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Suit by Abby Simon v. City of Dubuque/Dalsing Copyrighted July 15, 2019 City of Dubuque Consent Items # 2. ITEM TITLE: Notice of Claims and Suits SUM MARY: Steve Lange for property damage; suit byAbigail Simon vs. City of Dubuque / Mark Dalsing SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Referto City Attorney ATTACHMENTS: Description Type Claim by Ste� Lange Supporting Documentation Slmon vs. City of Dubuque, Dalsing Supporting Documentation E-FILED 2019 JUN 06 8:42 AM DUBUQUE- CLERK OF DISTRICT COURT � IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY ',I � �� ABIGAIL SIMON, No. � Plaintiff/Applicant, vs. Ii �I CITY OF DUBUQUE,IOWA and ORIGINAL NOTICE � POLICE CHIEF MARK DALSING,in his � �� individual capacity and official capacity, II ;I Defendants. � � � 1 �, TO THE ABOVE-NAMED DEFENDANT: POLICE CHIEF MARK DALSING a� j � ;i You are notified that a Petition at Law has been filed in the office of the clerk of this j•I � court naming you as the defendant in this action. A copy of the Petition is attached to this �'� notice. The attorneys for the plaintiff are Paige Fiedler and David Albrecht of Fiedler Law �''i Fi�m,P.L.C.,whose address is 8831 Windsor Parkway,Johnston,Iowa, 50131. Their phone �1 number is (515) 254-1999; facsimile number (515) 254-9923. !� � You must serve a motion or answe�within 20 days after service of this o�iginal notice � upon you and,within a reasonable time thereafter, file youx motion or answer with the Clerk of Court for Dubuque County. If you do not,judgment by default may be rendered against you ;j for the relief demanded in the petition. a If you require the assistance of auxiliary aids or services to participate in court because I�II �� t�i��_ �: i__ i� �� • ^r�^ �7� ��n o�� n irr_ V V�il, U1SilUlLLL�/�.Lrrl.rrl�UldLEly C2.11 yOUY U1SLI1Cl S]1JL�COV�lllrl'cILVY"cl,L (Jl`l> OJJ-JJJG `ll yOl.l.d.YE � hearing impaired, call Relay Iowa'1"I"Y at 1-800-735-2942). � � CLERK OF COURT � Dubuque County Courthouse � Dubuque,Iowa �1 � .w.,. �' <.�. � ��L � � � � � � z��` � � .� � - �. � �"�� 9 �� '� � � � � � � � � �"� ° :�- � � B � E-FILED 2019 JUN 07 12:10 PM DUBUQUE-CLERK OF DISTRICT COURT STATE OF IOWA JUDICIARY caSeNo. LACV109271 County Dubuque case rrie SIMON V CITY OF DUBUQUE ET AL �� { 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. i l � You must register through the lowa Judicial Branch website at htto://www.iowacourtsstate.ia.us/Efile and obtain a log in and I�4 password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. �� FOR GENERAL RULES AND WFORMATION ON ELECTRONIC FILING,REFER TO THE IOWA COURT RULES CHAPTER � 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: I http://www.iowacourts.state.i'a.us/Efile � � FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILWGS,REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16:http://www.iowacourts.state.ia.us/Efile Scheduled Heanng: � � I � � i 'I� �I� � �3 i If you raquire the assistanca of auxiliary aids or servicas to participate in court because of a disability,immediately call your district I� ADA coordinator at (319)833-3332 . (If you are hearing impaired,call Relay lowa TTY at 1-800-735-2942.) � Date Issued 06/07/2019 12:10:06 PM � �,,,,�.��,,�;»}",t�.�� , n„= I ,� ,. � , ; � �: �_,� �:, � � �a.: a .~ �u:;; � :. � , ��k,._= ��` : � District Clerk of Dubuque County /s/ Kati Ernst � E-FILED 2019 JUN 04 12:26 PM DUBUQUE-CLERK OF DISTRICT COURT � IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY � � i� ABIGAIL SIMON, No. '� �Plaintiff/Applicant, ,� i� vs. '� 7 CITY OF DUBUQUE, IOWA and PETITION and JURY DEMAND � POLICE CHIEF MARK DALSING,in his individual capacitp and official capacitp, ;� Defendants. II � �I COMES NOW the Plaintiff,Abigail Simon,and for he�cause of acrion herebp states the ;I i following: � � INTRODUCTION III 1. This is an em lo ment discrimination action challen n Defendants'sex 'i p Y � g � �� discrimination,harassment,and retaliation against Plaintiff in violation of the Iowa Civil Rights Act. ; 2. Plaintiff Abigail Simon is a resident of Dubuque County,Iowa. 3. Defendant City of Dubuque is a municipal co�poration within Dubuque Countp, j i Iowa. li , 4. Defendant Ma�k Dalsing is a resident of Dubuque County,Iowa. � � FACTUAL BACKGROUND � 5. Plaintiff Abigail Simon is a female,protected by Iowa law from the disc�iminatory � practices of her employer. � 6. In 1997,Defendant City of Dubuque and Police Chief John Mauss hired Simon as a police office�. 7. On December 1,2000, Kitn Wadding became Chief of Police for the City of � Dubuque. 1 E-FILED 2019 JUN 04 12:26 PM DUBUQUE-CLERK OF DISTRICT COURT 8. In 2007,Defendant City of Dubuque and Chief Wadding promoted Simon to Corporal. 9. In 2009,Defendant City of Dubuque and Chief Wadding promoted Simon to Lieutenant. 