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Plaintiff, CALENOhR/ROOH n
Case No. line. -_-- u - U u

v. Statutory Actios




Plaintiff Carmelita Terry ("Terry"), by her counsel, Hughes Socol Piers Resnick & Dym,

Ltd., complains against Defendants City of Berwyn ("City") and Joseph Drury ("Drury")

(collectively "Defendants") as follows:


1. Plaintiff seeks redress and damages from Defendants for injuries she sustained as a

result of sexual harassment committed by Drury, in violation of the Illinois Human Rights Act

("IHRA"), 775 ILCS 5/2-102(D).

2. On September 5, 2017, the Illinois Department of Human Rights ("IDHR") issued

Notices of Substantial Evidence against the City and Drury for the sexual harassment complained

of by Plaintiff in this lawsuit.

3. Through her counsel, Plaintiff received the IDHR's Notice of Substantial Evidence

against Drury on September 11, 2017, and Plaintiff received the IDHR's Notice of Substantial

Evidence againstthe City on September 12,2017. Plaintiffs claims for sexual harassment against

Defendants are timely filed within 90 days of her receipt of each Notice of Substantial Evidence.

775 ILCS 5/7A-102(D)(4).


4. PlaintiffCarmelite Terryis a woman who resides in Berwyn, Illinois. At alltimes

pertinent to this Complaint, the City of Berwyn employed Terry as a detective with the Berwyn

Police Department in Cook County, Illinois.

5. Defendant City of Berwyn is an Illinois municipal corporation. At all times

pertinent to this Complaint, the City wasthe employer ofTerry andDrury within the meaning of

section2-101(B) ofthe IHRA, and was subjectto the provisionsofthe IHRA.

6. Defendant Joseph Druryis a man,who, at alltimes pertinentto this Complaint,was

employed by the City ofBerwyn asthe Deputy ChiefofPolice forthe Berwyn Police Department

(the"DeputyChief). Drury was acting within the scope of his employment as the Deputy Chief

at all times pertinent to this Complaint. Drury was also one of Terry's supervisors at all times

pertinent to this Complaint.


7. This Court has personal jurisdiction over Defendants pursuant to 735 ILCS 5/2-

209, because they performed the acts complained of herein against Plaintiff in Illinois.

8. Venue is proper in this Court pursuant to 735 ILCS 5/2-101, because all or a

substantial part of the events giving rise to this cause of action occurred within Cook County,



9. Beginning in the fall of 2014 and continuing through at least October of 2015,

Drury repeatedly commented on Terry's physical appearance and made sexually-charged and
offensivecomments to her, including, for instance, comments to the effect that he wantedto "get

[her] inbed," and thathe thought that he could sexually "please" her. During the same time frame,
Drury also repeatedly asked Terry personal and sexually-charged questions, including, for

instance, questions about who slept in her bed with her and questions to the effect of "are you

cheatingon me?"

10. Drury directed these and other sexually-charged comments and questions to Terry

at least severaltimes a month, beginning in the fall of2014.

11. Terry was distressed, offended, and embarrassed by Drury's sexually-charged

comments and questions.

12. On September 23,2015, Drurycalled Terry into his office and further escalated his

sexuallyharassing and offensive behaviortowards Terry. Duringthis encounter, and among other

things, Drury toldTerry"I'm going to rape you," and "I can showyou a goodtime" orusedsimilar

words. Drury then questionedTerry aboutherboyfriend, shared unsolicited informationwith Terry

abouthis own sex life, and made lewd gestures towards his genitals while remarking about how

he could"satisfy" Terry.

13. After making those offensive, sexually-charged comments, Drury asked Terry to

give himaride somewhere later that afternoon. She responded that shecould not, because she had

to be somewhere afterwork and proceeded to leave Drury's office, at which pointhe yelled out

wordsto the effect of, "I'm not done with you yet, don't leave."

14. Later on or about September 23,2015, Drury came to the office where Terry was

working. Drury ordered Detective Robert Monoco ("Monoco"), whowasthe onlyother person in

theoffice,to leavethe office. After Monoco leftand theofficedoorshutbehindhim, Drury walked

overand hoveredover Terry, who was seated atherdesk, and got within inches ofTerry, causing

Terry to fear forher physical safety. At that point, Drury bent down and whispered in her ear, "I'm

goingto give you six orgasms" or words to that effect

15. The sexual advances and comments that Drury repeatedly directed toward Terry

between the fall of 2014 and September 23,2015, created an intimidating, hostile andoffensive

work environment for Terry as a woman.

16. On September 24, 2015, out of concern for her safety, Terry asked Unit

Commander Sandro Scardamaglia("Scardamaglia") not assign her to drive Drury anywhere, and

Scardamaglia agreedto her request.

