You are on page 1of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 1 of 625 FILED

2017 Nov-21 AM 09:36


U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
__________________________________
MARINA GIACOMINA GARCIA, )
)
Plaintiff, )
)
v. ) CIVIL ACTION NO.:
)
MADISON COUNTY, ALABAMA ) _____________________________
SHERIFFS OFFICE; ) (JURY DEMAND AS TO
) ALL ISSUES TRIABLE BY
BLAKE L. DORNING in his Official ) JURY)
Capacity as Sheriff of Madison County, )
Alabama and in his Individual Capacity; )
)
DAVID K. JERNIGAN in his Official )
Capacity as the former Chief Deputy )
Sheriff of Madison County, Alabama and )
in his Individual Capacity; )
)
MICHAEL A. SALOMONSKY in his )
Official Capacity as head of the Criminal )
Investigation Division of the Madison )
County, Alabama Sheriffs Office )
and in his Individual Capacity; )
)
CHARLES BERRY, retired, former )
Captain, Criminal Investigation Division, )
Madison County, Alabama, Sheriffs )
Office, in his Official Capacity and )
in his Individual Capacity )
)
MADISON COUNTY, ALABAMA; )
)
THE MADISON COUNTY, )

Page 1 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 2 of 625

ALABAMA COMMISSION; )
)
DALE W. STRONG in his Official )
Capacity as Chairman of the Madison )
County, Alabama Commission and in his )
Individual Capacity; )
)
ROGER JONES, Commissioner, )
Madison County, Alabama District One, )
in his Official Capacity as a )
Commissioner of the Madison County, )
Alabama Commission and in his )
Individual Capacity; )
)
STEVE HARAWAY, Commissioner, )
Madison County, Alabama District )
Two, in his Official Capacity as a )
Commissioner of the Madison County, )
Alabama Commission and in his )
Individual Capacity; )
)
CRAIG HILL, Commissioner, )
Madison County, Alabama District )
Three, in his Official Capacity as a )
Commissioner of the Madison County, )
Alabama Commission and in his )
Individual Capacity; )
)
PHIL VANDIVER, )
Commissioner, Madison County, )
Alabama District Four, in his Official )
Capacity as a Commissioner of the )
Madison County, Alabama Commission )
and in his Individual Capacity; )
)
PHIL RIDDICK, Commissioner, )
Madison County, Alabama District Five, )
in his Official Capacity as a )

Page 2 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 3 of 625

Commissioner of the Madison County, )


Alabama Commission and in his )
Individual Capacity; )
)
JERMIE HOWELL in his Official )
Capacity as Director of the Personnel/ )
Human Resources Department of )
Madison County, Alabama and in his )
Individual Capacity; and, )
)
PAM FLORY in her Official Capacity )
As Deputy Director of the Personnel/ )
Human Resources Department of )
Madison County, Alabama and in her )
Individual Capacity; )
)
Defendants. )

COMPLAINT

A. INTRODUCTION

1. This is an action for legal and equitable relief to redress and to correct

unlawful employment practices on the basis of race; discrimination based on race;

harassment based on race; a racially hostile working environment; different and

less favorable treatment based on race; and, unlawful retaliation against Plaintiff

Marina Giacomina Garcia (Investigator Garcia and/or Deputy Garcia and/or

Garcia) for engaging in activity, reporting, complaining about, and opposing

such unlawful behavior and actions, protected under Title VII, 42 U.S.C. 1981,

1981a, 1981(a) all of which were continuing unlawful actions and behavior; for

Page 3 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 4 of 625

violations of her rights under the Fourteenth Amendment to the Constitution of the

United States; and, to provide appropriate relief to Garcia who was adversely

affected by such practices. Garcia asserts her claims for relief for violations under

Title VII; Title 42 U.S.C. 1981, 1981a, 1981(a); and, under the Fourteenth

Amendment all through 42 U.S.C. 1983 (hereinafter 1983). Garcia requests a

trial by jury of all issues triable by a jury.

2. The defendant employers, namely, Defendant the Madison County,

Alabama Sheriffs Office (the Sheriffs Office); Sheriff Blake L. Dorning

(Sheriff Dorning); Defendant Madison County, Alabama (Madison County);

and, Defendant the Madison County, Alabama Commission (the Commission)

were doing business in Madison County, Alabama; retaliated against and

discriminated against Garcia for complaining about, reporting, and opposing racial

discrimination and retaliation based on race; racially harassed Garca for

complaining about, reporting, and opposing racial discrimination and retaliation

based on race; caused Garcia to work in a racially hostile working environment for

complaining about, reporting, and opposing racial discrimination and retaliation

based on race; harassed Garcia for complaining about, reporting, and opposing

racial discrimination and retaliation based on race; treated Garcia differently for

complaining about, reporting, and opposing racial discrimination and retaliation

based on race; and, retaliated against Garcia for engaging in activity protected by

Page 4 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 5 of 625

the said Title VII and 42 U.S.C. 1981, harassed Garca and retaliated against

Garcia for complaining about, reporting and opposing, engaging in activity

protected by Title VII and 42 U.S.C. 1981, all of which were continuing unlawful

actions and behavior against her. Garcia asserts her claims for relief for violations

under Title VII, Title 42 U.S.C. 1981, 1981a, 1981(a), and under the Fourteenth

Amendment through 42 U.S.C. 1983 (hereinafter 1983). Garcia requests a trial

by jury of all issues triable by a jury.

3. This is also an action for legal and equitable relief to redress sexual

harassment, a sexually hostile working environment, and unlawful retaliation

against Garcia for engaging in activity protected under Title VII of the Civil Rights

Act of 1964, 42 U.S.C. 2000e et seq., as amended by the Civil Rights Act of

1991, 42 U.S.C. 1981a, (hereinafter Title VII), all of which were continuing

unlawful actions and behavior. The suit is brought to secure the protection of and

to redress the deprivation of rights secured by Title VII; and, the Fourteenth

Amendment to the Constitution of the United States. Garcia asserts her claims for

relief for violations of Title VII and the Fourteenth Amendment through 42 U.S.C.

1983 (hereinafter 1983). Garcia requests a trial by jury of all issues triable by

a jury.

4. The defendant employers, namely, the Sheriffs Office; Sheriff

Dorning, Madison County; and, the Commission were doing business in Madison

Page 5 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 6 of 625

County, Alabama; discriminated against Garcia for complaining about, reporting,

and opposing sexual harassment and retaliation based on sex; harassed Garcia for

complaining about, reporting, and opposing sexual discrimination and retaliation

based on sex; caused Garcia to work in a sexually hostile working environment for

complaining about, reporting, and opposing sexual discrimination and retaliation

based on sex; harassed Garcia for complaining about, reporting, and opposing

sexual discrimination and retaliation based on sex; treated Garcia differently for

complaining about, reporting, and opposing sexual discrimination and retaliation

based on sex; and, retaliated against Garcia for engaging in activity protected by

the said Title VII all of which were continuing unlawful actions and behavior

2against her. Garcia asserts her claims for relief for violations under Title VII and

42 U.S.C. 1981a and 1981(a) and under the Fourteenth Amendment through 42

U.S.C. 1983 (hereinafter 1983). Garcia requests a trial by jury of all issues

triable by a jury.

B. JURISDICTION

5. Garcia brings this action under Title 42 U.S.C. 1983, 1985, 1981,

1981a, 1981(a), and 42 U.S.C. 2000e-5. Garcia specifically brings this action

under 1983, 1985, and 1988 of Title 42 of the United States Code.

6. Jurisdiction is founded on 28 U.S.C. 1331, 1343(a)(3) and (4), and

42 U.S.C. 2000e-5.

Page 6 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 7 of 625

7. The amount in controversy in this case, excluding interest and costs,

exceeds the minimum jurisdictional limit of this Court.

C. VENUE

8. All of the acts or omissions giving rise to Garcias claims arose in and

about Madison County, Alabama and within the jurisdiction of this Court. Most, if

not all, of the defendants reside in Madison County, Alabama and all defendants

reside in the State of Alabama. Thus, pursuant to Title 28 U.S.C. 1391(b)(1) and

(2) and 42 U.S.C. 2000e-5, venue is proper in the United States District Court for

the Northern District of Alabama, Northeastern Division.

D. ADMINISTRATIVE PREREQUISITES

9. There are no administrative prerequisites or caps on damages

regarding the claims Garcia makes under Title 42 U.S.C. 1981 and under the

Fourteenth Amendment all of which Garcia brings through 1983. The statute of

limitations is four years for the claims Garcia brings under42 U.S.C. 1981

through 1983.

10. Garcia has met all administrative conditions precedent for the filing of

this case under Title VII. Garcia timely filed Charges of Discrimination with the

United States Equal Employment Opportunity Commission (the EEOC and/or

EEOC) on March 28, 2016 (EEOC Charge Number 420-2016-01713) and

thereafter filed an Amended Charge/Supplemental Statement Of Particulars on

Page 7 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 8 of 625

April 27, 2016 (EEOC Charge Number 420-2016-02060), copies of which are

attached hereto as Exhibits A and B. On September 14, 2017, Notices of Rights to

Sue were issued to Garcia by the United States Department of Justice regarding

Garcias said Charges Numbers, copies of which are attached hereto as Exhibits C

and D. Garcia received the said Notices of Rights to Sue on September 22, 2017.

Garcia is timely filing this suit within ninety (90) days of her receipt of said

Notices of Right to Sue.

E. PARTIES

11. Plaintiff Investigator Marina Giacomina Garcia is a female citizen of

the United States over the age of nineteen (19) years and is a resident citizen of

Madison County, Alabama and the State of Alabama.

12. Defendant the Madison County, Alabama Sheriffs Office (the

Sheriffs Office) was and is Investigator Garcias employer and employs more

than fifteen (15) employees, and, therefore, is an employer for Title VII

purposes.

13. Defendant Sheriff Blake L. Dorning (Sheriff Dorning), in his

official capacity as the Sheriff of Madison County, Alabama, was and is

Investigator Garcias employer and employs more than fifteen (15) employees,

and, therefore, is an employer for Title VII purposes. Dorning is a state actor for

purposes of 42 U.S.C. 1983. Dorning is sued in his Official Capacity and is sued

Page 8 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 9 of 625

in his Individual Capacity pursuant to 1983 for violations of Title VII, 1981, and

the Fourteenth Amendment as further set out herein. Dorning is a male citizen of

the United States over the age of nineteen (19) years and is a resident citizen of the

State of Alabama. Sheriff Dorning is the current Sheriff of Madison County and

has served in that position at all times material to this action.

14. Lt. Michael A. Salomonsky (Lt. Salomonsky) in his Official

Capacity as the head of the Criminal Investigation Division of the Sheriffs Office

and in his Individual Capacity. Lt. Salomonsky is a state actor for purposes of 42

U.S.C. 1983. Lt. Salomonsky is sued in his Official Capacity and is sued in his

Individual Capacity pursuant to 1983 for violations of Title VII, 1981, and of the

Fourteenth Amendment as further set out herein. Lt. Salomonsky is a male citizen

of the United States over the age of nineteen (19) years and is a resident citizen of

the State of Alabama.

15. Captain Charles Berry (Cpt. Berry), retired, former Captain,

Criminal Investigation Division, Madison County, Alabama, Sheriffs Office, in

his Official Capacity and in his Individual Capacity. Cpt. Berry served in that

position at all times material to this action. Cpt. Berry is a state actor for purposes

of 42 U.S.C. 1983. Cpt. Berry is sued in his Official Capacity and is sued in his

Individual Capacity pursuant to 1983 for violations of Title VII, 1981, and the

Fourteenth Amendment as further set out herein. Cpt. Berry is a male citizen of the

Page 9 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 10 of 625

United States over the age of nineteen (19) years and is a resident citizen of the

State of Alabama.

16. Defendant Madison County, Alabama (Madison County) was and is

Investigator Garcias employer and employs more than fifteen (15) employees,

and, therefore, is an employer for Title VII purposes.

17. Defendant the Madison County, Alabama Commission (Commission

Chairman Dale W. Strong and Commissioners Roger Jones, Steve Haraway, Craig

Hill, Phil Vandiver, and Phil Riddick collectively the Commission) was and is

Investigator Garcias employer and employs more than fifteen (15) employees,

and, therefore, is an employer for Title VII purposes.

18. Defendant David K. Jernigan (Chief Deputy Sheriff Jernigan) is the

former Chief Deputy Sheriff of Madison County, Alabama and served in that

position at all times material to this action. Chief Deputy Sheriff Jernigan is a state

actor for purposes of 42 U.S.C. 1983. Chief Deputy Sheriff Jernigan is sued in his

Official Capacity and is sued in his Individual Capacity pursuant to 1983 for

violations of Title VII, 1981, and the Fourteenth Amendment as further set out

herein. Chief Deputy Sheriff Jernigan is a male citizen of the United States over

the age of nineteen (19) years and is a resident citizen of the State of Alabama. 1

1
Although David K. Jernigan is no longer Chief Deputy Sheriff of Madison County, Alabama, Deputy Gray will
refer to Jernigan as Chief Deputy Sheriff Jernigan in this his Complaint. Even though Chief Deputy Sheriff
Jernigan is no longer employed by the Sheriffs Office, Chief Deputy Sheriff Jernigan continues to involve himself

Page 10 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 11 of 625

19. Defendant Dale W. Strong (Chairman Strong) is the Chairman of

the Madison County, Alabama Commission and served in that position at all times

material to this action. Chairman Strong is a state actor for purposes of 42 U.S.C.

1983. Chairman Strong is sued in his Official Capacity as Chairman of the

Madison County, Alabama Commission and in his Individual Capacity for

violations of Title VII, 1981, and the Fourteenth Amendment as further set out

herein. Chairman Strong is a male citizen of the United States over the age of

nineteen (19) years and is a resident citizen of the State of Alabama.

20. Defendant Roger Jones (Commissioner Jones) is the Commissioner

for Madison County, Alabama Commission District One and served in that

position at all times material to this action. Commissioner Jones is a state actor for

purposes of 42 U.S.C. 1983. Commissioner Jones is sued in his Official Capacity

as a Commissioner of the Madison County, Alabama Commission and in his

Individual Capacity for violations of Title VII, 1981, and the Fourteenth

Amendment as further set out herein. Commissioner Jones is a male citizen of the

United States over the age of nineteen (19) years and is a resident citizen of the

State of Alabama.

21. Defendant Steve Haraway (Commissioner Haraway) is the

Commissioner for Madison County, Alabama Commission District Two and

in matters having to do with the Sheriffs Office, including, but not limited to, training classes/seminars for
employees of the Sheriffs Office.

Page 11 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 12 of 625

served in that position at all times material to this action. Commissioner Haraway

is a state actor for purposes of 42 U.S.C. 1983. Commissioner Haraway is sued in

his Official Capacity as a Commissioner of the Madison County, Alabama

Commission and in his Individual Capacity for violations of Title VII, 1981, and

the Fourteenth Amendment as further set out herein. Commissioner Haraway is a

male citizen of the United States over the age of nineteen (19) years and is a

resident citizen of the State of Alabama.

22. Defendant Craig Hill (Commissioner Hill) is the Commissioner for

Madison County, Alabama Commission District Three and served in that position

at all times material to this action. Commissioner Hill is a state actor for purposes

of 42 U.S.C. 1983. Commissioner Hill is sued in his Official Capacity as a

Commissioner of the Madison County, Alabama Commission and in his Individual

Capacity for violations of Title VII, 1981, and the Fourteenth Amendment as

further set out herein. Commissioner Hill is a male citizen of the United States over

the age of nineteen (19) years and is a resident citizen of the State of Alabama.

23. Defendant Phil Vandiver (Commissioner Vandiver) is the

Commissioner for Madison County, Alabama Commission District Four and

served in that position at all times material to this action. Commissioner Vandiver

is a state actor for purposes of 42 U.S.C. 1983. Commissioner Vandiver is sued in

his Official Capacity as a Commissioner of the Madison County, Alabama

Page 12 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 13 of 625

Commission and in his Individual Capacity for violations of Title VII, 1981, and

the Fourteenth Amendment as further set out herein. Commissioner Vandiver is a

male citizen of the United States over the age of nineteen (19) years and is a

resident citizen of the State of Alabama.

24. Defendant Phil Riddick (Commissioner Riddick) is the

Commissioner for Madison County, Alabama Commission District Five and

served in that position at all times material to this action. Commissioner Riddick is

a state actor for purposes of 42 U.S.C. 1983. Commissioner Riddick is sued in

his Official Capacity as a Commissioner of the Madison County, Alabama

Commission and in his Individual Capacity for violations of Title VII, 1981, and

the Fourteenth Amendment as further set out herein. Commissioner Riddick is a

male citizen of the United States over the age of nineteen (19) years and is a

resident citizen of the State of Alabama.

25. Defendant Jermie Howell (Director Howell) is the Director of the

Personnel/Human Resources Department of Madison County, Alabama (the

Personnel Dept.; the Personnel/HR Dept.; the HR Dept.; and/or, HR) and

served in that position at all times material to this action. Director Howell is a state

actor for purposes of 42 U.S.C. 1983. Director Howell is sued in his Official

Capacity and in his Individual Capacity pursuant to 1983 for violations of Title

VII, 1981, and the Fourteenth Amendment as further set out herein. Director

Page 13 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 14 of 625

Howell is a male citizen of the United States over the age of nineteen (19) years

and is a resident citizen of the State of Alabama.

26. Defendant Pam Flory (Deputy Director Flory) is the Deputy

Director of the Personnel/Human Resources Department of Madison County,

Alabama (the HR Dept. and/or HR) and served in that position at all times

material to this action. Deputy Director Flory is a state actor for purposes of 42

U.S.C. 1983. Deputy Director Flory is sued in her Official Capacity and in her

Individual Capacity pursuant to 1983 for violations of Title VII, 1981, and the

Fourteenth Amendment as further set out herein. Deputy Director Flory is a female

citizen of the United States over the age of nineteen (19) years and is a resident

citizen of the State of Alabama.

F. STATEMENT OF FACTS AND CLAIMS

27. The Sheriffs Offices; Madison Countys; and, the Commissions

policies and procedures for their employees, to which Sheriff Dorning and the

Sheriffs Office agreed to be bound by and to follow, regarding complaining about

and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
Page 14 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 15 of 625

(b) The personnel department shall consist of a personnel


board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as Sheriffs Offices official policy and custom, and which was in effect

and applicable at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;

Page 15 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 16 of 625

Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

28. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office,

Sheriff Dorning, Madison County, and the Commission as their official policy and

custom which states, in pertinent part:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.

Page 16 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 17 of 625

Any supervisor or Department Head who becomes aware of possible


sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

29. Prior to December 15, 2016, the Sheriffs Office, Madison County,

Sheriff Dorning, Chief Deputy Sheriff Jernigan, the Commission, Chairman

Strong, Director Howell, and Deputy Director Flory had stressed to and made it

clear to employees of the Sheriffs Office that they were also employees of

Madison County and the Commission and that, pursuant to its policy and custom,

they were to report their being sexually harassed, or behavior that may have

violated the anti-harassment policy of the Sheriffs Office, Sheriff Dorning,

Madison County, the Commission, and the law not only to their immediate

supervisor and/or the chain of command in the Sheriffs Office but also to Director

Howell, Deputy Director Flory, Madison County Administrator Kevin Jones

(Madison County Administrator Jones), Chairman Strong. As of December 15,

2016, the policy and custom became, in pertinent part:

There is no chain of command when it comes to reporting

Page 17 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 18 of 625

harassment of any kind. Employees are not obligated to notify their


direct supervisor before contacting the County Administrator or the
Personnel Director to file a claim of harassment.

30. The Sheriffs Office, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Chairman Strong, Director Howell, and Deputy Director Flory made it clear to

employees of the Sheriffs Office:

A. That the duty and responsibility for investigating, handling, and

resolving complaints and reports of sexual harassment, or behavior that may have

violated any of the anti-harassment policies of the Sheriffs Office, Sheriff

Dorning, Madison County, and the Commission, had been delegated by the

Sheriffs Office, Sheriff Dorning, and Chief Deputy Sheriff Jernigan to their agents

Director Howell, Deputy Director Flory, Madison County Administrator Jones,

and Chairman Strong pursuant to Act No. 941 of the 1973 Regular Session of the

Alabama Legislature and the Madison County Employee Handbook;

B. That pursuant to the officially promulgated policy statement,

decision, regulation, and custom set forth in Act No. 941 of the 1973 Regular

Session of the Alabama Legislature and the Madison County Employee Handbook

and adopted by the Sheriffs Office, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, the Commission, Madison County, Chairman Strong, Director Howell,

and Deputy Director Flory, the governmental policy, custom, and agency

relationship recognized and acknowledged by the Sheriffs Office, Sheriff

Page 18 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 19 of 625

Dorning, Chief Deputy Sheriff Jernigan, the Commission, Madison County,

Chairman Strong, Director Howell, and Deputy Director Flory was that of having

Director Howell, Deputy Director Flory, and Chairman Strong be the recipients of

complaints and reports of sexual harassment, or behavior that may have violated

any of the anti-harassment policies of the Sheriffs Office, Sheriff Dorning,

Madison County; or the Commission.

C. That pursuant to such governmental policy, custom and agency

relationship that Director Howell, Deputy Director Flory, and Chairman Strong

investigate those complaints and reports, handle those complaints and reports, and

resolve those complaints and reports of sexual harassment or behavior that may

have violated the anti-harassment policies of the Sheriffs Office, Sheriff Dorning,

Madison County, and the Commission. As of December 15, 2016, the policy and

procedure, and custom eliminated the chain of command by specifically providing,

in pertinent part:

There is no chain of command when it comes to reporting


harassment of any kind. Employees are not obligated to notify their
direct supervisor before contacting the County Administrator or the
Personnel Director to file a claim of harassment.

31. In a press conference, Chairman Strong recently told The Huntsville

Times:

That he sent a two-page letter to Dorning, a copy of which he

Page 19 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 20 of 625

provided to the other six elected Madison County, Alabama Commission

Commissioners, in which he told Dorning:

Your lack of understanding of the severity and


consequences of what has occurred under your leadership
throughout your department - with practically no
discipline and your continued arrogance to say we have
done nothing wrong as the lawsuits pile upis baffling
to say the least

It appears more evident this is a pattern of


repeated conduct rather than an honest mistake

32. When interviewed by The Huntsville Times, the late Commissioner

Robert C. Harrison agreed with Chairman Strong and said he understood Chairman

Strongs frustration.

33. When interviewed by The Huntsville Times, Commissioner Vandiver

agreed with Chairman Strong.

34. Investigator Garcias check stubs state https://employeeportal.

madisoncountyal.gov/ Websites,HR.Employee/ePayroll/Paymentlt.

35. Investigator Garcia has been employed by the Sheriffs Office, Sheriff

Dorning, Madison County, Alabama, and the Commission for over twenty-one

years.

36. Investigator Garcia was hired as a Deputy Sheriff in September 1995.

37. In 2009, Investigator Garcia was promoted to investigator in the

childrens sex and physical abuse unit and assigned to the Childrens Advocacy

Page 20 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 21 of 625

Center.

38. In 2011 or 2012, Investigator Garcia transferred to the Criminal

Investigation Division (CID) as a criminal investigator.

39. In November 2014 Investigator Garcia was assigned to the Sex

Offender Registration Notification Act (SORNA) office, a unit of CID.

40. After she was assigned to the SORNA office, Investigator Garcia

complained about and reported the sexual discrimination, sexual harassment,

sexually hostile working environment, the racial discrimination, and the racially

hostile working environment at the Sheriffs Office several times to her immediate

supervisor, Sergeant Greg Free (Sgt. Free).

41. No investigation was initiated. Nothing was done to stop or correct the

violations of the law and the policies and procedures of the Sheriffs Office,

Sheriff Dorning, Madison County, and the Commission.

42. By December 2015, the workplace had become so hostile and

unbearable for Garcia that Garcia strongly complained and reported to Sgt. Free

about these matters.

43. Either the first or second week in December 2015, Investigator Garcia

went to Sgt. Frees office and told him that she had a video recording device in her

SORNA office, which she shared with a female Sheriffs Office employee,

Page 21 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 22 of 625

Anonymous2, and was making video recordings in her office:

A. Investigator Garcia told Sgt. Free that she kept the video recording

device on all the time.

B. Investigator Garcia asked Sgt. Free for advice and counsel

regarding the video recording device.

C. A couple of days later, Sgt. Free came to Investigator Garcias

office and asked her where is it? and asked her to show him the video recording

device she was using.

D. Sgt. Free is on video asking Garcia, Where is it? and Garcias

showing him the video recording device.

E. The video clock device was shown to Sgt. Free, and he and

Investigator Garcia talked about it as Sgt. Free looked at it.

F. Sgt. Free wanted to make sure the video recording device was

where Investigator Garcia told him it was, wanted to see it with his own eyes, and

wanted to make sure the video recording device was working.

G. Sgt. Free asked Investigator Garcia how she downloaded the video

recordings and Investigator Garcia explained to Sgt. Free that the video recordings

were on a SD card which she downloaded daily.

H. Sgt. Free never objected to Investigator Garcias videotaping what

2
The name and identity of the female employee of the Sheriffs Office, Sheriff Dorning, Madison County, and the
Commission will be disclosed if and when Investigator Garcia is required to do so by the Federal Rules of Civil
Procedure, the Federal Rules of Evidence, and/or, order of a Court.

Page 22 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 23 of 625

was happening in the office she shared with Anonymous.

I. Sgt. Free knew that Investigator Garcia was not in her office every

minute of the day.

J. Sgt. Free never told Investigator Garcia to stop video recording

Anonymous.

K. Sgt. Free never told Investigator Garcia to turn the video recording

device off when Investigator Garcia was out of her office.

L. Sgt. Free never told Investigator Garcia to get rid of the video

recording device.

M. Sgt. Free never told Investigator Garcia that making the video

recordings was illegal.

44. By January 2016, Investigator Garcia had worked in SORNA for

approximately fourteen (14) months.

45. On January 6, 2016, Investigator Garcia again met with Sgt. Free

complained about, reported, and opposed the sexually hostile working

environment, the sexual discrimination, the sexual harassment, the racial

discrimination, the harassment based on race, and the racially hostile working

environment in the SORNA office and in the Sheriffs Office:

A. Investigator Garcia told Sgt. Free that Anonymous was having

sexual relations with male employees of the Sheriffs Office in the SORNA office.

Page 23 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 24 of 625

B. One of the male employees of the Sheriffs Office with whom

Anonymous was having sexual relations was Sheriff Deputy Scott Carle (Deputy

Carle).

C. The video recording device recorded Anonymous giving

Deputy Carle a blowjob in the SORNA office Investigator Garcia shared with

Anonymous.

D. Captain Charles Berry (Cpt. Berry and/or Charles) was the

head of the CID division in the Sheriffs Office.

E. Cpt. Berry was both Investigator Garcias and Anonymouss

supervisor.

F. Cpt. Berry was also having sexual relations with Anonymous.

G. Cpt. Berry admitted to inappropriate sexual conduct and having

sex with Anonymous.

H. Deputy Carle admitted to inappropriate sexual conduct with

Anonymous.

I. Investigator Garcia complained and reported that Anonymouss

relationship with Cpt. Berry caused her to not be able to do her job.

J. Investigator Garcia complained and reported that Anonymous

told her almost every day, if not daily, that Charles would do whatever she told

him to do.

Page 24 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 25 of 625

K. Investigator Garcia complained and reported that Anonymous

told her almost every day, if not daily, that she (Anonymous) could do whatever

she wanted to do because whatever it was she did or did not do, Charles would take

care of her.

L. Investigator Garcia complained and reported that because of

Anonymouss relationship with Cpt. Berry, Anonymous would take over Garcias

job and tell Investigator Garcia what to do and not to do.

M. Investigator Garcia reported and complained that Anonymous

threatened her if not daily, almost daily and told her if she did not do want she

wanted her to do, she would get Charles to make her do what Anonymous wanted

Garcia to do.

N. Investigator Garcia reported and complained that this situation

created a sexually hostile working environment for her, directly affected and

involved her on a daily basis, and thereby interfered with her ability to do her job.

Investigator Garcia complained that Cpt. Berrys relationship with Anonymous

was based on sexual favoritism.

O. Investigator Garcia complained and reported that Anonymous

did what was expected of her by male supervisors in the Sheriffs Office in order to

obtain favorable performance evaluations and power in the Sheriffs Office, to get

favorable job assignments, and to further advance herself as far as the male

Page 25 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 26 of 625

dominated supervisory staff of the Sheriffs Office would allow her to advance.

P. Investigator Garcia complained about and reported that

Anonymous was using Investigator Garcias desk chair as part of her props for

giving blow jobs to male employees of the Sheriffs Office and using her desk

ruler to measure the size of male co-workers penises.

Q. Anonymous told Investigator Garcia that Cpt. Berry told her

that women have no business in law enforcement.

R. Investigator Garcia opposed the sexually hostile working

environment, the sexual discrimination, the sexual harassment, and the retaliation

for reporting and complaining about those violations of policies and procedures

and the law.

S. Cpt. Berry, a male, was not fired.

T. Anonymous, a female, was fired.

U. Investigator Garcia complained and reported that Lt.

Salomonsky had numerous inappropriate posters on his office wall. One of the

posters read NOTICE SEXUAL HARASSMENT IN THIS AREA WILL NOT

BE REPORTED, HOWEVER, IT WILL BE GRADED.

V. Chief Deputy Sheriff Jernigan had been in Lt. Salomonskys

office many times and had personally observed Lt. Salomonskys inappropriate

posters. But, Chief Deputy Sheriff approved of Lt. Salomonskys inappropriate

Page 26 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 27 of 625

posters.

W. Investigator Garcia complained and reported that Lt.

Salomonskys posters and behavior enabled and even encouraged sexual

harassment, gender discrimination, racial discrimination, and discrimination based

on color and further created a hostile working environment in the Sheriffs Office.

46. Anonymous met with Chief Deputy Sheriff Jernigan regularly.

47. Chief Deputy Sheriff Jernigan would call Anonymous and check-in

with her regularly.

48. Anonymous told Investigator Garcia that she and Chief Deputy

Sheriff Jernigan e-mailed each other a lot.

49. There were and are no females in supervisory positions within the law

enforcement side of the Sheriffs Office.

50. In January 2016, Investigator Garcia also complained about, reported,

and opposed the hostile working environment based on race, the discrimination

based on race, the racial harassment, the hostile working environment based on

national origin, the discrimination based on national origin, and the harassment

based on national origin which went on almost daily, if not daily, in the Sheriffs

Office.

51. While interviews were being held for investigator positions, Sgt.

Brian Chaffin (Sgt. Chaffin), now Lt. Chaffin (Lt. Chaffin), was on the

Page 27 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 28 of 625

interview board. Sgt. Chaffin told Investigator Garcia personally that as long as he

was in charge neither of the two African-American females, Sharon Howard or

Crystal Thornton, would ever be in CID and would never be promoted to

investigator. Investigator Garcia was offended at what Lt. Chaffin said.

Investigator Garcia told Lt. Chaffin that Deputy Crystal Thornton was a hard

worker and that Investigator Garcia was hoping she would be given an

investigators position. But, Sgt. Chaffin insisted that she would never be put in an

investigator position.

52. There is only one African-American captain, Captain Marion Bulluck

(Cpt. Bulluck), in the Sheriffs Office. Cpt. Berry refused to invite Cpt. Bulluck

to the November 2015 office Thanksgiving party. Cpt. Berry said that Cpt. Bulluck

was just a dumb nigger. Investigator Garcia found this to be offensive and that

his comments violated the law and the anti-discrimination policies and procedures

of the Sheriffs Office, Sheriff Dorning, Madison County, and the Commission.

Investigator Garcia carried a Thanksgiving dinner plate to Cpt. Bulluck in his

office since Cpt. Berry did not want nor did he invite Cpt. Bulluck to attend the

office gathering.

53. Derogatory, demeaning, and discriminatory statements, and Mexican

slurs about Hispanics/Mexicans are an everyday occurrence in the Sheriffs

Office. Most of the time the comments are made in groups of people, and it is hard

Page 28 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 29 of 625

to tell who exactly said what. Statements, such as Hispanics/Mexicans are taking

our jobs and bringing babies that we have to pay for into this country, are made.

These statements are directed to Investigator Garcia personally and are very

offensive to Investigator Garcia.

54. Investigator Garcia was told by Lt. Ron Derting (Lt. Derting) to not

help any Hispanics/Mexicans with car tags or anything else in any shape, form, or

fashion. Lt. Derting told Investigator Garcia that Hispanics/Mexicans would blow

up the Madison County, Alabama Courthouse.

55. Sheriff Whisante told Garcia not to disgrace the the Sheriffs Office

by marrying a Mexican.

56. There are constant racist comments made about Hispanics/Mexicans

in the Sheriffs Office.