10. On Feb�ua�y 1,2010,Mark Dalsing was promoted to Chief of Pofice for the City of ' � i Dubuque. ' � � 11. In March 2010,Defendants promoted J1m Lembke to Captain, and he became �j i � Simon's supervisor on Patrol. il 12. Simon expressed concern to Chief Dalsing about Captain Lembke's discriminatory � :I and abusive treatment of officers. � ',i 13. Simon also told Chief Dalsing that Captain Lembke treated Simon he�self differendy � than her male coworkers, citing several specific examples. 14. �Xlhile Simon was making her complaint of sex discrimination, Chief Dalsing pulled out clippers and began grooming his fingernails. '� 15. Defendants took no action to invesrigate Simon's complaint or remedy the discrimination. � � 16. In 2010,Lieutenant Neil Weiss told Simon that he told Captain Lembke "not to fuck � � with [Simon] because she was one of the good ones." � 17. From 2010 unti12018, Simon was a supe�visor in the Criminal Investigation Divlsion � (CID). She was the first female supervisor in CID. � � 18. Each of the eight men who held this position before Simon was promoted to Captain or Assistant Chief,after serving as CID superviso�for fewer years than Simon. 19. Simon earned consistendy positive performance evaluations from Captain Scott I� Engleman, her direct supervisor. � 2 � � � � � � E-FILED 2019 JUN 04 12:26 PM DUBUQUE-CLERK OF DISTRICT COURT 20. In Ju1y 2010 Chief Dalsing told Simon that Captain Lembke�eferred to her as "a I , '� Mother Hen. a ;; a � 21. On January 3,2012,Lieutenant Steve Olson provided feedback to Captain Jeremy � I Jensen about who should be named Patrol Investigator. Lieutenant Olson expressed reservations II about promoting female candidates because they had small children at home or babies on the way. � � He did not say a word of concern about the family�esponsibilities of inen who were in the verp j� �' I same situation. ;; � 22. In appro�mately the spYing of 2012,a female police officer was out on medical � li leave. Captain Lembke googled the doctor named on her leave paperwo�k,then announced at a Full '�'� ;'� Management Team meeting that the officer was out getting a "boob job." Comments had 'I � previously been made about this female officer's sexual histoYy and prescription medications. '�i; I, 23. In August 2013, Captain Lembke bypassed Simon and her supervisor and went �' ii straight to Assistant Chief Ter�y Tobin to c�iticize Simon about a call she was overseeing. Simon �l met with Tobin and explained the call. Tobin apologized, explaining that he been given inaccurate � information. tiI I 24. When Captain Lembke had issues with male officers,he followed the chain of f d �j command. � 0 � 25. In March 2014,at Chief Dalsing's direction, Simon met with female officers to � � discuss wo�kplace issues unique to females,including firea�ms issues, defensive tactics, � pregnancp/light duty,and the struggle to advance within the Department. 26. Captain Lembke derided Simon's efforts and spread rumors that the female officers were "getting together to plan their pregnancies." 27. When Simon reported Captain Lembke's conduct, Chief Dalsing laughed. � 28. Female officers were hesitant to continue meeting due to negative comments they � were hearing from supervisors. � � 3 E-FILED 2019 JUN 04 12:26 PM DUBUQUE-CLERK OF DISTRICT COURT ' 29. In November 2014,a male Co�poral told Simon, "we have no competent females on i i� our department." Simon addressed the comment with the Corporal and reported it to Captain � Engleman. In 2018, Chief Dalsing promoted the Corporal to Lieutenant a position that required � ,� him to supervise feinale officers. �� 30. In 2015, during a meeting in Simon's p�esence, Chief Dalsing stated, "All women are I�� crazy." 31. In Decembe�2015, during a Full Management Team discussion about a male officer � { who had resigned, Chief Dalsing called the officer a"pussy." �� ; i 32. Defendants provided towels to male officers in the men's locker room—but not to � female officers in the women's locker room. �i � ':i 33. During firearms training in May 2016,a female officer needed a break to pump ; i , breast milk. The male instructor made�ude comments to her in front of everyone about how thep II � ii �� "didn't have time for this." The female officer was extremely embarrassed. i � u 34. On May 20, 2016,Simon reported the male instructor's comment to Chief Dalsing ,� i and to the instructor's supervisor. � 35. This same female officer was targeted during another training session for the Tactical i 6 k team and Mobile Field Force team. The female officer was knocked to the ground and could not � d get back up due to the bulkiness and weight of her gear. Several of the male afficers were laughing ° and"fucking with her"because"she looked like a turde on its back." � 36. In June 2016, there was a vacancy for a Captain position. � 37. At that point, Simon had been a supervisor for seven years. Her past experience as a Pat�ol Lieutenant and CID supervisor pYovided excellent preparat'ton for the�ole of Patrol Captain. � 38. Simon was ranked#1 on the Captain's list. � 39. Simon earned the highest interview sco�e of all the candidates. 40. Simon earned the highest exam score of all the candidates. 