9:12-cv CWH-BM Date Filed 09/18/12 Entry Number 1 Page 1 of 10 BEAUFORT DIVISION

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1 9:12-cv CWH-BM Date Filed 09/18/12 Entry Number 1 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION Antonia DeNicola, CIVIL ACTION NO. Plaintiff, v. Town of Ridgeland, South Carolina, and Ridgeland Police Department, COMPLAINT (JURY TRIAL DEMANDED) Defendants. The Plaintiff, Antonia DeNicola, complaining of the Defendants herein, would allege as follows: 1. The Plaintiff is a resident and citizen of Beaufort County, South Carolina. 2. Defendant Town of Ridgeland is a South Carolina municipal corporation located in Jasper County, South Carolina. 3. Defendant Ridgeland Police Department is a department of the Town of Ridgeland. 4. At all times herein, Chief Richard Woods, Captain Frank Mador, and Officer Chris McIntosh were employees of Defendant Police Department acting in the course and scope of their employment. At all times herein, Richard Woods, Frank Mador, and Chris McIntosh, along with Penny Daley and Jason Taylor, were also employees of Defendant Town of Ridgeland, acting in the course and scope of their employment. Hence, the Beaufort, South Carolina Complaint.wpd

2 9:12-cv CWH-BM Date Filed 09/18/12 Entry Number 1 Page 2 of 10 Defendants are liable for the acts and omissions of these employees under the doctrine of respondeat superior. 5. This action arises out of events concerning the Plaintiff s employment with the Defendants, an employment that occurred in Jasper County, South Carolina. 6. This Court has federal question jurisdiction pursuant to 42 U.S.C.A and 1982; 42 U.S.C.A. 2000e-2(a)(1) (Sex Discrimination and Workplace Harassment) and Title VII, 42 U.S.C.A. 2000e-3 (Retaliatory Discharge and Treatment), and Civil Rights Act of 1964, 703 and 704. Venue in this district is proper as Defendants are governmental entities doing business in this district, and all relevant facts occurred in this district. 7. Plaintiff has exhausted all administrative remedies and conditions precedent for the maintenance of this action, all of which are more fully described below. 8. On or about October 31, 2011, as a result of the Defendants harassing, discriminatory and retaliatory conduct, all of which are more fully described below, Plaintiff filed a complaint with the South Carolina Human Affairs Commission (SCHAC) and the Equal Employment Opportunity Commission (EEOC) making a complaint of discrimination and harassment against the Defendants for injuries suffered by the Plaintiff. 9. On or about June 22, 2012, Plaintiff received a notice of right to sue from SCHAC regarding the Complaint described in paragraph 8 above, said notice is attached hereto as Exhibit A. Beaufort, South Carolina Complaint.wpd Page 2 of 10

3 9:12-cv CWH-BM Date Filed 09/18/12 Entry Number 1 Page 3 of On September 13, 2012, Plaintiff received a Notice of Right to Sue within 90 Days from the U.S. Department of Justice regarding the Complaint described in paragraph 8 above, said notice is attached hereto as Exhibit B. 11. Plaintiff has timely filed the foregoing action within 120 days of the date of the issuance of the notice of right to sue described in paragraph 9 above, and within 90 days of receipt of the Notice of Right to Sue described in paragraph 10 above. FACTUAL BACKGROUND 12. Beginning on September 12, 2005, Plaintiff was employed as a Victims Advocate with the Town of Ridgeland and the Ridgeland Police Department. In connection with this employment, she received numerous benefits, including the personal use of a car. She was also employed making additional money cleaning the offices of the Police Department after normal hours. She also maintained the accounts and check books for Police Department Drug Fund Accounts, in which there were deposited moneys seized from interstate highway arrests by the Ridgeland Police Department. 13. On March 23, 2010, Plaintiff was called into the office of Police Chief Richard Woods. He advised Plaintiff that from now on when he rang his bell he wanted Plaintiff to come. Plaintiff explained to him that, if he needed her in his office, he could use the phone extension. However he advised her that this is the way they do it down South and that he wanted it done that way. On several occasion he would ring the bell while he had visitors so everyone could laugh. Beaufort, South Carolina Complaint.wpd Page 3 of 10

