Suit by Chris Cullen Copyrighted
August 7, 2017
City of Dubuque Consent Items # 2.
ITEM TITLE: Notice of Claims and Suits
SUMMARY: Alec Benson for vehicle damage, Lester& Susan Bettcher
for property damage, Linda Breitbach for personal injury,
Charles and Ruth Ellis for property damage, Timothy Kelly
for vehicle damage, Mark Lansing for vehicle damage,
Monique Hopkins for vehicle damage, Aislinn O'Brien for
vehicle damage, Lynn Pollock for vehicle damage, suit by
Chris Cullen for Civil Service veteran's points application.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Refer to City
Attorney
ATTACHMENTS:
Description Type
Benson Claim Supporting Documentation
Bettcher Claim Supporting Documentation
Breitbach Claim Supporting Documentation
Ellis Claim Supporting Documentation
Hopkins Claim Supporting Documentation
Kelly Claim Supporting Documentation
Lansing Claim Supporting Documentation
O'Brien Claim Supporting Documentation
Pollock Claim Supporting Documentation
Cullen Suit Supporting Documentation
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
CHRIS E. CULLEN,
Plaintiff, PETITION
VS.
CITY OF DUBUQUE, 01311
Defendant.
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COMES NOW, Plaintiff, Chris E. Cullen, and for his cause of action pursuant to
Iowa Code Chapter 35C and Iowa Code Chapter 400, states:
1. Plaintiff is and at all times material hereto was a resident of Dubuque, 9
Dubuque County, Iowa.
2. The City of Dubuque is duly recognized by the laws of the State of Iowa and
is a city for purposes of Iowa Code Section 35C.1. j
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3. Plaintiff served in the United States Air Force from 1987 through 1991. V
4. Plaintiff began his employment with the City of Dubuque as a art-time bus �
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driver in July, 2014. III
9 5. Plaintiff applied for a position as a full-time bus driver in August, 2014,
which included sitting for the Civil Service Exam.
6. Iowa Code Chapter 35C requires all cities to inquire as to all applicants'
military service, and award veterans 5 percentage points to their Civil
Q,.«t,' + + + «+L. ' T,.�, 0 A- co..t•�„-, Inn to
oe vice test score, as set fortis iii Iowa I-OLM. 0%4%ILIV11-rvv.1 V.
7. Veterans' preference points were not added to Plaintiff's Civil Service exam
score.
e. T he Application for Employment Plaintiff completed did not contain an
inquiry as to applicants' military service, despite being required to dco bye
Iowa Code Chapter 35C. ? ;
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9. As a result of the veterans' preference points not being added to 01;aiWff's
Civil Service Exam score, Plaintiff was not considered or intervigwad for 4W
position he had applied for.
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10. The City of Dubuque admitted it had not added veterans' preference points
to Plaintiffs Civil Service Exam score.
11. Plaintiff has since taken the Civil Service Exam again(the test score is only
good for a certain period of time) and again was not correctly awarded
veterans' preference points.
12. As a result of the foregoing, Plaintiff filed a grievance with the Civil Service
Commission and was retaliated against the very next day.
13. Plaintiff has since applied for several more positions as a full-time bus
driver, but was not hired for any of those positions.
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14. When Plaintiff points out errors that were made in the hiring process, he is
told things like "if you have all these complaints against the City, why do
you want to work for them?"
15. Defendant's actions and inactions are intentional and reckless.
16. As a result of the City's actions, Plaintiff has been damaged including but
not limited to the following particulars:
A. Lost wages,
B. Lost benefits,
C. Statutory damages,
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D. Paid time off,
E. Lost vacation time,
F. The inability to be with his son during critical appointments relating to
when his son had a tumor removed from his back at the University of
Iowa Hospitals and Clinics because Plaintiff was unable to take time off
work due to his part-time status, and
G. Punitive damages.
WHEREFORE, Chris E. Cullen, Plaintiff, respectfully requests the Court enter
judgment against Defendants in an amount that will adequately compensate for his
damages.
CHRIS E. CULLEN, Plaintiff, By:
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PIONEER LAW OFFICE, I
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By: /s/ Cory R. Thein AT0007851
1635 Associates Drive, Suite 102 f
Dubuque, IA 52002
(563) 583-9101
Fax: (563) 583-9103
Email: cory26 pioneerlawoffice.com
cc: Chris E. Cullen
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IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
CHRIS E. CULLEN,
ORIGINAL NOTICE
Plaintiff,
01311
LA V (0
vs.