4 � � E-FILED 2019 JUN 04 12:26 PM DUBUQUE-CLERK OF DISTRICT COURT + � i� 41. In fact, Simon's exam score was one of the highest,if not the highest,any candidate � for any position had ever earned throughout the history of the Dubuque Police Department. � , ii 42. Unlike some of the other candidates,Simon had no disciplinary issues and she was � � actively involved in the Department as well as in the community. � 43. Captain Engleman was very supportive of Simon's promotion to Captain. !I I 44. After confirming that candidates for the position would not be discussed at the '{� l 3 Senior Management Team meeting on June 22,2016, Captain Engleman took the da�off. Chief � � Dalsing then opted to discuss the candidates on June 22,2016. ; `I � 45. This put Simon at a disadvantage because her supe�visor was not there to advocate 'I :I for her. Du�ing the meeting, Captain Lembke told the others that Simon was "difficult to work 'i ;i :� !i with" and questioned what,if anything, Simon did for the Department. ;� !I 46. Simon met with Chief Dalsing about the promotion. ' 47. Chief Dalsing warned Simon that the Captain would always need to be available and � � brought up that Simon's daughter sometimes had dance comperirions on weekends. He did not ,� a mention the similar family obligations of male candidates. � � 48. Simon pointed out that she had been on call for the last seven years and never once a j � had she failed to be available because of heY daughter's dance competitions or for an�r other reason. � 9 49. Chief Dalsing then stressed that unsuccessful candidates would need to "respond � � appropriately" after they weYe passed over. ' 50. Chief Dalsin has alwa s romoted the candidate ranked#1 on the civil service list � g Y 1' � unless there was a good reason to deviate from the list. 51. Chief Dalsing had no reason to deviate from this list. � � 52. Nevertheless, Chief Dalsing passed over Simon and promoted Steve Radloff,a male � � who was ranked#3 on the list. � E � � 5 � 9 � � � E-FILED 2019 JUN 04 12:26 PM DUBUQUE -CLERK OF DISTRICT COURT 53. In Septembe�2016, Captain Lembke once again bypassed Simon's supervisor to make a false claim about her directly to Chief Dalsing. � �, 54. Captain Lembke reported that Simon failed to come in for a shooring and insisted � there was only one Lieutenant wo�king that night. In fact,there were three Lieutenants on duty and � � Simon had fulfilled heY responsibilities as a supervisor. 55. Two weeks before this, Captain Engleman oversaw a shooting that was more 'i� complex and time consunvng. He fulfilled his �esponsibilities as a supervisor like Simon did— '� without physically coming in; however, Captain Lembke did not complain to the Chief about '�� Engleman. 'I i� � 56. When Chief Dalsing spoke with Captain Engleman about Captain Lembke's ;j �,accusation,Engleman advised the Chief that Lembke was "fucking with her career." � � 57. Simon also spoke di�ectly with Chief Dalsing about Captain Lembke,but Dalsing � , igno�ed her concerns. � s � 58. Chief Dalsing told Simon"not to get caught up in the drama" and assured her there � was nothing about her performance that she needed to improve. i 59. Officer Tom Pregler,who is friends with Captain Lembke,would often say the�e are 9 "pink jobs" for women and "blue jobs" for men; and that law enforcement is a "blue job." 60. In November 2016, Simon attended a City Diversity Summit and shared a table with � other members of the Police Department management team. Rather than listening to the speakers, � Chief Dalsing played on his phone, checked emails, and reviewed Facebook. � 61. In 2017, a male officer went to Lieutenant Steve Olson,inquiring about an opening for a firearms instructor. Olson provided him information and followed up a few days later, � encouraging the officer to apply. A female officer also asked Olson about the opening. Olson was ; condescending and asked the female officer if she could even shoot. Given Olson's attitude,the female officer was discouraged from applying for the position. 6 � a � � E-FILED 2019 JUN 04 12:26 PM DUBUQUE -CLERK OF DISTRICT COURT � �1 � , 62. When Chief Dalsing applied for the Assistant City Manager position in August 2017, � ? �, he said he had little chance of success because of his status as a white male. i � 63. In October 2017, Simon applied for the position of Assistant Police Chief. ' i �; 64. During the inte�view, Chief Dalsing said that he needed an Assistant Chief who '� � � would be b�utally honest with him,and he asked he�to be honest with him about the Department. ; :i ; 65. Simon told him that the Senior Management Team was made up entirely of middle li `i aged,white,married men; that they could not always relate to members of the public who don't ;� '�I share those characte�istics, and that some officers in the Department felt like they did not have a �i ':i voice. ,�i 66. On November 7,2017, Simon attended a City Diversity Sutniiut and shared a table ;i � with other members of the Police Department management team. Once again, Chief Dalsing � played on his phone, checked emails,and reviewed Facebook rather than pa�ricipating or listening to � ,� �, the speakers � h n 67. Assistant Chief Tobin and Captain Lembke mentioned how they needed to "stay � r clear" of the training on becoming aware of one's own hidden bias that was led by an African- !