4 9:12-cv CWH-BM Date Filed 09/18/12 Entry Number 1 Page 4 of On June 29, 2010, Plaintiff was told by Police Chief Richard Woods that he heard that Plaintiff cooked in the nude, and he asked if that was true. Plaintiff was insulted. As Plaintiff was leaving the office, Chief Woods stated that Plaintiff was still the best and was his old pony. 15. On September 14, 2010, Officer Chris McIntosh came into the Squad Room and, in the presence of the Plaintiff, stated that all women were. (This was reported by Plaintiff to Captain Mador.) 16. On November 17, 2010, while walking down the hall, Captain Frank Mador approached Plaintiff and said that he was having dreams about her. As Plaintiff was walking down the hallway Captain Mador stepped into Plaintiff and asked her to say the F word. He repeated this request several times then said, Come on just say. Plaintiff told him to step away and replied that she would not say that word. 17. On many occasions Chief Woods would refer to Plaintiff as his old pony in front of the other department employees and visitors. 18. On January 6, 2011, Plaintiff filed a Harassment Report with the Defendants concerning actions by Officer Christopher McIntosh. A copy of this complaint is attached hereto as Exhibit C and incorporated herein. This harassment complaint included the following allegations: a. That Plaintiff was verbally harassed and threatened by Officer/Investigator Christopher McIntosh while he was wearing his firearm. Beaufort, South Carolina Complaint.wpd Page 4 of 10

5 9:12-cv CWH-BM Date Filed 09/18/12 Entry Number 1 Page 5 of 10 b. That Officer McIntosh stepped directly in Plaintiff s face and screamed, God help you if you touch any Rule 5s. Officer McIntosh repeated this several times in Plaintiff s face. c. That Officer Mcintosh took papers out of Plaintiff s hands and replied, I am done with this. d. In a hallway Officer McIntosh said to Plaintiff, I am warning you to get the away from me. Officer McIntosh then advised Plaintiff that he had problems at home and he was not dealing with Plaintiff s. Officer McIntosh repeated this several times. e. Plaintiff immediately went to get the Captain, Chief and Lieutenant who were standing outside the back door. Plaintiff was extremely upset and crying because McIntosh came at her in a physically and verbally threatening way. f. Plaintiff immediately went to Human Resources and asked if she could file a harassment complaint regarding what just occurred. g. Plaintiff was asked to take a polygraph test to which she agreed. h. When the polygraph test was completed, Plaintiff was told by the examiner that she did very well. i. Plaintiff was never advised by anyone in the Town of Ridgeland what disciplinary actions were taken with Officer/Investigator Christopher McIntosh. Beaufort, South Carolina Complaint.wpd Page 5 of 10

6 9:12-cv CWH-BM Date Filed 09/18/12 Entry Number 1 Page 6 of On January 11, 2011, Captain Mador came into Plaintiff s office and removed all the check books for which she was responsible and advised her that he was taking them. At that point, Plaintiff asked if she was still handling those accounts and Mador advised Plaintiff that she was no longer handling any of the Drug Accounts. He offered no further explanation. 20. On January 21, 2011, Plaintiff was moved against her wishes to the Water Department. This was a demotion, and in retaliation for her report on Officer McIntosh. Plaintiff was replaced as the County s Victims Advocate by Officer Brian Dobbs who was approximately 35 years old and whose salary was higher than Plaintiff s. Mr. Dobbs was hired on June 17, 2006, and Plaintiff was hired on September 12, Plaintiff was a Certified Victim Service Provider for the State of South Carolina and Officer Dobbs was not. He was doing only half of Plaintiff s original job and got paid a higher salary. By being moved to the Water Department, Plaintiff lost over 5 hours weekly in overtime pay that she was making with the Police Department, approximately $ per week. 21. On January 19, 2011, Captain Mador advised Plaintiff that they no longer wanted Plaintiff to clean the offices. He paid Plaintiff her final check which was approximately $ The extra compensation from cleaning of the offices had been given to Plaintiff as part of an agreement to stay with the Department when she was offered a position with Hardeeville. This removal of the cleaning services lessened her earnings by $ per month. Beaufort, South Carolina Complaint.wpd Page 6 of 10