57. Investigator Garcias spouse is Hispanic/Mexican. In January 2016,

Investigator Garcia complained about and reported:

A. That she was being harassed because her spouse is Mexican.

B. That she was deeply hurt, humiliated, and offended when

Investigator Jason McMinn (Investigator McMinn), an investigator in the CID

Crime Scene office, told her in the presence of other people that he bet when she

went to see her gynecologist, a bunch of Mexicans come crawling out from

between her legs.

Page 29 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 30 of 625

C. That she was deeply hurt, humiliated, and offended when

Investigator Steve Finley (Investigator Finley) asked Investigator Garcia in front

of other people whether or not Investigator Garcia needed to be arrested or if

Investigator Garcias husband was legal.

D. Investigator Garcia reported and complained about, reported,

and opposed the frequent derogatory, demeaning, and discriminatory statements

made to her about Hispanics/Mexicans and her Hispanic/Mexican husband.

58. On January 11, 2016, Investigator Garcia was demoted. Cpt. Berry

notified Sgt. Free that Investigator Garcia was being moved out of SORNA and

was being assigned as a School Resource Officer (SRO) all of which violated

Investigator Garcias Fourteenth Amendment rights and protections and her rights

and protections under Title VII and 1981 through 1983 and which deprived

Investigator Garcia of those rights and protections all of which were clearly-

established constitutional law and federally protected rights at the time the adverse

employment action was taken against Investigator Garcia and of which a

reasonable person/reasonable official/person would have known, or should have

known about, given the circumstances and information possessed by the

official/person at the time of the conduct.

59. On January 11, 2016, Investigator Garcia met with Sgt. Free again and

emphatically told him she wanted to continue to work in the SORNA office and

Page 30 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 31 of 625

that Anonymous is the one who should be reassigned and not her.

60. On January 11, 2016, Investigator Garcia met with Captain Kerry

Phillips (Cpt. Phillips). Cpt. Phillips was recently promoted to the position of

Chief Deputy Sheriff of the Madison County, Alabama Sheriffs Office thereby

replacing Chief Deputy Sheriff Jernigan who is now the Chief of Police of the City

of Madison, Alabama. During her meeting with Cpt. Phillips:

A. Investigator Garcia told Cpt. Phillips that she had placed the video

recording device in the office she shared with Anonymous.

B. Cpt. Phillips did not object to her having placed the video

recording device in the office she shared with Anonymous, did not tell her that the

recording device was illegal, and did not tell her to remove the recording device

from the office.

C. Investigator Garcia reported to Cpt. Phillips that she did not feel

she could complain to Cpt. Berry and Lt. Chaffin because of who was involved and

because Lt. Chaffin was very close to Cpt. Berry. Investigator Garcia told Cpt.

Phillips that she was fearful of retaliation against her by Cpt. Berry, Lt. Chaffin,

and Lt. Salomonsky.

D. Investigator Garcia told Cpt. Phillips that Anonymous told her

(Investigator Garcia) that Lt. Salomonsky told her (Anonymous) that Cpt. Berry

had told him (Lt. Salomonsky) to tell her (Anonymous) to keep Investigator Garcia

Page 31 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 32 of 625

in check. Pursuant to Cpt. Berrys instructions, Lt. Salomonsky had just revised

Anonymouss performance evaluation and had given Anonymous a better

performance evaluation than she (Anonymous) was first given.

61. On January 11, 2016, Cpt. Phillips contacted Chief Deputy Sheriff

Jernigan and reported Investigator Garcias complaints and opposition about what

was going on in the workplace to Chief Deputy Sheriff Jernigan.

62. On January 12, 2016, Chief Deputy Sheriff Jernigan announced that

Investigator Garcia was being removed from SORNA and being assigned to an

SRO job. The new assignment meant a demotion, a loss of prestige, a loss of

seniority, and a reduction in pay for Investigator Garcia all of which violated

Investigator Garcias Fourteenth Amendment rights and protections and her rights

and protections under Title VII and 1981 through 1983 and which deprived

Investigator Garcia of those rights and protections all of which were clearly-

established constitutional law and federally protected rights at the time the adverse

employment action was taken against Investigator Garcia and of which a

reasonable person/reasonable official/person would have known, or should have

known about, given the circumstances and information possessed by the official/

person at the time of the conduct.

63. On January 12, 2016, Investigator Garcia met with Chief Deputy

Sheriff Jernigan:

Page 32 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 33 of 625

A. Investigator Garcia tried to give Chief Deputy Sheriff Jernigan

a copy of one of the videos. Chief Deputy Sheriff Jernigan essentially told

Investigator Garcia to get rid of the video recording and told her he did not want to

see it all of which violated Investigator Garcias Fourteenth Amendment rights

and protections and her rights and protections under Title VII and 1981 through

1983 and which deprived Investigator Garcia of those rights and protections all

of which were clearly-established constitutional law and federally protected rights

at the time the adverse employment action was taken against Investigator Garcia

and of which a reasonable person/reasonable official/person would have known, or

should have known about, given the circumstances and information possessed by

the official/person at the time of the conduct.

B. Chief Deputy Sheriff Jernigan brow-beat Investigator Garcia to

the point she was crying and extremely distraught all of which violated

Investigator Garcias Fourteenth Amendment rights and protections and her rights

and protections under Title VII and 1981 through 1983 and which deprived

Investigator Garcia of those rights and protections all of which were clearly-

established constitutional law and federally protected rights at the time the adverse

employment action was taken against Investigator Garcia and of which a

reasonable person/reasonable official/person would have known, or should have

known about, given the circumstances and information possessed by the official/

Page 33 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 34 of 625

person at the time of the conduct.

C. Chief Deputy Sheriff Jernigan threatened Investigator Garcias

job all of which violated Investigator Garcias Fourteenth Amendment rights and

protections and her rights and protections under Title VII and 1981 through

1983 and which deprived Investigator Garcia of those rights and protections all

of which were clearly-established constitutional law and federally protected rights

at the time the adverse employment action was taken against Investigator Garcia

and of which a reasonable person/reasonable official/person would have known, or

should have known about, given the circumstances and information possessed by

the official/person at the time of the conduct.

D. Chief Deputy Sheriff Jernigan threatened Investigator Garcia

with criminal prosecution all of which violated Investigator Garcias Fourteenth

Amendment rights and protections and her rights and protections under Title VII

and 1981 through 1983 and which deprived Investigator Garcia of those rights

and protections all of which were clearly-established constitutional law and

federally protected rights at the time the adverse employment action was taken

against Investigator Garcia and of which a reasonable person/reasonable

official/person would have known, or should have known about, given the

circumstances and information possessed by the official/person at the time of the

conduct.

Page 34 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 35 of 625

E. Chief Deputy Sheriff Jernigan told Investigator Garcia she only

had two choices go on patrol or go to SRO. The two choices meant a demotion

for Garcia, loss of prestige for Investigator Garcia, losss of seniority, and reduction

in pay all of which violated Investigator Garcias Fourteenth Amendment rights

and protections and her rights and protections under Title VII and 1981 through

1983 and which deprived Investigator Garcia of those rights and protections all

of which were clearly-established constitutional law and federally protected rights

at the time the adverse employment action was taken against Investigator Garcia

and of which a reasonable person/reasonable official/person would have known, or

should have known about, given the circumstances and information possessed by

the official/person at the time of the conduct.

F. Investigator Garcia never requested to be transferred out of

CID, which includes SORNA. Garcia would never have voluntarily agreed to this.

G. Chief Deputy Sheriff Jernigan made it clear to Investigator

Garcia that she would have no job with the Madison County, Alabama Sheriffs

Office unless she selected one of those two jobs all of which violated

Investigator Garcias Fourteenth Amendment rights and protections and her rights

and protections under Title VII and 1981 through 1983 and which deprived

Investigator Garcia of those rights and protections all of which were clearly-

established constitutional law and federally protected rights at the time the adverse

Page 35 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 36 of 625

employment action was taken against Investigator Garcia and of which a

reasonable person/reasonable official/person would have known, or should have

known about, given the circumstances and information possessed by the official/

person at the time of the conduct.

H. Investigator Garcia had worked at the Sheriffs Office for

approximately twenty (20) years. Rather than lose everything she had worked for,

Investigator Garcia had no choice but to take one of those two positions.

Investigator Garcia told Chief Deputy Sheriff Jernigan that she would take the

SRO job if those were her only choices.

I. Chief Deputy Sheriff Jernigan intimidated and threatened

Investigator Garcia so fiercely during her January 12, 2016 meeting with him that

the distraught condition she was in was visible. all of which violated Investigator

Garcias Fourteenth Amendment rights and protections and her rights and

protections under Title VII and 1981 through 1983 and which deprived

Investigator Garcia of those rights and protections all of which were clearly-

established constitutional law and federally protected rights at the time the adverse

employment action was taken against Investigator Garcia and of which a

reasonable person/reasonable official/person would have known, or should have

known about, given the circumstances and information possessed by the official/

person at the time of the conduct. Chief Deputy Sheriff Jernigan told Investigator

Page 36 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 37 of 625

Garcia that he did not want anybody to see her in that condition and made her

leave by the back door of his office. Chief Deputy Sheriff Jernigan told

Investigator Garcia to take two (2) days off to try to regain her composure.

J. Erica Cagle (Cagle), an employee of the Sheriffs Office,

Sheriff Dorning, Madison County, and the Commission tried to attend Investigator

Garcias January 12, 2016 meeting with Chief Deputy Sheriff Jernigan. Cagle was

not allowed to attend the meeting.

K. Cagle waited for Investigator Garcia to come out of her meeting

with Chief Deputy Sheriff Jernigan. Cagle personally observed the mental and

emotional condition Investigator Garcia was in when she came out of the meeting

with Chief Deputy Sheriff Jernigan. Cagle personally observed that Investigator

Garcia was crying and emotionally distraught. Investigator Garcias condition was

so bad that Cagle even cried.

L. Investigator Garcia told Cagle that it was so bad in the meeting

with Chief Deputy Sheriff Jernigan that he made her wish she had never

complained and reported the things she was reporting.

M. Investigator Garcia asked Cagle to go to her car and get her

sunglasses because she did not want anybody to see her in that condition.

N. The manner in which Chief Deputy Sheriff Jernigan treated

Investigator Garcia on January 12, 2016 and the way he handled her reports,

Page 37 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 38 of 625

complaints, and opposition to the violations of law and the policies and procedures

of the Sheriffs Office, Sheriff Dorning, Madison County, and the Commission

sent a message to female employees of the Sheriffs Office, Sheriff Dorning,

Madison County, and the Commission that if they complain about sexual

harassment, sexual discrimination, and a sexually hostile working environment,

they would be seriously retaliated against and punished all of which would

violate their Fourteenth Amendment rights and protections and their rights and

protections under Title VII and 1981 through 1983 and which would deprive

them of those rights and protections. Chief Deputy Sheriff Jernigan knew, or

should have known, at the time he threatened, intimidated, and demoted

Investigator Garcia that what he was doing was in violation of clearly established

constitutional law and her clearly established federally protected statutory rights. A

reasonable person/official in Chief Deputy Sheriff Jernigans position would have

known, or should have known, given the circumstances and information possessed

by the official/person at the time of the conduct, that such adverse employment

actions were in violation of clearly established constitutional law and clearly

established federally protected statutory rights.

64. Lt. Chaffin who was very close to Cpt. Berry also threatened Garcia

several times and accused her of insubordination and disobedience.

65. Chief Deputy Sheriff Jernigan, Sheriff Dorning, Director Howell,

Page 38 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 39 of 625

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission jointly retaliated against Investigator Garcia in blatant

violation of the law and the policies and procedures of the Sheriffs Office, Sheriff

Dorning, Madison County, and, the Commission, as she feared they would do;

moved her out of SORNA; demoted her into a job with less prestige and Two

Hundred Dollars ($200.00) less pay per month; and, was threatening to criminally

prosecute Investigator Garcia all of which violated Investigator Garcias

Fourteenth Amendment rights and protections and her rights and protections under

Title VII and 1981 through 1983 and which deprived Investigator Garcia of

those rights and protections all of which were clearly-established constitutional

law and federally protected rights at the time the adverse employment actions were

taken against Investigator Garcia and of which a reasonable person/reasonable

official/person would have known, or should have known about, given the

circumstances and information possessed by the official/person at the time of the

conduct. Deputy Garcia turned to the policies and procedures which employees of

the Sheriffs Office, Sheriff Dorning, Madison County, and the Commission were

to follow in such circumstances.

66. The Madison County Employee Handbook adopted by the Madison

County Personnel Board on June 11, 2015 which was in effect in 2016 is

unequivocally clear:

Page 39 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 40 of 625

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in
the service of the county:

c. All employees of the County Sheriff;

Page 48

Appendix 2:
HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256) 532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels
that they cannot talk with Howell, Flory or Jones, reports should
be made to Madison County Commission Chairman Dale Strong
(256) 532-3492

(emphasis added)

67. Deputy Garcia3 waited about two (2) weeks after her January 12, 2016

meeting with Chief Deputy Sheriff Jernigan before going to see Director Howell

and Deputy Director Flory in the Personnel/Human Resources Office of Madison

3
Investigator Garcia had been demoted from Investigator to Deputy on or about January 12, 2016.

Page 40 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 41 of 625

County, the Sheriffs Office, Sheriff Dorning, and the Commission. Deputy Garcia

met with Director Howell and Deputy Director Flory on or about February 1, 2016.

68. Director Howell told Deputy Garcia he had to notify Chief Deputy

Sheriff Jernigan that she was coming to see him.

69. Director Howell told Deputy Garcia that Chief Deputy Sheriff

Jernigan wanted to know what she wanted, that he thought everything was over.

70. Deputy Garcia told Director Howell it was not over, that she had been

retaliated against for reporting and complaining about the sexual discrimination,

gender discrimination, the sexually hostile working environment, the racial

discrimination, and the racially hostile working environment at the Sheriffs

Office, Madison County, and the Commission.

71. Deputy Garcia told Director Howell that she did not ask to be

transferred out of SORNA and that the transfer was against what she wanted.

Deputy Garcia told Director Howell that she wanted to keep her job in SORNA

and that she wanted to be transferred back into SORNA.

72. Deputy Garcia told Director Howell that neither Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Lt. Chaffin, Lt. Salomonsky nor anyone else would

do anything to stop or correct the violations of the law and the policies and

procedures of the Sheriffs Office, Sheriff Dorning, Madison County, and the

Commission.

Page 41 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 42 of 625

73. Deputy Garcia told Director Howell that the workplace had become so

hostile and unbearable for her by December 2015 that something had to be done

because it was interfering with her ability to do her job.

74. Deputy Garcia complained and reported to Director Howell and

Deputy Director Flory that what Anonymous was doing was what the male

dominated Sheriffs Office expected of and required of female employees in the

Sheriffs Office to get good performance evaluations, good job assignments, and

promotions.

75. Director Howell and Deputy Director Flory took a copy of one of the

video recordings and said they would give it to Chief Deputy Sheriff Jernigan.

76. Director Howell told Deputy Garcia he would have to give the

information she provided to him to Jeff Rich (Rich), Madison Countys attorney.

77. Deputy Garcia did not hear anything else from Director Howell or

Deputy Director Flory.

78. On March 4, 2016, Deputy Garcias counsel wrote a letter on behalf

of Deputy Garcia to Rich; Sheriff Dorning; and, Chairman Strong demanding a

meeting with Chairman Strong, as provided by the policies and procedures of the

Sheriffs Office, Sheriff Dorning, Madison County, and the Commission. Deputy

Garcia also demanded an independent investigation by the Alabama Bureau of

Investigation and the United States Department of Justice. In blatant, egregious,

Page 42 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 43 of 625

intentional, and willful violation of the policies and procedures of the Sheriffs

Office, Sheriff Dorning, Madison County, and the Commission, Chairman Strong

refused to meet with Deputy Garcia and refused to conduct an investigation all of

which violated Investigator Garcias Fourteenth Amendment rights and protections

and her rights and protections under Title VII and 1981 through 1983 and which

deprived Investigator Garcia of those rights and protections all of which were

clearly-established constitutional law and federally protected rights at the time the

adverse employment action was taken against Investigator Garcia and of which a

reasonable person/reasonable official/person would have known, or should have

known about, given the circumstances and information possessed by the

official/person at the time of the conduct.

79. In or about March 2016, Lt. Salomonsky was promoted to the rank of

Captain and is now Captain Salomonsky. (Cpt. Salomonsky). Cpt. Salomonsky

replaced Cpt. Berry as head of the CID in the Sheriffs Office.

80. Deputy Garcia filed her first Charge with the EEOC on March 28,

2016.

81. On April 5, 2016, Deputy Garcia again met with Chief Deputy Sheriff

Jernigan. Chief Deputy Sheriff Jernigan, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission in a joint decision again retaliated against Deputy Garcia for

Page 43 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 44 of 625

reporting, complaining about, and opposing the unlawful discrimination in the

workplace. Chief Deputy Sheriff Jernigan, Sheriff Dorning, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission in a joint decision gave Deputy Garcia a two (2)-day

suspension without pay all of which violated Investigator Garcias Fourteenth

Amendment rights and protections and her rights and protections under Title VII

and 1981 through 1983 and which deprived Investigator Garcia of those rights

and protections all of which were clearly-established constitutional law and

federally protected rights at the time the adverse employment action was taken

against Investigator Garcia and of which a reasonable person/reasonable

official/person would have known, or should have known about, given the

circumstances and information possessed by the official/person at the time of the

conduct..

82. On April 5, 2016, Chief Deputy Sheriff Jernigan offered Deputy

Garcia a job in CID. Chief Deputy Sheriff Jernigan did not offer Deputy Garcia her

old job as CID investigator in the SORNA office.

83. Because Deputy Garcia needed her pay restored to what it was in

January 2016 before she was demoted, on April 11, 2016, Deputy Garcia accepted

the job in CID as a General Crimes Investigator.

84. Deputy Garcia filed her second Charge with the EEOC on April 27,

Page 44 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 45 of 625

2016.

85. Investigator Garcia did not start work as a General Crimes

Investigator until June 2016.

86. Investigator Garcias pay was reduced by $200.00 per month from

about January 10, 2016 until about June 25, 2016. Investigator Garcias full pay

was not restored until about June 25, 2016.

87. When Deputy Garcia was put back in CID, she was demoted once

again. Investigator Garcia went from India 4 to India 14, having no seniority.

Before her demotion, Investigator Garcia was India 4, the second highest

investigator in CID. India 14 was the lowest ranking of an investigator in CID.

Investigator Garcia was recently lowered to India 15 now the next to lowest

seniority ranking of an investigator in CID. Investigator Garcia lost her seniority

which adversely impacted her and her job all of which violated Investigator

Garcias Fourteenth Amendment rights and protections and her rights and

protections under Title VII and 1981 through 1983 and which deprived

Investigator Garcia of those rights and protections all of which were clearly-

established constitutional law and federally protected rights at the time the adverse

employment action was taken against Investigator Garcia and of which a

reasonable person/reasonable official/person would have known, or should have

known about, given the circumstances and information possessed by the official/

Page 45 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 46 of 625

person at the time of the conduct.

88. When Investigator Garcia was put back in CID, Chief Deputy Sheriff

Jernigan, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission in a joint

decision assigned Investigator Garcia to a room which only had a desk and folding

chair in it. The room was dirty. The room was remotely located away from her co-

workers in CID. Investigator Garcia was isolated. The isolation caused Investigator

Garcia severe mental and emotional anguish all of which violated Investigator

Garcias Fourteenth Amendment rights and protections and her rights and

protections under Title VII and 1981 through 1983 and which deprived

Investigator Garcia of those rights and protections all of which were clearly-

established constitutional law and federally protected rights at the time the adverse

employment action was taken against Investigator Garcia and of which a

reasonable person/reasonable official/person would have known, or should have

known about, given the circumstances and information possessed by the

official/person at the time of the conduct.

89. It was futile for Investigator Garcia to again meet with Director

Howell, Deputy Director Flory, Chief Deputy Sheriff Jernigan, Lt. Chaffin, Cpt.

Salomonsky, or anybody else.

90. In the spring of 2017, Investigator Garcia was reassigned to the

Page 46 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 47 of 625

SORNA office in the CID in the Sheriffs Office as an Investigator.

91. During her years as a Deputy and an Investigator, Garcia has received

good performance evaluations.

92. On April 5, 2016, after I complained about, reported, and opposed the

sexual discrimination, the sexual harassment, the sexually hostile working

environment, the racial discrimination, the racial harassment, the racially hostile

working environment, the discrimination based on the national origin of my

husband, the harassment based on the national origin of my husband, and the

hostile working environment based on the national origin of my husband, Chief

Deputy Sheriff Jernigan gave Deputy Garcia a Warning, accused her of

misconduct, insubordination, disobedience, and suspended Deputy Garcia for two

days without pay.

93. Up to January 2016, Investigator Garcia had an impeccable record in

the Sheriffs Office.

94. The retaliation against Investigator Garcia began immediately after

she complained and reported how she was being sexually harassed and the sexually

hostile working environment in which she was working.

95. The retaliation against Investigator Garcia as well as the harassment

of Investigator Garcia has been severe and frequent.

96. Chief Deputy Sheriff Jernigan, Sheriff Dorning, Director Howell,

Page 47 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 48 of 625

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission all were jointly and intricately involved in Investigator

Garcias complaints and reports of sexual discrimination, sexual harassment, a

sexually hostile working environment and her opposition thereto. Chief Deputy

Sheriff Jernigan, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission all

were jointly and intricately involved in Investigator Garcias complaints and

reports of racial discrimination, harassment based on race, and a racially hostile

working environment and her opposition thereto. All were jointly and intricately

involved in the adverse employment actions taken in retaliation against Garcia.

97. The retaliation. discrimination, and adverse employment actions against

Investigator Garcia has had a chilling effect on employees of the Sheriffs Office,

Sheriff Dorning, Madison County, and the Commission who work in the Sheriffs

Office and for Sheriff Dorning reporting and complaining about violations of the

anti-discrimination policies and procedures of the Sheriffs Office, Sheriff Dornng,

Madison County, and the Commission; violations of Title VII protections;

violations of 1981; and, violations of the Equal Protection Clause of the U.S.

Constitution the Fourteenth Amendment through 1983. The retaliation,

discrimination, and adverse employment actions taken against Investigator Garcia

sent a signal to employees of the Sheriffs Office, Sheriff Dorning, Madison

Page 48 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 49 of 625

County, and the Commission who work in the Sheriffs Office and for Sheriff

Dorning that if they complain about, report, and/or oppose racial discrimination, a

racially hostile working environment, racial harassment, sexual harassment,

discrimination based on sex, etc. they will face punishment and retaliation.

98. Deputy Shelby Holt (Deputy Holt) talked to Investigator Garcia on

or about August 7, 2016 for advice about what she should do regarding how she

was being sexually harassed, discriminated based on sex, and working in a

sexually hostile working environment.

99. Several female employees in the Sheriffs Office confided in

Investigator Garcia about how they were being sexually harassed, discriminated

against based on their sex, and working in a sexually hostile working environment.

However, they were afraid of being retaliated against if they complained about,

reported, and opposed the sexual harassment they were being subjected to, how

they were being discriminated against based on their sex, and their working in a

sexually hostile working environment.

100. Several female employees in the Sheriffs Office confided in

Investigator Garcia about how they were being racially harassed, discriminated

against based on their race, and working in a racially hostile working environment.

However, they were afraid of being retaliated against if they complained about,

reported, and opposed the racial harassment they were being subjected to, how

Page 49 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 50 of 625

they were being discriminated against based on their race, and their working in a

racially hostile working environment.

101. Male employees of the Sheriffs Office, with the exception of any

male employee, like Deputy Greg Gray, who complained about, reported, and/or

opposed sexual discrimination, sexual harassment, and a sexually hostile working

environment, were treated better, more favorably, and differently than was

Investigator Garcia and other female employees of the Sheriffs Office, Madison

County, and the Commission who worked in the Sheriffs Office:

A. Sgt. Stacey Rutherford (Sgt. Rutherford) dated and made

pictures of a female employee of the Sheriffs Office posing on the hood of his

patrol car or another patrol car. Sgt. Rutherford was not fired. Upon information

and belief, the female employees husband tried to kill her, but ended-up killing

himself. Sgt. Rutherford was not fired.

B. Sgt. Rutherford sexually harassed a female Sheriffs Office

employee who worked with him in the Madison County Jail. Sgt. Rutherford was

not fired.

C. A female employee of the Sheriffs Office had sexual relations

with Cpt. Berry in exchange for favors including more favorable personnel

evaluations and awards. Cpt. Berry was not fired.

D. After getting very personal nude pictures of Deputy Holt

Page 50 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 51 of 625

from her cell phone without her permission and knowledge and publishing them to

other employees of the Sheriffs Office, employee John Sheldon was not fired.

E. Deputy James King (Deputy King) was not fired for

publishing very personal nude pictures of Holt to other employees of the Sheriffs

Office.

F. Deputy King was not fired for sending pictures of his penis to

Deputy Holt.

G. Deputy King told Investigator Garcia that Cpt. Salomonsky and

Lt. Brooks lied about the beating involving Justin Watson. They said no reports

had been made when they had actually made reports and signed off on them.

H. Cpt. Salomonsky told Investigator Garcia that this may be the

end of Big Sal.

I. Sgt. Rutherford was not fired for sending pictures of his penis

to Deputy Holt.

J. A male employee of the Sheriffs Office sexually assaulted a

female employee of the Sheriffs Office. The names of the Sheriffs Office

employees involved in this matter will be provided and disclosed at an appropriate

time and in an appropriate way. The male employee was not fired.

K. Male employees of the Sheriffs Office would not file reports of

sexual harassment against females involving non-employees of the Sheriffs Office

Page 51 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 52 of 625

For example, Sgt. Timothy Whisante (Sgt. Whisante) would not file a report for

a young female who was sexually harassed and sexually touched by her store

manager. The girls mother complained.

L. Lt. Patton was caught having sex with one of the female

Detention Officers. Lt. Patton was not fired. There is a video recording of this.

M. Sgt. Brooks had an affair with a Madison County, Alabama

Sheriffs Office dispatcher. He was not fired.

N. Sgt. Cross had an affair with a Madison County, Alabama

Sheriffs Office dispatcher at the 911 Center. He was not fired.

O. Chief Deputy Sheriff Jernigan made inappropriate sexual

comments about female employees of the Sheriffs Office For example, Chief

Deputy Sheriff Jernigan told Cagle that female employee Megan Dornings code

should be 6969; Chief Deputy Sheriff Jernigan told others in regard to Deputy

Holt, Man what I would do to that; Chief Deputy Sheriff Jernigan told Megan

Wimbs that he wished she had not told him that Cagle was changing clothes so he

could have walked in on her. No disciplinary action was taken against Chief

Deputy Sheriff Jernigan

P. Chief Deputy Sheriff Jernigan was accused of sexual

harassment when he worked for the Federal Bureau of Investigation (the FBI).

Q. Cagle reported and complained to Cpt. Phillips, Director

Page 52 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 53 of 625

Howell, and Deputy Director Flory about a male Sheriff Offices employee Tim

Clarks (Clark) sexually harassing her and telling people that she was fucking

an inmate. Clark had hit on Cagle many times, constantly asking her to go to

bars with him and go to eat with him and sent text messages to her. Clark is a

friend of Sheriff Dornings. Chief Deputy Sheriff Jernigan and Sheriff Dorning

retaliated against Cagle by taking her cell phone away from her knowing that it

was her only means of communication with her mother who was dying and close

to death. Chief Deputy Sheriff Jernigans and Sheriff Dornings actions had a very

chilling effect on not only Cagle, but other Sheriffs Dept. female employees

regarding complaining about and reporting sexual harassment and a sexually

hostile work environment at the Sheriffs Office. Clark was not fired.

R. Deputy Brent Patterson (Deputy Patterson) had a sexual affair

with a local female Madison County, Alabama school official. Deputy Patterson

was in charge of school resource officers provided to the Madison County,

Alabama schools by the Sheriffs Dept. Deputy Patterson was not fired. Deputy

Patterson lied to Cpt. Phillips about what had happened. Deputy Patterson was not

fired.

S. Deputy Jerome Heard (Deputy Heard), a Madison County

school resource officer provided to Meridianville Middle School by the Sheriffs

Office was indicted for sex with a minor female at the school. Deputy Heard was

Page 53 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 54 of 625

not fired.

T. Sheriffs Dept. Investigator Roland Campos (Investigator

Campos) was recently arrested and charged with two counts of first-degree sexual

abuse involving a juvenile. Investigator Campos was earlier involved in the sexual

abuse of his granddaughter. The earlier matter was swept under the rug by the

Sheriffs Office. Sheriffs Office Lt. Chaffin has the details regarding these

matters.

U. There are numerous other incidents of male employees of the

Sheriffs Office in the course of their exercise of authority over female employees

of the Sheriffs Office, Madison County, and the Commission exploiting those

female employees, providing job security, providing revised performance

evaluations, and taking care of pay mistakes in exchange for sexual favors and

attention. None of those male employees of the Sheriffs Office, Madison County,

or the Commission have been fired. In fact, several of those male employees have

been promoted.

102. Investigator Garcia was retaliated against jointly by Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission for

complaining about, reporting, and opposing the sexual discrimination, the sexual

harassment, the sexually hostile working environment, the racial discrimination,

Page 54 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 55 of 625

the racial harassment, and the racially hostile working environment and for trying

to seek help all of which violated Investigator Garcias Fourteenth Amendment

rights and protections and her rights and protections under Title VII and 1981 and

which deprived Investigator Garcia of those rights and protections all of which

were clearly-established constitutional law and federally protected rights at the

time the adverse employment action was taken against Investigator Garcia and of

which a reasonable person/reasonable official would have known or should have

known about, given the circumstances and information possessed by the

official/person at the time of the conduct.

G. CLAIMS BASED ON SEX AND RETALIATION

COUNT I
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST SHERIFF BLAKE L. DORNING IN HIS
OFFICIAL CAPACITY AS SHERIFF OF MADISON COUNTY,
ALABAMA
(ASSERTED VIA 42 U.S.C. 1983)

103. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 102 above with the same force and effect as if fully set out in specific

detail herein below.

104. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

Page 55 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 56 of 625

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry,

Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of sex with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

105. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Lt. Chaffins Cpt.

Berrys, Cpt. Salomonskys, Director Howells, Deputy Director Florys,

Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint decisions regarding the adverse employment actions taken

against Investigator Garcia not only instigated, but ratified, confirmed, and

affirmed such unlawful discrimination and retaliation against Investigator Garcia.

106. Sheriff Dornings, Cpt. Berrys, Cpt. Salomonskys, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint adverse employment actions taken

against Investigator Garcia enabled former Chief Deputy Sheriff Jernigans and Lt.

Chaffins unlawful discriminatory behavior and retaliation against Investigator

Garcia by ratifying, confirming, and affirming Chief Deputy Sheriff and Lt.

Page 56 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 57 of 625

Chaffins unlawful behavior by not stopping and/or preventing Chief Deputy

Sheriffs Jernigans unlawful behavior against Investigator Garcia.

107. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission ratified, confirmed, and

affirmed the unlawful behavior described above by not investigating and/or by not

adequately investigating Investigator Garcias complaints and reports of such

unlawful behavior and by subjecting Investigator Garcia to disparate disciplinary

treatment.

108. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission enabled such unlawful

behavior by ratifying, confirming, and affirming such unlawful behavior and by

not stopping and/or preventing such unlawful behavior.

109. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

shown by the adverse employment actions taken against her which are set forth

Page 57 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 58 of 625

above.

110. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

111. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

environment, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to ongoing acts of retaliation, as set out above. Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission jointly subjected Investigator Garcia to an unlawful

retaliatory hostile environment.

112. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission have jointly violated the

proscriptions against retaliation, sexual harassment, sexual discrimination, and a

sexually hostile working environment found in Title VII and the equal protection

Page 58 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 59 of 625

of the laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

113. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission failed to take effective

remedial action to end the sexual discrimination, sexual harassment, and the

sexually hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

114. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

described above was done with malice and/or reckless disregard of and/or

deliberate indifference to Investigator Garcias federally protected rights.

115. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

Page 59 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 60 of 625

116. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

117. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

118. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

119. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT II
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST SHERIFF BLAKE L. DORNING IN HIS
INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)
Page 60 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 61 of 625

120. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 120 above with the same force and effect as if fully set out in specific

detail herein below.

121. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry,

Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of sex with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

122. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

123. Sheriff Dornings, Cpt. Berrys, Cpt. Salomonskys, Director


Page 61 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 62 of 625

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint adverse employment actions taken

against Investigator Garcia enabled former Chief Deputy Sheriff Jernigans and Lt.

Chaffins unlawful discriminatory behavior and retaliation against Investigator

Garcia by ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans

unlawful behavior by not stopping and/or preventing Chief Deputy Sheriffs

Jernigans unlawful behavior against Investigator Garcia.

124. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission ratified, confirmed, and

affirmed the unlawful behavior described above by not investigating and/or by not

adequately investigating Investigator Garcias complaints and reports of such

unlawful behavior and by subjecting Investigator Garcia to disparate disciplinary

treatment.

125. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission enabled such unlawful

behavior by ratifying, confirming, and affirming such unlawful behavior and by

not stopping and/or preventing such unlawful behavior.

126. Moreover, in retaliation for her opposition to and complaints of sexual

Page 62 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 63 of 625

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Lt. Chaffin, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission as shown by the adverse employment actions taken against her which

are set forth above.

127. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

128. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

environment, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to ongoing acts of retaliation, as set out above. Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission jointly subjected Investigator Garcia to an unlawful

retaliatory hostile environment.

Page 63 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 64 of 625

129. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission have jointly violated the

proscriptions against retaliation, sexual harassment, sexual discrimination, and a

sexually hostile working environment found in Title VII and the equal protection

of the laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

130. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission failed to take effective

remedial action to end the sexual discrimination, sexual harassment, and the

sexually hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

131. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

described above was done with malice and/or reckless disregard of and/or

Page 64 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 65 of 625

deliberate indifference to Investigator Garcias federally protected rights.

132. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

133. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

134. Sheriff Dorning, in his individual capacity, is not afforded immunity

protection because, as stated above, a reasonable official/person in his respective

position would have known, or should have known, that his actions would violate a

constitutional right and/or statutory right that was clearly established at the time

of the violations described herein.

135. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

136. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

Page 65 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 66 of 625

judgment is her only means of securing adequate relief.

137. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT III
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST CHIEF DEPUTY SHERIFF DAVID K.
JERNIGAN IN HIS OFFICIAL CAPACITY AS CHIEF DEPUTY SHERIFF
OF MADISON COUNTY, ALABAMA
(ASSERTED VIA 42 U.S.C. 1983)

138. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 137 above with the same force and effect as if fully set out in specific

detail herein below.

139. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry,

Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

Page 66 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 67 of 625

discriminating against Investigator Garcia on the basis of sex with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

140. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

141. Sheriff Dornings, Cpt. Berrys, Cpt. Salomonskys, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint adverse employment actions taken

against Investigator Garcia enabled former Chief Deputy Sheriff Jernigans and Lt.

Chaffins unlawful discriminatory behavior and retaliation against Investigator

Garcia by ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans and

Lt. Chaffins unlawful behavior by not stopping and/or preventing Chief Deputy

Sheriffs Jernigans unlawful behavior against Investigator Garcia.

142. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Page 67 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 68 of 625

Sheriffs Office, Madison County, and the Commission ratified, confirmed, and

affirmed the unlawful behavior described above by not investigating and/or by not

adequately investigating Investigator Garcias complaints and reports of such

unlawful behavior and by subjecting Investigator Garcia to disparate disciplinary

treatment.

143. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission enabled such unlawful

behavior by ratifying, confirming, and affirming such unlawful behavior and by

not stopping and/or preventing such unlawful behavior.

144. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Lt. Chaffin, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission as shown by the adverse employment actions taken against her which

are set forth above.

145. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

Page 68 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 69 of 625

management.

146. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

environment, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to ongoing acts of retaliation, as set out above. Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission jointly subjected Investigator Garcia to an unlawful

retaliatory hostile environment.

147. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission have jointly violated the

proscriptions against retaliation, sexual harassment, sexual discrimination, and a

sexually hostile working environment found in Title VII and the equal protection

of the laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

148. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission failed to take effective

Page 69 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 70 of 625

remedial action to end the sexual discrimination, sexual harassment, and the

sexually hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

149. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

described above was done with malice and/or reckless disregard of and/or

deliberate indifference to Investigator Garcias federally protected rights.

150. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

151. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

Page 70 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 71 of 625

anguish, loss of enjoyment of life, inconvenience, and humiliation.

152. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

153. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

154. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT IV
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST CHIEF DEPUTY SHERIFF DAVID K.
JERNIGAN IN HIS INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

155. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 154 above with the same force and effect as if fully set out in specific

detail herein below.

156. As set forth above, Investigator Garcia was willfully and/or


Page 71 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 72 of 625

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry,

Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of sex with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

157. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

158. Sheriff Dornings, Cpt. Berrys, Cpt. Salomonskys, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint adverse employment actions taken

against Investigator Garcia enabled former Chief Deputy Sheriff Jernigans and Lt.

Chaffins unlawful discriminatory behavior and retaliation against Investigator

Page 72 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 73 of 625

Garcia by ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans and

Lt. Chaffins unlawful behavior by not stopping and/or preventing Chief Deputy

Sheriffs Jernigans unlawful behavior against Investigator Garcia.

159. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission ratified, confirmed, and

affirmed the unlawful behavior described above by not investigating and/or by not

adequately investigating Investigator Garcias complaints and reports of such

unlawful behavior and by subjecting Investigator Garcia to disparate disciplinary

treatment.

160. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission enabled such unlawful

behavior by ratifying, confirming, and affirming such unlawful behavior and by

not stopping and/or preventing such unlawful behavior.

161. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

Page 73 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 74 of 625

shown by the adverse employment actions taken against her which are set forth

above.

162. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

163. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

environment, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to ongoing acts of retaliation, as set out above.

164. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to an unlawful retaliatory hostile environment.

165. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission have jointly violated the

proscriptions against retaliation, sexual harassment, sexual discrimination, and a

Page 74 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 75 of 625

sexually hostile working environment found in Title VII and the equal protection

of the laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

166. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission failed to take effective

remedial action to end the sexual discrimination, sexual harassment, and the

sexually hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

167. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

described above was done with malice and/or reckless disregard of and/or

deliberate indifference to Investigator Garcias federally protected rights.

168. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

Page 75 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 76 of 625

to those violations.

169. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

170. Chief Deputy Sheriff Jernigan, in his individual capacity, is not

afforded immunity protection because, as stated above, a reasonable official/person

in his respective position would have known, or should have known, that his

actions would violate a constitutional right and/or statutory right that was clearly

established at the time of the violations described herein.

171. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

172. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

173. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Page 76 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 77 of 625

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT V
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST CAPTAIN CHARLES BERRY IN HIS
OFFICIAL CAPACITY AS A CAPTAIN IN THE SHERIFFS OFFICE OF
MADISON COUNTY, ALABAMA
(ASSERTED VIA 42 U.S.C. 1983)

174. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 173 above with the same force and effect as if fully set out in specific

detail herein below.

175. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry,

Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of sex with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

Page 77 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 78 of 625

176. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

177. Sheriff Dornings, Cpt. Berrys, Cpt. Salomonskys, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint adverse employment actions taken

against Investigator Garcia enabled former Chief Deputy Sheriff Jernigans

unlawful discriminatory behavior and retaliation against Investigator Garcia by

ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans unlawful

behavior by not stopping and/or preventing Chief Deputy Sheriffs Jernigans

unlawful behavior against Investigator Garcia.

178. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission ratified, confirmed, and

affirmed the unlawful behavior described above by not investigating and/or by not

adequately investigating Investigator Garcias complaints and reports of such

unlawful behavior and by subjecting Investigator Garcia to disparate disciplinary

Page 78 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 79 of 625

treatment.

179. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission enabled such unlawful

behavior by ratifying, confirming, and affirming such unlawful behavior and by

not stopping and/or preventing such unlawful behavior.

180. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

shown by the adverse employment actions taken against her which are set forth

above.

181. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

182. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

environment, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Page 79 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 80 of 625

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to ongoing acts of retaliation, as set out above. Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission jointly subjected Investigator Garcia to an unlawful

retaliatory hostile environment.

183. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission have jointly violated the

proscriptions against retaliation, sexual harassment, sexual discrimination, and a

sexually hostile working environment found in Title VII and the equal protection

of the laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

184. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission failed to take effective

remedial action to end the sexual discrimination, sexual harassment, and the

sexually hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

Page 80 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 81 of 625

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

185. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

described above was done with malice and/or reckless disregard of and/or

deliberate indifference to Investigator Garcias federally protected rights.

186. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

187. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

188. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

189. Investigator Garcia has no plain, adequate, or complete remedy at law

Page 81 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 82 of 625

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

190. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT VI
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST CAPTAIN CHARLES BERRY IN HIS
INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

191. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 190 above with the same force and effect as if fully set out in specific

detail herein below.

192. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry,

Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the
Page 82 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 83 of 625

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of sex with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

193. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

194. Sheriff Dornings, Cpt. Berrys, Cpt. Salomonskys, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint adverse employment actions taken

against Investigator Garcia enabled former Chief Deputy Sheriff Jernigans

unlawful discriminatory behavior and retaliation against Investigator Garcia by

ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans unlawful

behavior by not stopping and/or preventing Chief Deputy Sheriffs Jernigans

unlawful behavior against Investigator Garcia.

195. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Page 83 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 84 of 625

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission ratified, confirmed, and

affirmed the unlawful behavior described above by not investigating and/or by not

adequately investigating Investigator Garcias complaints and reports of such

unlawful behavior and by subjecting Investigator Garcia to disparate disciplinary

treatment.

196. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission enabled such unlawful

behavior by ratifying, confirming, and affirming such unlawful behavior and by

not stopping and/or preventing such unlawful behavior.

197. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

shown by the adverse employment actions taken against her which are set forth

above.

198. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

Page 84 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 85 of 625

working environment in the Sheriffs Office to multiple levels of supervision and

management.

199. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

environment, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to ongoing acts of retaliation, as set out above. Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission jointly subjected Investigator Garcia to an unlawful

retaliatory hostile environment.

200. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission have jointly violated the

proscriptions against retaliation, sexual harassment, sexual discrimination, and a

sexually hostile working environment found in Title VII and the equal protection

of the laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

201. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Page 85 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 86 of 625

Sheriffs Office, Madison County, and the Commission failed to take effective

remedial action to end the sexual discrimination, sexual harassment, and the

sexually hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

202. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

described above was done with malice and/or reckless disregard of and/or

deliberate indifference to Investigator Garcias federally protected rights.

203. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

204. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

Page 86 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 87 of 625

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

205. Cpt. Berry, in his individual capacity, is not afforded immunity

protection because, as stated above, a reasonable official/person in his respective

position would have known, or should have known, that his actions would violate a

constitutional right and/or statutory right that was clearly established at the time

of the violations described herein.

206. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

207. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

208. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT VII
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
Page 87 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 88 of 625

RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH


AMENDMENT AGAINST CAPTAIN MICHAEL SALOMONSKY IN HIS
OFFICIAL CAPACITY AS A CAPTAIN IN THE SHERIFFS OFFICE OF
MADISON COUNTY, ALABAMA
(ASSERTED VIA 42 U.S.C. 1983)

209. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 208 above with the same force and effect as if fully set out in specific

detail herein below.

210. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry,

Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of sex with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

211. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

Page 88 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 89 of 625

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

212. Sheriff Dornings, Cpt. Berrys, Cpt. Salomonskys, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint adverse employment actions taken

against Investigator Garcia enabled former Chief Deputy Sheriff Jernigans

unlawful discriminatory behavior and retaliation against Investigator Garcia by

ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans unlawful

behavior by not stopping and/or preventing Chief Deputy Sheriffs Jernigans

unlawful behavior against Investigator Garcia.

213. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission ratified, confirmed, and

affirmed the unlawful behavior described above by not investigating and/or by not

adequately investigating Investigator Garcias complaints and reports of such

unlawful behavior and by subjecting Investigator Garcia to disparate disciplinary

treatment.

214. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission enabled such unlawful

Page 89 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 90 of 625

behavior by ratifying, confirming, and affirming such unlawful behavior and by

not stopping and/or preventing such unlawful behavior.

215. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

shown by the adverse employment actions taken against her which are set forth

above.

216. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

217. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

environment, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to ongoing acts of retaliation, as set out above. Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,

Page 90 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 91 of 625

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission jointly subjected Investigator Garcia to an unlawful

retaliatory hostile environment.

218. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission have jointly violated the

proscriptions against retaliation, sexual harassment, sexual discrimination, and a

sexually hostile working environment found in Title VII and the equal protection

of the laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

219. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission failed to take effective

remedial action to end the sexual discrimination, sexual harassment, and the

sexually hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

220. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Page 91 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 92 of 625

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

described above was done with malice and/or reckless disregard of and/or

deliberate indifference to Investigator Garcias federally protected rights.

221. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

222. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

223. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

224. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

225. Investigator Garcia is suffering and will continue to suffer irreparable

Page 92 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 93 of 625

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT VIII
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST CAPTAIN MICHAEL SALOMONSKY IN HIS
INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

226. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 225 above with the same force and effect as if fully set out in specific

detail herein below.

227. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry,

Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of sex with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of
Page 93 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 94 of 625

42 U.S.C. 1983.

228. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

229. Sheriff Dornings, Cpt. Berrys, Cpt. Salomonskys, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint adverse employment actions taken

against Investigator Garcia enabled former Chief Deputy Sheriff Jernigans

unlawful discriminatory behavior and retaliation against Investigator Garcia by

ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans unlawful

behavior by not stopping and/or preventing Chief Deputy Sheriffs Jernigans

unlawful behavior against Investigator Garcia.

230. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission ratified, confirmed, and

affirmed the unlawful behavior described above by not investigating and/or by not

adequately investigating Investigator Garcias complaints and reports of such

Page 94 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 95 of 625

unlawful behavior and by subjecting Investigator Garcia to disparate disciplinary

treatment.

231. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission enabled such unlawful

behavior by ratifying, confirming, and affirming such unlawful behavior and by

not stopping and/or preventing such unlawful behavior.

232. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

shown by the adverse employment actions taken against her which are set forth

above.

233. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

234. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

Page 95 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 96 of 625

environment, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to ongoing acts of retaliation, as set out above. Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission jointly subjected Investigator Garcia to an unlawful

retaliatory hostile environment.

235. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission have jointly violated the

proscriptions against retaliation, sexual harassment, sexual discrimination, and a

sexually hostile working environment found in Title VII and the equal protection

of the laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

236. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission failed to take effective

remedial action to end the sexual discrimination, sexual harassment, and the

sexually hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

Page 96 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 97 of 625

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

237. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

described above was done with malice and/or reckless disregard of and/or

deliberate indifference to Investigator Garcias federally protected rights.

238. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

239. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

240. Cpt. Salomonsky, in his individual capacity, is not afforded immunity

protection because, as stated above, a reasonable official/person in his respective

Page 97 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 98 of 625

position would have known, or should have known, that his actions would violate a

constitutional right and/or statutory right that was clearly established at the time

of the violations described herein.

241. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

242. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

243. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT IX
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST THE SHERIFFS OFFICE OF MADISON
COUNTY, ALABAMA
(ASSERTED VIA 42 U.S.C. 1983)

244. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 243 above with the same force and effect as if fully set out in specific
Page 98 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 99 of 625

detail herein below.

245. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Page 99 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 100 of 625

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:


c. All employees of the County Sheriff;


Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

246. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:


Page 100 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 101 of 625

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

247. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry,

Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of sex with respect to the
Page 101 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 102 of 625

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

248. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

249. Sheriff Dornings, Cpt. Berrys, Cpt. Salomonskys, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint adverse employment actions taken

against Investigator Garcia enabled former Chief Deputy Sheriff Jernigans

unlawful discriminatory behavior and retaliation against Investigator Garcia by

ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans unlawful

behavior by not stopping and/or preventing Chief Deputy Sheriffs Jernigans

unlawful behavior against Investigator Garcia.

250. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission ratified, confirmed, and

Page 102 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 103 of 625

affirmed the unlawful behavior described above by not investigating and/or by not

adequately investigating Investigator Garcias complaints and reports of such

unlawful behavior and by subjecting Investigator Garcia to disparate disciplinary

treatment.

251. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission enabled such unlawful

behavior by ratifying, confirming, and affirming such unlawful behavior and by

not stopping and/or preventing such unlawful behavior.

252. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

shown by the adverse employment actions taken against her which are set forth

above.

253. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

Page 103 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 104 of 625

254. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

environment, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to ongoing acts of retaliation, as set out above. Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission jointly subjected Investigator Garcia to an unlawful

retaliatory hostile environment.

255. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission have jointly violated the

proscriptions against retaliation, sexual harassment, sexual discrimination, and a

sexually hostile working environment found in Title VII and the equal protection

of the laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

256. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission failed to take effective

remedial action to end the sexual discrimination, sexual harassment, and the

Page 104 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 105 of 625

sexually hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

257. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

described above was done with malice and/or reckless disregard of and/or

deliberate indifference to Investigator Garcias federally protected rights.

258. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

259. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

Page 105 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 106 of 625

260. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

261. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

262. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT X
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST MADISON COUNTY, ALABAMA
(ASSERTED VIA 42 U.S.C. 1983)

263. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 262 above with the same force and effect as if fully set out in specific

detail herein below.

264. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Page 106 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 107 of 625

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

Page 107 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 108 of 625

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;


Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

265. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
Page 108 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 109 of 625

origin, age, religion, disability, or any other legally protected characteristic


will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

266. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry,

Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of sex with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

Page 109 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 110 of 625

42 U.S.C. 1983.

267. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

268. Sheriff Dornings, Cpt. Berrys, Cpt. Salomonskys, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint adverse employment actions taken

against Investigator Garcia enabled former Chief Deputy Sheriff Jernigans

unlawful discriminatory behavior and retaliation against Investigator Garcia by

ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans unlawful

behavior by not stopping and/or preventing Chief Deputy Sheriffs Jernigans

unlawful behavior against Investigator Garcia.

269. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission ratified, confirmed, and

affirmed the unlawful behavior described above by not investigating and/or by not

adequately investigating Investigator Garcias complaints and reports of such

Page 110 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 111 of 625

unlawful behavior and by subjecting Investigator Garcia to disparate disciplinary

treatment.

270. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission enabled such unlawful

behavior by ratifying, confirming, and affirming such unlawful behavior and by

not stopping and/or preventing such unlawful behavior.

271. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

shown by the adverse employment actions taken against her which are set forth

above.

272. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

273. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

Page 111 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 112 of 625

environment, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to ongoing acts of retaliation, as set out above. Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission jointly subjected Investigator Garcia to an unlawful

retaliatory hostile environment.

274. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission have jointly violated the

proscriptions against retaliation, sexual harassment, sexual discrimination, and a

sexually hostile working environment found in Title VII and the equal protection

of the laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

275. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission failed to take effective

remedial action to end the sexual discrimination, sexual harassment, and the

sexually hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

Page 112 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 113 of 625

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

276. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

described above was done with malice and/or reckless disregard of and/or

deliberate indifference to Investigator Garcias federally protected rights.

277. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

278. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

279. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

Page 113 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 114 of 625

280. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

281. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT XI
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST THE MADISON COUNTY, ALABAMA
COMMISSION
(ASSERTED VIA 42 U.S.C. 1983)

282. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 281 above with the same force and effect as if fully set out in specific

detail herein below.

283. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:


Page 114 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 115 of 625

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.

(b) The personnel department shall consist of a personnel


board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

Page 115 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 116 of 625

c. All employees of the County Sheriff;


Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

284. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.

Page 116 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 117 of 625

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

285. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry,

Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of sex with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

Page 117 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 118 of 625

286. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

287. Sheriff Dornings, Cpt. Berrys, Cpt. Salomonskys, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint adverse employment actions taken

against Investigator Garcia enabled former Chief Deputy Sheriff Jernigans

unlawful discriminatory behavior and retaliation against Investigator Garcia by

ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans unlawful

behavior by not stopping and/or preventing Chief Deputy Sheriffs Jernigans

unlawful behavior against Investigator Garcia.

288. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission ratified, confirmed, and

affirmed the unlawful behavior described above by not investigating and/or by not

adequately investigating Investigator Garcias complaints and reports of such

unlawful behavior and by subjecting Investigator Garcia to disparate disciplinary

Page 118 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 119 of 625

treatment.

289. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission enabled such unlawful

behavior by ratifying, confirming, and affirming such unlawful behavior and by

not stopping and/or preventing such unlawful behavior.

290. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

shown by the adverse employment actions taken against her which are set forth

above.

291. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

292. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

environment, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Page 119 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 120 of 625

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to ongoing acts of retaliation, as set out above. Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission jointly subjected Investigator Garcia to an unlawful

retaliatory hostile environment.

293. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission have jointly violated the

proscriptions against retaliation, sexual harassment, sexual discrimination, and a

sexually hostile working environment found in Title VII and the equal protection

of the laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

294. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission failed to take effective

remedial action to end the sexual discrimination, sexual harassment, and the

sexually hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

Page 120 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 121 of 625

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

295. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

described above was done with malice and/or reckless disregard of and/or

deliberate indifference to Investigator Garcias federally protected rights.

296. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

297. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

298. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

299. Investigator Garcia has no plain, adequate, or complete remedy at law

Page 121 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 122 of 625

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

300. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT XII
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST CHAIRMAN DALE W. STRONG IN HIS
OFFICIAL CAPACITY AS CHAIRMAN OF THE MADISON COUNTY,
ALABAMA COMMISSION
(ASSERTED VIA 42 U.S.C. 1983)

301. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 300 above with the same force and effect as if fully set out in specific

detail herein below.

302. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

Page 122 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 123 of 625

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:


Page 123 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 124 of 625

c. All employees of the County Sheriff;


Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

303. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
Page 124 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 125 of 625

the following individuals: Personnel Director, Jermie Howell (256) 532-


3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

304. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry,

Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of sex with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

305. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Page 125 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 126 of 625

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

306. Sheriff Dornings, Cpt. Berrys, Cpt. Salomonskys, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint adverse employment actions taken

against Investigator Garcia enabled former Chief Deputy Sheriff Jernigans

unlawful discriminatory behavior and retaliation against Investigator Garcia by

ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans unlawful

behavior by not stopping and/or preventing Chief Deputy Sheriffs Jernigans

unlawful behavior against Investigator Garcia.

307. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission ratified, confirmed, and

affirmed the unlawful behavior described above by not investigating and/or by not

adequately investigating Investigator Garcias complaints and reports of such

unlawful behavior and by subjecting Investigator Garcia to disparate disciplinary

treatment.

Page 126 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 127 of 625

308. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission enabled such unlawful

behavior by ratifying, confirming, and affirming such unlawful behavior and by

not stopping and/or preventing such unlawful behavior.

309. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

shown by the adverse employment actions taken against her which are set forth

above.

310. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

311. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

environment, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Page 127 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 128 of 625

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to ongoing acts of retaliation, as set out above. Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission jointly subjected Investigator Garcia to an unlawful

retaliatory hostile environment.

312. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission have jointly violated the

proscriptions against retaliation, sexual harassment, sexual discrimination, and a

sexually hostile working environment found in Title VII and the equal protection

of the laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

313. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission failed to take effective

remedial action to end the sexual discrimination, sexual harassment, and the

sexually hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

Page 128 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 129 of 625

These ongoing acts of retaliation and adverse employment actions are set forth

above.

314. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

described above was done with malice and/or reckless disregard of and/or

deliberate indifference to Investigator Garcias federally protected rights.

315. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

316. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

317. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

318. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

Page 129 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 130 of 625

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

319. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT XIII
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST CHAIRMAN DALE W. STRONG IN HIS
INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

320. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 319 above with the same force and effect as if fully set out in specific

detail herein below.

321. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:


Page 130 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 131 of 625

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.

(b) The personnel department shall consist of a personnel


board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;

Page 131 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 132 of 625


Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

322. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Page 132 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 133 of 625

Any supervisor or Department Head who becomes aware of possible


sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

323. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry,

Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of sex with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

324. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

Page 133 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 134 of 625

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

325. Sheriff Dornings, Cpt. Berrys, Cpt. Salomonskys, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint adverse employment actions taken

against Investigator Garcia enabled former Chief Deputy Sheriff Jernigans

unlawful discriminatory behavior and retaliation against Investigator Garcia by

ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans unlawful

behavior by not stopping and/or preventing Chief Deputy Sheriffs Jernigans

unlawful behavior against Investigator Garcia.

326. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission ratified, confirmed, and

affirmed the unlawful behavior described above by not investigating and/or by not

adequately investigating Investigator Garcias complaints and reports of such

unlawful behavior and by subjecting Investigator Garcia to disparate disciplinary

treatment.

327. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Page 134 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 135 of 625

Sheriffs Office, Madison County, and the Commission enabled such unlawful

behavior by ratifying, confirming, and affirming such unlawful behavior and by

not stopping and/or preventing such unlawful behavior.

328. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

shown by the adverse employment actions taken against her which are set forth

above.

329. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

330. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

environment, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to ongoing acts of retaliation, as set out above. Sheriff Dorning,

Page 135 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 136 of 625

Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission jointly subjected Investigator Garcia to an unlawful

retaliatory hostile environment.

331. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission have jointly violated the

proscriptions against retaliation, sexual harassment, sexual discrimination, and a

sexually hostile working environment found in Title VII and the equal protection

of the laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

332. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission failed to take effective

remedial action to end the sexual discrimination, sexual harassment, and the

sexually hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

Page 136 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 137 of 625

333. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

described above was done with malice and/or reckless disregard of and/or

deliberate indifference to Investigator Garcias federally protected rights.

334. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

335. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

336. Dale W. Strong, in his individual capacity, is not afforded immunity

protection because, as stated above, a reasonable official/person in his respective

position would have known, or should have known, that his actions would violate a

constitutional right and/or statutory right that was clearly established at the time

of the violations described herein.

337. Investigator Garcia has been further damaged in that she has lost

Page 137 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 138 of 625

income and benefits, both past and future.

338. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

339. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT XIV
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST COMMISSIONER ROGER JONES IN HIS
OFFICIAL CAPACITY AS A COMMISSIONER OF THE MADISON
COUNTY, ALABAMA COMMISSION
(ASSERTED VIA 42 U.S.C. 1983)

340. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 339 above with the same force and effect as if fully set out in specific

detail herein below.

341. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Page 138 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 139 of 625

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

Page 139 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 140 of 625

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;


Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

342. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national

Page 140 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 141 of 625

origin, age, religion, disability, or any other legally protected characteristic


will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

343. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Commissioner Jones, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

jointly thereby discriminating against Investigator Garcia on the basis of sex with

respect to the terms, conditions, and privileges of her employment in violation of

Title VII and the equal protection of the laws, the Fourteenth Amendment, through

Page 141 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 142 of 625

the vehicle of 42 U.S.C. 1983.

344. Commissioner Jones, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint decisions regarding the adverse employment actions taken

against Investigator Garcia not only instigated, but ratified, confirmed, and

affirmed such unlawful discrimination and retaliation against Investigator Garcia.

345. Commissioner Jones, Sheriff Dornings, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint adverse

employment actions taken against Investigator Garcia enabled former Chief

Deputy Sheriff Jernigans unlawful discriminatory behavior and retaliation against

Investigator Garcia by ratifying, confirming, and affirming Chief Deputy Sheriff

Jernigans unlawful behavior by not stopping and/or preventing Chief Deputy

Sheriffs Jernigans unlawful behavior against Investigator Garcia.

346. Commissioner Jones, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission ratified,

confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

Page 142 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 143 of 625

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

347. Commissioner Jones, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission enabled such

unlawful behavior by ratifying, confirming, and affirming such unlawful behavior

and by not stopping and/or preventing such unlawful behavior.

348. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Commissioner Jones, Sheriff

Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission as shown by the adverse employment actions taken

against her which are set forth above.

349. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

350. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

Page 143 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 144 of 625

environment, Commissioner Jones, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

jointly subjected Investigator Garcia to ongoing acts of retaliation, as set out

above. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to an unlawful retaliatory hostile environment.

351. Commissioner Jones, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission have jointly

violated the proscriptions against retaliation, sexual harassment, sexual

discrimination, and a sexually hostile working environment found in Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

352. Commissioner Jones, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission failed to take

effective remedial action to end the sexual discrimination, sexual harassment, and

the sexually hostile working environment in the Sheriffs Office as well as the

Page 144 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 145 of 625

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

353. The joint unlawful conduct of Commissioner Jones, Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission as described above was done with malice and/or reckless

disregard of and/or deliberate indifference to Investigator Garcias federally

protected rights.

354. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

355. Commissioner Jones, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions conduct as described above caused and is still causing Investigator

Garcia emotional distress, mental anguish, loss of enjoyment of life,

Page 145 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 146 of 625

inconvenience, and humiliation.

356. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

357. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

358. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Commissioner Jones, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions unlawful conduct as set forth herein unless enjoined by this Court.

COUNT XV
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST COMMISSIONER ROGER JONES IN HIS
INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

359. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 358 above with the same force and effect as if fully set out in specific

detail herein below.

360. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the
Page 146 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 147 of 625

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 147 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 148 of 625

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;


Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

361. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that

Page 148 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 149 of 625

is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

362. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Commissioner Jones, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

jointly thereby discriminating against Investigator Garcia on the basis of sex with

respect to the terms, conditions, and privileges of her employment in violation of


Page 149 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 150 of 625

Title VII and the equal protection of the laws, the Fourteenth Amendment, through

the vehicle of 42 U.S.C. 1983.

363. Commissioner Jones, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint decisions regarding the adverse employment actions taken

against Investigator Garcia not only instigated, but ratified, confirmed, and

affirmed such unlawful discrimination and retaliation against Investigator Garcia.

364. Commissioner Jones, Sheriff Dornings, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint adverse

employment actions taken against Investigator Garcia enabled former Chief

Deputy Sheriff Jernigans unlawful discriminatory behavior and retaliation against

Investigator Garcia by ratifying, confirming, and affirming Chief Deputy Sheriff

Jernigans unlawful behavior by not stopping and/or preventing Chief Deputy

Sheriffs Jernigans unlawful behavior against Investigator Garcia.

365. Commissioner Jones, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission ratified,

confirmed, and affirmed the unlawful behavior described above by not

Page 150 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 151 of 625

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

366. Commissioner Jones, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission enabled such

unlawful behavior by ratifying, confirming, and affirming such unlawful behavior

and by not stopping and/or preventing such unlawful behavior.

367. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Commissioner Jones, Sheriff

Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission as shown by the adverse employment actions taken

against her which are set forth above.

368. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

369. Thereafter, in response to her complaints and reports of sexual

Page 151 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 152 of 625

discrimination, sexual harassment and working in a sexually hostile working

environment, Commissioner Jones, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

jointly subjected Investigator Garcia to ongoing acts of retaliation, as set out

above. Commissioner Jones, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt.

Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission jointly

subjected Investigator Garcia to an unlawful retaliatory hostile environment.

370. Commissioner Jones, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission have jointly

violated the proscriptions against retaliation, sexual harassment, sexual

discrimination, and a sexually hostile working environment found in Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

371. Commissioner Jones, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission failed to take

effective remedial action to end the sexual discrimination, sexual harassment, and

Page 152 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 153 of 625

the sexually hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

372. The joint unlawful conduct of Commissioner Jones, Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission as described above was done with malice and/or reckless

disregard of and/or deliberate indifference to Investigator Garcias federally

protected rights.

373. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

374. Commissioner Jones, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions conduct as described above caused and is still causing Investigator

Page 153 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 154 of 625

Garcia emotional distress, mental anguish, loss of enjoyment of life,

inconvenience, and humiliation.

375. Commissioner Jones, in his individual capacity, is not afforded

immunity protection because, as stated above, a reasonable official/person in his

respective position would have known, or should have known, that his actions

would violate a constitutional right and/or statutory right that was clearly

established at the time of the violations described herein.

376. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

377. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

378. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Commissioner Jones, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions unlawful conduct as set forth herein unless enjoined by this Court.

COUNT XVI
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
Page 154 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 155 of 625

RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH


AMENDMENT AGAINST COMMISSIONER STEVE HARAWAY IN HIS
OFFICIAL CAPACITY AS A COMMISSIONER OF THE MADISON
COUNTY, ALABAMA COMMISSION
(ASSERTED VIA 42 U.S.C. 1983)

379. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 378 above with the same force and effect as if fully set out in specific

detail herein below.

380. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

Page 155 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 156 of 625

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;


Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made

Page 156 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 157 of 625

to Madison County Commission Chairman Dale Strong (256) 532-


3492

381. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

Page 157 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 158 of 625

382. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Commissioner Haraway, Sheriff Dorning, Chief Deputy

Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly thereby discriminating against Investigator Garcia on the basis

of sex with respect to the terms, conditions, and privileges of her employment in

violation of Title VII and the equal protection of the laws, the Fourteenth

Amendment, through the vehicle of 42 U.S.C. 1983.

383. Commissioner Haraways, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berry, Cpt. Salomonsky, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint decisions regarding the adverse employment actions taken

against Investigator Garcia not only instigated, but ratified, confirmed, and

affirmed such unlawful discrimination and retaliation against Investigator Garcia.