� ; American woman. � �� N 68. The men complained about"not getting anything out of the conference." However, � � du�ing times they we�e supposed to be discussing topics related to discrimination, they talked about � 1 football, and Chief Dalsing made crude jokes about"midget po�n," and"midget tossing." � i 69. Simon's 18-pear-old daughteY has height-pituitary dwarfism caused by chemothe�apy she underwent fo�a brain tumoY when she was four years old. 70. Most of the male supervisors left the conference early,which made it easie� for s Simon and the t��o othe�superviso�s left at the table to engage in relevant discussions, as directed by � the conference leaders. � 7 � � � I E-FILED 2019 JUN 04 12:26 PM DUBUQUE-CLERK OF DISTRICT COURT i 71. For example, Simon talked about the need for diversity within the Police Depa�tment , and expressed concern among her colleagues that a particular female officer was being held to I' different standards than a sinvlarly situated male officer. 72. Captain Lembke later told others within the Departrnent that Simon's statements at '� the Diversity Sumrrut were inappropriate, disloyal, and underinined the Senior Management Team. , 73. On November 17,2017, Simon reported Captain Lembke's inappropriate and lil misleading criticisms about her to Chief Dalsing,who responded that was just"Jim being Jisn." III 74. Simon said she would no longer accept that as an answer and that the behavior of ', him and others at the Diversity Surntnit was unacceptable. When Simon mentioned the "midget I�� porn" and "midget tossing" discussion, Chief Dalsing smi�ked. 75. Simon told Chief Dalsing she was being discriminated against because she is female I and cited as examples Captain Lembke's actions over the last several pears. Dalsing insisted, "He's ' not like that." 76. After meeting with the Chief, Simon iinmediately emailed Dubuque Human Rights Director Kelly Larson and met with her later that afternoon. 77. Simon explained the discriminato�y treatment she had been experiencing over the ' last several yea�s under Chief Dalsing's command. , 78. Director Larson said Simon would not believe how many other female City I employees had come to her complaining about sex discrimination. I 79. Simon seriously considered making a formal complaint at that time but knew there i would be another Captain's job opening in the near future, and she was af�aid of retaliat'ton. I' 80. Simon also believed that when she was p�omoted to Captain, she could be more of a II change agent and help others within the Department who were not straight white males. I'I 8 I i � E-FILED 2019 JUN 04 12:26 PM DUBUQUE-CLERK OF DISTRICT COURT ' tl , � '� ; 81. Captain Jeremy Jensen late�apologized to Simon for Captain Jim Lembke's i � � , continued efforts to undermine her career,noting that he and other supervisors "are finally seeing �;, � i the nasriness of Jim." fi ii 82. On November 20,2017,Directo�Larson sent an email to Simon and several other i � female leaders in the City,including the City Attorneys and Assistant City Manager, advising that i y ii ; they were receiving this email because "at one point or another you have spoken to me about the � I culture of our organization and ways that it is less than equitable and inclusive. Some of these I 4 conversations have involved concerns that,if unaddressed, could Yise to the level of sex I i disc�imination claims." �il, s �� iii 83. Also in November 2017, Captain Jeremy Jensen approached Simon. He said he had � �y been at training with a newer office�who "identified strongly as a female,"which made him think of �I, i Simon. Jensen said he was looking to mentor a newer,youngeY Lieutenant,like Simon,to help her ;'i II advance within the Department. Ij �� 84. Simon was not a "newer,younger Lieutenant." At that time,Simon's experience and � � expertise were comparable to Jensen's. She was only three years younger than him and had been a I�� '�I Lieutenant for eight years. � 85. Simon was still#1 on the Captain's list. Captain Jensen supported her promotion at � ii the Senior Management Team Meeting. � N 86. Afte�that meering, Captain Lembke texted Captain Engleman about Captain Jensen's � support of Simon, saying, "JJ sold his soul." 87. Captain Engleman seemed certain that Simon would finally be promoted. On December 3,2017, Simon supervised a homicide investigation from 11 p.m. to 7:30 p.m. (over 20 hours straight). Captain Engleman kept calling her"Captain." He had he� sit at the end of the table � and run briefings. He said this was going to be her last big case as a Lieutenant. He said Simon would soon be sitting at the table in Senior Management Team meetings. 