2 – FIRST AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF
Although Chief Chen has a right to due process before he can be disciplinedor fired from his job, the City of Medina terminated Chief Chen with only a cursoryacknowledgement of due process procedures. This was done deliberately, in order to avoiddue process protections.3.
The City Manager, Donna Hanson, collaborated with the investigators andacted as accuser, judge, and jury branding Chief Chen as untruthful and dishonest with theintention of disciplining and terminating Chief Chen in a manner designed to damage anyfuture career in law enforcement and to prevent other employment possibilities.4.
No standards governed the City Manager’s decision-making process orultimate decision. Ms. Hanson’s decision against Chief Chen was based on her personal,subjective belief about whether Chief Chen was truthful, and that subjective belief grew outof Ms. Hanson’s prejudice towards Chief Chen’s race and national origin, as well as aretaliatory attitude Ms. Hanson had as a result of Chief Chen’s reporting of deceptivebudgeting committed by Ms. Hanson.5.
During the four months Chief Chen was on administrative leave andfollowing Chief Chen’s termination, members of the City Council took personal measures toactively assist in the decision to malign and terminate Chief Chen causing irreparabledamage to his reputation and thwarted specific future employment opportunities. The Cityadopted Ms. Hanson’s decision and failed to question Ms. Hanson’s process.6.
Because Ms. Hanson’s accusations, contrived investigation, and decisionsfailed to meet constitutional standards, the sanction of terminating Chief Chen’s employmentis unfair and based on unlawful reasons.
Case 2:11-cv-02119-TSZ Document 14 Filed 02/21/12 Page 2 of 91