384. Commissioner Haraways, Sheriff Dornings, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint adverse

employment actions taken against Investigator Garcia enabled former Chief

Page 158 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 159 of 625

Deputy Sheriff Jernigans unlawful discriminatory behavior and retaliation against

Investigator Garcia by ratifying, confirming, and affirming Chief Deputy Sheriff

Jernigans unlawful behavior by not stopping and/or preventing Chief Deputy

Sheriffs Jernigans unlawful behavior against Investigator Garcia.

385. Commissioner Haraway, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

ratified, confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

386. Commissioner Haraway, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

enabled such unlawful behavior by ratifying, confirming, and affirming such

unlawful behavior and by not stopping and/or preventing such unlawful behavior.

387. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Commissioner Haraway, Sheriff

Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director

Page 159 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 160 of 625

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission as shown by the adverse employment actions taken

against her which are set forth above.

388. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

389. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

environment, Commissioner Haraway, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

jointly subjected Investigator Garcia to ongoing acts of retaliation, as set out

above. Commissioner Haraway, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission jointly

subjected Investigator Garcia to an unlawful retaliatory hostile environment.

390. Commissioner Haraway, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission have

Page 160 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 161 of 625

jointly violated the proscriptions against retaliation, sexual harassment, sexual

discrimination, and a sexually hostile working environment found in Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

391. Commissioner Haraway, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

failed to take effective remedial action to end the sexual discrimination, sexual

harassment, and the sexually hostile working environment in the Sheriffs Office

as well as the retaliatory hostile environment they created for Investigator Garcia,

and instead the retaliatory hostile environment continued and escalated with

Investigator Garcias being retaliated against in response to her complaints,

reports, and opposition. These ongoing acts of retaliation and adverse employment

actions are set forth above.

392. The joint unlawful conduct of Commissioner Haraway, Sheriff

Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission as described above was done with malice and/or

reckless disregard of and/or deliberate indifference to Investigator Garcias

federally protected rights.

Page 161 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 162 of 625

393. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

394. Commissioner Haraways, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions conduct as described above caused and is still causing Investigator

Garcia emotional distress, mental anguish, loss of enjoyment of life,

inconvenience, and humiliation.

395. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

396. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

397. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Commissioner Haraways, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Page 162 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 163 of 625

Commissions unlawful conduct as set forth herein unless enjoined by this Court.

COUNT XVII
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST COMMISSIONER STEVE HARAWAY IN HIS
INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

398. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 397 above with the same force and effect as if fully set out in specific

detail herein below.

399. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Page 163 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 164 of 625

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;


Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-

Page 164 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 165 of 625

3614 or County Administrator, Kevin Jones (256) 532-3492. The


offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

400. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
Page 165 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 166 of 625

supervisor before contacting the County Administrator or the Personnel


Director to file a claim of harassment.

401. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Commissioner Haraway, Sheriff Dorning, Chief Deputy

Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly thereby discriminating against Investigator Garcia on the basis

of sex with respect to the terms, conditions, and privileges of her employment in

violation of Title VII and the equal protection of the laws, the Fourteenth

Amendment, through the vehicle of 42 U.S.C. 1983.

402. Commissioner Haraways, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint decisions regarding the adverse employment actions taken

against Investigator Garcia not only instigated, but ratified, confirmed, and

affirmed such unlawful discrimination and retaliation against Investigator Garcia.

403. Commissioner Haraways, Sheriff Dornings, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint adverse


Page 166 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 167 of 625

employment actions taken against Investigator Garcia enabled former Chief

Deputy Sheriff Jernigans unlawful discriminatory behavior and retaliation against

Investigator Garcia by ratifying, confirming, and affirming Chief Deputy Sheriff

Jernigans unlawful behavior by not stopping and/or preventing Chief Deputy

Sheriffs Jernigans unlawful behavior against Investigator Garcia.

404. Commissioner Haraway, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

ratified, confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

405. Commissioner Haraway, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

enabled such unlawful behavior by ratifying, confirming, and affirming such

unlawful behavior and by not stopping and/or preventing such unlawful behavior.

406. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Commissioner Haraway, Sheriff

Page 167 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 168 of 625

Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission as shown by the adverse employment actions taken

against her which are set forth above.

407. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

408. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

environment, Commissioner Haraway, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

jointly subjected Investigator Garcia to ongoing acts of retaliation, as set out

above. Commissioner Haraway, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission jointly

subjected Investigator Garcia to an unlawful retaliatory hostile environment.

409. Commissioner Haraway, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Page 168 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 169 of 625

Chairman Strong, the Sheriffs Office, Madison County, and the Commission have

jointly violated the proscriptions against retaliation, sexual harassment, sexual

discrimination, and a sexually hostile working environment found in Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

410. Commissioner Haraway, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

failed to take effective remedial action to end the sexual discrimination, sexual

harassment, and the sexually hostile working environment in the Sheriffs Office

as well as the retaliatory hostile environment they created for Investigator Garcia,

and instead the retaliatory hostile environment continued and escalated with

Investigator Garcias being retaliated against in response to her complaints,

reports, and opposition. These ongoing acts of retaliation and adverse employment

actions are set forth above.

411. The joint unlawful conduct of Commissioner Haraway, Sheriff

Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission as described above was done with malice and/or

reckless disregard of and/or deliberate indifference to Investigator Garcias

Page 169 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 170 of 625

federally protected rights.

412. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

413. Commissioner Haraways, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions conduct as described above caused and is still causing Investigator

Garcia emotional distress, mental anguish, loss of enjoyment of life,

inconvenience, and humiliation.

414. Commissioner Haraway, in his individual capacity, is not afforded

immunity protection because, as stated above, a reasonable official/person in his

respective position would have known, or should have known, that his actions

would violate a constitutional right and/or statutory right that was clearly

established at the time of the violations described herein.

415. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

416. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

Page 170 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 171 of 625

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

417. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Commissioner Haraways Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions unlawful conduct as set forth herein unless enjoined by this Court.

COUNT XVIII
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST COMMISSIONER CRAIG HILL IN HIS
OFFICIAL CAPACITY AS A COMMISSIONER OF THE MADISON
COUNTY, ALABAMA COMMISSION
(ASSERTED VIA 42 U.S.C. 1983)

418. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 417 above with the same force and effect as if fully set out in specific

detail herein below.

419. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Page 171 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 172 of 625

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;


Page 172 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 173 of 625

Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

420. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Page 173 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 174 of 625

Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory


and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

421. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Commissioner Hill, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

jointly thereby discriminating against Investigator Garcia on the basis of sex with

respect to the terms, conditions, and privileges of her employment in violation of

Title VII and the equal protection of the laws, the Fourteenth Amendment, through

the vehicle of 42 U.S.C. 1983.

422. Commissioner Hills, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Page 174 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 175 of 625

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint decisions regarding the adverse employment actions taken

against Investigator Garcia not only instigated, but ratified, confirmed, and

affirmed such unlawful discrimination and retaliation against Investigator Garcia.

423. Commissioner Hills, Sheriff Dornings, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint adverse

employment actions taken against Investigator Garcia enabled former Chief

Deputy Sheriff Jernigans unlawful discriminatory behavior and retaliation against

Investigator Garcia by ratifying, confirming, and affirming Chief Deputy Sheriff

Jernigans unlawful behavior by not stopping and/or preventing Chief Deputy

Sheriffs Jernigans unlawful behavior against Investigator Garcia.

424. Commissioner Hill, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission ratified,

confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

425. Commissioner Hill, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Page 175 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 176 of 625

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission enabled such

unlawful behavior by ratifying, confirming, and affirming such unlawful behavior

and by not stopping and/or preventing such unlawful behavior.

426. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Commissioner Hill, Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission as shown by the adverse employment actions taken against

her which are set forth above.

427. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

428. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

environment, Commissioner Hill, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission jointly

Page 176 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 177 of 625

subjected Investigator Garcia to ongoing acts of retaliation, as set out above.

Commissioner Hill, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry,

Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to an unlawful retaliatory hostile environment.

429. Commissioner Hill, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission have jointly

violated the proscriptions against retaliation, sexual harassment, sexual

discrimination, and a sexually hostile working environment found in Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

430. Commissioner Hill, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission failed to take

effective remedial action to end the sexual discrimination, sexual harassment, and

the sexually hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

Page 177 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 178 of 625

These ongoing acts of retaliation and adverse employment actions are set forth

above.

431. The joint unlawful conduct of Commissioner Hill, Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission as described above was done with malice and/or reckless

disregard of and/or deliberate indifference to Investigator Garcias federally

protected rights.

432. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

433. Commissioner Hills, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions conduct as described above caused and is still causing Investigator

Garcia emotional distress, mental anguish, loss of enjoyment of life,

inconvenience, and humiliation.

434. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

Page 178 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 179 of 625

435. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

436. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Commissioner Hills, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions unlawful conduct as set forth herein unless enjoined by this Court.

COUNT XIX
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST COMMISSIONER CRAIG HILL IN HIS
INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

437. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 436 above with the same force and effect as if fully set out in specific

detail herein below.

438. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:


Page 179 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 180 of 625

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.

(b) The personnel department shall consist of a personnel


board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.
The provisions of this Act shall apply to the following officers and
employees in the service of the county:


Page 180 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 181 of 625

c. All employees of the County Sheriff;


Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

439. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
Page 181 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 182 of 625

the following individuals: Personnel Director, Jermie Howell (256) 532-


3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

440. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Commissioner Hill, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

jointly thereby discriminating against Investigator Garcia on the basis of sex with

respect to the terms, conditions, and privileges of her employment in violation of

Title VII and the equal protection of the laws, the Fourteenth Amendment, through

the vehicle of 42 U.S.C. 1983.

441. Commissioner Hills, Sheriff Dornings, Chief Deputy Sheriff

Page 182 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 183 of 625

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint decisions regarding the adverse employment actions taken

against Investigator Garcia not only instigated, but ratified, confirmed, and

affirmed such unlawful discrimination and retaliation against Investigator Garcia.

442. Commissioner Hills, Sheriff Dornings, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint adverse

employment actions taken against Investigator Garcia enabled former Chief

Deputy Sheriff Jernigans unlawful discriminatory behavior and retaliation against

Investigator Garcia by ratifying, confirming, and affirming Chief Deputy Sheriff

Jernigans unlawful behavior by not stopping and/or preventing Chief Deputy

Sheriffs Jernigans unlawful behavior against Investigator Garcia.

443. Commissioner Hill, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission ratified,

confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

Page 183 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 184 of 625

444. Commissioner Hill, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission enabled such

unlawful behavior by ratifying, confirming, and affirming such unlawful behavior

and by not stopping and/or preventing such unlawful behavior.

445. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Commissioner Hill, Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission as shown by the adverse employment actions taken against

her which are set forth above.

446. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

447. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

environment, Commissioner Hill, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Page 184 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 185 of 625

Strong, the Sheriffs Office, Madison County, and the Commission jointly

subjected Investigator Garcia to ongoing acts of retaliation, as set out above.

Commissioner Hill, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry,

Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to an unlawful retaliatory hostile environment.

448. Commissioner Hill, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission have jointly

violated the proscriptions against retaliation, sexual harassment, sexual

discrimination, and a sexually hostile working environment found in Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

449. Commissioner Hill, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission failed to take

effective remedial action to end the sexual discrimination, sexual harassment, and

the sexually hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

Page 185 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 186 of 625

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

450. The joint unlawful conduct of Commissioner Hill, Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission as described above was done with malice and/or reckless

disregard of and/or deliberate indifference to Investigator Garcias federally

protected rights.

451. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

452. Commissioner Hills, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions conduct as described above caused and is still causing Investigator

Garcia emotional distress, mental anguish, loss of enjoyment of life,

inconvenience, and humiliation.

453. Commissioner Hill, in his individual capacity, is not afforded

Page 186 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 187 of 625

immunity protection because, as stated above, a reasonable official/person in his

respective position would have known, or should have known, that his actions

would violate a constitutional right and/or statutory right that was clearly

established at the time of the violations described herein.

454. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

455. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

456. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Commissioner Hills, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions unlawful conduct as set forth herein unless enjoined by this Court.

COUNT XX
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST COMMISSIONER PHIL VANDIVER IN HIS
OFFICIAL CAPACITY AS A COMMISSIONER OF THE MADISON
COUNTY, ALABAMA COMMISSION
(ASSERTED VIA 42 U.S.C. 1983)

Page 187 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 188 of 625

457. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 456 above with the same force and effect as if fully set out in specific

detail herein below.

458. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Page 188 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 189 of 625

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;


Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

459. On or about December 15, 2016, a new Madison County Employee

Page 189 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 190 of 625

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

460. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Commissioner Vandiver, Sheriff Dorning, Chief Deputy

Page 190 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 191 of 625

Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly thereby discriminating against Investigator Garcia on the basis

of sex with respect to the terms, conditions, and privileges of her employment in

violation of Title VII and the equal protection of the laws, the Fourteenth

Amendment, through the vehicle of 42 U.S.C. 1983.

461. Commissioner Vandivers, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berry, Cpt. Salomonsky, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint decisions regarding the adverse employment actions taken

against Investigator Garcia not only instigated, but ratified, confirmed, and

affirmed such unlawful discrimination and retaliation against Investigator Garcia.

462. Commissioner Vandivers, Sheriff Dornings, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint adverse

employment actions taken against Investigator Garcia enabled former Chief

Deputy Sheriff Jernigans unlawful discriminatory behavior and retaliation against

Investigator Garcia by ratifying, confirming, and affirming Chief Deputy Sheriff

Jernigans unlawful behavior by not stopping and/or preventing Chief Deputy

Sheriffs Jernigans unlawful behavior against Investigator Garcia.

Page 191 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 192 of 625

463. Commissioner Vandiver, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

ratified, confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

464. Commissioner Vandiver, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

enabled such unlawful behavior by ratifying, confirming, and affirming such

unlawful behavior and by not stopping and/or preventing such unlawful behavior.

465. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Commissioner Vandiver, Sheriff

Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission as shown by the adverse employment actions taken

against her which are set forth above.

466. Garcia made reasonable and good faith complaints and reports of sex

Page 192 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 193 of 625

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

467. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

environment, Commissioner Vandiver, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

jointly subjected Investigator Garcia to ongoing acts of retaliation, as set out

above. Commissioner Vandiver, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission jointly

subjected Investigator Garcia to an unlawful retaliatory hostile environment.

468. Commissioner Vandiver, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission have

jointly violated the proscriptions against retaliation, sexual harassment, sexual

discrimination, and a sexually hostile working environment found in Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

Page 193 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 194 of 625

469. Commissioner Vandiver, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

failed to take effective remedial action to end the sexual discrimination, sexual

harassment, and the sexually hostile working environment in the Sheriffs Office

as well as the retaliatory hostile environment they created for Investigator Garcia,

and instead the retaliatory hostile environment continued and escalated with

Investigator Garcias being retaliated against in response to her complaints,

reports, and opposition. These ongoing acts of retaliation and adverse employment

actions are set forth above.

470. The joint unlawful conduct of Commissioner Vandiver, Sheriff

Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission as described above was done with malice and/or

reckless disregard of and/or deliberate indifference to Investigator Garcias

federally protected rights.

471. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

Page 194 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 195 of 625

472. Commissioner Vandivers, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions conduct as described above caused and is still causing Investigator

Garcia emotional distress, mental anguish, loss of enjoyment of life,

inconvenience, and humiliation.

473. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

474. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

475. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Commissioner Vandivers, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions unlawful conduct as set forth herein unless enjoined by this Court.

COUNT XXI
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH

Page 195 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 196 of 625

AMENDMENT AGAINST COMMISSIONER PHIL VANDIVER IN HIS


INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

476. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 475 above with the same force and effect as if fully set out in specific

detail herein below.

477. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.

(b) The personnel department shall consist of a personnel


board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

Page 196 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 197 of 625

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;


Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

Page 197 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 198 of 625

478. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

479. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

Page 198 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 199 of 625

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Commissioner Vandiver, Sheriff Dorning, Chief Deputy

Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly thereby discriminating against Investigator Garcia on the basis

of sex with respect to the terms, conditions, and privileges of her employment in

violation of Title VII and the equal protection of the laws, the Fourteenth

Amendment, through the vehicle of 42 U.S.C. 1983.

480. Commissioner Vandivers, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint decisions regarding the adverse employment actions taken

against Investigator Garcia not only instigated, but ratified, confirmed, and

affirmed such unlawful discrimination and retaliation against Investigator Garcia.

481. Commissioner Vandivers, Sheriff Dornings, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint adverse

employment actions taken against Investigator Garcia enabled former Chief

Deputy Sheriff Jernigans unlawful discriminatory behavior and retaliation against

Investigator Garcia by ratifying, confirming, and affirming Chief Deputy Sheriff

Page 199 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 200 of 625

Jernigans unlawful behavior by not stopping and/or preventing Chief Deputy

Sheriffs Jernigans unlawful behavior against Investigator Garcia.

482. Commissioner Vandiver, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

ratified, confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

483. Commissioner Vandiver, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

enabled such unlawful behavior by ratifying, confirming, and affirming such

unlawful behavior and by not stopping and/or preventing such unlawful behavior.

484. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Commissioner Vandiver, Sheriff

Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission as shown by the adverse employment actions taken

Page 200 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 201 of 625

against her which are set forth above.

485. Garcia made reasonable and good faith complaints and reports of sex

Discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

486. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

environment, Commissioner Vandiver, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

jointly subjected Investigator Garcia to ongoing acts of retaliation, as set out

above. Commissioner Vandiver, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission jointly

subjected Investigator Garcia to an unlawful retaliatory hostile environment.

487. Commissioner Vandiver, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission have

jointly violated the proscriptions against retaliation, sexual harassment, sexual

discrimination, and a sexually hostile working environment found in Title VII and

Page 201 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 202 of 625

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

488. Commissioner Vandiver, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

failed to take effective remedial action to end the sexual discrimination, sexual

harassment, and the sexually hostile working environment in the Sheriffs Office

as well as the retaliatory hostile environment they created for Investigator Garcia,

and instead the retaliatory hostile environment continued and escalated with

Investigator Garcias being retaliated against in response to her complaints,

reports, and opposition. These ongoing acts of retaliation and adverse employment

actions are set forth above.

489. The joint unlawful conduct of Commissioner Vandiver, Sheriff

Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission as described above was done with malice and/or

reckless disregard of and/or deliberate indifference to Investigator Garcias

federally protected rights.

490. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

Page 202 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 203 of 625

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

491. Commissioner Vandivers, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions conduct as described above caused and is still causing Investigator

Garcia emotional distress, mental anguish, loss of enjoyment of life,

inconvenience, and humiliation.

492. Commissioner Vandiver, in his individual capacity, is not afforded

immunity protection because, as stated above, a reasonable official/person in his

respective position would have known, or should have known, that his actions

would violate a constitutional right and/or statutory right that was clearly

established at the time of the violations described herein.

493. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

494. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

495. Investigator Garcia is suffering and will continue to suffer irreparable

Page 203 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 204 of 625

injury from Commissioner Vandivers, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions unlawful conduct as set forth herein unless enjoined by this Court.

COUNT XXII
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST COMMISSIONER PHIL RIDDICK IN HIS
OFFICIAL CAPACITY AS A COMMISSIONER OF THE MADISON
COUNTY, ALABAMA COMMISSION
(ASSERTED VIA 42 U.S.C. 1983)

496. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 495 above with the same force and effect as if fully set out in specific

detail herein below.

497. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
Page 204 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 205 of 625

(b) The personnel department shall consist of a personnel


board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;


Page 48

Appendix 2:

Page 205 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 206 of 625

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

498. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
Page 206 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 207 of 625

harassment is observed or who is aware of the possibility of harassment and


fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

499. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Commissioner Riddick, Sheriff Dorning, Chief Deputy

Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly thereby discriminating against Investigator Garcia on the basis

of sex with respect to the terms, conditions, and privileges of her employment in

violation of Title VII and the equal protection of the laws, the Fourteenth

Amendment, through the vehicle of 42 U.S.C. 1983.

500. Commissioner Riddicks, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint decisions regarding the adverse employment actions taken

against Investigator Garcia not only instigated, but ratified, confirmed, and

Page 207 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 208 of 625

affirmed such unlawful discrimination and retaliation against Investigator Garcia.

501. Commissioner Riddicks, Sheriff Dornings, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint adverse

employment actions taken against Investigator Garcia enabled former Chief

Deputy Sheriff Jernigans unlawful discriminatory behavior and retaliation against

Investigator Garcia by ratifying, confirming, and affirming Chief Deputy Sheriff

Jernigans unlawful behavior by not stopping and/or preventing Chief Deputy

Sheriffs Jernigans unlawful behavior against Investigator Garcia.

502. Commissioner Riddick, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

ratified, confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

503. Commissioner Riddick, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

enabled such unlawful behavior by ratifying, confirming, and affirming such

Page 208 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 209 of 625

unlawful behavior and by not stopping and/or preventing such unlawful behavior.

504. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Commissioner Riddick, Sheriff

Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission as shown by the adverse employment actions taken

against her which are set forth above.

505. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

506. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

environment, Commissioner Riddick, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

jointly subjected Investigator Garcia to ongoing acts of retaliation, as set out

above. Commissioner Riddick, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Page 209 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 210 of 625

Strong, the Sheriffs Office, Madison County, and the Commission jointly

subjected Investigator Garcia to an unlawful retaliatory hostile environment.

507. Commissioner Riddick, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission have

jointly violated the proscriptions against retaliation, sexual harassment, sexual

discrimination, and a sexually hostile working environment found in Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

508. Commissioner Riddick, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

failed to take effective remedial action to end the sexual discrimination, sexual

harassment, and the sexually hostile working environment in the Sheriffs Office

as well as the retaliatory hostile environment they created for Investigator Garcia,

and instead the retaliatory hostile environment continued and escalated with

Investigator Garcias being retaliated against in response to her complaints,

reports, and opposition. These ongoing acts of retaliation and adverse employment

actions are set forth above.

509. The joint unlawful conduct of Commissioner Riddick, Sheriff

Page 210 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 211 of 625

Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission as described above was done with malice and/or

reckless disregard of and/or deliberate indifference to Investigator Garcias

federally protected rights.

510. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

511. Commissioner Riddicks, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions conduct as described above caused and is still causing Investigator

Garcia emotional distress, mental anguish, loss of enjoyment of life,

inconvenience, and humiliation.

512. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

513. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

Page 211 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 212 of 625

judgment is her only means of securing adequate relief.

514. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Commissioner Riddicks, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions unlawful conduct as set forth herein unless enjoined by this Court.

COUNT XXIII
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST PHIL RIDDICK IN HIS
INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

515. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 514 above with the same force and effect as if fully set out in specific

detail herein below.

516. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

Page 212 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 213 of 625

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;


Page 213 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 214 of 625

Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

517. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Page 214 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 215 of 625

Any supervisor or Department Head who becomes aware of possible


sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

518. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Commissioner Riddick, Sheriff Dorning, Chief Deputy

Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly thereby discriminating against Investigator Garcia on the basis

of sex with respect to the terms, conditions, and privileges of her employment in

violation of Title VII and the equal protection of the laws, the Fourteenth

Amendment, through the vehicle of 42 U.S.C. 1983.

519. Commissioner Riddicks, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Page 215 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 216 of 625

Commissions joint decisions regarding the adverse employment actions taken

against Investigator Garcia not only instigated, but ratified, confirmed, and

affirmed such unlawful discrimination and retaliation against Investigator Garcia.

520. Commissioner Riddicks, Sheriff Dornings, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint adverse

employment actions taken against Investigator Garcia enabled former Chief

Deputy Sheriff Jernigans unlawful discriminatory behavior and retaliation against

Investigator Garcia by ratifying, confirming, and affirming Chief Deputy Sheriff

Jernigans unlawful behavior by not stopping and/or preventing Chief Deputy

Sheriffs Jernigans unlawful behavior against Investigator Garcia.

521. Commissioner Riddick, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

ratified, confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

522. Commissioner Riddick, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Page 216 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 217 of 625

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

enabled such unlawful behavior by ratifying, confirming, and affirming such

unlawful behavior and by not stopping and/or preventing such unlawful behavior.

523. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Commissioner Riddick, Sheriff

Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission as shown by the adverse employment actions taken

against her which are set forth above.

524. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

525. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

environment, Commissioner Riddick, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

jointly subjected Investigator Garcia to ongoing acts of retaliation, as set out

Page 217 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 218 of 625

above. Commissioner Riddick, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission jointly

subjected Investigator Garcia to an unlawful retaliatory hostile environment.

526. Commissioner Riddick, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission have

jointly violated the proscriptions against retaliation, sexual harassment, sexual

discrimination, and a sexually hostile working environment found in Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

527. Commissioner Riddick, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

failed to take effective remedial action to end the sexual discrimination, sexual

harassment, and the sexually hostile working environment in the Sheriffs Office

as well as the retaliatory hostile environment they created for Investigator Garcia,

and instead the retaliatory hostile environment continued and escalated with

Investigator Garcias being retaliated against in response to her complaints,

reports, and opposition. These ongoing acts of retaliation and adverse employment

Page 218 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 219 of 625

actions are set forth above.

528. The joint unlawful conduct of Commissioner Riddick, Sheriff

Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission as described above was done with malice and/or

reckless disregard of and/or deliberate indifference to Investigator Garcias

federally protected rights.

529. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

530. Commissioner Riddicks, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions conduct as described above caused and is still causing Investigator

Garcia emotional distress, mental anguish, loss of enjoyment of life,

inconvenience, and humiliation.

531. Commissioner Riddick, in his individual capacity, is not afforded

immunityprotection because, as stated above, a reasonable official/person in his

respective position would have known, or should have known, that his actions

Page 219 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 220 of 625

would violate a constitutional right and/or statutory right that was clearly

established at the time of the violations described herein.

532. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

533. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

534. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Commissioner Riddicks, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions unlawful conduct as set forth herein unless enjoined by this Court.

COUNT XXIV
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST DIRECTOR JERMIE HOWELL IN HIS
OFFICIAL CAPACITY AS DIRECTOR OF THE PERSONNEL/HUMAN
RESOURCES DEPARTMENT OF MADISON COUNTY, ALABAMA
(ASSERTED VIA 42 U.S.C. 1983)

535. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 534 above with the same force and effect as if fully set out in specific

Page 220 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 221 of 625

detail herein below.

536. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Page 221 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 222 of 625

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;


Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

537. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

Page 222 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 223 of 625

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

538. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry,

Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

Page 223 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 224 of 625

discriminating against Investigator Garcia on the basis of sex with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

539. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

540. Sheriff Dornings, Cpt. Berrys, Cpt. Salomonskys, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint adverse employment actions taken

against Investigator Garcia enabled former Chief Deputy Sheriff Jernigans

unlawful discriminatory behavior and retaliation against Investigator Garcia by

ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans unlawful

behavior by not stopping and/or preventing Chief Deputy Sheriffs Jernigans

unlawful behavior against Investigator Garcia.

541. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Page 224 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 225 of 625

Sheriffs Office, Madison County, and the Commission ratified, confirmed, and

affirmed the unlawful behavior described above by not investigating and/or by not

adequately investigating Investigator Garcias complaints and reports of such

unlawful behavior and by subjecting Investigator Garcia to disparate disciplinary

treatment.

542. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission enabled such unlawful

behavior by ratifying, confirming, and affirming such unlawful behavior and by

not stopping and/or preventing such unlawful behavior.

543. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

shown by the adverse employment actions taken against her which are set forth

above.

544. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

Page 225 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 226 of 625

management.

545. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

environment, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to ongoing acts of retaliation, as set out above. Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission jointly subjected Investigator Garcia to an unlawful

retaliatory hostile environment.

546. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission have jointly violated the

proscriptions against retaliation, sexual harassment, sexual discrimination, and a

sexually hostile working environment found in Title VII and the equal protection

of the laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

547. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission failed to take effective

Page 226 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 227 of 625

remedial action to end the sexual discrimination, sexual harassment, and the

sexually hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

548. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

described above was done with malice and/or reckless disregard of and/or

deliberate indifference to Investigator Garcias federally protected rights.

549. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

550. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

Page 227 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 228 of 625

anguish, loss of enjoyment of life, inconvenience, and humiliation.

551. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

552. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

553. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT XXV
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST DIRECTOR JERMIE HOWELL IN HIS
INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

554. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 553 above with the same force and effect as if fully set out in specific

detail herein below.

555. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the
Page 228 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 229 of 625

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;


B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.
Page 229 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 230 of 625

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;


Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

556. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
Page 230 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 231 of 625

words, jokes, or comments based on an individuals sex, race, color, national


origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

557. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry,

Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of sex with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of
Page 231 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 232 of 625

42 U.S.C. 1983.

558. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

559. Sheriff Dornings, Cpt. Berrys, Cpt. Salomonskys, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint adverse employment actions taken

against Investigator Garcia enabled former Chief Deputy Sheriff Jernigans

unlawful discriminatory behavior and retaliation against Investigator Garcia by

ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans unlawful

behavior by not stopping and/or preventing Chief Deputy Sheriffs Jernigans

unlawful behavior against Investigator Garcia.

560. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission ratified, confirmed, and

affirmed the unlawful behavior described above by not investigating and/or by not

adequately investigating Investigator Garcias complaints and reports of such

Page 232 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 233 of 625

unlawful behavior and by subjecting Investigator Garcia to disparate disciplinary

treatment.

561. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission enabled such unlawful

behavior by ratifying, confirming, and affirming such unlawful behavior and by

not stopping and/or preventing such unlawful behavior.

562. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

shown by the adverse employment actions taken against her which are set forth

above.

563. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

564. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

Page 233 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 234 of 625

environment, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to ongoing acts of retaliation, as set out above. Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission jointly

subjected Investigator Garcia to an unlawful retaliatory hostile environment.

565. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission have jointly violated the

proscriptions against retaliation, sexual harassment, sexual discrimination, and a

sexually hostile working environment found in Title VII and the equal protection

of the laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

566. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission failed to take effective

remedial action to end the sexual discrimination, sexual harassment, and the

sexually hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

Page 234 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 235 of 625

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

567. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

described above was done with malice and/or reckless disregard of and/or

deliberate indifference to Investigator Garcias federally protected rights.

568. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

569. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

570. Director Howell, in his individual capacity, is not afforded immunity

protection because, as stated above, a reasonable official/person in his respective

Page 235 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 236 of 625

position would have known, or should have known, that his actions would violate a

constitutional right and/or statutory right that was clearly established at the time

of the violations described herein.

571. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

572. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

573. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT XXVI
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST DEPUTY DIRECTOR PAM FLORY IN HER
OFFICIAL CAPACITY AS DEPUTY DIRECTOR OF THE
PERSONNEL/HUMAN RESOURCES DEPARTMENT OF MADISON
COUNTY, ALABAMA
(ASSERTED VIA 42 U.S.C. 1983)

574. Investigator Garcia realleges and incorporates by reference paragraphs


Page 236 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 237 of 625

1 through 573 above with the same force and effect as if fully set out in specific

detail herein below.

575. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

Page 237 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 238 of 625

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;


Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

576. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

Page 238 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 239 of 625

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

577. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry,

Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Page 239 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 240 of 625

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of sex with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

578. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

579. Sheriff Dornings, Cpt. Berrys, Cpt. Salomonskys, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint adverse employment actions taken

against Investigator Garcia enabled former Chief Deputy Sheriff Jernigans

unlawful discriminatory behavior and retaliation against Investigator Garcia by

ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans unlawful

behavior by not stopping and/or preventing Chief Deputy Sheriffs Jernigans

unlawful behavior against Investigator Garcia.

580. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Page 240 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 241 of 625

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission ratified, confirmed, and

affirmed the unlawful behavior described above by not investigating and/or by not

adequately investigating Investigator Garcias complaints and reports of such

unlawful behavior and by subjecting Investigator Garcia to disparate disciplinary

treatment.

581. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission enabled such unlawful

behavior by ratifying, confirming, and affirming such unlawful behavior and by

not stopping and/or preventing such unlawful behavior.

582. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

shown by the adverse employment actions taken against her which are set forth

above.

583. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

Page 241 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 242 of 625

working environment in the Sheriffs Office to multiple levels of supervision and

management.

584. Thereafter, in response to her complaints and reports of sexual

discrimination, sexual harassment and working in a sexually hostile working

environment, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to ongoing acts of retaliation, as set out above. Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission jointly subjected Investigator Garcia to an unlawful

retaliatory hostile environment.

585. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission have jointly violated the

proscriptions against retaliation, sexual harassment, sexual discrimination, and a

sexually hostile working environment found in Title VII and the equal protection

of the laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

586. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Page 242 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 243 of 625

Sheriffs Office, Madison County, and the Commission failed to take effective

remedial action to end the sexual discrimination, sexual harassment, and the

sexually hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

587. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

described above was done with malice and/or reckless disregard of and/or

deliberate indifference to Investigator Garcias federally protected rights.

588. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

589. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

Page 243 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 244 of 625

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

590. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

591. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

592. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT XXVII
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST DEPUTY DIRECTOR PAM FLORY IN HER
INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

593. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 592 above with the same force and effect as if fully set out in specific

detail herein below.


Page 244 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 245 of 625

594. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:


Page 245 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 246 of 625

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;


Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

595. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that

Page 246 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 247 of 625

is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

596. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference sexually

harassed, discriminated against based on sex, and subjected to a sexually hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry,

Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of sex with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and
Page 247 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 248 of 625

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

597. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

598. Sheriff Dornings, Cpt. Berrys, Cpt. Salomonskys, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint adverse employment actions taken

against Investigator Garcia enabled former Chief Deputy Sheriff Jernigans

unlawful discriminatory behavior and retaliation against Investigator Garcia by

ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans unlawful

behavior by not stopping and/or preventing Chief Deputy Sheriffs Jernigans

unlawful behavior against Investigator Garcia.

599. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission ratified, confirmed, and

affirmed the unlawful behavior described above by not investigating and/or by not

Page 248 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 249 of 625

adequately investigating Investigator Garcias complaints and reports of such

unlawful behavior and by subjecting Investigator Garcia to disparate disciplinary

treatment.

600. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission enabled such unlawful

behavior by ratifying, confirming, and affirming such unlawful behavior and by

not stopping and/or preventing such unlawful behavior.

601. Moreover, in retaliation for her opposition to and complaints of sexual

discrimination, sexual harassment, and a sexually hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

shown by the adverse employment actions taken against her which are set forth

above.

602. Garcia made reasonable and good faith complaints and reports of sex

discrimination, her being sexually harassed and working in a sexually hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

603. Thereafter, in response to her complaints and reports of sexual

Page 249 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 250 of 625

discrimination, sexual harassment and working in a sexually hostile working

environment, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to ongoing acts of retaliation, as set out above. Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission jointly

subjected Investigator Garcia to an unlawful retaliatory hostile environment.

604. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission have jointly violated the

proscriptions against retaliation, sexual harassment, sexual discrimination, and a

sexually hostile working environment found in Title VII and the equal protection

of the laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

605. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.

Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission failed to take effective

remedial action to end the sexual discrimination, sexual harassment, and the

sexually hostile working environment in the Sheriffs Office as well as the

Page 250 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 251 of 625

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

606. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

described above was done with malice and/or reckless disregard of and/or

deliberate indifference to Investigator Garcias federally protected rights.

607. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

608. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

609. Deputy Director Flory, in her individual capacity, is not afforded

Page 251 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 252 of 625

immunity protection because, as stated above, a reasonable official/person in her

respective position would have known, or should have known, that her actions

would violate a constitutional right and/or statutory right that was clearly

established at the time of the violations described herein.

610. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

611. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

612. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.

Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

H. CLAIMS BASED ON RACE AND RETALIATION

COUNT XXVIII
(CLAIMS BASED ON RACE AND RETALIATION)
RACIAL HARASSMENT, A RACIALLY HOSTILE WORKING
ENVIRONMENT, RACIAL DISCRIMINATION, AND RETALIATION IN
VIOLATION OF TITLE VII, 1981, AND THE FOURTEENTH
AMENDMENT AGAINST SHERIFF BLAKE L. DORNING IN HIS
OFFICIAL CAPACITY AS SHERIFF OF MADISON COUNTY,
ALABAMA
Page 252 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 253 of 625

(ASSERTED VIA 42 U.S.C. 1983)

613. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 612 above with the same force and effect as if fully set out in specific

detail herein below.

614. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission jointly thereby discriminating against Investigator

Garcia on the basis of race with respect to the terms, conditions, and privileges of

her employment in violation of Title VII, 1981, and the equal protection of the

laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

615. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint decisions regarding the adverse

employment actions taken against Investigator Garcia not only instigated, but

ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.

616. Sheriff Dornings, Director Howells, Deputy Director Florys,

Page 253 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 254 of 625

Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint adverse employment actions taken against Investigator Garcia

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory behavior

and retaliation against Investigator Garcia by ratifying, confirming, and affirming

Chief Deputy Sheriff Jernigans unlawful behavior by not stopping and/or

preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Investigator Garcia.

617. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission ratified,

confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

618. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission enabled such

unlawful behavior by ratifying, confirming, and affirming such unlawful behavior

and by not stopping and/or preventing such unlawful behavior.

619. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Director Howell,

Page 254 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 255 of 625

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission as shown by the adverse employment actions taken against

her which are set forth above.

620. Garcia made reasonable and good faith complaints and reports of

racial discrimination, her being racially harassed and working in a racially hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

621. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission jointly

subjected Investigator Garcia to ongoing acts of retaliation, as set out above.

Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to an unlawful retaliatory hostile environment.

622. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission have jointly

violated the proscriptions against retaliation, racial harassment, discrimination, and

a racially hostile working environment found in Title VII, 1981, and the equal

protection of the laws, the Fourteenth Amendment, through the vehicle of 42

Page 255 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 256 of 625

U.S.C. 1983.

623. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission failed to take

effective remedial action to end the racial discrimination, racial harassment, and

the racially hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

624. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission as described above was done with

malice and/or reckless disregard of and/or deliberate indifference to Investigator

Garcias federally protected rights.

625. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

626. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Page 256 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 257 of 625

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions conduct as described above caused and

is still causing Investigator Garcia emotional distress, mental anguish, loss of

enjoyment of life, inconvenience, and humiliation.

627. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

628. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

629. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions unlawful conduct as set forth herein unless

enjoined by this Court.

COUNT XXIX
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST SHERIFF BLAKE L. DORNING
IN HIS INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

630. Investigator Garcia realleges and incorporates by reference paragraphs


Page 257 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 258 of 625

1 through 629 above with the same force and effect as if fully set out in specific

detail herein below.

631. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission jointly thereby discriminating against Investigator

Garcia on the basis of race with respect to the terms, conditions, and privileges of

her employment in violation of Title VII, 1981, and the equal protection of the

laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

632. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint decisions regarding the adverse

employment actions taken against Investigator Garcia not only instigated, but

ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.

633. Sheriff Dornings, Director Howells, Deputy Director Florys,

Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint adverse employment actions taken against Investigator Garcia

Page 258 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 259 of 625

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory behavior

and retaliation against Investigator Garcia by ratifying, confirming, and affirming

Chief Deputy Sheriff Jernigans unlawful behavior by not stopping and/or

preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Investigator Garcia.

634. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission ratified,

confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

635. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission enabled such

unlawful behavior by ratifying, confirming, and affirming such unlawful behavior

and by not stopping and/or preventing such unlawful behavior.

636. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission as shown by the adverse employment actions taken against

Page 259 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 260 of 625

her which are set forth above.

637. Garcia made reasonable and good faith complaints and reports of

racial discrimination, her being racially harassed and working in a racially hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

638. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission jointly

subjected Investigator Garcia to ongoing acts of retaliation, as set out above.

Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to an unlawful retaliatory hostile environment.

639. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission have jointly

violated the proscriptions against retaliation, racial harassment, discrimination, and

a racially hostile working environment found in Title VII, 1981, and the equal

protection of the laws, the Fourteenth Amendment, through the vehicle of 42

U.S.C. 1983.

640. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Page 260 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 261 of 625

Strong, the Sheriffs Office, Madison County, and the Commission failed to take

effective remedial action to end the racial discrimination, racial harassment, and

the racially hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

641. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission as described above was done with

malice and/or reckless disregard of and/or deliberate indifference to Investigator

Garcias federally protected rights.

642. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

643. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions conduct as described above caused and

Page 261 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 262 of 625

is still causing Investigator Garcia emotional distress, mental anguish, loss of

enjoyment of life, inconvenience, and humiliation.

644. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

645. Sheriff Dorning, in his individual capacity, is not afforded immunity

protection because, as stated above, a reasonable official/person in his respective

position would have known, or should have known, that his actions would violate a

constitutional right and/or statutory right that was clearly established at the time

of the violations described herein.

646. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

647. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions unlawful conduct as set forth herein unless

enjoined by this Court.

COUNT XXX
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
Page 262 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 263 of 625

RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE


FOURTEENTH AMENDMENT AGAINST CHIEF DEPUTY SHERIFF
DAVID K. JERNIGAN IN HIS OFFICIAL CAPACITY AS CHIEF DEPUTY
SHERIFF OF MADISON COUNTY, ALABAMA
(ASSERTED VIA 42 U.S.C. 1983)

648. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 647 above with the same force and effect as if fully set out in specific

detail herein below.

649. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission jointly thereby discriminating against Investigator

Garcia on the basis of race with respect to the terms, conditions, and privileges of

her employment in violation of Title VII, 1981, and the equal protection of the

laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

650. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint decisions regarding the adverse

employment actions taken against Investigator Garcia not only instigated, but

ratified, confirmed, and affirmed such unlawful discrimination and retaliation

Page 263 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 264 of 625

against Investigator Garcia.

651. Sheriff Dornings, Director Howells, Deputy Director Florys,

Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint adverse employment actions taken against Investigator Garcia

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory behavior

and retaliation against Investigator Garcia by ratifying, confirming, and affirming

Chief Deputy Sheriff Jernigans unlawful behavior by not stopping and/or

preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Investigator Garcia.

652. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission ratified,

confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

653. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission enabled such

unlawful behavior by ratifying, confirming, and affirming such unlawful behavior

and by not stopping and/or preventing such unlawful behavior.

654. Moreover, in retaliation for her opposition to and complaints of racial

Page 264 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 265 of 625

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission as shown by the adverse employment actions taken against

her which are set forth above.

655. Investigator Garcia made reasonable and good faith complaints and

reports of racial discrimination, her being racially harassed and working in a

racially hostile working environment in the Sheriffs Office to multiple levels of

supervision and management.

656. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission jointly subjected Investigator Garcia to ongoing acts of

retaliation, as set out above. Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office,

Madison County, and the Commission jointly subjected Investigator Garcia to an

unlawful retaliatory hostile environment.

657. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

Page 265 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 266 of 625

and the Commission have jointly violated the proscriptions against retaliation,

racial harassment, discrimination, and a racially hostile working environment

found in Title VII, 1981, and the equal protection of the laws, the Fourteenth

Amendment, through the vehicle of 42 U.S.C. 1983.

658. Sheriff Dorning, Chief Deputy Sheriff Jernign, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission failed to take effective remedial action to end the racial

discrimination, racial harassment, and the racially hostile working environment in

the Sheriffs Office as well as the retaliatory hostile environment they created for

Investigator Garcia, and instead the retaliatory hostile environment continued and

escalated with Investigator Garcias being retaliated against in response to her

complaints, reports, and opposition. These ongoing acts of retaliation and adverse

employment actions are set forth above.

659. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission as described above was done with

malice and/or reckless disregard of and/or deliberate indifference to Investigator

Garcias federally protected rights.

660. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

Page 266 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 267 of 625

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

661. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions conduct as described above caused and

is still causing Investigator Garcia emotional distress, mental anguish, loss of

enjoyment of life, inconvenience, and humiliation.

662. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

663. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

664. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions unlawful conduct as set forth herein unless

enjoined by this Court.

COUNT XXXII
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
Page 267 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 268 of 625

RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE


FOURTEENTH AMENDMENT AGAINST CHIEF DEPUTY SHERIFF
DAVID K. JERNIGAN IN HIS INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

665. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 664 above with the same force and effect as if fully set out in specific

detail herein below.

666. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission jointly thereby discriminating against Investigator

Garcia on the basis of race with respect to the terms, conditions, and privileges of

her employment in violation of Title VII, 1981, and the equal protection of the

laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

667. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint decisions regarding the adverse

employment actions taken against Investigator Garcia not only instigated, but

ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.


Page 268 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 269 of 625

668. Sheriff Dornings, Director Howells, Deputy Director Florys,

Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint adverse employment actions taken against Investigator Garcia

enabled former Chief Deputy Sheriff Jernigans and Lt. Chaffins unlawful

discriminatory behavior and retaliation against Investigator Garcia by ratifying,

confirming, and affirming Chief Deputy Sheriff Jernigans and Lt. Chaffins

unlawful behavior by not stopping and/or preventing Chief Deputy Sheriffs

Jernigans unlawful behavior against Investigator Garcia.

669. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission ratified,

confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

670. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission enabled such

unlawful behavior by ratifying, confirming, and affirming such unlawful behavior

and by not stopping and/or preventing such unlawful behavior.

671. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Page 269 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 270 of 625

Investigator Garcia was retaliated against by Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission as shown by the adverse

employment actions taken against her which are set forth above.

672. Garcia made reasonable and good faith complaints and reports of

racial discrimination, her being racially harassed and working in a racially hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

673. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Lt. Chaffin, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission jointly subjected Investigator Garcia to ongoing acts

of retaliation, as set out above. Sheriff Dorning, Chief Deputy Sheriff Jernigan, lt.

Chaffin, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission jointly subjected Investigator Garcia

to an unlawful retaliatory hostile environment.

674. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Lt. Chaffin, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission have jointly violated the proscriptions against

Page 270 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 271 of 625

retaliation, racial harassment, discrimination, and a racially hostile working

environment found in Title VII, 1981, and the equal protection of the laws, the

Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

675. Sheriff Dorning, Director Howell, Chief Deputy Sheriff Jernigan, Lt.

Chaffin, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission failed to take effective remedial action to end the

racial discrimination, racial harassment, and the racially hostile working

environment in the Sheriffs Office as well as the retaliatory hostile environment

they created for Investigator Garcia, and instead the retaliatory hostile environment

continued and escalated with Investigator Garcias being retaliated against in

response to her complaints, reports, and opposition. These ongoing acts of

retaliation and adverse employment actions are set forth above.

676. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Lt. Chaffin, Director Howell, Deputy Director Flory, Chairman Strong,

the Sheriffs Office, Madison County, and the Commission as described above was

done with malice and/or reckless disregard of and/or deliberate indifference to

Investigator Garcias federally protected rights.

677. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

Page 271 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 272 of 625

to those violations.

678. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions conduct as described above caused and

is still causing Investigator Garcia emotional distress, mental anguish, loss of

enjoyment of life, inconvenience, and humiliation.

679. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

680. Chief Deputy Sheriff Jernigan, in his individual capacity, is not

afforded immunity protection because, as stated above, a reasonable official/person

in his respective position would have known, or should have known, that his

actions would violate a constitutional right and/or statutory right that was clearly

established at the time of the violations described herein.

681. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

682. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Page 272 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 273 of 625

Countys, and the Commissions unlawful conduct as set forth herein unless

enjoined by this Court.

COUNT XXXII
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST CAPTAIN CHARLES BERRY
IN HIS OFFICIAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

683. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 682 above with the same force and effect as if fully set out in specific

detail herein below.

684. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Captain Charles Berry (Cpt. Berry), Sheriff Dorning, Chief

Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of race with respect to the

terms, conditions, and privileges of her employment in violation of Title VII,

1981, and the equal protection of the laws, the Fourteenth Amendment, through

the vehicle of 42 U.S.C. 1983.

685. Cpt. Berrys, Sheriff Dornings, Chief Deputy Sheriff Jernigans,


Page 273 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 274 of 625

Director Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs

Offices, Madison Countys, and the Commissions joint decisions regarding the

adverse employment actions taken against Investigator Garcia not only instigated,

but ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.

686. Cpt. Berrys, Sheriff Dornings, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint adverse employment actions taken against Investigator Garcia

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory behavior

and retaliation against Investigator Garcia by ratifying, confirming, and affirming

Chief Deputy Sheriff Jernigans unlawful behavior by not stopping and/or

preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Investigator Garcia.

687. Cpt. Berry, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

ratified, confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

688. Cpt. Berry, Sheriff Dorning, Director Howell, Deputy Director Flory,

Page 274 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 275 of 625

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

enabled such unlawful behavior by ratifying, confirming, and affirming such

unlawful behavior and by not stopping and/or preventing such unlawful behavior.

689. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Cpt. Berry, Sheriff Dorning, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission as shown by the adverse employment actions taken

against her which are set forth above.

690. Garcia made reasonable and good faith complaints and reports of

racial discrimination, her being racially harassed and working in a racially hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

691. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Cpt. Berry, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

jointly subjected Investigator Garcia to ongoing acts of retaliation, as set out

above. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman Strong,

the Sheriffs Office, Madison County, and the Commission jointly subjected

Page 275 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 276 of 625

Investigator Garcia to an unlawful retaliatory hostile environment.

692. Cpt. Berry, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission have

jointly violated the proscriptions against retaliation, racial harassment,

discrimination, and a racially hostile working environment found in Title VII,

1981, and the equal protection of the laws, the Fourteenth Amendment, through

the vehicle of 42 U.S.C. 1983.

693. Cpt. Berry, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

failed to take effective remedial action to end the racial discrimination, racial

harassment, and the racially hostile working environment in the Sheriffs Office as

well as the retaliatory hostile environment they created for Investigator Garcia, and

instead the retaliatory hostile environment continued and escalated with

Investigator Garcias being retaliated against in response to her complaints,

reports, and opposition. These ongoing acts of retaliation and adverse employment

actions are set forth above.

694. The joint unlawful conduct of Cpt. Berry, Sheriff Dorning, Chief

Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission as described

above was done with malice and/or reckless disregard of and/or deliberate

Page 276 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 277 of 625

indifference to Investigator Garcias federally protected rights.

695. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

696. Cpt. Berrys, Sheriff Dornings, Chief Deputy Sheriff Jernigans,

Director Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs

Offices, Madison Countys, and the Commissions conduct as described above

caused and is still causing Investigator Garcia emotional distress, mental anguish,

loss of enjoyment of life, inconvenience, and humiliation.

697. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

698. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

699. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Cpt. Berrys, Sheriff Dornings, Chief Deputy Sheriff Jernigans,

Director Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs

Offices, Madison Countys, and the Commissions unlawful conduct as set forth

Page 277 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 278 of 625

herein unless enjoined by this Court.

COUNT XXXIV
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST CHARLES BERRY IN HIS
INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

700. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 699 above with the same force and effect as if fully set out in specific

detail herein below.

701. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Cpt. Berry, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office,

Madison County, and the Commission jointly thereby discriminating against

Investigator Garcia on the basis of race with respect to the terms, conditions, and

privileges of her employment in violation of Title VII, 1981, and the equal

protection of the laws, the Fourteenth Amendment, through the vehicle of 42

U.S.C. 1983.

702. Cpt. Berrys, Sheriff Dornings, Chief Deputy Sheriff Jernigans,

Director Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs


Page 278 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 279 of 625

Offices, Madison Countys, and the Commissions joint decisions regarding the

adverse employment actions taken against Investigator Garcia not only instigated,

but ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.

703. Cpt. Berrys, Sheriff Dornings, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint adverse employment actions taken against Investigator Garcia

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory behavior

and retaliation against Investigator Garcia by ratifying, confirming, and affirming

Chief Deputy Sheriff Jernigans unlawful behavior by not stopping and/or

preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Investigator Garcia.

704. Cpt. Berry, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

ratified, confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

705. Cpt. Berry, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

Page 279 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 280 of 625

enabled such unlawful behavior by ratifying, confirming, and affirming such

unlawful behavior and by not stopping and/or preventing such unlawful behavior.

706. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Cpt. Berry, Sheriff Dorning, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission as shown by the adverse employment actions taken

against her which are set forth above.

707. Garcia made reasonable and good faith complaints and reports of

racial discrimination, her being racially harassed and working in a racially hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

708. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Cpt. Berry, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

jointly subjected Investigator Garcia to ongoing acts of retaliation, as set out

above. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman Strong,

the Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to an unlawful retaliatory hostile environment.

Page 280 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 281 of 625

709. Cpt. Berry, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission have

jointly violated the proscriptions against retaliation, racial harassment,

discrimination, and a racially hostile working environment found in Title VII,

1981, and the equal protection of the laws, the Fourteenth Amendment, through

the vehicle of 42 U.S.C. 1983.

710. Cpt. Berry, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

failed to take effective remedial action to end the racial discrimination, racial

harassment, and the racially hostile working environment in the Sheriffs Office as

well as the retaliatory hostile environment they created for Investigator Garcia, and

instead the retaliatory hostile environment continued and escalated with

Investigator Garcias being retaliated against in response to her complaints,

reports, and opposition. These ongoing acts of retaliation and adverse employment

actions are set forth above.

711. The joint unlawful conduct of Cpt. Berry, Sheriff Dorning, Chief

Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission as described

above was done with malice and/or reckless disregard of and/or deliberate

indifference to Investigator Garcias federally protected rights.

Page 281 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 282 of 625

712. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

713. Cpt. Berrys, Sheriff Dornings, Chief Deputy Sheriff Jernigans,

Director Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs

Offices, Madison Countys, and the Commissions conduct as described above

caused and is still causing Investigator Garcia emotional distress, mental anguish,

loss of enjoyment of life, inconvenience, and humiliation.

714. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

715. Cpt. Berry, in his individual capacity, is not afforded immunity

protection because, as stated above, a reasonable official/person in his respective

position would have known, or should have known, that his actions would violate a

constitutional right and/or statutory right that was clearly established at the time

of the violations described herein.

716. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

Page 282 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 283 of 625

717. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Cpt. Berrys, Sheriff Dornings, Chief Deputy Sheriff Jernigans,

Director Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs

Offices, Madison Countys, and the Commissions unlawful conduct as set forth

herein unless enjoined by this Court.

COUNT XXXIV
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST CAPTAIN MICHAEL
SALOMONSKY IN HIS OFFICIAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

718. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 717 above with the same force and effect as if fully set out in specific

detail herein below.

719. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Captain Michael Salomonsky (Cpt. Salomonsky) Sheriff

Dorning, Chief Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

jointly thereby discriminating against Investigator Garcia on the basis of race with

respect to the terms, conditions, and privileges of her employment in violation of


Page 283 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 284 of 625

Title VII, 1981, and the equal protection of the laws, the Fourteenth Amendment,

through the vehicle of 42 U.S.C. 1983.

720. Cpt. Salomonskys, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

721. Cpt. Salomonskys, Sheriff Dornings, Director Howells, Deputy

Director Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and

the Commissions joint adverse employment actions taken against Investigator

Garcia enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory

behavior and retaliation against Investigator Garcia by ratifying, confirming, and

affirming Chief Deputy Sheriff Jernigans unlawful behavior by not stopping

and/or preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Investigator Garcia.

722. Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission ratified, confirmed, and affirmed the unlawful behavior described

above by not investigating and/or by not adequately investigating Investigator

Page 284 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 285 of 625

Garcias complaints and reports of such unlawful behavior and by subjecting

Investigator Garcia to disparate disciplinary treatment.

723. Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission enabled such unlawful behavior by ratifying, confirming, and

affirming such unlawful behavior and by not stopping and/or preventing such

unlawful behavior.

724. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Cpt. Salomonsky, Sheriff Dorning,

Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office,

Madison County, and the Commission as shown by the adverse employment

actions taken against her which are set forth above.

725. Garcia made reasonable and good faith complaints and reports of

racial discrimination, her being racially harassed and working in a racially hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

726. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy Director

Page 285 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 286 of 625

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly subjected Investigator Garcia to ongoing acts of retaliation, as

set out above. Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly subjected Investigator Garcia to an unlawful retaliatory hostile

environment.

727. Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission have jointly violated the proscriptions against retaliation, racial

harassment, discrimination, and a racially hostile working environment found in

Title VII, 1981, and the equal protection of the laws, the Fourteenth Amendment,

through the vehicle of 42 U.S.C. 1983.

728. Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission failed to take effective remedial action to end the racial

discrimination, racial harassment, and the racially hostile working environment in

the Sheriffs Office as well as the retaliatory hostile environment they created for

Investigator Garcia, and instead the retaliatory hostile environment continued and

escalated with Investigator Garcias being retaliated against in response to her

complaints, reports, and opposition. These ongoing acts of retaliation and adverse

Page 286 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 287 of 625

employment actions are set forth above.

729. The joint unlawful conduct of Cpt. Salomonsky, Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission as described

above was done with malice and/or reckless disregard of and/or deliberate

indifference to Investigator Garcias federally protected rights.

730. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

731. Cpt. Salomonskys, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

732. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

733. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

Page 287 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 288 of 625

judgment is her only means of securing adequate relief.

734. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Cpt. Salomonskys, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT XXXV
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST MICHAEL SALOMONSKY IN
HIS INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

735. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 734 above with the same force and effect as if fully set out in specific

detail herein below.

736. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Cpt. Salomonsky, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission jointly thereby discriminating

against Investigator Garcia on the basis of race with respect to the terms,
Page 288 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 289 of 625

conditions, and privileges of her employment in violation of Title VII, 1981, and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

737. Cpt. Salomonskys, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

738. Cpt. Salomonskys, Sheriff Dornings, Director Howells, Deputy

Director Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and

the Commissions joint adverse employment actions taken against Investigator

Garcia enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory

behavior and retaliation against Investigator Garcia by ratifying, confirming, and

affirming Chief Deputy Sheriff Jernigans unlawful behavior by not stopping

and/or preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Investigator Garcia.

739. Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission ratified, confirmed, and affirmed the unlawful behavior described

Page 289 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 290 of 625

above by not investigating and/or by not adequately investigating Investigator

Garcias complaints and reports of such unlawful behavior and by subjecting

Investigator Garcia to disparate disciplinary treatment.

740. Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission enabled such unlawful behavior by ratifying, confirming, and

affirming such unlawful behavior and by not stopping and/or preventing such

unlawful behavior.

741. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Cpt. Salomonsky, Sheriff Dorning,

Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office,

Madison County, and the Commission as shown by the adverse employment

actions taken against her which are set forth above.

742. Garcia made reasonable and good faith complaints and reports of

racial discrimination, her being racially harassed and working in a racially hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

743. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

Page 290 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 291 of 625

environment, Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly subjected Investigator Garcia to ongoing acts of retaliation, as

set out above. Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly subjected Investigator Garcia to an unlawful retaliatory hostile

environment.

744. Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission have jointly violated the proscriptions against retaliation, racial

harassment, discrimination, and a racially hostile working environment found in

Title VII, 1981, and the equal protection of the laws, the Fourteenth Amendment,

through the vehicle of 42 U.S.C. 1983.

745. Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission failed to take effective remedial action to end the racial

discrimination, racial harassment, and the racially hostile working environment in

the Sheriffs Office as well as the retaliatory hostile environment they created for

Investigator Garcia, and instead the retaliatory hostile environment continued and

escalated with Investigator Garcias being retaliated against in response to her

Page 291 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 292 of 625

complaints, reports, and opposition. These ongoing acts of retaliation and adverse

employment actions are set forth above.

746. The joint unlawful conduct of Cpt. Salomonsky, Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission as described

above was done with malice and/or reckless disregard of and/or deliberate

indifference to Investigator Garcias federally protected rights.

747. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

748. Cpt. Salomonskys, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

749. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

750. Cpt. Salomonsky, in his individual capacity, is not afforded immunity

protection because, as stated above, a reasonable official/person in his respective

Page 292 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 293 of 625

position would have known, or should have known, that his actions would violate a

constitutional right and/or statutory right that was clearly established at the time

of the violations described herein.

751. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

752. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Cpt. Salomonskys, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT XXXVI
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST THE SHERIFFS OFFICE
(ASSERTED VIA 42 U.S.C. 1983)

753. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 752 above with the same force and effect as if fully set out in specific

detail herein below.

754. As set forth above, Investigator Garcia was willfully and/or

Page 293 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 294 of 625

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission jointly thereby discriminating against Investigator

Garcia on the basis of race with respect to the terms, conditions, and privileges of

her employment in violation of Title VII, 1981, and the equal protection of the

laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

755. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint decisions regarding the adverse

employment actions taken against Investigator Garcia not only instigated, but

ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.

756. Sheriff Dornings, Director Howells, Deputy Director Florys,

Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint adverse employment actions taken against Investigator Garcia

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory behavior

and retaliation against Investigator Garcia by ratifying, confirming, and affirming

Chief Deputy Sheriff Jernigans unlawful behavior by not stopping and/or

Page 294 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 295 of 625

preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Investigator Garcia.

757. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission ratified,

confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

758. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission enabled such

unlawful behavior by ratifying, confirming, and affirming such unlawful behavior

and by not stopping and/or preventing such unlawful behavior.

759. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission as shown by the adverse employment actions taken against

her which are set forth above.

760. Garcia made reasonable and good faith complaints and reports of

racial discrimination, her being racially harassed and working in a racially hostile

Page 295 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 296 of 625

working environment in the Sheriffs Office to multiple levels of supervision and

management.

761. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission jointly

subjected Investigator Garcia to ongoing acts of retaliation, as set out above.

Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to an unlawful retaliatory hostile environment.

762. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission have jointly

violated the proscriptions against retaliation, racial harassment, discrimination, and

a racially hostile working environment found in Title VII, 1981, and the equal

protection of the laws, the Fourteenth Amendment, through the vehicle of 42

U.S.C. 1983.

763. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission failed to take

effective remedial action to end the racial discrimination, racial harassment, and

the racially hostile working environment in the Sheriffs Office as well as the

Page 296 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 297 of 625

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

764. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission as described above was done with

malice and/or reckless disregard of and/or deliberate indifference to Investigator

Garcias federally protected rights.

765. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

766. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions conduct as described above caused and

is still causing Investigator Garcia emotional distress, mental anguish, loss of

enjoyment of life, inconvenience, and humiliation.

767. Investigator Garcia has been further damaged in that she has lost

Page 297 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 298 of 625

income and benefits, both past and future.

768. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

769. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions unlawful conduct as set forth herein unless

enjoined by this Court.

COUNT XXXVII
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST MADISON COUNTY,
ALABAMA
(ASSERTED VIA 42 U.S.C. 1983)

770. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 769 above with the same force and effect as if fully set out in specific

detail herein below.

771. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile


Page 298 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 299 of 625

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission jointly thereby discriminating against Investigator

Garcia on the basis of race with respect to the terms, conditions, and privileges of

her employment in violation of Title VII, 1981, and the equal protection of the

laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

772. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint decisions regarding the adverse

employment actions taken against Investigator Garcia not only instigated, but

ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.

773. Sheriff Dornings, Director Howells, Deputy Director Florys,

Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint adverse employment actions taken against Investigator Garcia

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory behavior

and retaliation against Investigator Garcia by ratifying, confirming, and affirming

Chief Deputy Sheriff Jernigans unlawful behavior by not stopping and/or

preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Investigator Garcia.

Page 299 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 300 of 625

774. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission ratified,

confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

775. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission enabled such

unlawful behavior by ratifying, confirming, and affirming such unlawful behavior

and by not stopping and/or preventing such unlawful behavior.

776. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission as shown by the adverse employment actions taken against

her which are set forth above.

777. Garcia made reasonable and good faith complaints and reports of

racial discrimination, her being racially harassed and working in a racially hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

Page 300 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 301 of 625

778. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission jointly

subjected Investigator Garcia to ongoing acts of retaliation, as set out above.

Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to an unlawful retaliatory hostile environment.

779. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission have jointly

violated the proscriptions against retaliation, racial harassment, discrimination, and

a racially hostile working environment found in Title VII, 1981, and the equal

protection of the laws, the Fourteenth Amendment, through the vehicle of 42

U.S.C. 1983.

780. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission failed to take

effective remedial action to end the racial discrimination, racial harassment, and

the racially hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

Page 301 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 302 of 625

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

781. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission as described above was done with

malice and/or reckless disregard of and/or deliberate indifference to Investigator

Garcias federally protected rights.

782. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

783. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions conduct as described above caused and

is still causing Investigator Garcia emotional distress, mental anguish, loss of

enjoyment of life, inconvenience, and humiliation.

784. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

785. Investigator Garcia has no plain, adequate, or complete remedy at law

Page 302 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 303 of 625

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

786. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions unlawful conduct as set forth herein unless

enjoined by this Court.

COUNT XXXVIII
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST THE MADISON COUNTY,
ALABAMA COMMISSION
(ASSERTED VIA 42 U.S.C. 1983)

787. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 786 above with the same force and effect as if fully set out in specific

detail herein below.

788. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison
Page 303 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 304 of 625

County, and the Commission jointly thereby discriminating against Investigator

Garcia on the basis of race with respect to the terms, conditions, and privileges of

her employment in violation of Title VII, 1981, and the equal protection of the

laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

789. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint decisions regarding the adverse

employment actions taken against Investigator Garcia not only instigated, but

ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.

790. Sheriff Dornings, Director Howells, Deputy Director Florys,

Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint adverse employment actions taken against Investigator Garcia

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory behavior

and retaliation against Investigator Garcia by ratifying, confirming, and affirming

Chief Deputy Sheriff Jernigans unlawful behavior by not stopping and/or

preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Investigator Garcia.

791. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission ratified,

Page 304 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 305 of 625

confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

792. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission enabled such

unlawful behavior by ratifying, confirming, and affirming such unlawful behavior

and by not stopping and/or preventing such unlawful behavior.

793. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission as shown by the adverse employment actions taken against

her which are set forth above.

794. Garcia made reasonable and good faith complaints and reports of

racial discrimination, her being racially harassed and working in a racially hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

795. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

Page 305 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 306 of 625

environment, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission jointly

subjected Investigator Garcia to ongoing acts of retaliation, as set out above.

Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to an unlawful retaliatory hostile environment.

796. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission have jointly

violated the proscriptions against retaliation, racial harassment, discrimination, and

a racially hostile working environment found in Title VII, 1981, and the equal

protection of the laws, the Fourteenth Amendment, through the vehicle of 42

U.S.C. 1983.

797. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission failed to take

effective remedial action to end the racial discrimination, racial harassment, and

the racially hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

Page 306 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 307 of 625

above.

798. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission as described above was done with

malice and/or reckless disregard of and/or deliberate indifference to Investigator

Garcias federally protected rights.

799. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

800. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions conduct as described above caused and

is still causing Investigator Garcia emotional distress, mental anguish, loss of

enjoyment of life, inconvenience, and humiliation.

801. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

802. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

Page 307 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 308 of 625

judgment is her only means of securing adequate relief.

803. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions unlawful conduct as set forth herein unless

enjoined by this Court.

COUNT XXXIX
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST CHAIRMAN DALE W.
STRONG IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE
MADISON COUNTY, ALABAMA COMMISSION
(ASSERTED VIA 42 U.S.C. 1983)

804. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 803 above with the same force and effect as if fully set out in specific

detail herein below.

805. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

Page 308 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 309 of 625

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.

(b) The personnel department shall consist of a personnel


board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;

Page 309 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 310 of 625


Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

806. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County

Page 310 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 311 of 625

Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory


and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

807. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission jointly thereby discriminating against Investigator

Garcia on the basis of race with respect to the terms, conditions, and privileges of

her employment in violation of Title VII, 1981, and the equal protection of the

laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

808. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint decisions regarding the adverse

Page 311 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 312 of 625

employment actions taken against Investigator Garcia not only instigated, but

ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.

809. Sheriff Dornings, Director Howells, Deputy Director Florys,

Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint adverse employment actions taken against Investigator Garcia

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory behavior

and retaliation against Investigator Garcia by ratifying, confirming, and affirming

Chief Deputy Sheriff Jernigans unlawful behavior by not stopping and/or

preventing Chief Deputy Sheriff Jernigans unlawful behavior against Investigator

Garcia.

810. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission ratified,

confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

811. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission enabled such

unlawful behavior by ratifying, confirming, and affirming such unlawful behavior

Page 312 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 313 of 625

and by not stopping and/or preventing such unlawful behavior.

812. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission as shown by the adverse employment actions taken against

her which are set forth above.

813. Garcia made reasonable and good faith complaints and reports of

racial discrimination, her being racially harassed and working in a racially hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

814. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission jointly

subjected Investigator Garcia to ongoing acts of retaliation, as set out above.

Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to an unlawful retaliatory hostile environment.

815. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Page 313 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 314 of 625

Strong, the Sheriffs Office, Madison County, and the Commission have jointly

violated the proscriptions against retaliation, racial harassment, discrimination, and

a racially hostile working environment found in Title VII, 1981, and the equal

protection of the laws, the Fourteenth Amendment, through the vehicle of 42

U.S.C. 1983.

816. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission failed to take

effective remedial action to end the racial discrimination, racial harassment, and

the racially hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

817. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission as described above was done with

malice and/or reckless disregard of and/or deliberate indifference to Investigator

Garcias federally protected rights.

818. Investigator Garcia suffered damages as a proximate result of these

Page 314 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 315 of 625

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

819. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions conduct as described above caused and

is still causing Investigator Garcia emotional distress, mental anguish, loss of

enjoyment of life, inconvenience, and humiliation.

820. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

821. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

822. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions unlawful conduct as set forth herein unless

enjoined by this Court.

COUNT XL
(CLAIMS BASED ON RACE AND RETALIATION)
Page 315 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 316 of 625

CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE


WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST DALE W. STRONG IN HIS
INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

823. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 822 above with the same force and effect as if fully set out in specific

detail herein below.

824. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:


Page 316 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 317 of 625

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;

Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the

Page 317 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 318 of 625

Madison County Courthouse. If for any reason an individual feels that


they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

825. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.
Page 318 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 319 of 625

826. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director

Howell, Deputy Director Flory, Dale W. Strong (Strong), the Sheriffs Office,

Madison County, and the Commission jointly thereby discriminating against

Investigator Garcia on the basis of race with respect to the terms, conditions, and

privileges of her employment in violation of Title VII, 1981, and the equal

protection of the laws, the Fourteenth Amendment, through the vehicle of 42

U.S.C. 1983.

827. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions joint decisions regarding the adverse employment

actions taken against Investigator Garcia not only instigated, but ratified,

confirmed, and affirmed such unlawful discrimination and retaliation against

Investigator Garcia.

828. Sheriff Dornings, Director Howells, Deputy Director Florys,

Strongs, the Sheriffs Offices, Madison Countys, and the Commissions joint

adverse employment actions taken against Investigator Garcia enabled former

Chief Deputy Sheriff Jernigans unlawful discriminatory behavior and retaliation


Page 319 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 320 of 625

against Investigator Garcia by ratifying, confirming, and affirming Chief Deputy

Sheriff Jernigans unlawful behavior by not stopping and/or preventing Chief

Deputy Sheriffs Jernigans unlawful behavior against Investigator Garcia.

8299999. Sheriff Dorning, Director Howell, Deputy Director Flory,

Strong, the Sheriffs Office, Madison County, and the Commission ratified,

confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

830. Sheriff Dorning, Director Howell, Deputy Director Flory, Strong, the

Sheriffs Office, Madison County, and the Commission enabled such unlawful

behavior by ratifying, confirming, and affirming such unlawful behavior and by

not stopping and/or preventing such unlawful behavior.

831. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Director Howell,

Deputy Director Flory, Strong, the Sheriffs Office, Madison County, and the

Commission as shown by the adverse employment actions taken against her which

are set forth above.

832. Garcia made reasonable and good faith complaints and reports of

Page 320 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 321 of 625

racial discrimination, her being racially harassed and working in a racially hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

833. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Sheriff Dorning, Director Howell, Deputy Director Flory, Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to ongoing acts of retaliation, as set out above. Sheriff Dorning,

Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office,

Madison County, and the Commission jointly subjected Investigator Garcia to an

unlawful retaliatory hostile environment.

834. Sheriff Dorning, Director Howell, Deputy Director Flory, Strong, the

Sheriffs Office, Madison County, and the Commission have jointly violated the

proscriptions against retaliation, racial harassment, discrimination, and a racially

hostile working environment found in Title VII, 1981, and the equal protection of

the laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

835. Sheriff Dorning, Director Howell, Deputy Director Flory, Strong, the

Sheriffs Office, Madison County, and the Commission failed to take effective

remedial action to end the racial discrimination, racial harassment, and the racially

hostile working environment in the Sheriffs Office as well as the retaliatory

Page 321 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 322 of 625

hostile environment they created for Investigator Garcia, and instead the retaliatory

hostile environment continued and escalated with Investigator Garcias being

retaliated against in response to her complaints, reports, and opposition. These

ongoing acts of retaliation and adverse employment actions are set forth above.

836. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Strong, the Sheriffs Office,

Madison County, and the Commission as described above was done with malice

and/or reckless disregard of and/or deliberate indifference to Investigator Garcias

federally protected rights.

837. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

838. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions conduct as described above caused and is still

causing Investigator Garcia emotional distress, mental anguish, loss of

enjoyment of life, inconvenience, and humiliation.

839. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

Page 322 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 323 of 625

840. Dale W. Strong, in his individual capacity, is not afforded immunity

protection because, as stated above, a reasonable official/person in his respective

position would have known, or should have known, that his actions would violate a

constitutional right and/or statutory right that was clearly established at the time

of the violations described herein.

841. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

842. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director Howells,

Deputy Director Florys, Strongs, the Sheriffs Offices, Madison Countys, and

the Commissions unlawful conduct as set forth herein unless enjoined by this

Court.

COUNT XLI
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST COMMISSIONER ROGER
JONES IN HIS OFFICIAL CAPACITY AS A COMMISSIONER OF THE
MADISON COUNTY, ALABAMA COMMISSION
(ASSERTED VIA 42 U.S.C. 1983)

843. Investigator Garcia realleges and incorporates by reference paragraphs

Page 323 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 324 of 625

1 through 842 above with the same force and effect as if fully set out in specific

detail herein below.

844. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

Page 324 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 325 of 625

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;


Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

845. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

Page 325 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 326 of 625

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.

There is no chain of command when it comes to reporting


harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

846. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Commissioner Jones, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs
Page 326 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 327 of 625

Office, Madison County, and the Commission jointly thereby discriminating

against Investigator Garcia on the basis of race with respect to the terms,

conditions, and privileges of her employment in violation of Title VII, 1981, and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

847. Commissioner Jones, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

848. Commissioner Jones, Sheriff Dornings, Director Howells, Deputy

Director Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and

the Commissions joint adverse employment actions taken against Investigator

Garcia enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory

behavior and retaliation against Investigator Garcia by ratifying, confirming, and

affirming Chief Deputy Sheriff Jernigans unlawful behavior by not stopping

and/or preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Investigator Garcia.

849. Commissioner Jones, Sheriff Dorning, Director Howell, Deputy

Page 327 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 328 of 625

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission ratified, confirmed, and affirmed the unlawful behavior described

above by not investigating and/or by not adequately investigating Investigator

Garcias complaints and reports of such unlawful behavior and by subjecting

Investigator Garcia to disparate disciplinary treatment.

850. Commissioner Jones, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission enabled such unlawful behavior by ratifying, confirming, and

affirming such unlawful behavior and by not stopping and/or preventing such

unlawful behavior.

851. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Commissioner Jones, Sheriff

Dorning, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission as shown by the adverse

employment actions taken against her which are set forth above.

852. Garcia made reasonable and good faith complaints and reports of

racial discrimination, her being racially harassed and working in a racially hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

Page 328 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 329 of 625

853. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Commissioner Jones, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly subjected Investigator Garcia to ongoing acts of retaliation, as

set out above. Commissioner Jones, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly subjected Investigator Garcia to an unlawful retaliatory hostile

environment.

854. Commissioner Jones, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission have jointly violated the proscriptions against retaliation, racial

harassment, discrimination, and a racially hostile working environment found in

Title VII, 1981, and the equal protection of the laws, the Fourteenth Amendment,

through the vehicle of 42 U.S.C. 1983.

855. Commissioner Jones, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission failed to take effective remedial action to end the racial

discrimination, racial harassment, and the racially hostile working environment in

the Sheriffs Office as well as the retaliatory hostile environment they created for

Page 329 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 330 of 625

Investigator Garcia, and instead the retaliatory hostile environment continued and

escalated with Investigator Garcias being retaliated against in response to her

complaints, reports, and opposition. These ongoing acts of retaliation and adverse

employment actions are set forth above.

856. The joint unlawful conduct of Commissioner Jones, Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission as described

above was done with malice and/or reckless disregard of and/or deliberate

indifference to Investigator Garcias federally protected rights.

857. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

858. Commissioner Jones, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

859. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

Page 330 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 331 of 625

860. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

861. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Commissioner Jones, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT XLIII
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST ROGER JONES IN HIS
INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

862. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 861 above with the same force and effect as if fully set out in specific

detail herein below.

863. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:


Page 331 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 332 of 625

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:


Page 332 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 333 of 625

c. All employees of the County Sheriff;


Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

864. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
Page 333 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 334 of 625

the following individuals: Personnel Director, Jermie Howell (256) 532-


3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

865. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Roger Jones (Jones), Sheriff Dorning, Chief Deputy

Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of race with respect to the

terms, conditions, and privileges of her employment in violation of Title VII,

1981, and the equal protection of the laws, the Fourteenth Amendment, through

the vehicle of 42 U.S.C. 1983.

866. Jones, Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director


Page 334 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 335 of 625

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint decisions regarding the adverse

employment actions taken against Investigator Garcia not only instigated, but

ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.

867. Joness, Sheriff Dornings, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint adverse employment actions taken against Investigator Garcia

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory behavior

and retaliation against Investigator Garcia by ratifying, confirming, and affirming

Chief Deputy Sheriff Jernigans unlawful behavior by not stopping and/or

preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Investigator Garcia.

868. Jones, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

ratified, confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

869. Jones, Sheriff Dorning, Director Howell, Deputy Director Flory,

Page 335 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 336 of 625

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

enabled such unlawful behavior by ratifying, confirming, and affirming such

unlawful behavior and by not stopping and/or preventing such unlawful behavior.

870. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Jones, Sheriff Dorning, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission as shown by the adverse employment actions taken

against her which are set forth above.

871. Garcia made reasonable and good faith complaints and reports of

racial discrimination, her being racially harassed and working in a racially hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

872. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Jones, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

jointly subjected Investigator Garcia to ongoing acts of retaliation, as set out

above. Jones, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission jointly

Page 336 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 337 of 625

subjected Investigator Garcia to an unlawful retaliatory hostile environment.

873. Jones, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission have

jointly violated the proscriptions against retaliation, racial harassment,

discrimination, and a racially hostile working environment found in Title VII,

1981, and the equal protection of the laws, the Fourteenth Amendment, through

the vehicle of 42 U.S.C. 1983.

874. Jones, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

failed to take effective remedial action to end the racial discrimination, racial

harassment, and the racially hostile working environment in the Sheriffs Office as

well as the retaliatory hostile environment they created for Investigator Garcia, and

instead the retaliatory hostile environment continued and escalated with

Investigator Garcias being retaliated against in response to her complaints,

reports, and opposition. These ongoing acts of retaliation and adverse employment

actions are set forth above.

875. The joint unlawful conduct of Jones, Sheriff Dorning, Chief Deputy

Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission as described above was

done with malice and/or reckless disregard of and/or deliberate indifference to

Page 337 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 338 of 625

Investigator Garcias federally protected rights.

876. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

877. Jones, Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions conduct as described above caused and

is still causing Investigator Garcia emotional distress, mental anguish, loss of

enjoyment of life, inconvenience, and humiliation.

878. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

879. Jones, in his individual capacity, is not afforded immunity protection

because, as stated above, a reasonable official/person in his respective position

would have known, or should have known, that his actions would violate a

constitutional right and/or statutory right that was clearly established at the time

of the violations described herein.

880. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

Page 338 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 339 of 625

judgment is her only means of securing adequate relief.

881. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Jones, Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions unlawful conduct as set forth herein

unless enjoined by this Court.

COUNT XLIII
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST COMMISSIONER STEVE
HARAWAY IN HIS OFFICIAL CAPACITY AS A COMMISSIONER OF
THE MADISON COUNTY, ALABAMA COMMISSION
(ASSERTED VIA 42 U.S.C. 1983)

882. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 881 above with the same force and effect as if fully set out in specific

detail herein below.

883. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

Page 339 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 340 of 625

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;


Page 340 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 341 of 625

Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

884. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Page 341 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 342 of 625

Any supervisor or Department Head who becomes aware of possible


sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

885. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Commissioner Haraway, Sheriff Dorning, Chief Deputy

Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of race with respect to the

terms, conditions, and privileges of her employment in violation of Title VII,

1981, and the equal protection of the laws, the Fourteenth Amendment, through

the vehicle of 42 U.S.C. 1983.

886. Commissioner Haraways, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

Page 342 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 343 of 625

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

887. Commissioner Haraways, Sheriff Dornings, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions joint adverse employment actions taken against

Investigator Garcia enabled former Chief Deputy Sheriff Jernigans unlawful

discriminatory behavior and retaliation against Investigator Garcia by ratifying,

confirming, and affirming Chief Deputy Sheriff Jernigans unlawful behavior by

not stopping and/or preventing Chief Deputy Sheriffs Jernigans unlawful

behavior against Investigator Garcia.

888. Commissioner Haraway, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission ratified, confirmed, and affirmed the unlawful behavior described

above by not investigating and/or by not adequately investigating Investigator

Garcias complaints and reports of such unlawful behavior and by subjecting

Investigator Garcia to disparate disciplinary treatment.

889. Commissioner Haraway, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission enabled such unlawful behavior by ratifying, confirming, and

Page 343 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 344 of 625

affirming such unlawful behavior and by not stopping and/or preventing such

unlawful behavior.

890. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Commissioner Haraway, Sheriff

Dorning, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission as shown by the adverse

employment actions taken against her which are set forth above.

891. Garcia made reasonable and good faith complaints and reports of

racial discrimination, her being racially harassed and working in a racially hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

892. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Commissioner Haraway, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly subjected Investigator Garcia to ongoing acts of retaliation, as

set out above. Commissioner Haraway, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly subjected Investigator Garcia to an unlawful retaliatory hostile

Page 344 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 345 of 625

environment.

893. Commissioner Haraway, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission have jointly violated the proscriptions against retaliation, racial

harassment, discrimination, and a racially hostile working environment found in

Title VII, 1981, and the equal protection of the laws, the Fourteenth Amendment,

through the vehicle of 42 U.S.C. 1983.

894. Commissioner Haraway, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission failed to take effective remedial action to end the racial

discrimination, racial harassment, and the racially hostile working environment in

the Sheriffs Office as well as the retaliatory hostile environment they created for

Investigator Garcia, and instead the retaliatory hostile environment continued and

escalated with Investigator Garcias being retaliated against in response to her

complaints, reports, and opposition. These ongoing acts of retaliation and adverse

employment actions are set forth above.

895. The joint unlawful conduct of Commissioner Haraway, Sheriff

Dorning, Chief Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

described above was done with malice and/or reckless disregard of and/or

Page 345 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 346 of 625

deliberate indifference to Investigator Garcias federally protected rights.

896. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

897. Commissioner Haraways, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

898. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

899. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

900. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Commissioner Haraways, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

Page 346 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 347 of 625

set forth herein unless enjoined by this Court.

COUNT XLIV
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST STEVE HARAWAY IN HIS
INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

901. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 900 above with the same force and effect as if fully set out in specific

detail herein below.

902. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Page 347 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 348 of 625

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;


Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
Page 348 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 349 of 625

3614 or County Administrator, Kevin Jones (256) 532-3492. The


offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

903. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
Page 349 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 350 of 625

supervisor before contacting the County Administrator or the Personnel


Director to file a claim of harassment.

904. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Steve Haraway (Haraway), Sheriff Dorning, Chief Deputy

Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of race with respect to the

terms, conditions, and privileges of her employment in violation of Title VII,

1981, and the equal protection of the laws, the Fourteenth Amendment, through

the vehicle of 42 U.S.C. 1983.

905. Haraways, Sheriff Dornings, Chief Deputy Sheriff Jernigans,

Director Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs

Offices, Madison Countys, and the Commissions joint decisions regarding the

adverse employment actions taken against Investigator Garcia not only instigated,

but ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.

906. Haraways, Sheriff Dornings, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Page 350 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 351 of 625

Commissions joint adverse employment actions taken against Investigator Garcia

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory behavior

and retaliation against Investigator Garcia by ratifying, confirming, and affirming

Chief Deputy Sheriff Jernigans unlawful behavior by not stopping and/or

preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Investigator Garcia.

907. Haraway, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

ratified, confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

908. Haraway, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

enabled such unlawful behavior by ratifying, confirming, and affirming such

unlawful behavior and by not stopping and/or preventing such unlawful behavior.

909. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Haraway, Sheriff Dorning, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

Page 351 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 352 of 625

County, and the Commission as shown by the adverse employment actions taken

against her which are set forth above.

910. Garcia made reasonable and good faith complaints and reports of

racial discrimination, her being racially harassed and working in a racially hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

911. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Haraways, Sheriff Dorning, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly subjected Investigator Garcia to ongoing acts of retaliation, as

set out above. Haraway, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

jointly subjected Investigator Garcia to an unlawful retaliatory hostile

environment.

912. Haraway, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission have

jointly violated the proscriptions against retaliation, racial harassment,

discrimination, and a racially hostile working environment found in Title VII,

1981, and the equal protection of the laws, the Fourteenth Amendment, through

Page 352 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 353 of 625

the vehicle of 42 U.S.C. 1983.

913. Haraway, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

failed to take effective remedial action to end the racial discrimination, racial

harassment, and the racially hostile working environment in the Sheriffs Office as

well as the retaliatory hostile environment they created for Investigator Garcia, and

instead the retaliatory hostile environment continued and escalated with

Investigator Garcias being retaliated against in response to her complaints,

reports, and opposition. These ongoing acts of retaliation and adverse employment

actions are set forth above.

914. The joint unlawful conduct of Haraway, Sheriff Dorning, Chief

Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission as described

above was done with malice and/or reckless disregard of and/or deliberate

indifference to Investigator Garcias federally protected rights.

915. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

916. Haraways, Sheriff Dornings, Chief Deputy Sheriff Jernigans,

Page 353 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 354 of 625

Director Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs

Offices, Madison Countys, and the Commissions conduct as described above

caused and is still causing Investigator Garcia emotional distress, mental anguish,

loss of enjoyment of life, inconvenience, and humiliation.

917. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

918. Haraway, in his individual capacity, is not afforded immunity

protection because, as stated above, a reasonable official/person in his respective

position would have known, or should have known, that his actions would violate a

constitutional right and/or statutory right that was clearly established at the time

of the violations described herein.

919. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

920. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Haraways, Sheriff Dornings, Chief Deputy Sheriff Jernigans,

Director Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs

Offices, Madison Countys, and the Commissions unlawful conduct as set forth

herein unless enjoined by this Court.

Page 354 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 355 of 625

COUNT XLV
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST COMMISSIONER CRAIG
HILL IN HIS OFFICIAL CAPACITY AS A COMMISSIONER OF THE
MADISON COUNTY, ALABAMA COMMISSION
(ASSERTED VIA 42 U.S.C. 1983)

921. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 920 above with the same force and effect as if fully set out in specific

detail herein below.

922. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Page 355 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 356 of 625

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;


Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
Page 356 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 357 of 625

3614 or County Administrator, Kevin Jones (256) 532-3492. The


offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

923. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
Page 357 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 358 of 625

supervisor before contacting the County Administrator or the Personnel


Director to file a claim of harassment.

924. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Commissioner Hill, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission jointly thereby discriminating

against Investigator Garcia on the basis of race with respect to the terms,

conditions, and privileges of her employment in violation of Title VII, 1981, and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

925. Commissioner Hills, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

926. Commissioner Hills, Sheriff Dornings, Director Howells, Deputy

Director Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and

Page 358 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 359 of 625

the Commissions joint adverse employment actions taken against Investigator

Garcia enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory

behavior and retaliation against Investigator Garcia by ratifying, confirming, and

affirming Chief Deputy Sheriff Jernigans unlawful behavior by not stopping

and/or preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Investigator Garcia.

927. Commissioner Hill, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission ratified, confirmed, and affirmed the unlawful behavior described

above by not investigating and/or by not adequately investigating Investigator

Garcias complaints and reports of such unlawful behavior and by subjecting

Investigator Garcia to disparate disciplinary treatment.

928. Commissioner Hill, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission enabled such unlawful behavior by ratifying, confirming, and

affirming such unlawful behavior and by not stopping and/or preventing such

unlawful behavior.

929. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Commissioner Hill, Sheriff Dorning,

Page 359 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 360 of 625

Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office,

Madison County, and the Commission as shown by the adverse employment

actions taken against her which are set forth above.

930. Garcia made reasonable and good faith complaints and reports of

racial discrimination, her being racially harassed and working in a racially hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

931. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Commissioner Hill, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly subjected Investigator Garcia to ongoing acts of retaliation, as

set out above. Commissioner Hill, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly subjected Investigator Garcia to an unlawful retaliatory hostile

environment.

932. Commissioner Hill, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission have jointly violated the proscriptions against retaliation, racial

harassment, discrimination, and a racially hostile working environment found in

Page 360 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 361 of 625

Title VII, 1981, and the equal protection of the laws, the Fourteenth Amendment,

through the vehicle of 42 U.S.C. 1983.

933. Commissioner Hill, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission failed to take effective remedial action to end the racial

discrimination, racial harassment, and the racially hostile working environment in

the Sheriffs Office as well as the retaliatory hostile environment they created for

Investigator Garcia, and instead the retaliatory hostile environment continued and

escalated with Investigator Garcias being retaliated against in response to her

complaints, reports, and opposition. These ongoing acts of retaliation and adverse

employment actions are set forth above.

934. The joint unlawful conduct of Commissioner Hill, Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission as described

above was done with malice and/or reckless disregard of and/or deliberate

indifference to Investigator Garcias federally protected rights.

935. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

Page 361 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 362 of 625

936. Commissioner Hills, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

937. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

938. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

939. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Commissioner Hills, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT XLV
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST CRAIG HILL IN HIS
INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)
Page 362 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 363 of 625

940. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 939 above with the same force and effect as if fully set out in specific

detail herein below.

941. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the


Page 363 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 364 of 625

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;


Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

942. On or about December 15, 2016, a new Madison County Employee

Page 364 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 365 of 625

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

943. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Craig Hill (Hill), Sheriff Dorning, Chief Deputy Sheriff
Page 365 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 366 of 625

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission jointly thereby discriminating

against Investigator Garcia on the basis of race with respect to the terms,

conditions, and privileges of her employment in violation of Title VII, 1981, and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

944. Hills, Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint decisions regarding the adverse

employment actions taken against Investigator Garcia not only instigated, but

ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.

945. Hills,, Sheriff Dornings, Director Howells, Deputy Director Florys,

Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint adverse employment actions taken against Investigator Garcia

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory behavior

and retaliation against Investigator Garcia by ratifying, confirming, and affirming

Chief Deputy Sheriff Jernigans unlawful behavior by not stopping and/or

preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Investigator Garcia.

Page 366 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 367 of 625

946. Hill, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

ratified, confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

947. Hill, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

enabled such unlawful behavior by ratifying, confirming, and affirming such

unlawful behavior and by not stopping and/or preventing such unlawful behavior.

948. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Hill, Sheriff Dorning, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission as shown by the adverse employment actions taken

against her which are set forth above.

949. Garcia made reasonable and good faith complaints and reports of

racial discrimination, her being racially harassed and working in a racially hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

Page 367 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 368 of 625

950. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Hills, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

jointly subjected Investigator Garcia to ongoing acts of retaliation, as set out

above. Hill, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission jointly

subjected Investigator Garcia to an unlawful retaliatory hostile environment.

951. Hill, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission have

jointly violated the proscriptions against retaliation, racial harassment,

discrimination, and a racially hostile working environment found in Title VII,

1981, and the equal protection of the laws, the Fourteenth Amendment, through

the vehicle of 42 U.S.C. 1983.

952. Hill, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

failed to take effective remedial action to end the racial discrimination, racial

harassment, and the racially hostile working environment in the Sheriffs Office as

well as the retaliatory hostile environment they created for Investigator Garcia, and

instead the retaliatory hostile environment continued and escalated with

Page 368 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 369 of 625

Investigator Garcias being retaliated against in response to her complaints,

reports, and opposition. These ongoing acts of retaliation and adverse employment

actions are set forth above.

953. The joint unlawful conduct of Hill, Sheriff Dorning, Chief Deputy

Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission as described above was

done with malice and/or reckless disregard of and/or deliberate indifference to

Investigator Garcias federally protected rights.

954. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

955. Hills, Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions conduct as described above caused and

is still causing Investigator Garcia emotional distress, mental anguish, loss of

enjoyment of life, inconvenience, and humiliation.

956. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

957. Hill, in his individual capacity, is not afforded immunity protection

Page 369 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 370 of 625

because, as stated above, a reasonable official/person in his respective position

would have known, or should have known, that his actions would violate a

constitutional right and/or statutory right that was clearly established at the time

of the violations described herein.

958. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

959. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Hills, Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions unlawful conduct as set forth herein

unless enjoined by this Court.

COUNT XLVI
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST COMMISSIONER PHIL
VANDIVER IN HIS OFFICIAL CAPACITY AS A COMMISSIONER OF
THE MADISON COUNTY, ALABAMA COMMISSION
(ASSERTED VIA 42 U.S.C. 1983)

960. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 959 above with the same force and effect as if fully set out in specific

Page 370 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 371 of 625

detail herein below.

961. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

Page 371 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 372 of 625

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;

Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

962. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office
Page 372 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 373 of 625

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

963. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Commissioner Vandiver, Sheriff Dorning, Chief Deputy

Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the

Page 373 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 374 of 625

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of race with respect to the

terms, conditions, and privileges of her employment in violation of Title VII,

1981, and the equal protection of the laws, the Fourteenth Amendment, through

the vehicle of 42 U.S.C. 1983.

964. Commissioner Vandivers, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

965. Commissioner Vandivers, Sheriff Dornings, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions joint adverse employment actions taken against

Investigator Garcia enabled former Chief Deputy Sheriff Jernigans unlawful

discriminatory behavior and retaliation against Investigator Garcia by ratifying,

confirming, and affirming Chief Deputy Sheriff Jernigans unlawful behavior by

not stopping and/or preventing Chief Deputy Sheriffs Jernigans unlawful

behavior against Investigator Garcia.

966. Commissioner Vandiver, Sheriff Dorning, Director Howell, Deputy

Page 374 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 375 of 625

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission ratified, confirmed, and affirmed the unlawful behavior described

above by not investigating and/or by not adequately investigating Investigator

Garcias complaints and reports of such unlawful behavior and by subjecting

Investigator Garcia to disparate disciplinary treatment.

967. Commissioner Vandiver, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission enabled such unlawful behavior by ratifying, confirming, and

affirming such unlawful behavior and by not stopping and/or preventing such

unlawful behavior.

968. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Commissioner Vandiver, Sheriff

Dorning, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission as shown by the adverse

employment actions taken against her which are set forth above.

969. Garcia made reasonable and good faith complaints and reports of

racial discrimination, her being racially harassed and working in a racially hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

Page 375 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 376 of 625

970. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Commissioner Vandiver, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly subjected Investigator Garcia to ongoing acts of retaliation, as

set out above. Commissioner Vandiver, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly subjected Investigator Garcia to an unlawful retaliatory hostile

environment.

971. Commissioner Vandiver, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission have jointly violated the proscriptions against retaliation, racial

harassment, discrimination, and a racially hostile working environment found in

Title VII, 1981, and the equal protection of the laws, the Fourteenth Amendment,

through the vehicle of 42 U.S.C. 1983.

972. Commissioner Vandiver, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission failed to take effective remedial action to end the racial

discrimination, racial harassment, and the racially hostile working environment in

the Sheriffs Office as well as the retaliatory hostile environment they created for

Page 376 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 377 of 625

Investigator Garcia, and instead the retaliatory hostile environment continued and

escalated with Investigator Garcias being retaliated against in response to her

complaints, reports, and opposition. These ongoing acts of retaliation and adverse

employment actions are set forth above.

973. The joint unlawful conduct of Commissioner Vandiver, Sheriff

Dorning, Chief Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

described above was done with malice and/or reckless disregard of and/or

deliberate indifference to Investigator Garcias federally protected rights.

974. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

975. Commissioner Vandivers, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

976. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

Page 377 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 378 of 625

977. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

978. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Commissioner Vandivers, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT XLVII
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST PHIL VANDIVER IN HIS
INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

979. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 978 above with the same force and effect as if fully set out in specific

detail herein below.

980. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:


Page 378 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 379 of 625

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
(b) The personnel department shall consist of a personnel
board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:


Page 379 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 380 of 625

c. All employees of the County Sheriff;

Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

981. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.

Page 380 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 381 of 625

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

982. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Phil Vandiver (Vandiver), Sheriff Dorning, Chief Deputy

Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of race with respect to the

terms, conditions, and privileges of her employment in violation of Title VII,

1981, and the equal protection of the laws, the Fourteenth Amendment, through

the vehicle of 42 U.S.C. 1983.

Page 381 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 382 of 625

983. Vandivers, Sheriff Dornings, Chief Deputy Sheriff Jernigans,

Director Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs

Offices, Madison Countys, and the Commissions joint decisions regarding the

adverse employment actions taken against Investigator Garcia not only instigated,

but ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.

984. Vandivers,, Sheriff Dornings, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint adverse employment actions taken against Investigator Garcia

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory behavior

and retaliation against Investigator Garcia by ratifying, confirming, and affirming

Chief Deputy Sheriff Jernigans unlawful behavior by not stopping and/or

preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Investigator Garcia.

985. Vandiver, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

ratified, confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

Page 382 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 383 of 625

986. Vandiver, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

enabled such unlawful behavior by ratifying, confirming, and affirming such

unlawful behavior and by not stopping and/or preventing such unlawful behavior.

987. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Vandiver, Sheriff Dorning, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission as shown by the adverse employment actions taken

against her which are set forth above.

988. Garcia made reasonable and good faith complaints and reports of

racial discrimination, her being racially harassed and working in a racially hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

989. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Vandivers, Sheriff Dorning, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly subjected Investigator Garcia to ongoing acts of retaliation, as

set out above. Vandiver, Sheriff Dorning, Director Howell, Deputy Director Flory,

Page 383 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 384 of 625

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

jointly subjected Investigator Garcia to an unlawful retaliatory hostile

environment.

990. Vandiver, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission have

jointly violated the proscriptions against retaliation, racial harassment,

discrimination, and a racially hostile working environment found in Title VII,

1981, and the equal protection of the laws, the Fourteenth Amendment, through

the vehicle of 42 U.S.C. 1983.

991. Vandiver, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

failed to take effective remedial action to end the racial discrimination, racial

harassment, and the racially hostile working environment in the Sheriffs Office as

well as the retaliatory hostile environment they created for Investigator Garcia, and

instead the retaliatory hostile environment continued and escalated with

Investigator Garcias being retaliated against in response to her complaints,

reports, and opposition. These ongoing acts of retaliation and adverse employment

actions are set forth above.

992. The joint unlawful conduct of Vandiver, Sheriff Dorning, Chief

Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman

Page 384 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 385 of 625

Strong, the Sheriffs Office, Madison County, and the Commission as described

above was done with malice and/or reckless disregard of and/or deliberate

indifference to Investigator Garcias federally protected rights.

993. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

994. Vandivers, Sheriff Dornings, Chief Deputy Sheriff Jernigans,

Director Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs

Offices, Madison Countys, and the Commissions conduct as described above

caused and is still causing Investigator Garcia emotional distress, mental anguish,

loss of enjoyment of life, inconvenience, and humiliation.

995. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

996. Vandiver, in his individual capacity, is not afforded immunity

protection because, as stated above, a reasonable official/person in his respective

position would have known, or should have known, that his actions would violate a

constitutional right and/or statutory right that was clearly established at the time

of the violations described herein.

997. Investigator Garcia has no plain, adequate, or complete remedy at law

Page 385 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 386 of 625

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

998. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Vandivers, Sheriff Dornings, Chief Deputy Sheriff Jernigans,

Director Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs

Offices, Madison Countys, and the Commissions unlawful conduct as set forth

herein unless enjoined by this Court.

COUNT XLVIII
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST COMMISSIONER PHIL
RIDDICK IN HIS OFFICIAL CAPACITY AS A COMMISSIONER OF THE
MADISON COUNTY, ALABAMA COMMISSION
(ASSERTED VIA 42 U.S.C. 1983)

999. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 998 above with the same force and effect as if fully set out in specific

detail herein below.

1000. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

Page 386 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 387 of 625

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.

(b) The personnel department shall consist of a personnel


board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

Page 387 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 388 of 625

c. All employees of the County Sheriff;

Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

1001. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Page 388 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 389 of 625

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

1002. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Commissioner Riddick, Sheriff Dorning, Chief Deputy

Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of race with respect to the

terms, conditions, and privileges of her employment in violation of Title VII,

1981, and the equal protection of the laws, the Fourteenth Amendment, through

the vehicle of 42 U.S.C. 1983.

Page 389 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 390 of 625

1003. Commissioner Riddicks, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

1004. Commissioner Riddicks, Sheriff Dornings, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions joint adverse employment actions taken against

Investigator Garcia enabled former Chief Deputy Sheriff Jernigans unlawful

discriminatory behavior and retaliation against Investigator Garcia by ratifying,

confirming, and affirming Chief Deputy Sheriff Jernigans unlawful behavior by

not stopping and/or preventing Chief Deputy Sheriffs Jernigans unlawful

behavior against Investigator Garcia.

1005. Commissioner Riddick, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission ratified, confirmed, and affirmed the unlawful behavior described

above by not investigating and/or by not adequately investigating Investigator

Garcias complaints and reports of such unlawful behavior and by subjecting

Investigator Garcia to disparate disciplinary treatment.

Page 390 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 391 of 625

1006. Commissioner Riddick, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission enabled such unlawful behavior by ratifying, confirming, and

affirming such unlawful behavior and by not stopping and/or preventing such

unlawful behavior.

1007. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Commissioner Riddick, Sheriff

Dorning, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission as shown by the adverse

employment actions taken against her which are set forth above.

1008. Garcia made reasonable and good faith complaints and reports of

racial discrimination, her being racially harassed and working in a racially hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

1009. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Commissioner Riddick, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly subjected Investigator Garcia to ongoing acts of retaliation, as

Page 391 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 392 of 625

set out above. Commissioner Riddick, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly subjected Investigator Garcia to an unlawful retaliatory hostile

environment.

1010. Commissioner Riddick, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission have jointly violated the proscriptions against retaliation, racial

harassment, discrimination, and a racially hostile working environment found in

Title VII, 1981, and the equal protection of the laws, the Fourteenth Amendment,

through the vehicle of 42 U.S.C. 1983.

1011. Commissioner Riddick, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission failed to take effective remedial action to end the racial

discrimination, racial harassment, and the racially hostile working environment in

the Sheriffs Office as well as the retaliatory hostile environment they created for

Investigator Garcia, and instead the retaliatory hostile environment continued and

escalated with Investigator Garcias being retaliated against in response to her

complaints, reports, and opposition. These ongoing acts of retaliation and adverse

employment actions are set forth above.

1012. The joint unlawful conduct of Commissioner Riddick, Sheriff

Page 392 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 393 of 625

Dorning, Chief Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

described above was done with malice and/or reckless disregard of and/or

deliberate indifference to Investigator Garcias federally protected rights.

1013. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

1014. Commissioner Riddicks, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

1015. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

1016. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

1017. Investigator Garcia is suffering and will continue to suffer irreparable

Page 393 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 394 of 625

injury from Commissioner Riddicks, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT XLIX
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST PHIL RIDDICK IN HIS
INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

1018. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 1017 above with the same force and effect as if fully set out in specific

detail herein below.

1019. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.

Page 394 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 395 of 625

(b) The personnel department shall consist of a personnel


board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;

Page 48

Appendix 2:
Page 395 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 396 of 625

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

1020. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
Page 396 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 397 of 625

confidential manner. Any supervisor who fails to make notification when


harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

1021. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Phil Riddick (Riddick), Sheriff Dorning, Chief Deputy

Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of race with respect to the

terms, conditions, and privileges of her employment in violation of Title VII,

1981, and the equal protection of the laws, the Fourteenth Amendment, through

the vehicle of 42 U.S.C. 1983.

1022. Riddicks, Sheriff Dornings, Chief Deputy Sheriff Jernigans,

Director Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs

Offices, Madison Countys, and the Commissions joint decisions regarding the

adverse employment actions taken against Investigator Garcia not only instigated,

Page 397 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 398 of 625

but ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.

1023. Riddicks, Sheriff Dornings, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint adverse employment actions taken against Investigator Garcia

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory behavior

and retaliation against Investigator Garcia by ratifying, confirming, and affirming

Chief Deputy Sheriff Jernigans unlawful behavior by not stopping and/or

preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Investigator Garcia.

1024. Riddick, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

ratified, confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

1025. Riddick, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

enabled such unlawful behavior by ratifying, confirming, and affirming such

unlawful behavior and by not stopping and/or preventing such unlawful behavior.

Page 398 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 399 of 625

1026. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Riddick, Sheriff Dorning, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission as shown by the adverse employment actions taken

against her which are set forth above.

1027. Garcia made reasonable and good faith complaints and reports of

racial discrimination, her being racially harassed and working in a racially hostile

working environment in the Sheriffs Office to multiple levels of supervision and

management.

1028. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Riddicks, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

jointly subjected Investigator Garcia to ongoing acts of retaliation, as set out

above. Riddick, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

jointly subjected Investigator Garcia to an unlawful retaliatory hostile

environment.

1029. Riddick, Sheriff Dorning, Director Howell, Deputy Director Flory,

Page 399 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 400 of 625

Chairman Strong, the Sheriffs Office, Madison County, and the Commission have

jointly violated the proscriptions against retaliation, racial harassment,

discrimination, and a racially hostile working environment found in Title VII,

1981, and the equal protection of the laws, the Fourteenth Amendment, through

the vehicle of 42 U.S.C. 1983.

1030. Riddick, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

failed to take effective remedial action to end the racial discrimination, racial

harassment, and the racially hostile working environment in the Sheriffs Office as

well as the retaliatory hostile environment they created for Investigator Garcia, and

instead the retaliatory hostile environment continued and escalated with

Investigator Garcias being retaliated against in response to her complaints,

reports, and opposition. These ongoing acts of retaliation and adverse employment

actions are set forth above.

1031. The joint unlawful conduct of Riddick, Sheriff Dorning, Chief

Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission as described

above was done with malice and/or reckless disregard of and/or deliberate

indifference to Investigator Garcias federally protected rights.

1032. Investigator Garcia suffered damages as a proximate result of these

Page 400 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 401 of 625

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

1033. Riddicks, Sheriff Dornings, Chief Deputy Sheriff Jernigans,

Director Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs

Offices, Madison Countys, and the Commissions conduct as described above

caused and is still causing Investigator Garcia emotional distress, mental anguish,

loss of enjoyment of life, inconvenience, and humiliation.

1034. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

1035. Riddick, in his individual capacity, is not afforded immunity

protection because, as stated above, a reasonable official/person in his respective

position would have known, or should have known, that his actions would violate a

constitutional right and/or statutory right that was clearly established at the time

of the violations described herein.

1036. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

1037. Investigator Garcia is suffering and will continue to suffer irreparable

Page 401 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 402 of 625

injury from Riddicks, Sheriff Dornings, Chief Deputy Sheriff Jernigans,

Director Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs

Offices, Madison Countys, and the Commissions unlawful conduct as set forth

herein unless enjoined by this Court.

COUNT L
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST DIRECTOR JERMIE HOWELL
IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE
PERSONNEL/HUMAN RESOURCES DEPARTMENT OF MADISON
COUNTY, ALABAMA
(ASSERTED VIA 42 U.S.C. 1983)

1038. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 1037 above with the same force and effect as if fully set out in specific

detail herein below.

1039. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the

Page 402 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 403 of 625

government and control of all employees and appointees holding


position in the classified service, as defined in Section 4.

(b) The personnel department shall consist of a personnel


board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;

Page 403 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 404 of 625

Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

1040. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Page 404 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 405 of 625

Any supervisor or Department Head who becomes aware of possible


sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

1041. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Commissioner Riddick, Sheriff Dorning, Chief Deputy

Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of race with respect to the

terms, conditions, and privileges of her employment in violation of Title VII,

1981, and the equal protection of the laws, the Fourteenth Amendment, through

the vehicle of 42 U.S.C. 1983.

1042. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint decisions regarding the adverse

Page 405 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 406 of 625

employment actions taken against Investigator Garcia not only instigated, but

ratified, confirmed, and affirmed such unlawful discrimination, harassment, and

retaliation against Investigator Garcia.

1043. Sheriff Dornings, Director Howells, Deputy Director Florys,

Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint adverse employment actions taken against Investigator Garcia

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory and

harassing behavior toward and retaliation against Investigator Garcia by ratifying,

confirming, and affirming Chief Deputy Sheriff Jernigans unlawful behavior by

not stopping and/or preventing Chief Deputy Sheriffs Jernigans unlawful

behavior against Investigator Garcia.

1044. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission ratified,

confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment and adverse employment actions.

1045. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission enabled such

unlawful behavior by ratifying, confirming, and affirming such unlawful behavior

Page 406 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 407 of 625

and by not stopping and/or preventing such unlawful behavior.

1046. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission as shown by the adverse employment actions taken against

her which are set forth above.

1047. Investigator Garcia made reasonable and good faith complaints and

reports of racial discrimination, her being racially harassed and working in a

racially hostile working environment in the Sheriffs Office to multiple levels of

supervision and management.

1048. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission jointly

subjected Investigator Garcia to ongoing acts of retaliation, as set out above.

Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to an unlawful retaliatory hostile environment.

1049. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Page 407 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 408 of 625

Strong, the Sheriffs Office, Madison County, and the Commission have jointly

violated the proscriptions against retaliation, racial harassment, discrimination, and

a racially hostile working environment found in Title VII, 1981, and the equal

protection of the laws, the Fourteenth Amendment, through the vehicle of 42

U.S.C. 1983.

1050. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission failed to take

effective remedial action to end the racial discrimination, racial harassment, and

the racially hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

1051. The joint unlawful conduct of Commissioner Sheriff Dorning, Chief

Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission as described

above was done with malice and/or reckless disregard of and/or deliberate

indifference to Investigator Garcias federally protected rights.

1052. Investigator Garcia suffered damages as a proximate result of these

Page 408 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 409 of 625

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

1053. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions conduct as described above caused and

is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

1054. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

1055. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

1056. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions unlawful conduct as set forth herein unless

enjoined by this Court.

COUNT LI
(CLAIMS BASED ON RACE AND RETALIATION)
Page 409 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 410 of 625

CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE


WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST DIRECTOR JERMIE HOWELL
IN HIS INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

1057. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 1056 above with the same force and effect as if fully set out in specific

detail herein below.

1058. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.

(b) The personnel department shall consist of a personnel


board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

Page 410 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 411 of 625

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;

Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Page 411 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 412 of 625

Madison County Courthouse. If for any reason an individual feels that


they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

1059. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.

There is no chain of command when it comes to reporting

Page 412 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 413 of 625

harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

1060. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Commissioner Riddick, Sheriff Dorning, Chief Deputy

Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of race with respect to the

terms, conditions, and privileges of her employment in violation of Title VII,

1981, and the equal protection of the laws, the Fourteenth Amendment, through

the vehicle of 42 U.S.C. 1983.

1061. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint decisions regarding the adverse

employment actions taken against Investigator Garcia not only instigated, but

ratified, confirmed, and affirmed such unlawful discrimination, harassment, and

retaliation against Investigator Garcia.

1062. Sheriff Dornings, Director Howells, Deputy Director Florys,

Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Page 413 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 414 of 625

Commissions joint adverse employment actions taken against Investigator Garcia

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory and

harassing behavior toward and retaliation against Investigator Garcia by ratifying,

confirming, and affirming Chief Deputy Sheriff Jernigans unlawful behavior by

not stopping and/or preventing Chief Deputy Sheriffs Jernigans unlawful

behavior against Investigator Garcia.

1063. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission ratified,

confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment and adverse employment actions.

1064. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission enabled such

unlawful behavior by ratifying, confirming, and affirming such unlawful behavior

and by not stopping and/or preventing such unlawful behavior.

1065. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

Page 414 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 415 of 625

and the Commission as shown by the adverse employment actions taken against

her which are set forth above.

1066. Investigator Garcia made reasonable and good faith complaints and

reports of racial discrimination, her being racially harassed and working in a

racially hostile working environment in the Sheriffs Office to multiple levels of

supervision and management.

1067. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission jointly

subjected Investigator Garcia to ongoing acts of retaliation, as set out above.

Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to an unlawful retaliatory hostile environment.

1068. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission have jointly

violated the proscriptions against retaliation, racial harassment, discrimination, and

a racially hostile working environment found in Title VII, 1981, and the equal

protection of the laws, the Fourteenth Amendment, through the vehicle of 42

U.S.C. 1983.

Page 415 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 416 of 625

1069. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission failed to take

effective remedial action to end the racial discrimination, racial harassment, and

the racially hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

1070. The joint unlawful conduct of Commissioner Sheriff Dorning, Chief

Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission as described

above was done with malice and/or reckless disregard of and/or deliberate

indifference to Investigator Garcias federally protected rights.

1071. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

1072. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Page 416 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 417 of 625

Madison Countys, and the Commissions conduct as described above caused and

is still causing Investigator Garcia emotional distress, mental anguish, loss of

enjoyment of life, inconvenience, and humiliation.

1073. Director Howell, in his individual capacity, is not afforded immunity

protection because, as stated above, a reasonable official/person in his respective

position would have known, or should have known, that his actions would violate a

constitutional right and/or statutory right that was clearly established at the time

of the violations described herein.

1074. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

1075. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

1076. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions unlawful conduct as set forth herein unless

enjoined by this Court.

COUNT LII
(CLAIMS BASED ON RACE AND RETALIATION)
Page 417 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 418 of 625

CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE


WORKING ENVIRONMENT, RACIL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST DEPUTY DIRECTOR PAM
FLORY IN HER OFFICIAL CAPACITY AS DEPUTY DIRECTOR OF
THE PERSONNEL/HUMAN RESOURCES DEPARTMENT OF MADISON
COUNTY, ALABAMA
(ASSERTED VIA 42 U.S.C. 1983)

1077. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 1076 above with the same force and effect as if fully set out in specific

detail herein below.

1078. Deputy Director Pam Flory (Deputy Director Flory), the Sheriffs

Offices; Sheriff Dornings; Madison Countys; and, the Commissions policies

and procedures for their employees to follow, to which Sheriff Dorning and the

Sheriffs Office agreed to be bound by and to follow, regarding complaining about

and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.

(b) The personnel department shall consist of a personnel


board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.


Page 418 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 419 of 625

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;

Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
Page 419 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 420 of 625

(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-


3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

1079. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.

Page 420 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 421 of 625

There is no chain of command when it comes to reporting


harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

1080. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission jointly thereby discriminating against Investigator

Garcia on the basis of race with respect to the terms, conditions, and privileges of

her employment in violation of Title VII, 1981, and the equal protection of the

laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

1081. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint decisions regarding the adverse

employment actions taken against Investigator Garcia not only instigated, but

ratified, confirmed, and affirmed such unlawful discrimination, harassment, and

retaliation against Investigator Garcia.

1082. Sheriff Dornings, Director Howells, Deputy Director Florys,

Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint adverse employment actions taken against Investigator Garcia


Page 421 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 422 of 625

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory and

harassing behavior toward and retaliation against Investigator Garcia by ratifying,

confirming, and affirming Chief Deputy Sheriff Jernigans unlawful behavior by

not stopping and/or preventing Chief Deputy Sheriffs Jernigans unlawful

behavior against Investigator Garcia.

1083. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission ratified,

confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment and adverse employment actions.

1084. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission enabled such

unlawful behavior by ratifying, confirming, and affirming such unlawful behavior

and by not stopping and/or preventing such unlawful behavior.

1085. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission as shown by the adverse employment actions taken against

Page 422 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 423 of 625

her which are set forth above.

1086. Investigator Garcia made reasonable and good faith complaints and

reports of racial discrimination, her being racially harassed and working in a

racially hostile working environment in the Sheriffs Office to multiple levels of

supervision and management.

1087. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission jointly

subjected Investigator Garcia to ongoing acts of retaliation, as set out above.

Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to an unlawful retaliatory hostile environment.

1088. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission have jointly

violated the proscriptions against retaliation, racial harassment, discrimination, and

a racially hostile working environment found in Title VII, 1981, and the equal

protection of the laws, the Fourteenth Amendment, through the vehicle of 42

U.S.C. 1983.

1089. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Page 423 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 424 of 625

Strong, the Sheriffs Office, Madison County, and the Commission failed to take

effective remedial action to end the racial discrimination, racial harassment, and

the racially hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

1090. The joint unlawful conduct of Commissioner Sheriff Dorning, Chief

Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission as described

above was done with malice and/or reckless disregard of and/or deliberate

indifference to Investigator Garcias federally protected rights.

1091. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

1092. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions conduct as described above caused and

Page 424 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 425 of 625

is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

1093. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

1094. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

1095. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions unlawful conduct as set forth herein unless

enjoined by this Court.

COUNT LIII
(CLAIMS BASED ON RACE AND RETALIATION)
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST DEPUTY DIRECTOR PAM
FLORY IN HER INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

1096. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 1095 above with the same force and effect as if fully set out in specific

detail herein below.


Page 425 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 426 of 625

1097. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.

(b) The personnel department shall consist of a personnel


board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the


following officers and employees in the service of the county:

(c) All employees of the county sheriff;

B. The Madison County Employee Handbook, adopted by the

Madison County, Alabama Personnel Board on June 11, 2015, which was also

adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff

Dorning as their official policy and custom, and which was in effect and applicable
Page 426 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 427 of 625

at all times material to this case, provided, in pertinent part:

Page 71 Section 4.

The provisions of this Act shall apply to the following officers and
employees in the service of the county:

c. All employees of the County Sheriff;

Page 48

Appendix 2:

HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who


is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492

1098. On or about December 15, 2016, a new Madison County Employee

Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office

and Sheriff Dorning, Madison County, and the Commission as their official policy

and custom which states:


Page 427 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 428 of 625

Madison County is committed to providing a work environment that


is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
Any supervisor or Department Head who becomes aware of possible
sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.

1099. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference racially

harassed, discriminated against based on race, and subjected to a racially hostile

work environment by Commissioner Riddick, Sheriff Dorning, Chief Deputy

Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of race with respect to the

Page 428 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 429 of 625

terms, conditions, and privileges of her employment in violation of Title VII,

1981, and the equal protection of the laws, the Fourteenth Amendment, through

the vehicle of 42 U.S.C. 1983.

1100. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint decisions regarding the adverse

employment actions taken against Investigator Garcia not only instigated, but

ratified, confirmed, and affirmed such unlawful discrimination, harassment, and

retaliation against Investigator Garcia.

1101. Sheriff Dornings, Director Howells, Deputy Director Florys,

Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint adverse employment actions taken against Investigator Garcia

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory and

harassing behavior toward and retaliation against Investigator Garcia by ratifying,

confirming, and affirming Chief Deputy Sheriff Jernigans unlawful behavior by

not stopping and/or preventing Chief Deputy Sheriffs Jernigans unlawful

behavior against Investigator Garcia.

1102. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission ratified,

confirmed, and affirmed the unlawful behavior described above by not

Page 429 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 430 of 625

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment and adverse employment actions.

1103. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission enabled such

unlawful behavior by ratifying, confirming, and affirming such unlawful behavior

and by not stopping and/or preventing such unlawful behavior.

1104. Moreover, in retaliation for her opposition to and complaints of racial

discrimination, racial harassment, and a racially hostile working environment,

Investigator Garcia was retaliated against by Sheriff Dorning, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission as shown by the adverse employment actions taken against

her which are set forth above.

1105. Investigator Garcia made reasonable and good faith complaints and

reports of racial discrimination, her being racially harassed and working in a

racially hostile working environment in the Sheriffs Office to multiple levels of

supervision and management.

1106. Thereafter, in response to her complaints and reports of racial

discrimination, racial harassment and working in a racially hostile working

environment, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Page 430 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 431 of 625

Strong, the Sheriffs Office, Madison County, and the Commission jointly

subjected Investigator Garcia to ongoing acts of retaliation, as set out above.

Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly subjected

Investigator Garcia to an unlawful retaliatory hostile environment.

1107. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission have jointly

violated the proscriptions against retaliation, racial harassment, discrimination, and

a racially hostile working environment found in Title VII, 1981, and the equal

protection of the laws, the Fourteenth Amendment, through the vehicle of 42

U.S.C. 1983.

1108. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission failed to take

effective remedial action to end the racial discrimination, racial harassment, and

the racially hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

Page 431 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 432 of 625

1109. The joint unlawful conduct of Commissioner Sheriff Dorning, Chief

Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission as described

above was done with malice and/or reckless disregard of and/or deliberate

indifference to Investigator Garcias federally protected rights.

1110. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

1111. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions conduct as described above caused and

is still causing Investigator Garcia emotional distress, mental anguish, loss of

enjoyment of life, inconvenience, and humiliation.

1112. Deputy Director Flory, in her individual capacity, is not afforded

Immunity protection because, as stated above, a reasonable official/person in her

respective position would have known, or should have known, that her actions

would violate a constitutional right and/or statutory right that was clearly

established at the time of the violations described herein.

1113. Investigator Garcia has been further damaged in that she has lost

Page 432 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 433 of 625

income and benefits, both past and future.

1114. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

1115. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions unlawful conduct as set forth herein unless

enjoined by this Court.

I. CLAIMS BASED ON NATIONAL ORIGIN OF HUSBAND AND


RETALIATION

COUNT LIV
(CLAIMS BASED ON NATIONAL ORIGIN OF HUSBAND AND
RETALIATION)
HARASSMENT BASED ON NATIONAL ORIGIN OF HUSBAND,
HOSTILE WORKING ENVIRONMENT BASED ON NATIONAL ORIGIN
OF HUSBAND, DISCRIMINATION BASED ON NATIONAL ORIGIN OF
HUSBAND, AND RETALIATION IN VIOLATION OF TITLE VII AND
THE FOURTEENTH AMENDMENT AGAINST SHERIFF BLAKE L.
DORNING IN HIS OFFICIAL CAPACITY AS SHERIFF OF MADISON
COUNTY, ALABAMA
(ASSERTED VIA 42 U.S.C. 1983)

1116. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 1115 above with the same force and effect as if fully set out in specific

detail herein below.


Page 433 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 434 of 625

1117. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference harassed

based on national origin of husband, discriminated against based on National

Origin Of Husband, and subjected to a hostile working environment based on

national origin of husband by Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office,

Madison County, and the Commission jointly thereby discriminating against

Investigator Garcia on the basis of National Origin Of Husband with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

1118. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint decisions regarding the adverse

employment actions taken against Investigator Garcia not only instigated, but

ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.

1119. Sheriff Dornings, Chief Deputy Sheriff Jernigan, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions joint adverse employment actions taken against

Page 434 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 435 of 625

Investigator Garcia enabled former Chief Deputy Sheriff Jernigans unlawful

discriminatory behavior and retaliation against Investigator Garcia by ratifying,

confirming, and affirming Chief Deputy Sheriff Jernigans unlawful behavior by

not stopping and/or preventing Chief Deputy Sheriffs Jernigans unlawful

behavior against Investigator Garcia.

1120. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission ratified, confirmed, and affirmed the

unlawful behavior described above by not investigating and/or by not adequately

investigating Investigator Garcias complaints and reports of such unlawful

behavior and by subjecting Investigator Garcia to disparate disciplinary treatment.

1121. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission enabled such unlawful behavior by ratifying, confirming, and

affirming such unlawful behavior and by not stopping and/or preventing such

unlawful behavior.

1122. Moreover, in retaliation for her opposition to and complaints of

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband, and Hostile Working Environment Based On

National Origin Of Husband, Investigator Garcia was retaliated against by Sheriff

Page 435 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 436 of 625

Dorning, Chief Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

shown by the adverse employment actions taken against her which are set forth

above.

1123. Garcia made reasonable and good faith complaints and reports of

Discrimination Based On National Origin Of Husband, her being harassed based

on national origin of husband and working in Hostile Working Environment Based

On National Origin Of Husband in the Sheriffs Office to multiple levels of

supervision and management.

1124. Thereafter, in response to her complaints and reports of

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband and working in Hostile Working Environment Based

On National Origin Of Husband, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office,

Madison County, and the Commission jointly subjected Investigator Garcia to

ongoing acts of retaliation, as set out above. Sheriff Dorning, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission jointly subjected Investigator Garcia to an unlawful

retaliatory hostile environment.

1125. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director Howell,

Page 436 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 437 of 625

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission have jointly violated the proscriptions against retaliation,

Harassment Based On National Origin Of Husband, discrimination, and Hostile

Working Environment Based On National Origin Of Husband found in Title VII

and the equal protection of the laws, the Fourteenth Amendment, through the

vehicle of 42 U.S.C. 1983.

1126. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission failed to take effective remedial action to end the

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband, and the racially hostile working environment in the

Sheriffs Office as well as the retaliatory hostile environment they created for

Investigator Garcia, and instead the retaliatory hostile environment continued and

escalated with Investigator Garcias being retaliated against in response to her

complaints, reports, and opposition. These ongoing acts of retaliation and adverse

employment actions are set forth above.

1127. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission as described above was done with

malice and/or reckless disregard of and/or deliberate indifference to Investigator

Page 437 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 438 of 625

Garcias federally protected rights.

1128. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

1129. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions conduct as described above caused and

is still causing Investigator Garcia emotional distress, mental anguish, loss of

enjoyment of life, inconvenience, and humiliation.

1130. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

1131. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

1132. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions unlawful conduct as set forth herein unless

Page 438 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 439 of 625

enjoined by this Court.

COUNT LV
(CLAIMS BASED ON NATIONAL ORIGIN OF HUSBAND AND
RETALIATION)
CLAIMS OF HARASSMENT BASED ON NATIONAL ORIGIN OF
HUSBAND, HOSTILE WORKING ENVIRONMENT BASED ON
NATIONAL ORIGIN OF HUSBAND, DISCRIMINATION BASED ON
NATIONAL ORIGIN OF HUSBAND, AND RETALIATION IN
VIOLATION OF TITLE VII AND THE FOURTEENTH AMENDMENT
AGAINST SHERIFF BLAKE L. DORNING IN HIS INDIVIDUAL
CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

1133. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 1132 above with the same force and effect as if fully set out in specific

detail herein below.

1134. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference harassed

based on national origin of husband, discriminated against based on National

Origin Of Husband, and subjected to a hostile working environment based on

national origin of husband by Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office,

Madison County, and the Commission jointly thereby discriminating against

Investigator Garcia on the basis of National Origin Of Husband with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

Page 439 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 440 of 625

42 U.S.C. 1983.

1135. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint decisions regarding the adverse

employment actions taken against Investigator Garcia not only instigated, but

ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.

1136. Sheriff Dornings, Chief Deputy Sheriff Jernigan, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint adverse employment actions taken

against Investigator Garcia enabled former Chief Deputy Sheriff Jernigans

unlawful discriminatory behavior and retaliation against Investigator Garcia by

ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans unlawful

behavior by not stopping and/or preventing Chief Deputy Sheriffs Jernigans

unlawful behavior against Investigator Garcia.

1137. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission ratified, confirmed, and affirmed the

unlawful behavior described above by not investigating and/or by not adequately

investigating Investigator Garcias complaints and reports of such unlawful

Page 440 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 441 of 625

behavior and by subjecting Investigator Garcia to disparate disciplinary treatment.

1138. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission enabled such unlawful behavior by ratifying, confirming, and

affirming such unlawful behavior and by not stopping and/or preventing such

unlawful behavior.

1139. Moreover, in retaliation for her opposition to and complaints of

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband, and Hostile Working Environment Based On

National Origin Of Husband, Investigator Garcia was retaliated against by Sheriff

Dorning, Chief Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

shown by the adverse employment actions taken against her which are set forth

above.

1140. Garcia made reasonable and good faith complaints and reports of

Discrimination Based On National Origin Of Husband, her being harassed based

on national origin of husband and working in Hostile Working Environment Based

On National Origin Of Husband in the Sheriffs Office to multiple levels of

supervision and management.

1141. Thereafter, in response to her complaints and reports of

Page 441 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 442 of 625

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband and working in Hostile Working Environment Based

On National Origin Of Husband, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office,

Madison County, and the Commission jointly subjected Investigator Garcia to

ongoing acts of retaliation, as set out above. Sheriff Dorning, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission jointly subjected Investigator Garcia to an unlawful

retaliatory hostile environment.

1142. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission have jointly violated the proscriptions against retaliation,

Harassment Based On National Origin Of Husband, discrimination, and Hostile

Working Environment Based On National Origin Of Husband found in Title VII

and the equal protection of the laws, the Fourteenth Amendment, through the

vehicle of 42 U.S.C. 1983.

1143. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission failed to take effective remedial action to end the

Discrimination Based On National Origin Of Husband, Harassment Based On

Page 442 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 443 of 625

National Origin Of Husband, and the racially hostile working environment in the

Sheriffs Office as well as the retaliatory hostile environment they created for

Investigator Garcia, and instead the retaliatory hostile environment continued and

escalated with Investigator Garcias being retaliated against in response to her

complaints, reports, and opposition. These ongoing acts of retaliation and adverse

employment actions are set forth above.

1144. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission as described above was done with

malice and/or reckless disregard of and/or deliberate indifference to Investigator

Garcias federally protected rights.

1145. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

1146. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions conduct as described above caused and

is still causing Investigator Garcia emotional distress, mental anguish, loss of

enjoyment of life, inconvenience, and humiliation.

Page 443 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 444 of 625

1147. Sheriff Dorning, in his individual capacity, is not afforded immunity

protection because, as stated above, a reasonable official/person in his respective

position would have known, or should have known, that his actions would violate a

constitutional right and/or statutory right that was clearly established at the time

of the violations described herein.

1148. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

1149. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

1150. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions unlawful conduct as set forth herein unless

enjoined by this Court.