9 � E-FILED 2019 JUN 04 12:26 PM DUBUQUE-CLERK OF DISTRICT COURT ;I 88. Captain Engleman at one time told Simon, "Knowing Lembke,he probably doesn't � � like you because you're a female and a supervisor." il u 89. During a Full Management Team meeting on December 13, 2017, Chief Dalsing V V '� mentioned two new Dubuque City Council members. He said, "The guy seems fine,but the girl � ;� probably sits at home wearing her pink pussy hat screaming at Trump on TV." `� 'I G 1 90. Chief Dalsing was referring to Dubuque City Council member Kate Larson. '�� ;� 91. Appro�mately an hour later, right after the meeting, Chief Dalsing called Simon to J � �, say he had promoted Sco�t Baxter to Captain ins�ead of her. 92. Scott Baxter was ranked#6 on the list. �I % 93. Defendants had previously disciplined Scott Baxter for racist behavior,including ii ;j documenting on one evening on patrol that he was observing"TNA," or"typical nigger activity." � I� 94. Shortly after Baxter's promotion was announced,Assistant Chief Je�emy Jensen � 5 came to speak to Simon. He said he and Chief Dalsing had been talking and they wanted some �� u advice from Simon about what they could do to get more female officers p�omoted. ji � 95. In addition to their recent rejections of Simon's application for promotion, Defendants had also recently failed to promote two other female officers who were better qualified �u u than the white males who were chosen instead. N �' 96. In fact, at this point since becoming Chief,Dalsing had promoted 22 white males � and just one female. � 97. Defendants' obliviousness to their own blatant bias compelled Simon to take more direct act'ton. On December 20,2017, Simon made a formal,written complaint of sex discrimination to Chief Dalsing. 98. On December 22,2017, Simon met with City Manager Mike Van Mil_ligan, Citp i Attorney Crenna Brumwell, and City Personnel Manager Randy Peck to discuss her complaint. 10 � � � � I E-FILED 2019 JUN 04 12:26 PM DUBUQUE-CLERK OF DISTRICT COURT i ; i 99. On January 18,2018, Simon Yeceived a letter from Van Milligan, stating he believed � Chief Dalsing acted appropriately,but that the City and Police Department would be taking steps to � address Simon's concerns about the sexist organizational culture. i 100. Simon asked that someone from the.City talk with Captain Lembke about his ; behavior,but Van Milligan said he was going to let Chief Dalsing handle it. 101. Mike Van Milligan asked Simon whether she had thought about the long-term ; conse uences if she sued the ci . q �' 102. Van Mil�igan also stated that the Police Department would be adding a new Captain's ; position in February, and if the City Council approved it, Chief Dalsing intended to promote Simon. j 103. On January 22,2018, Simon met with Chief Dalsing and Assistant Chief Jensen. � She was iii�mediately met with hostility from Dalsing. ', 104. When Simon asked what was going to be done about Captain Lembke's behavior, � Chief Dalsing responded oddly, stating, "All the details will come out. Everything you said, all the ' � f details will come out." , 105. Just eight days later, on January 30,2018, Chief Dalsing emailed a"Confidential `' Personnel Memo" to the entire Full Management Team,the Records Supervisor, and two secretaries. i 106. The memo revealed that Simon had made complaints of sex disc�iinination; that � Chief Dalsing was being forced to promote Simon to Captain because of those complaints; that he � i did not think Simon deserved the promorion;that the position being created was not even needed; � � and that he believed it was wrong to spend money on a new Captain when other City departments � needed more resources in their budgets. E 107. In his memo, Chief Dalsing also expressed concern about setting a precedent which in the futu�e would require the City to p�omote all female and mino�ity candidates. He made it clear � � I he was worried that if Simon's peers treated her in a businesslike,professional manner; she would � i feel like she was getting the cold shoulder and complain about a continuing hostile workplace. � t � 11 � � � � E-FILED 2019 JUN 04 12:26 PM DUBUQUE-CLERK OF DISTRICT COURT � � Finally,Dalsing fretted that if he eve�disciplined Simon or gave her a negative evaluarion, she would � cry retaliation. � i 108. Adding insult to injury, Chief Dalsing's memo�eferred to other officers by their � ,� rank,but referred to Lieutenant Simon as "Abby." � 109. Chief Dalsing's wide dissemination of the "Confidential Personnel Memo" decimated Simon's career. ;I 'I 110. After seeing the email,Simon went to Chief Dalsing's office and confronted him. ;� He claimed he sent it to ever one b accident and that he was tr in to retract it. � Y Y Y g 111. Chief Dalsing late�told Simon that"si_Y or seven" people had opened the email � � before it was re�racted. �� , � 1 112. Chief Dalsing also admitted discussing the substance of the memo with the Senior ij y ,; Management Team. � � 113. Chief Dalsing repeated Captain Lemke's accusations that Simon had inappropriately �i criticized the Senior Management Team