Drummond Fed Compl -DA
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
JONATHAN DRUMMONDPlaintiff,
V.
Civil Action:
Jury Trial demanded
LARRY CHISOLM, individually and
In his Official Capacity as the District
Attorney for Chatham County, GeorgiaV 4 1 1 -1 9 4COMPLAINT
This action is brought by Plaintiff, a former employee the Office of the District
Attorney, Larry Chisoim and Chatham County pursuant to Title VII, of the Civil Rights
Act of 1964, as amended, 42 U.S.C.A. § 2000(e) et seq. the Civil Rights Act of 1991, 42
U.S.C. § S 1983, the Americans with Disabilities Act (the "ADA") 42 U.S.C.A. 12112
et seq. (:1995), and 1988 for violations resulting in a hostile work environment based
upon Plaintiff's gender male, for retaliation in complaining about the hostile work
environment to which the Plaintiff was subjected to, for constructive discharge, and
intentional infliction of emotional distress under Georgia law.
JURISDICTION AND VENUE
1. This Court has subject matter jurisdiction of the federal claims asserted in this
action under 28U,S.Cl331 1332 1337, 1338, 1343(a) (4) 1367.
2. Venue is proper in this Court pursuant to 28 U.S.C. §1391(b), as Defendants
reside and conduct business in this District and as a substantial part of the events
or omissions giving rise to the claims occurred in this District.
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3. Plaintiff also asserts state-based claims under the supplemental jurisdiction of this
court, pursuant to 28 U.S. C. § 1367, to hear and decide claims arising under the
laws of the State of Georgia. Jurisdiction is specifically conferred on the Court by
42 U.S.C. 20000e-5. Equitable relief is requested pursuant to 42 U.S.C. 20003-
5(g).
I. STATEMENT OF CLAIMS
4. The instant lawsuit is for declaratory and injunctive relief for unlawful
discrimination, and retaliation based upon gender in the terms and conditions of
employment pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C.
§2000e, et seq., as amended by the Civil rights Act of 1964, 42 U.S.C. §2000e,
et seq., as amended by the Civil rights Act of 1991, as amended, 42 U.S.C. §
2000e, et seq. ("Title VII"), for vicarious liability and supplemental causes of
action for intentional infliction of emotional distress, as well as for attorney's
fees, compensatory damages, and punitive damages.
II. PARTIES
5. Plaintiff Jonathan Drummond (hereinafter "Plaintiff" or "Drummond") is a
resident of Savannah, Chatham County. Plaintiff is a black male. Plaintiff was
employed by Defendant as an investigator in the Victim-Witness Department of
the District Attorney's office.
6. Defendant Larry Chisolm at all times relevant to this lawsuit is an elected state
constitutional officer of the State of Georgia holding the position and title of
District Attorney.
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7. Defendant Chatham C ounty is a governmental entity that manages employees
such as the P laintiff and provides funds for the operation of the O ffice of the
District Attorney.
8. Defendant Larry Chisoim was elected to office on November 4, 2008,
9. Larry Chisolm resides in Chatham County, Georgia.
10. As such, D efendant Larry C hisolm is subject to the jurisdiction of this court.
Defendant may be served process by
11. Defendant Larry Chisolm is an employer as defined by 42 U.S.C.A. §200 0e (b)
Defendant is subject to the provisions of Title VII of the Civil Rights Act of 196 4,
as amended, 42 U.S.C. §2000e, et seq., as amended by the C ivil rights Act of
1991 , and the laws of the State of Georgia.
12, Defendant Chatham County is an employer as defined by 42 U.S.C,A. §2000e
(b) Defendant is subject to the provisions of Title VII of the C ivil Rights Act of
1964, as am ended, 42 U.S.C. §2 000e, et seq., as amended by the C ivil rights
Act of 1991 , and the laws of the State of Georgia.
13. Plaintiff Drum mond w as, at all times relevant to this action, an "employee" of
the Defendant L arry Chisolm in his capacity as District Attorney of Chatham
County as defined at 4 2 U .S.C. § 20 000e (f), and is entitled to the protections
provided there under.
14. Plaintiff Drummond w as at all times relevant to this action an "employee" of
Defendant Chatham County as defined at 42 U.S.C. § 20000e (0, and is entitled
to the protections provided there under.
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15. Plaintiff Drummond exhausted all of his State and Federal administrative
procedures prior to filing the instant Complaint. Plaintiff has provided Defendant
with proper notice pursuant to O.C.G.A. § 36-1 1-1.
16. Plaintiff received his right to sue letter and this action is timely filed within 90
days of receipt. See attached Ex. A.
III.GENERAL ALLEGATIONS
a.ostile Work Environment based upon gender, male
17. Plaintiff was hired by Defendant Larry Chisoim on or about March 29, 2010 for
the position of investigator in the District Attorney's office.
18. Defendant Larry Chisoim did not interview anyone else for the position.
19. Defendant Larry Chisoim hired the Plaintiff because he is male and Larry
Chisolm is sexually and physically attracted to males.
