Defendants constituted unlawful
discrimination on the basis of disability in violation of the Dubuque Code of Ordinances,
Iowa Civil Rights Act of 1965, Title VII of the United States Civil Rights Act of 1964, as
amended, and the Americans with Disabilities Act.
17. Said discriminatory practice occurred within Dubuque, Dubuque County,
Iowa.
2
18. As a proximate cause of Defendant's actions, Plaintiff has suffered
damages, including but not limited to, past and future wage loss and emotional distress,
in excess of the jurisdictional limit of the Iowa Associate District Court.
19. Plaintiff has exhausted all administrative remedies. Plaintiff filed
complaints with the Iowa Civil Rights Commission and EEOC within 180 days of said
discrimination. The complaints were on file for at least sixty (60) days and said agencies
have each issued arelease/right to sue, true copies of which are attached hereto as Exhibits
A and B, respectively.
WHEREFORE Plaintiff, Michael K. Clancy, respectfully requests this Court enter
judgment against the Defendant City of Dubuque for compensatory damages in a sum
sufficient to compensate for Plaintiff's injuries and loss, emotional distress, reasonable
attorneys' fees and expenses, the cost of this litigation, interest as provided by law, and
any other relief the Court deems just and proper.
COUNT II -Punitive Damages
20. Plaintiff Michael K. Clancy alleges and incorporates herein paragraphs 1-19
of this Petition.
21. The Defendant acted intentionally, willfully, and maliciously by terminating
the Plaintiff's employment, in wanton disregard of the Plaintiffs rights, under
circumstances and in such a wrongful state of mind as to require an award of punitive
damages against the Defendant and in favor of the Plaintiff in that amount which will
deter the Defendant and others from such conduct in the future.
WHEREFORE, the Plaintiff Michael K. Clancy, prays for judgment against the
Defendant for punitive damages in that amount which will deter the Defendant and others
from such conduct and damage in the future, together with interest as allowed by law and
the costs of this action.
DEMAND FOR JURY TRIAL
The Plaintiff requests JURY TRIAL of all issues so triable.
3
FUERSTE, CAREW, COYLE,
JUERGENS & SUDNIEIER, P.C.
By ~~, -_
Danita L. Grant, AT0002949
200 Security Building
151 West 8th Street
Dubuque, Iowa 52001-6832
Phone: (563) 556-4011
Fax: (563) 556-7134
Attorneys for PLAINTIFF.
4