at the City Diversity Suiziinit. ' I �l 114. Because Simon's confidential complaint of sex discrimination was shared with �� officers who were friends with Captain Lembke and Chief Dalsing,it didn't take long until the entire 'h Department knew �� 115. Officer Tom Pregler told female officers confidential information from Simon's q s complaint and asked, "How does that make you ladies feel?" � 116. Due to the p�omotions of Assistant Chief and Captains, there were new openings � foY Lieutenant and Corporal. The#1 candidate on both lists were male officers, and both were promoted fi�st. 117. Throughout this time frame,Defendants continued treating Simon diffe�ently than � her male counterparts. On January 16,2018, CID was assisting Patrol regarding a stabbing. Simon communicated with Captain Lembke about what her investigators were doing,but he refused to 12 �{ I i i i E-FILED 2019 JUN 04 12:26 PM DUBUQUE-CLERK OF DISTRICT COURT i communicate with her. Instead,he went th�ough Captain Engleman even though Engleman was not even in CID when the call went out. 118. On January 24,2018, Captain Lemke approached Simon, staring her down,as she ! stood talking to Lieutenant Brendan Welsh. As Simon continued to try and converse with Welsh, ', '� Lemke put his body in between them with his back toward Simon and asked Welsh if he needed anything. I'i 119. In Februa�y 2018,after a female officer received a special assignment,a male � coworker told he� she got the assignment"only because they needed a female." Other office�s told I�,, heY and other females that they received favo�able assigliinent only because Simon had complained �I about sex discrimination. ' 120. In February 2018,Assistant Chief Jensen emailed all supervisors looking for II volunteers to attend a City workshop promoting equity and inclusion. Simon was the only one who '� agreed to attend. ' 121. The training covered issues that Sixnon had repeatedly tried to address with Chief �' Dalsing and would have been beneficial to other supervisors,pa�ticularly Captain Lembke. I 122. Chief Dalsing did not mandate Captain Lembke or any other supervisors attend. ', 123. On Apri16, 2018, a female office�advised Simon that the "good ole boys" I� atmosphere under Chief Dalsing was wo�se than under the two previous Chiefs. ', 124. In fact,under Chief Dalsing's leadership,women in the Dubuque Police Depa�tment I, faced greater ba�riers because of their gender than they had experienced in the late 1990s or early I�, 2000s. �I 125. During an April 19,2018,meeting, Simon talked with Assistant Chief Jensen, II' Human Rights Director Kelly Larson, City Attorney Crenna Brumwell and Human Rights employee II Taj Suleyman about the kinds of problems that female police office�s were having and how they �II 13 �I � I E-FILED 2019 JUN 04 12:26 PM DUBUQUE-CLERK OF DISTRICT COURT were often t�eated unfairly. At the end of the meeting,Director Larson told Jensen "It's going to be up to you JJ [Assistant Chief Jensen] as I don't think Mark [Chief Dalsing] can be objective." 126. On A ril 27 2018 a female officer told Simon that even thou h she was 1 on the � p , , g # hiring list,male officers told her the only reason she was hired was because she was female. 127. On May 3,2018,a female officer told Simon that Captain Lembke called her out on a minor policy violation even though male officers and Lieutenants on his shift commonly chewed I�� tobacco on the job and inside the Dubuque Law Enforcement Center,without consequence,even jj � though that also violated policy. 1 128. On May 3,2018,a female officer commented, "it is difficult for females to be �j � promoted in our Department." j , I 129. The City has lost several talented female police officers who resigned from the � Department under Chief Dalsing. 130. One of them referred to the Dubuque Police Department as the "Penis Palace." 131. This female officer had been referred to Simon before she resigned because she had expressed concern about her career. She observed that female office�s have to work twice as ha�d � only to get passed over for promotions. � 132. This female officer—a single mother—�esigned after Defendants decided to switch � her to the night shift zvhile she on�naternity leave. 133. This female officer had previously filed a sexual harassment complaint she believed � the Department did not take seriously. � 134. This female officer refer�ed to Captain Lembke as "the biggest bully." 135. At various times in May 2018,three different police officers,including two superviso�s,indicated that Simon was the subject of a lot of negative comments and hostility within � the Department. � 14 � � E-FILED 2019 JUN 04 12:26 PM DUBUQUE-CLERK OF DISTRICT COURT � 136. Promotional lists weYe hanging in the main hallway. The names of officers who had i � been promoted had little dots next to them,indicating they were no longer on the list. On the '�� il Captain's list, Simon's name was crossed out. Among all the promotional lists, Simon's name was the �a t � only one completely crossed out. '{ ;{ � 137. A memo f�om May 1,2018 announcing Simon's promotion was also posted. It !