20. Plaintiff was approached by Larry Chisolm after he saw him in church in his
police officer's uniform.
21. Defendant Larry Chisoim obtained Plaintiff's home address and came to
Plaintiff's home and suggested that he apply for a position in the District
Attorney's office.
22. At the time, Plaintiff was employed as a police officer with Savannah-Chatham
Metropolitan Police Department.
23. Plaintiff filled a new position created by the District Attorney, Larry Chisolm.
24. Plaintiff is a black male.
25. Defendant Larry Chisoim is either a gay male or a bi-sexual male.
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26. Shortly after the Plaintiff was hired, he teamed that another investigator, male,
was living with Larry Chisoim.
27. On or about June 2010, Plaintiff was required to attend a conference in California
with Defendant Larry Chisoim.
28. Plaintiff was informed that he was also required to share a hotel room with Larry
Chisolm and a case worker who was living with Larry Chisoim.
29. Plaintiff indicated that he would not stay in a room with the two men.
30. Larry Chisoim indicated that Plaintiff's job was dependent upon his attending the
conference and Plaintiff was required to stay in the same hotel room with the two
men.
31. Plaintiff filed a complaint with the Chatham County Human Resources
department because he was being pressured to stay in the same hotel room as
Larry Chisolm as a condition of keeping his job.
32. After Plaintiff filed his complaint with Human Resources, he was placed on
administrative leave.
b.etaliation in violation of Title VII
33. Plaintiff was placed on administrative leave and was not permitted to perform his
duties in the Victim Intervention program for which he was hired, and for which
he left the Savannah-Chatham Metropolitan Police Department.
34. At the time of the harassment, based upon his sex, male, Plaintiff's position was
located at Memorial Hospital.
35. After Plaintiffs complaint, he was relocated closer to the District Attorney, Larry
Chisolm on Montgomery street.
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36. Plaintiff was given a desk and no telephone or computer in order to perform his
job responsibilities on Montgomery street.
37. Plaintiff was in a close proximity to Larry Chisoim every day at the Montgomery
street location.
38. Larry Chisolm continued to approach the Plaintiff and told the Plaintiff repeatedly
that he had "invested" in the Plaintiff.
39. Larry Chisolm constantly asked the Plaintiff inappropriate questions such as his
clothing size, and commented that the Plaintiff was "too skinny" and needed to be
"fattened up" and repeatedly asked him to lunch.
40. Larry Chisolm offered him other non work related benefits such as housing
assistance.
41. On one occasion, the Plaintiff was required to drive Larry Chisolm to Americus,
GA to a funeral.
42. Larry Chisolm insisted that they go to Chisolm's house first and "get a second set
of directions."
43. Plaintiff refused to come into Chisolm's home and insisted upon waiting for
Chisoim in the car because he was afraid that Chisolm would make more overt
sexual gestures to him and he was afraid for his job.
44. Plaintiff was not permitted to perform his jobs at a location apart from the
unwanted advances of the District Attorney Larry Chisolm at Memorial Hospital
and was constructively discharged in August 2010.
C.ntentional Infliction of Emotional Distress and failure to accommodate the
Plaintiff
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45. Due to the stressful, hostile environment that the Plaintiff was subjected to as a
result of the threat of the loss of his job and the retaliation in the terms and
conditions of his employment, Plaintiff developed a stress induced bacterial
infection.
46. Plaintiff was required to attend psychological counseling during his employment
by Defendant Chatham County's agents in Human Resources.
47. Defendant's agent Van Johnson contacted the medical profession counselor that
Plaintiff was scheduled to meet and made a false and reckless report that Plaintiff
had been 'molested in the past."
48. Defendant's agent knew that the statement was untrue and made it with complete
disregard for the Plaintiff.
49. The statement was false and made with reckless abandonment calculated to cause
the Plaintiff emotional distress and calculated to influence the counselor and
adversely impact Plaintiff's treatment and the terms and conditions of his
employment.
50. While Plaintiff was under a doctor's care for the above-referenced infection, he
was required to travel to Forsyth, GA for training.
51. Plaintiff was threatened with his employment termination if he failed or refused to
go to the Forsyth training, in spite of his illness.
52. Plaintiff was still under medication and requested the reasonable accommodation
that the training be rescheduled when he had completed the medication for the
infection.
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53. Plaintiff was threatened with employment termination in violation of the ADA
and went to training.
54. While the Plaintiff was at the training site, he became ill, vomiting.
55. Plaintiff was otherwise qualified to perform his duties and asked for a reasonable
accommodation to complete the 14 day medical treatment prior to traveling away
from home.
56. Plaintiff was perceived as disabled and in fact suffered a disability, to-wit 14-
pylori which affected his major life activities and was a disability under the ADA.
57. Plaintiff accommodation was reasonable and Defendant Larry Chisoim and his
agents refused to accommodate him causing the Plaintiff stress to manifest
physically in the form of increased vomiting and nausea.