CITY OF DUBUQUE,
Defendant.
TO THE ABOVE-NAMED DEFENDANT:
You are notified that a petition has been filed in the Office of the Clerk of this Court,
naming you as the Defendant in this action. A copy of the Petition(and any documents
filed with it) is attached to this Notice. The attorney for the Plaintiff is Cory R. Thein,
whose address is 1635 Associates Drive, Suite 102, Dubuque, IA 52002,Ph. 563-583-
9101, Fax 563-583-9103.
You must serve a motion or answer within 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 may be rendered against you for the relief demanded
in the petition.
If you need assistance to participate in court due to a disability, call the disability
coordinator at(319) 833-3332. Persons who are hearing or speech impaired may call
Relay Iowa TTY (1-800-735-2942), Disability coordinators cannot provide legal
advice.
IMPORTANT:
YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR
INTERESTS.
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STATE OF IOWA JUDICIARY
Case No. LACV106361
County Dubuque
Case Title CULLEN V CITY OF DUBUQUE
THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING.
Therefore,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless you obtain an
exemption from the court,you must file your Appearance and Answer electronically.
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You must register through the Iowa Judicial Branch website at httr)://www.iowacourts.state.ia.us/Efile and obtain a log in and
password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court.
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FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING,REFER TO THE IOWA COURT RULES CHAPTER
16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM:
http://www.iowacourts.state.ia.us/Efile
FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,REFER TO DIVISION VI OF IOWA
COURT RULES CHAPTER 16:httr)://www.iowacourts.state.ia.us/Efile
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Scheduled Hearing:
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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 (319)833-33332 (If you are hearing impaired,call Relay Iowa TTY at 1-800.735-2942.)
Date Issued 07/10/2017 08:04:51 AM
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District Clerk of Dubuque County
/s/Ana Unger
Copyrighted
August 7, 2017
City of Dubuque Consent Items # 3.
ITEM TITLE: Disposition of Claims
SUMMARY: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent
for the Iowa Communities Assurance Pool: Lester and
Susan Bettcher for property damage, Linda Breitbach for
personal injury, Ruth Ellis for property damage, Monique
Hopkins for vehicle damage, Timothy Kelly for vehicle
damage, Mark Lansing for vehicle damage, Aislinn O'Brien
for vehicle damage, Lynn Pollock for vehicle damage, suit
by Chris Cullen for Civil Service veteran's points
application.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Concur
ATTACHMENTS:
Description Type
ICAP Referrals Supporting Documentation
PERS Referral - Cullen Suit Supporting Documentation
Maureen A.Quann,Esq. Dubuque THE C
Assistant City Attorney
Suite 330, Harbor View Place DtU�B�
300 Main Street All-AmerieaMy
Dubuque,Iowa 52001-6944
(563)589-4381 office Masterpiece on the Mississippi
(563)583-1040 fax
mquann(c-L cityofdubuque.org 2007.2012•2013
August 1, 2017
Amy Miner, Claims Manager
Public Entity Risk Services
5701 Greendale Road
Johnston, Iowa 50131
RE: Chris Cullen vs. City of Dubuque/Case No. 01311 LACV 106361
Dear Amy:
Enclosed is a copy of an Original Notice and Petition which the City Clerk received July
31 , 2017, e-filed July 7, 2017 in the Iowa District Court for Dubuque County regarding
the above-referenced subject. Plaintiff began his employment with the City of Dubuque
as a part-time bus driver in July 2014. The Petition references that the cause of action is
pursuant to Iowa Code Chapter 35C and Iowa code Chapter 400.
We are requesting a determination whether there is any coverage for this lawsuit under
the City's ICAP contract.
am forwarding copies of the Original Notice and Petition, as well as our file, to Les
Reddick, Esq. for a defense.
Very sincerely,
,�UM4
Maureen A. Quann, Esq.
Assistant City Attorney
MAQ:tls
Enclosure
cc: Michael C. Van Milligen, City Manager
Candace Eudaley, Transit Manager
Randy Peck, Personnel Manager
Les Reddick, Esq.
Tim English, English & O'Connor Insurance Agency
F:\Users\tsteckle\Quann\PERS-Lawsuit-080117.docx