� stated, "Abby Simon has been selected to become the next Police Captain to fill the newly created I, Captain position." Someone underlined the word"selected,"presumably indicating he did not believe Simon had earned her p�omotion. '. I; 138. In June 2018,a recently retired officer was in CID. When he saw Simon,he said, ;� ii "I'd better watch what I say or Abby's going to file a complaint on me, too." ;�i 139. In June 2018, two female officers complained about being harassed by Captain !, Lembke. il 140. On June 22,2018,Simon overheard a conversation in which a new male Lieutenant �� was shown how he could use the City security cameras by the Riverwalk to watch women doing yoga �� in the mornings. ;�� 141. Ju1y 1,2018 was Simon's fi�st night on Patrol as a Captain. Someone had redone the � � � names on all the mailboxes in the Commanders office and added a newly promoted Lieutenant's Ij !� name,as well as a Captain who had returned to Patrol f�om a specialtp unit. The name on Simon's � � mailbox was left blank and was the only mailbox without a name. � 142. The disrespect that some members of senior management showed Simon undermined her authority within the Department. 143. On September 19,2018, Simon came to the Law Enforcement Center to be fitted for a new ballistic vest,but Lieutenant Steve Olson had sent the company representative home ea�ly. � � When Simon attempted to speak with Olson about the issue,he became angry,was dis�espectful, and got in her face. 15 E-FILED 2019 JUN 04 12:26 PM DUBUQUE-CLERK OF DISTRICT COURT 144. In May 2017,Defendants hired Captain Lembke's son as a police officer. Once Simon began working patrol again,Lembke's son was under her supervision, and Lembke continually interfered with the addirional training his son required. 145. On September 27, 2018,Simon met with City Manager Mike Van Milligan and Citp Attorney Crenna Brumwell once again to protest the discrimination,harassment,and�etaliation she and other female officers continued to battle. 146. Defendants took no action to investigate Simon's complaint or remedy the discrimination,ha�assment, and retaliation. 147. On October 5,2018,Plaintiff filed charges of employment discrimination against Defendants with the Iowa Civil Rights Comrnission and the Equal Employment Opportunity Coi�.mission. 148. Chief Dalsing,his wife,and several othe�city employees responded by"defriending" or"blocking" Simon on Facebook. 149. On October 8,2018, Chief Dalsing admitted he knew about some of the retaliarion Simon was suffering. 150. After her promorion to Captain, Simon was supposed to receive a performance evaluarion each month for siY months. Defendants gave her the first three evaluations all at once on October 2,2018. After the civil rights complaint was filed,Defendants failed to pro�ride her with any additional evaluations. 151. Simon had been included on the panel to interview employment applicants every yea� since 2004. After she filed her civil rights complaint, she was excluded from the panel. 152. On October 28, 2018, a retired female supervisor advised Simon that when she worked with Captain Lembke she had "faced his scorn" and that"his mentality would fit in with the 70's when she was hired." 16 � �� E-FILED 2019 JUN 04 12:26 PM DUBUQUE-CLERK OF DISTRICT COURT � , � � i 153. The retired female supervisor also advised that Captain Lembke had been talkiiig � negatively about Simon. � 7 154. On November 15,2018,a female dispatch supervisor reported to Simon that a white �I � 1 male police officer referred to a particular African-American citizen of Dubuque as "Magilla the � Gorilla,"' and stated that"all black people look like monkeys or gorillas." � J 155. Simon�eported the racist statement up the chain of command,but Defendants ! decided the dispatcher's report was "unfounded." ,; ,� �� 156. Simon questioned the unfounded status and was told the incident was "blown out of ' 'i , proportion." 157. On Februa�y 11,2019,a female officer submitted a letter of interest to Lieutenant ; ,� ii Steve Olson to be a defensive tactics instructor. The female officer referenced her training in martial '� 1 � arts and her pre��ious attendance in a defensive tactics course designed to help female officers i overcome size differences. A less qualified male officer was chosen. � j� �� ;i 1 Magilla the Gorilla was a character in a Hanna-Barbera cartoon that aired from 1964 to 1966. https://en.wikipedia.or�/wiki/Magilla Gorilla ;; 0 '' 'I��'IV I � ,�,��,�, � � � � , y ^i � v{ r° � �� ` ."�,�i .�.s6�=i 9 � �@� i � �p 4 � � � 17 � E-FILED 2019 JUN 04 12:26 PM DUBUQUE- CLERK OF DISTRICT COURT 158. Male officers and superviso�s have made inappropriate comments about this female � officer and her personal relationship. � '� 159. Defendant City of Dubuque failed to revise or update its sexual harassment policy j , � � from September 12, 1991,until May 3,2019,a period of 27peafs. :� , � � 160. Defendant City of Dubuque failed to mandate training for supervisors in the Police � Department on the illegality of sexual harassment, discrimination or retaliation until February 2019. 