7 9:12-cv CWH-BM Date Filed 09/18/12 Entry Number 1 Page 7 of When Plaintiff was transferred to the Water Department she was not paid what the previous employee was paid which was $41, annually. Plaintiff was told by Jason Taylor that she would receive a raise because she would be losing her overtime from the Police Department. However, this raise never came. The total loss of wages per month was $ On January 24, 2011, Plaintiff submitted to City Manager Jason Taylor, at his request, the memo attached hereto as Exhibit D (which memo is incorrectly dated January 24, 2010), which outlines her income lost as a result of the retaliatory actions of the Town. Mr. Taylor said he would reinstate these earnings/income, but this never occurred. 24. After being transferred to the Water Department, Plaintiff became sick and was out of work on March 15, Two days later she was called in to Penny Daley s office with Jason Taylor and was written up for being out sick. Plaintiff was told that she could not take off the 15 th or 16 th of the month no matter what. Plaintiff explained that she was very sick and on pain medication, to which Penny replied, Sorry you will have to be here. This was contrary to the Town s sick leave policy. 25. As part of the retaliatory actions of the Defendants, and without explanation, Plaintiff had her department vehicle taken away. This vehicle was given to Plaintiff in an agreement with Chief Woods to stay with the Department after Hardeeville had offered Plaintiff a position making $10, more per year. All the other Department employees were given vehicles and allowed to take their vehicles home and use them for personal business. Beaufort, South Carolina Complaint.wpd Page 7 of 10

8 9:12-cv CWH-BM Date Filed 09/18/12 Entry Number 1 Page 8 of In early June 2011, Plaintiff had a broken toe and could not stand for long periods. Plaintiff was told that she would have someone else at the Water Department window to help her on the 15 th of the month because of this injury, however this did not occur. Plaintiff was in a soft cast and, because she was hopping back and forth, she sustained more damage to the heal of her foot. This caused Plaintiff to be put on crutches and out of work for one week. The Town did not compensate Plaintiff and she had to use her vacation time. Plaintiff is informed and believes this treatment was in retaliation for her earlier report of harassment. 27. On August 19, 2011, at approximately 3:15, Plaintiff was terminated from the Town of Ridgeland without explanation. Plaintiff believes this termination was in retaliation for her complaints, and in culmination of the harassment and discriminatory actions of the Town of Ridgeland which are outlined above. FOR A FIRST CAUSE OF ACTION (SEXUAL HARASSMENT AND SEXUAL DISCRIMINATION) 28. Each and every allegation set forth above is fully incorporated herein by reference. 29. Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-2(a)(1), prohibits discrimination against any individual with respect to her compensation, terms, conditions, or privileges of employment, because of such individual s...sex. Beaufort, South Carolina Complaint.wpd Page 8 of 10

9 9:12-cv CWH-BM Date Filed 09/18/12 Entry Number 1 Page 9 of A hostile work environment due to sexual harassment is discrimination based on sex. 31. Plaintiff was subject to conduct at the hands of the Defendants which was unwelcome and based upon the Plaintiff s sex. Such conduct was sufficiently severe or pervasive to alter the Plaintiff s conditions of employment and to create an abusive work environment. 32. By virtue of the acts and omissions of the Defendants, including but not limited to the acts and omissions set forth above, Defendants violated and breached Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-2(a)(1). 33. As a result thereof, Plaintiff is entitled to recover actual and compensatory damages, including but not limited to, lost wages, lost medical and other benefits, mental and emotional distress and loss of reputation, punitive damages and reasonable attorneys fees. FOR A SECOND CAUSE OF ACTION RETALIATION AND RETALIATORY DISCHARGE 34. Each and every allegation set forth above is fully incorporated herein by reference. 35. Title VII of the Civil Rights Act of 1964 expressly prohibits retaliation for complaints of sexual and other harassment U.S.C and 1982 further provide protection against retaliation. 37. Plaintiff made a complaint against her employer, the Defendants herein, on the basis of sexual and other harassment in the workplace. Beaufort, South Carolina Complaint.wpd Page 9 of 10

10 9:12-cv CWH-BM Date Filed 09/18/12 Entry Number 1 Page 10 of In retaliation, Defendants demoted Plaintiff s employment and otherwise adversely altered the conditions of her employment, and ultimately terminated her employment. 39. By virtue of the acts and omissions of the Defendants, including but not limited to the acts and omissions set forth above, Defendants breached and violated Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. 2000e-3, and 42 U.S.C.A and As a result thereof, Plaintiff is entitled to recover actual and compensatory damages, including but not limited to, lost wages, lost medical and other benefits, mental and emotional distress and loss of reputation, punitive damages and reasonable attorneys fees. WHEREFORE, Plaintiff prays for judgment against the Defendants for actual and punitive damages in an amount to be awarded by the Court and Jury, for the costs and reasonable attorneys fees in connection with this action, and for such other and further relief as this Court may deem just and proper. Beaufort, South Carolina Dated: September 18, 2012 By: /s/ WILLIAM B. HARVEY, III WILLIAM B. HARVEY, III Fed. I.D Post Office Box 1107 Beaufort, South Carolina telephone telefax Attorneys for Plaintiff Antonia DeNicola Beaufort, South Carolina Complaint.wpd Page 10 of 10