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Jeff Chen Amended Complaint

Jeff Chen Amended Complaint

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Published by: rickanderson69 on Mar 10, 2012
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03/27/2014

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1 – FIRST AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF
JONES
 
LAW
 
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P.L.L.C.11819
 
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34
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B
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WA
 
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576-8899
 
 
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IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF WASHINGTONJEFFREY CHEN, individually,Plaintiff,v.CITY OF MEDINA, a public agency andWashington noncharter code city; DONNAHANSON, in her official and individualcapacities; BRET JORDAN, in his official andindividual capacities; JOHN DOES 1-3 andJANE DOES 1-3, in their official andindividual capacities,Defendants.Case No. 11-cv-02119-TSZFIRST AMENDED COMPLAINT FORDAMAGES AND INJUNCTIONRELIEF12-PERSON JURY REQUESTEDCOMES NOW the Plaintiff, JEFFREY CHEN, by and through his attorneys, andstates:
I. NATURE OF ACTION, JURISDICTION, AND VENUE
1.
 
This is a civil rights lawsuit seeking damages and injunctive relief for racialdiscrimination and the wrongful termination of the employment of former Chief of PoliceJeffrey Chen by the City of Medina.
Case 2:11-cv-02119-TSZ Document 14 Filed 02/21/12 Page 1 of 91
 
 
2 – FIRST AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF
JONES
 
LAW
 
GROUP,
 
P.L.L.C.11819
 
NE
 
34
TH
 
S
TREET
 
B
ELLEVUE
,
 
WA
 
98005T
EL
.
 
(425)
 
576-8899
 
 
F
 AX
(425)
 
576-9898
 
1234567891011121314151617181920212223242.
 
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
 
 
3 – FIRST AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF
JONES
 
LAW
 
GROUP,
 
P.L.L.C.11819
 
NE
 
34
TH
 
S
TREET
 
B
ELLEVUE
,
 
WA
 
98005T
EL
.
 
(425)
 
576-8899
 
 
F
 AX
(425)
 
576-9898
 
1234567891011121314151617181920212223247.
 
A substantial basis for Chief Chen’s termination was Ms. Hanson’s and theCity’s prejudice resulting in unlawfully discriminatory actions that are prohibited by theFourteenth Amendment to the Constitution of the United States.8.
 
Another substantial basis for Chief Chen’s termination was Chief Chen’sreporting of Ms. Hanson’s improper governmental actions to the City Council, speech that isprotected by the First Amendment to the Constitution of the United States and Washingtonlaws.9.
 
Chief Chen has therefore brought this action under 42 U.S.C. § 1983 forviolation of his rights under the First and Fourteenth Amendment to the Constitution of theUnited States, Title VII of the Civil Rights Act, and Washington laws. The jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1343, 28 U.S.C. § 1331, 42 U.S.C. § 1983, and42 U.S.C. §2000e-5(f)(3). This Court has supplemental jurisdiction of the state law claimsunder 28 U.S.C. § 1367.10.
 
Venue is properly located in the Western District of Washington, SeattleDivision, pursuant to 28 U.S.C. § 1391, because the Plaintiff and Defendants reside and/orare located within this District and the actions complained of occurred within this District, inKing County.
II. PARTIES
11.
 
Plaintiff Jeffrey Chen is an individual, who at all material times, is and was aresident of the Western District of Washington. Prior to his termination, he was a long-timeemployee of the City of Medina and served as its Chief of Police.
Case 2:11-cv-02119-TSZ Document 14 Filed 02/21/12 Page 3 of 91

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