'j 161. As time went on, Simon was more and more isolated within the Police Department. � � � Her physical and mental health deteriorated,and it became increasingly clear that Defendants were ,� , 'ii looking for additional ways to undermine her and hang her out to drp. ;; ,1 162. As a result of inental health conditions caused by Defendants, Simon went on i ; FML�l leave beginning March 12,2019. i :; 163. On appso�mately March 27,2019,less than 90 days prior to the filing of this '3� Petition,the Iowa Civil Rights Coi��inission issued a Right to Sue letter with respect to Plaintiff's � a charges against Defendants. � n 164. Mark Dalsing was an employee and agent of Defendant Citp of Dubuque,acting at � all material times in the sco e of his em lo ment and a enc . � P p Y g Y � 165. Jim Lembke was an employee and agent of Defendant City of Dubuque,acting at all material times in the sco e of his em lo ment and a enc . P p Y g Y �� 166. Steve Olson was an employee and agent of Defendant City of Dubuque,acting at all � � � material times in the scope of his employment and agency. � 167. Jeremp Jensen was an emplopee and agent of Defendant City of Dubuque,acting at all material times in the scope of his employment and agency. 168. M'tke Van Milligan was an employee and agent of Defendant City of Dubuque, � acting at all material times in the scope of his employment and agency. 18 r E-FILED 2019 JUN 04 12:26 PM DUBUQUE-CLERK OF DISTRICT COURT il � 169. Crenna Brumwell was an employee and agent of Defendant Citp of Dubuque, acting � 1 at all material times in the scope of her employment and agency. � � !i 170. Randy Peck was an employee and agent of Defendant Citp of Dubuque, acting at all (� ; material times in the scope of his employment and agency. '1 171. Kelly Larson was an employee and agent of Defendant City of Dubuque,acting at all material times in the scope of he�employment and agency. 172. Neil Weiss was an employee and agent of Defendant City of Dubuque, acring at all � I material times in the scope of his employment and agency. �i� F� 173. Tom Pregler was an employee and agent of Defendant City of Dubuque,acting at all ��' �� material times in the scope of his employment and agency. i; ,� �i 174. Brendan Welsh was an employee and agent of Defendant City of Dubuque,acting at �I Ilall material times in the scope of his employment and agency. , � 175. Scott Engleman was an employee and agent of Defendant City of Dubuque, acting � � at all material times in the scope of his employment and agency. a COUNTI VIOLATION OF THE IOWA CIVIL RIGHTS ACT SEX DISCRIMINATION, SEXUAL HARASSMENT,AND RETALIATION 176. Plaintiff repleads paragraphs 1 through 175 as if fully set forth herein. � � 177. Defendants subjected Plaintiff to discrimination and ha�assment. � � 178. Gender was a motivating factor in the harassment and discrimination. � 179. Plaintiff complained to Defendants,the Iowa Civil Rights Comrnission,and the Equal Employment Opportunity Comtz�ission about ha�assment, sex discrimination,race disc�imination, and retaliation and otherwise opposed pracrices made unlawful by the Iowa Civil Rights Act. � 180. Defendants retaliated against Plaintiff. i 181. Plaintiff's protected activity was a motivating factor in the retaliation against her. 19 � � � � q E-FILED 2019 JUN 04 12:26 PM DUBUQUE-CLERK OF DISTRICT COURT 1 182. As a result of Defendants' acts and omissions,Plaintiff has in the past and will in the '� futu�e suffer injuries and damages inclucling, but not limited to,mental and emotional distress, fea�, an uish hui�v_liation stress feelin s of betra al intimidation an er ho elessness, embarrassment, !� g > > > g y , � g � p �� lost enjoyment of life,lost wages, employment benefits, and medical expenses. l WHEREFORE,Plaintiff demands judgment against Defendants,jointly and severally,in an amount which will fully and fai�ly compensate her for her injuries and damages, for p�ejudgment and postjudgment interest, for attorney fees and expenses, for the costs of this action, for appropriate � � equitable and injunctive relief,and for such other Yelief as may be just in the ci�cumstances and � consistent with the purpose of the Iowa Civil Rights Act. �;�� i 6 i JLTRX DElO�ANI2 I�;; 'i COMES NOW the Plaintiff and requests a trial by jury. 'ii �I I# �I ____ /.r/Paige Fiedler FIEDLER LAW FIRM,P.L.C. ! Paige Fiedler AT0002496 �aige(q�em�lovmendawiowa.com David Albrecht AT0012635 david(a��lo�mentlawiowa.com uzs3i Windsor i ari�way � Johnston,IA 50131 Telephone: (515) 254-1999 � Fax: (515) 254-9923 � REYNOLDS AND KF,NLINE,L.L.P. Todd Klapatauskas AT0004288 kla�astauskas nae,rkenline.com Natalia Blaskovich AT000901 blaskovichn,rkenline.com Sam Wooden AT00012854 woodenna,rkenline.com 110 East 9�'St. � Dubuque,IA 52001 � Telephone: (563) 556-8000 � Fax: (563) 556-8009 ATTORNEYS FOR PLAINTIFF 20