17. On October 8,2015, Drury ordered Terry to run a report in the Law Enforcement

Agency Date System ("LEADS") ona person whowasthealleged victim in anincident report and

had filed a police report Drury wanted to provide the alleged victim's LEADS and Criminal

History report to the victim's alleged perpetrator (against whom the victim had filed the police


18. Terry believed that thetask Drury ordered Terry to complete wasunlawful because,

among other reasons, atthe time of Drury's request, there was no active investigation against the
alleged victim. In addition, she thought it was inappropriate to provide a LEADS report to the
alleged perpetrator. As aresult, she refused to carry out Drury's order.
19. That same day, Terry attempted to discuss her reasoning with Drury. However,

Drury responded by screaming at Terry and making comments to the effect of: "Can't you do a
fucking thing I ask?" and "If you're afraid ofthe fucking federal law then you don't need to work
atthe police department and youneed to find yourselfanother job."
20. Later on October 8, 2015, Terry reported to her direct supervisor, then-Unit

Commander Frank Cimaglia, what Drury had ordered her to do and why she did not run the

LEADS report
21. Drury's unlawful orderand hostilebehaviortoward Terry on October 8,2015 were

distressing and upsetting to Terry. She perceived Drury's order and subsequent comments as an

effortto set her up for reprimand or termination in retaliation for rejecting his sexual advances.

22. After the incident on October 8, 2015, Terry was in fear of being demoted or

terminated in retaliation forrepeatedly rejecting Drury's sexual advances andattempting to ignore

his sexually-charged and intimidating conduct

23. On or about October 9, 2015, Terry informed Division Commander Giordano

Manfredini ("Manfredini") about Drury's sexually harassing conduct toward her since the fall of
2014 and how his conduct had culminated in the prior days' events, with Drury ordering her to

conduct an unlawful task.

24. In response, on October 9, 2015, Manfredini advised then-Division Commander

Michael Cimaglia ofTerry's complaint, and together the two Division Commanders, both ofwhom
were Terry's superiors, advised Terry to report Drury's conduct to City of Berwyn attorney

Anthony Bertuca ("Bertuca"). Manfredini also prepared an Administrative Memorandum toChief

James Ritz ("Ritz") on October 9, 2015, advising Ritz of the details of Terry's complaint.
Thereafter, on October 9,2015, Terry reported the details ofDrury's harassing conduct separately

to Bertuca and to Ritz.

25. On March9,2016, aftermonthspassed withouta response from the City regarding

the status of its internal investigation into Terry's complaint of sexual harassment, Terry filed

charges with the IDHR against the City andDrury.

26. In November 2016, Drury acknowledged his inappropriate conduct toward Terry

during a phonecallbetween Terry, Drury, and others in which Drurystatedwords to the effect of,

"I'm aman. God made me the way I am. I would like to apologizeto Carm[elita] formy behavior."
Sexual Harassment, in Violation of the IHRA, 775 ILCS 5/2-102(D)
(Against City and Drurv*

27. Terry realleges andincorporates Paragraphs 1-26of thisComplaint as though fully

set forth herein.

28. As a woman, Terry is a member of a protected class.

29. Since the fall of 2014 and at least through October 2015, the City and Drury
subjected Terry to continuous and frequent acts of unwanted and intimidating sexual harassment

in the form of sexual advances, sexually-charged comments, and physical conduct of a sexual

nature, thereby knowingly creating a hostile andabusive workplace for Terry, in violation of the


30. The harassment committed by Terry's supervisor, Drury, complained of herein,

was based upon Terry's sex.

31. Theharassment committed byTerry's supervisor, Drury, complained ofherein, had

the effect ofunreasonably interfering with Terry's work performance andcreating an intimidating,

hostile,and offensive working environment.

32. At all relevant times, Drury was an employee and/or agent of the City and was

acting within the course and scopeof his employment andsupervisory authority overTerry.

33. The IHRA imposes strict respondeat superior liability on the City for Drury's

conduct complained ofherein. 775 ILCS5/2-102(D).

34. As a direct and proximate result of Defendants' violations ofthe IHRA as set forth

herein, Terry suffered emotional distress, humiliation and embarrassment.


WHEREFORE, Plaintiff, Carmelite Terry, respectfully requests that this Court provide the

following equitableand legal remedies:

a. Award Plaintiff a judgment against Defendants in excess of $30,000.00 for

compensatory damages;

b. Award Plaintiffall costs oflitigation, including her reasonable attorneys' fees and


c. Award Plaintiffpre-judgmentinterest;

d. Order a permanent injunction prohibiting Defendants from engaging or

acquiescing in further acts of sexualharassment or retaliation against Plaintiff;

e. Order Defendant City of Berwynto implementeffective steps to eliminate sexual

harassment and retaliation from the Berwyn Police Department; and

f. Grant such other relief as the Courtdeemsjust and appropriate.


35. Plaintiffdemands a trial by jury.

Dated: November 9,2017 RespectfullySubmitted,

One of PlaintifTs Attorneys

Jose* J. Behar
Juliet Berger-White
Kate E. Schwartz
Hughes Socol Piers Resnick & Dym, Ltd.
70 W. Madison Street, Suite 4000
Chicago, Illinois 60602
AttorneyNo. 45667

Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil
Procedure, theundersignedcertifies thatthe statemerto set forth mparagraphs 9throng 26 ofthis
instrument aretrue and correct

CmmeBtaTerty r\