CAUSES OF ACTION
COUNT ONE
VIOLATION OF PLAINTIFF'S CIVIL RIGHTS UNDER TITLE VII
58. Plaintiff repeats, re-alleges and reiterates the foregoing allegations set forth in
paragraphs I through 44 as if set forth herein,
59. Plaintiff Drummond has suffered and in the future will suffer actual damages in
the form of mental anguish emotional distress and humiliation as a result of
Defendant's discriminatory employment practices.
60. Defendant has subjected Plaintiff Drummond to discrimination based upon his
gender in violation of Title VII.
COUNT TWO
RETALIATION IN VIOLATION OF TITLE VII
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61. Plaintiff Drummond adopts and incorporates by reference paragraphs 1- 60 as if
fully set forth herein.
62. The acts and omissions described above demonstrate that Defendant Larry
Chisoim has discriminated against Plaintiff Drummond in violation of Title VII
of the Civil Rights Act, 42 U.S.C. §2000e, et seq. , as amended, by the Civil
Rights Act of 1991, ("Title VII") by subjecting his to different treatment on the
basis of his gender.
63. Defendant Larry Chisolm conditioned the Plaintiffs employment on accepting his
unwelcomed and unwanted advances which affected the terms and conditions of
Plaintiffs employment.
64. When the Plaintiff complained the Plaintiff was subjected to retaliation in the
terms and conditions of his employment in violation of Title VII when he was
moved closer to District Attorney Larry Chisolm so that he could be subjected to
his advances on a daily basis.
65. He retaliated against when he was not given a telephone or computer for a week
and therefore was unable to perform the duties and responsibilities of his job.
66. Plaintiff was constructively discharged because he could not perform the duties
of his employment without fear of further threat of job termination and without
a work environment which was free from the constant inappropriate comments
made by Larry Chisolm as to his body.
67. The retaliation for engaging in protected activity, which was unwelcome,
offensive, sever, persistent, abusive, malicious, intentional, and otherwise
wrongful in violation of Title VII.
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68. Defendant intentionally discriminated against Plaintiff Drummond because of his
gender male and because he engaged in protected activity, in violation of Title
VII, by relocating him and placing him on administrative leave affecting the terms
terms, conditions, and privileges of employment, and retaliating against his for
asserting his civil rights. See 42 U.S.C. § 2000e-2.
69. Defendant does not have immunity for his actions and omissions.
70. As a direct and proximate result of the acts and omissions of Defendant as set
forth above, Plaintiff has suffered lost wages and benefits, severe emotional
distress, humiliation and embarrassment. Plaintiff has also incurred attorney's
fees and court costs.
COUNT III
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
71. Plaintiff Drummond adopts and incorporates by reference paragraphs 46- 57 as if
fully se t forth herein.
72. The conduct of Defendant Larry Chisoim , the agents of the District Attorney
and the agents of Defendant Chatham County's which include but are not
limited to Van Johnson was intentional, reckless, extreme, and outrageous.
Defendant's actions caused Plaintiff Drummond emotional distress, and Plaintiff
Drummond's emotional distress was severe and manifested in severe a bacterial
infection for which he had to be medically treated.
73. Defendant Larry Chisoim's unlawful conduct was directed at Plaintiff
Drummond, and there was a special employment relationship between Defendant
and Plaintiff Drummond.
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74.efendant Chatham County's agent Van Johnson make false an untrue statement
regarding the Plaintiff calculated to harm his reputation and interfere with his
medical treatment which caused the Plaintiff emotional distress in violation of
Georgia law.
COUNT IV
VIOLATIONS UNDER THE ADA
75,laintiff Drummond adopts and incorporates by reference paragraphs 46- 57 as if
fully set forth herein.
76. The acts and omissions of Defendant set forth above amount to violations of the
ADA.
77. Plaintiff was an employee was a perceived and actual disability.
78. He requested a reasonable accommodation.
79. The agents of the District attorney denied his reasonable accommodation in
violation of the ADA.
COUNT V
ATTORNEY FEES
80. Plaintiff incorporates paragraphs 1-79 as if fully set forth herein and states:
81. Plaintiff Drummond seeks an award of attorney's fees from Defendants in this
action.
82. Defendants have been unnecessarily contentious; and has caused Plaintiff
Drummond additional attorney's fees. Plaintiff Drummond is therefore entitled to
recover from Defendant the expenses of this litigation, including but not limited
to reasonable attorney's fees and costs.
Ill
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termination and/or money damages for Plaintiffs lost benefits lost
vacation time, lost personal time, sick time and other lost time;
e)Injunctive relief preventing and prohibiting Defendant Larry Chisoim
from engaging in his present practices in violation of the laws cited herein;
f) Reasonable attorney's fees expenses and costs pursuant to 42 U.S.C. §
1988; and
g) Such other further and different relief as this Court deems just and proper.
Respectfully submitted this _4th_ day of August, 2011.
Is Gwendolyn Fortson Warjng
Gwendolyn Waring, Esq.
Attorney for the Plaintiff
State Bar No. 270110
1605 Whitaker Street
Savannah, GA 31401
912.477.5590
912.238.0207 facsimile
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