COUNT LVI
(CLAIMS BASED ON NATIONAL ORIGIN OF HUSBAND AND
RETALIATION)
CLAIMS OF HARASSMENT BASED ON NATIONAL ORIGIN OF
HUSBAND, HOSTILE WORKING ENVIRONMENT BASED ON
NATIONAL ORIGIN OF HUSBAND, DISCRIMINATION BASED ON
NATIONAL ORIGIN OF HUSBAND, AND RETALIATION IN
VIOLATION OF TITLE VII AND THE FOURTEENTH AMENDMENT
Page 444 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 445 of 625

AGAINST CHIEF DEPUTY SHERIFF DAVID K. JERNIGAN IN HIS


OFFICIAL CAPACITY AS SHERIFF OF MADISON COUNTY,
ALABAMA
(ASSERTED VIA 42 U.S.C. 1983)

1151. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 1150 above with the same force and effect as if fully set out in specific

detail herein below.

1152. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference harassed

based on national origin of husband, discriminated against based on National

Origin Of Husband, and subjected to a hostile working environment based on

national origin of husband by Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office,

Madison County, and the Commission jointly thereby discriminating against

Investigator Garcia on the basis of National Origin Of Husband with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

1153. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint decisions regarding the adverse

employment actions taken against Investigator Garcia not only instigated, but
Page 445 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 446 of 625

ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.

1154. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint adverse employment actions taken

against Investigator Garcia enabled former Chief Deputy Sheriff Jernigans

unlawful discriminatory behavior and retaliation against Investigator Garcia by

ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans unlawful

behavior by not stopping and/or preventing Chief Deputy Sheriffs Jernigans

unlawful behavior against Investigator Garcia.

1155. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission ratified, confirmed, and affirmed the unlawful behavior

described above by not investigating and/or by not adequately investigating

Investigator Garcias complaints and reports of such unlawful behavior and by

subjecting Investigator Garcia to disparate disciplinary treatment.

1156. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission enabled such unlawful behavior by ratifying, confirming, and

affirming such unlawful behavior and by not stopping and/or preventing such

Page 446 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 447 of 625

unlawful behavior.

1157. Moreover, in retaliation for her opposition to and complaints of

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband, and Hostile Working Environment Based On

National Origin Of Husband, Investigator Garcia was retaliated against by Sheriff

Dorning, Chief Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

shown by the adverse employment actions taken against her which are set forth

above.

1158. Garcia made reasonable and good faith complaints and reports of

Discrimination Based On National Origin Of Husband, her being harassed based

on national origin of husband and working in Hostile Working Environment Based

On National Origin Of Husband in the Sheriffs Office to multiple levels of

supervision and management.

1159. Thereafter, in response to her complaints and reports of

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband and working in Hostile Working Environment Based

On National Origin Of Husband, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office,

Madison County, and the Commission jointly subjected Investigator Garcia to

Page 447 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 448 of 625

ongoing acts of retaliation, as set out above. Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission jointly subjected Investigator Garcia

to an unlawful retaliatory hostile environment.

1160. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission have jointly violated the proscriptions against retaliation,

Harassment Based On National Origin Of Husband, discrimination, and Hostile

Working Environment Based On National Origin Of Husband found in Title VII

and the equal protection of the laws, the Fourteenth Amendment, through the

vehicle of 42 U.S.C. 1983.

1161. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission failed to take effective remedial action to end the

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband, and the racially hostile working environment in the

Sheriffs Office as well as the retaliatory hostile environment they created for

Investigator Garcia, and instead the retaliatory hostile environment continued and

escalated with Investigator Garcias being retaliated against in response to her

complaints, reports, and opposition. These ongoing acts of retaliation and adverse

Page 448 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 449 of 625

employment actions are set forth above.

1162. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission as described above was done with

malice and/or reckless disregard of and/or deliberate indifference to Investigator

Garcias federally protected rights.

1163. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

1164. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions conduct as described above caused and

is still causing Investigator Garcia emotional distress, mental anguish, loss of

enjoyment of life, inconvenience, and humiliation.

1165. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

1166. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

Page 449 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 450 of 625

judgment is her only means of securing adequate relief.

1167. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions unlawful conduct as set forth herein unless

enjoined by this Court.

COUNT LVII
(CLAIMS BASED ON NATIONAL ORIGIN OF HUSBAND AND
RETALIATION)
CLAIMS OF HARASSMENT BASED ON NATIONAL ORIGIN OF
HUSBAND, HOSTILE WORKING ENVIRONMENT BASED ON
NATIONAL ORIGIN OF HUSBAND, DISCRIMINATION BASED ON
NATIONAL ORIGIN OF HUSBAND, AND RETALIATION IN
VIOLATION OF TITLE VII AND THE FOURTEENTH AMENDMENT
AGAINST CHIEF DEPUTY SHERIFF DAVID K. JERNIGAN IN HIS
INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

1168. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 1167 above with the same force and effect as if fully set out in specific

detail herein below.

1169. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference harassed

based on national origin of husband, discriminated against based on National

Origin Of Husband, and subjected to a hostile working environment based on

national origin of husband by Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Page 450 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 451 of 625

Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office,

Madison County, and the Commission jointly thereby discriminating against

Investigator Garcia on the basis of National Origin Of Husband with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

1170. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint decisions regarding the adverse

employment actions taken against Investigator Garcia not only instigated, but

ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.

1171. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint adverse employment actions taken

against Investigator Garcia enabled former Chief Deputy Sheriff Jernigans

unlawful discriminatory behavior and retaliation against Investigator Garcia by

ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans unlawful

behavior by not stopping and/or preventing Chief Deputy Sheriffs Jernigans

unlawful behavior against Investigator Garcia.

Page 451 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 452 of 625

1172. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission ratified, confirmed, and affirmed the unlawful behavior

described above by not investigating and/or by not adequately investigating

Investigator Garcias complaints and reports of such unlawful behavior and by

subjecting Investigator Garcia to disparate disciplinary treatment.

1173. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission enabled such unlawful behavior by ratifying, confirming, and

affirming such unlawful behavior and by not stopping and/or preventing such

unlawful behavior.

1174. Moreover, in retaliation for her opposition to and complaints of

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband, and Hostile Working Environment Based On

National Origin Of Husband, Investigator Garcia was retaliated against by Sheriff

Dorning, Chief Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission as

shown by the adverse employment actions taken against her which are set forth

above.

1175. Garcia made reasonable and good faith complaints and reports of

Page 452 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 453 of 625

Discrimination Based On National Origin Of Husband, her being harassed based

on national origin of husband and working in Hostile Working Environment Based

On National Origin Of Husband in the Sheriffs Office to multiple levels of

supervision and management.

1176. Thereafter, in response to her complaints and reports of

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband and working in Hostile Working Environment Based

On National Origin Of Husband, Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office,

Madison County, and the Commission jointly subjected Investigator Garcia to

ongoing acts of retaliation, as set out above. Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission jointly subjected Investigator Garcia

to an unlawful retaliatory hostile environment.

1177. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission have jointly violated the proscriptions against retaliation,

Harassment Based On National Origin Of Husband, discrimination, and Hostile

Working Environment Based On National Origin Of Husband found in Title VII

and the equal protection of the laws, the Fourteenth Amendment, through the

Page 453 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 454 of 625

vehicle of 42 U.S.C. 1983.

1178. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission failed to take effective remedial action to end the

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband, and the racially hostile working environment in the

Sheriffs Office as well as the retaliatory hostile environment they created for

Investigator Garcia, and instead the retaliatory hostile environment continued and

escalated with Investigator Garcias being retaliated against in response to her

complaints, reports, and opposition. These ongoing acts of retaliation and adverse

employment actions are set forth above.

1179. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission as described above was done with

malice and/or reckless disregard of and/or deliberate indifference to Investigator

Garcias federally protected rights.

1180. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

Page 454 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 455 of 625

1181. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions conduct as described above caused and

is still causing Investigator Garcia emotional distress, mental anguish, loss of

enjoyment of life, inconvenience, and humiliation.

1182. Chief Deputy Sheriff Jernigan, in his individual capacity, is not

afforded immunity protection because, as stated above, a reasonable official/person

in his respective position would have known, or should have known, that his

actions would violate a constitutional right and/or statutory right that was clearly

established at the time of the violations described herein.

1183. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

1184. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

1185. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions unlawful conduct as set forth herein unless

Page 455 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 456 of 625

enjoined by this Court.

COUNT LVIII
(CLAIMS BASED ON NATIONAL ORIGIN OF HUSBAND AND
RETALIATION)
CLAIMS OF HARASSMENT BASED ON NATIONAL ORIGIN OF
HUSBAND, HOSTILE WORKING ENVIRONMENT BASED ON
NATIONAL ORIGIN OF HUSBAND, DISCRIMINATION BASED ON
NATIONAL ORIGIN OF HUSBAND, AND RETALIATION IN
VIOLATION OF TITLE VII AND THE FOURTEENTH AMENDMENT
AGAINST CAPTAIN CHARLES BERRY IN HIS OFFICIAL CAPACITY
AS SHERIFF OF MADISON COUNTY, ALABAMA
(ASSERTED VIA 42 U.S.C. 1983)

1186. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 1185 above with the same force and effect as if fully set out in specific

detail herein below.

1187. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference harassed

based on national origin of husband, discriminated against based on National

Origin Of Husband, and subjected to a hostile working environment based on

national origin of husband by Cpt. Berry Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission jointly thereby discriminating

against Investigator Garcia on the basis of National Origin Of Husband with

respect to the terms, conditions, and privileges of her employment in violation of

Title VII and the equal protection of the laws, the Fourteenth Amendment, through

Page 456 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 457 of 625

the vehicle of 42 U.S.C. 1983.

1188. Sheriff Dornings, Cpt. Berrys, Chief Deputy Sheriff Jernigans,

Director Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs

Offices, Madison Countys, and the Commissions joint decisions regarding the

adverse employment actions taken against Investigator Garcia not only instigated,

but ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.

1189. Cpt. Berrys, Sheriff Dornings, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint adverse employment actions taken against Investigator Garcia

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory behavior

and retaliation against Investigator Garcia by ratifying, confirming, and affirming

Chief Deputy Sheriff Jernigans unlawful behavior by not stopping and/or

preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Investigator Garcia.

1190. Cpt. Berry, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

ratified, confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Page 457 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 458 of 625

Garcia to disparate disciplinary treatment.

1191. Cpt. Berry, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

enabled such unlawful behavior by ratifying, confirming, and affirming such

unlawful behavior and by not stopping and/or preventing such unlawful behavior.

1192. Moreover, in retaliation for her opposition to and complaints of

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband, and Hostile Working Environment Based On

National Origin Of Husband, Investigator Garcia was retaliated against by Cpt.

Berry, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission as shown by

the adverse employment actions taken against her which are set forth above.

1193. Garcia made reasonable and good faith complaints and reports of

Discrimination Based On National Origin Of Husband, her being harassed based

on national origin of husband and working in Hostile Working Environment Based

On National Origin Of Husband in the Sheriffs Office to multiple levels of

supervision and management.

1194. Thereafter, in response to her complaints and reports of

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband and working in Hostile Working Environment Based

Page 458 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 459 of 625

On National Origin Of Husband, Cpt. Berry, Sheriff Dorning, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission jointly subjected Investigator Garcia to ongoing acts of

retaliation, as set out above. Cpt. Berry, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly subjected Investigator Garcia to an unlawful retaliatory hostile

environment.

1195. Cpt. Berry, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission have

jointly violated the proscriptions against retaliation, Harassment Based On

National Origin Of Husband, discrimination, and Hostile Working Environment

Based On National Origin Of Husband found in Title VII and the equal protection

of the laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

1196. Cpt. Berry, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

failed to take effective remedial action to end the Discrimination Based On

National Origin Of Husband, Harassment Based On National Origin Of Husband,

and the racially hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

Page 459 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 460 of 625

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

1197. The joint unlawful conduct of Cpt. Berry, Sheriff Dorning, Chief

Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission as described

above was done with malice and/or reckless disregard of and/or deliberate

indifference to Investigator Garcias federally protected rights.

1198. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

1199. Cpt. Berrys, Sheriff Dornings, Chief Deputy Sheriff Jernigans,

Director Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs

Offices, Madison Countys, and the Commissions conduct as described above

caused and is still causing Investigator Garcia emotional distress, mental anguish,

loss of enjoyment of life, inconvenience, and humiliation.

1200. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

1201. Investigator Garcia has no plain, adequate, or complete remedy at law

Page 460 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 461 of 625

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

1202. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Cpt. Berrys, Sheriff Dornings, Chief Deputy Sheriff Jernigans,

Director Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs

Offices, Madison Countys, and the Commissions unlawful conduct as set forth

herein unless enjoined by this Court.

COUNT LIX
(CLAIMS BASED ON NATIONAL ORIGIN OF HUSBAND AND
RETALIATION)
CLAIMS OF HARASSMENT BASED ON NATIONAL ORIGIN OF
HUSBAND, HOSTILE WORKING ENVIRONMENT BASED ON
NATIONAL ORIGIN OF HUSBAND, DISCRIMINATION BASED ON
NATIONAL ORIGIN OF HUSBAND, AND RETALIATION IN
VIOLATION OF TITLE VII AND THE FOURTEENTH AMENDMENT
AGAINST CHARLES BERRY IN HIS INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

1203. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 1202 above with the same force and effect as if fully set out in specific

detail herein below.

1204. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference harassed

based on national origin of husband, discriminated against based on National

Origin Of Husband, and subjected to a hostile working environment based on


Page 461 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 462 of 625

national origin of husband by Cpt. Berry, Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission jointly thereby discriminating

against Investigator Garcia on the basis of National Origin Of Husband with

respect to the terms, conditions, and privileges of her employment in violation of

Title VII and the equal protection of the laws, the Fourteenth Amendment, through

the vehicle of 42 U.S.C. 1983.

1205. Sheriff Dornings, Cpt. Berrys, Chief Deputy Sheriff Jernigans,

Director Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs

Offices, Madison Countys, and the Commissions joint decisions regarding the

adverse employment actions taken against Investigator Garcia not only instigated,

but ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.

1206. Cpt. Berrys, Sheriff Dornings, Director Howells, Deputy Director

Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint adverse employment actions taken against Investigator Garcia

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory behavior

and retaliation against Investigator Garcia by ratifying, confirming, and affirming

Chief Deputy Sheriff Jernigans unlawful behavior by not stopping and/or

preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Page 462 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 463 of 625

Investigator Garcia.

1207. Cpt. Berry, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

ratified, confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

1208. Cpt. Berry, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

enabled such unlawful behavior by ratifying, confirming, and affirming such

unlawful behavior and by not stopping and/or preventing such unlawful behavior.

1209. Moreover, in retaliation for her opposition to and complaints of

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband, and Hostile Working Environment Based On

National Origin Of Husband, Investigator Garcia was retaliated against by Cpt.

Berry, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission as shown by

the adverse employment actions taken against her which are set forth above.

1210. Garcia made reasonable and good faith complaints and reports of

Discrimination Based On National Origin Of Husband, her being harassed based

Page 463 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 464 of 625

on national origin of husband and working in Hostile Working Environment Based

On National Origin Of Husband in the Sheriffs Office to multiple levels of

supervision and management.

1211. Thereafter, in response to her complaints and reports of

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband and working in Hostile Working Environment Based

On National Origin Of Husband, Cpt. Berry, Sheriff Dorning, Director Howell,

Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,

and the Commission jointly subjected Investigator Garcia to ongoing acts of

retaliation, as set out above. Cpt. Berry, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly subjected Investigator Garcia to an unlawful retaliatory hostile

environment.

1212. Cpt. Berry, Sheriff Dorning, Director Howell, Deputy Director Flory,

Chairman Strong, the Sheriffs Office, Madison County, and the Commission have

jointly violated the proscriptions against retaliation, Harassment Based On

National Origin Of Husband, discrimination, and Hostile Working Environment

Based On National Origin Of Husband found in Title VII and the equal protection

of the laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

1213. Cpt. Berry, Sheriff Dorning, Director Howell, Deputy Director Flory,

Page 464 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 465 of 625

Chairman Strong, the Sheriffs Office, Madison County, and the Commission

failed to take effective remedial action to end the Discrimination Based On

National Origin Of Husband, Harassment Based On National Origin Of Husband,

and the racially hostile working environment in the Sheriffs Office as well as the

retaliatory hostile environment they created for Investigator Garcia, and instead the

retaliatory hostile environment continued and escalated with Investigator Garcias

being retaliated against in response to her complaints, reports, and opposition.

These ongoing acts of retaliation and adverse employment actions are set forth

above.

1214. The joint unlawful conduct of Cpt. Berry, Sheriff Dorning, Chief

Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission as described

above was done with malice and/or reckless disregard of and/or deliberate

indifference to Investigator Garcias federally protected rights.

1215. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

1216. Cpt. Berrys, Sheriff Dornings, Chief Deputy Sheriff Jernigans,

Director Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs

Page 465 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 466 of 625

Offices, Madison Countys, and the Commissions conduct as described above

caused and is still causing Investigator Garcia emotional distress, mental anguish,

loss of enjoyment of life, inconvenience, and humiliation.

1217. Cpt. Berry, in his individual capacity, is not afforded immunity

protection because, as stated above, a reasonable official/person in his respective

position would have known, or should have known, that his actions would violate a

constitutional right and/or statutory right that was clearly established at the time

of the violations described herein.

1218. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

1219. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

1220. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Cpt. Berrys, Sheriff Dornings, Chief Deputy Sheriff Jernigans,

Director Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs

Offices, Madison Countys, and the Commissions unlawful conduct as set forth

herein unless enjoined by this Court.

COUNT LX

Page 466 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 467 of 625

(CLAIMS BASED ON NATIONAL ORIGIN OF HUSBAND AND


RETALIATION)
CLAIMS OF HARASSMENT BASED ON NATIONAL ORIGIN OF
HUSBAND, HOSTILE WORKING ENVIRONMENT BASED ON
NATIONAL ORIGIN OF HUSBAND, DISCRIMINATION BASED ON
NATIONAL ORIGIN OF HUSBAND, AND RETALIATION IN
VIOLATION OF TITLE VII AND THE FOURTEENTH AMENDMENT
AGAINST CAPTAIN MICHAEL SALOMONSKY IN HIS OFFICIAL
CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

1221. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 1220 above with the same force and effect as if fully set out in specific

detail herein below.

1222. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference harassed

based on national origin of husband, discriminated against based on National

Origin Of Husband, and subjected to a hostile working environment based on

national origin of husband by Cpt. Salomonsky, Sheriff Dorning, Chief Deputy

Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of National Origin Of

Husband with respect to the terms, conditions, and privileges of her employment in

violation of Title VII and the equal protection of the laws, the Fourteenth

Amendment, through the vehicle of 42 U.S.C. 1983.

1223. Cpt. Salomonskys, Sheriff Dornings, Chief Deputy Sheriff


Page 467 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 468 of 625

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

1224. Cpt. Salomonskys, Sheriff Dornings, Director Howells, Deputy

Director Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and

the Commissions joint adverse employment actions taken against Investigator

Garcia enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory

behavior and retaliation against Investigator Garcia by ratifying, confirming, and

affirming Chief Deputy Sheriff Jernigans unlawful behavior by not stopping

and/or preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Investigator Garcia.

1225. Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission ratified, confirmed, and affirmed the unlawful behavior described

above by not investigating and/or by not adequately investigating Investigator

Garcias complaints and reports of such unlawful behavior and by subjecting

Investigator Garcia to disparate disciplinary treatment.

1226. Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy Director

Page 468 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 469 of 625

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission enabled such unlawful behavior by ratifying, confirming, and

affirming such unlawful behavior and by not stopping and/or preventing such

unlawful behavior.

1227. Moreover, in retaliation for her opposition to and complaints of

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband, and Hostile Working Environment Based On

National Origin Of Husband, Investigator Garcia was retaliated against by Cpt.

Salomonsky, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission as shown by

the adverse employment actions taken against her which are set forth above.

1228. Garcia made reasonable and good faith complaints and reports of

Discrimination Based On National Origin Of Husband, her being harassed based

on national origin of husband and working in Hostile Working Environment Based

On National Origin Of Husband in the Sheriffs Office to multiple levels of

supervision and management.

1229. Thereafter, in response to her complaints and reports of

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband and working in Hostile Working Environment Based

On National Origin Of Husband, Cpt. Salomonsky, Sheriff Dorning, Director

Page 469 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 470 of 625

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission jointly subjected Investigator Garcia to ongoing acts

of retaliation, as set out above. Cpt. Salomonsky, Sheriff Dorning, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission jointly subjected Investigator Garcia to an unlawful

retaliatory hostile environment.

1230. Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission have jointly violated the proscriptions against retaliation, Harassment

Based On National Origin Of Husband, discrimination, and Hostile Working

Environment Based On National Origin Of Husband found in Title VII and the

equal protection of the laws, the Fourteenth Amendment, through the vehicle of 42

U.S.C. 1983.

1231. Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission failed to take effective remedial action to end the Discrimination

Based On National Origin Of Husband, Harassment Based On National Origin Of

Husband, and the racially hostile working environment in the Sheriffs Office as

well as the retaliatory hostile environment they created for Investigator Garcia, and

instead the retaliatory hostile environment continued and escalated with

Page 470 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 471 of 625

Investigator Garcias being retaliated against in response to her complaints,

reports, and opposition. These ongoing acts of retaliation and adverse employment

actions are set forth above.

1232. The joint unlawful conduct of Cpt. Salomonsky, Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission as described

above was done with malice and/or reckless disregard of and/or deliberate

indifference to Investigator Garcias federally protected rights.

1233. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

1234. Cpt. Salomonskys, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

1235. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

1236. Investigator Garcia has no plain, adequate, or complete remedy at law

Page 471 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 472 of 625

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

1237. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Cpt. Salomonskys, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

set forth herein unless enjoined by this Court.

COUNT LXI
(CLAIMS BASED ON NATIONAL ORIGIN OF HUSBAND AND
RETALIATION)
CLAIMS OF HARASSMENT BASED ON NATIONAL ORIGIN OF
HUSBAND, HOSTILE WORKING ENVIRONMENT BASED ON
NATIONAL ORIGIN OF HUSBAND, DISCRIMINATION BASED ON
NATIONAL ORIGIN OF HUSBAND, AND RETALIATION IN
VIOLATION OF TITLE VII AND THE FOURTEENTH AMENDMENT
AGAINST MICHAEL SALOMONSKY IN HIS INDIVIDUAL CAPACITY
(ASSERTED VIA 42 U.S.C. 1983)

1238. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 1237 above with the same force and effect as if fully set out in specific

detail herein below.

1239. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference harassed

based on national origin of husband, discriminated against based on National

Origin Of Husband, and subjected to a hostile working environment based on


Page 472 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 473 of 625

national origin of husband by Cpt. Salomonsky, Sheriff Dorning, Chief Deputy

Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the

Sheriffs Office, Madison County, and the Commission jointly thereby

discriminating against Investigator Garcia on the basis of National Origin Of

Husband with respect to the terms, conditions, and privileges of her employment in

violation of Title VII and the equal protection of the laws, the Fourteenth

Amendment, through the vehicle of 42 U.S.C. 1983.

1240. Cpt. Salomonskys, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions joint decisions

regarding the adverse employment actions taken against Investigator Garcia not

only instigated, but ratified, confirmed, and affirmed such unlawful discrimination

and retaliation against Investigator Garcia.

1241. Cpt. Salomonskys, Sheriff Dornings, Director Howells, Deputy

Director Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and

the Commissions joint adverse employment actions taken against Investigator

Garcia enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory

behavior and retaliation against Investigator Garcia by ratifying, confirming, and

affirming Chief Deputy Sheriff Jernigans unlawful behavior by not stopping

and/or preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Page 473 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 474 of 625

Investigator Garcia.

1242. Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission ratified, confirmed, and affirmed the unlawful behavior described

above by not investigating and/or by not adequately investigating Investigator

Garcias complaints and reports of such unlawful behavior and by subjecting

Investigator Garcia to disparate disciplinary treatment.

1243. Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission enabled such unlawful behavior by ratifying, confirming, and

affirming such unlawful behavior and by not stopping and/or preventing such

unlawful behavior.

1244. Moreover, in retaliation for her opposition to and complaints of

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband, and Hostile Working Environment Based On

National Origin Of Husband, Investigator Garcia was retaliated against by Cpt.

Salomonsky, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission as shown by

the adverse employment actions taken against her which are set forth above.

1245. Garcia made reasonable and good faith complaints and reports of

Page 474 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 475 of 625

Discrimination Based On National Origin Of Husband, her being harassed based

on national origin of husband and working in Hostile Working Environment Based

On National Origin Of Husband in the Sheriffs Office to multiple levels of

supervision and management.

1246. Thereafter, in response to her complaints and reports of

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband and working in Hostile Working Environment Based

On National Origin Of Husband, Cpt. Salomonsky, Sheriff Dorning, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission jointly subjected Investigator Garcia to ongoing acts

of retaliation, as set out above. Cpt. Salomonsky, Sheriff Dorning, Director

Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison

County, and the Commission jointly subjected Investigator Garcia to an unlawful

retaliatory hostile environment.

1247. Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission have jointly violated the proscriptions against retaliation, Harassment

Based On National Origin Of Husband, discrimination, and Hostile Working

Environment Based On National Origin Of Husband found in Title VII and the

equal protection of the laws, the Fourteenth Amendment, through the vehicle of 42

Page 475 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 476 of 625

U.S.C. 1983.

1248. Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy Director

Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission failed to take effective remedial action to end the Discrimination

Based On National Origin Of Husband, Harassment Based On National Origin Of

Husband, and the racially hostile working environment in the Sheriffs Office as

well as the retaliatory hostile environment they created for Investigator Garcia, and

instead the retaliatory hostile environment continued and escalated with

Investigator Garcias being retaliated against in response to her complaints,

reports, and opposition. These ongoing acts of retaliation and adverse employment

actions are set forth above.

1249. The joint unlawful conduct of Cpt. Salomonsky, Sheriff Dorning,

Chief Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission as described

above was done with malice and/or reckless disregard of and/or deliberate

indifference to Investigator Garcias federally protected rights.

1250. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

Page 476 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 477 of 625

1251. Cpt. Salomonskys, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions conduct as described

above caused and is still causing Investigator Garcia emotional distress, mental

anguish, loss of enjoyment of life, inconvenience, and humiliation.

1252. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

1253. Cpt. Salomonsky, in his individual capacity, is not afforded immunity

protection because, as stated above, a reasonable official/person in his respective

position would have known, or should have known, that his actions would violate a

constitutional right and/or statutory right that was clearly established at the time

of the violations described herein.

1254. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

1255. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Cpt. Salomonskys, Sheriff Dornings, Chief Deputy Sheriff

Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the

Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as

Page 477 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 478 of 625

set forth herein unless enjoined by this Court.

COUNT LXII
(CLAIMS BASED ON NATIONAL ORIGIN OF HUSBAND AND
RETALIATION)
CLAIMS OF HARASSMENT BASED ON NATIONAL ORIGIN OF
HUSBAND, HOSTILE WORKING ENVIRONMENT BASED ON
NATIONAL ORIGIN OF HUSBAND, DISCRIMINATION BASED ON
NATIONAL ORIGIN OF HUSBAND, AND RETALIATION IN
VIOLATION OF TITLE VII AND THE FOURTEENTH AMENDMENT
AGAINST THE SHERIFFS OFFICE
(ASSERTED VIA 42 U.S.C. 1983)

1256. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 1255 above with the same force and effect as if fully set out in specific

detail herein below.

1257. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference harassed

based on national origin of husband, discriminated against based on National

Origin Of Husband, and subjected to a hostile working environment based on

national origin of husband by Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office,

Madison County, and the Commission jointly thereby discriminating against

Investigator Garcia on the basis of National Origin Of Husband with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.
Page 478 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 479 of 625

1258. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint decisions regarding the adverse

employment actions taken against Investigator Garcia not only instigated, but

ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.

1259. Sheriff Dornings, Director Howells, Deputy Director Florys,

Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint adverse employment actions taken against Investigator Garcia

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory behavior

and retaliation against Investigator Garcia by ratifying, confirming, and affirming

Chief Deputy Sheriff Jernigans unlawful behavior by not stopping and/or

preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Investigator Garcia.

1260. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission ratified,

confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

Page 479 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 480 of 625

1261. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission enabled such

unlawful behavior by ratifying, confirming, and affirming such unlawful behavior

and by not stopping and/or preventing such unlawful behavior.

1262. Moreover, in retaliation for her opposition to and complaints of

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband, and Hostile Working Environment Based On

National Origin Of Husband, Investigator Garcia was retaliated against by Sheriff

Dorning, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission as shown by the adverse

employment actions taken against her which are set forth above.

1263. Garcia made reasonable and good faith complaints and reports of

Discrimination Based On National Origin Of Husband, her being harassed based

on national origin of husband and working in Hostile Working Environment Based

On National Origin Of Husband in the Sheriffs Office to multiple levels of

supervision and management.

1264. Thereafter, in response to her complaints and reports of

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband and working in Hostile Working Environment Based

On National Origin Of Husband, Sheriff Dorning, Director Howell, Deputy

Page 480 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 481 of 625

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly subjected Investigator Garcia to ongoing acts of retaliation, as

set out above. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission jointly

subjected Investigator Garcia to an unlawful retaliatory hostile environment.

1265. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission have jointly

violated the proscriptions against retaliation, Harassment Based On National

Origin Of Husband, discrimination, and Hostile Working Environment Based On

National Origin Of Husband found in Title VII and the equal protection of the

laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

1266. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission failed to take

effective remedial action to end the Discrimination Based On National Origin Of

Husband, Harassment Based On National Origin Of Husband, and the racially

hostile working environment in the Sheriffs Office as well as the retaliatory

hostile environment they created for Investigator Garcia, and instead the retaliatory

hostile environment continued and escalated with Investigator Garcias being

retaliated against in response to her complaints, reports, and opposition. These

ongoing acts of retaliation and adverse employment actions are set forth above.

Page 481 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 482 of 625

1267. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission as described above was done with

malice and/or reckless disregard of and/or deliberate indifference to Investigator

Garcias federally protected rights.

1268. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

1269. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions conduct as described above caused and

is still causing Investigator Garcia emotional distress, mental anguish, loss of

enjoyment of life, inconvenience, and humiliation.

1270. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

1271. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

Page 482 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 483 of 625

1272. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions unlawful conduct as set forth herein unless

enjoined by this Court.

COUNT LXIII
(CLAIMS BASED ON NATIONAL ORIGIN OF HUSBAND AND
RETALIATION)
CLAIMS OF HARASSMENT BASED ON NATIONAL ORIGIN OF
HUSBAND, HOSTILE WORKING ENVIRONMENT BASED ON
NATIONAL ORIGIN OF HUSBAND, DISCRIMINATION BASED ON
NATIONAL ORIGIN OF HUSBAND, AND RETALIATION IN
VIOLATION OF TITLE VII AND THE FOURTEENTH AMENDMENT
AGAINST MADISON COUNTY, ALABAMA
(ASSERTED VIA 42 U.S.C. 1983)

1273. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 1272 above with the same force and effect as if fully set out in specific

detail herein below.

1274. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference harassed

based on national origin of husband, discriminated against based on National

Origin Of Husband, and subjected to a hostile working environment based on

national origin of husband by Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office,

Madison County, and the Commission jointly thereby discriminating against


Page 483 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 484 of 625

Investigator Garcia on the basis of National Origin Of Husband with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

1275. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint decisions regarding the adverse

employment actions taken against Investigator Garcia not only instigated, but

ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.

1276. Sheriff Dornings, Director Howells, Deputy Director Florys,

Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint adverse employment actions taken against Investigator Garcia

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory behavior

and retaliation against Investigator Garcia by ratifying, confirming, and affirming

Chief Deputy Sheriff Jernigans unlawful behavior by not stopping and/or

preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Investigator Garcia.

1277. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission ratified,

Page 484 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 485 of 625

confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

1278. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission enabled such

unlawful behavior by ratifying, confirming, and affirming such unlawful behavior

and by not stopping and/or preventing such unlawful behavior.

1279. Moreover, in retaliation for her opposition to and complaints of

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband, and Hostile Working Environment Based On

National Origin Of Husband, Investigator Garcia was retaliated against by Sheriff

Dorning, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission as shown by the adverse

employment actions taken against her which are set forth above.

1280. Garcia made reasonable and good faith complaints and reports of

Discrimination Based On National Origin Of Husband, her being harassed based

on national origin of husband and working in Hostile Working Environment Based

On National Origin Of Husband in the Sheriffs Office to multiple levels of

supervision and management.

Page 485 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 486 of 625

1281. Thereafter, in response to her complaints and reports of

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband and working in Hostile Working Environment Based

On National Origin Of Husband, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly subjected Investigator Garcia to ongoing acts of retaliation, as

set out above. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission jointly

subjected Investigator Garcia to an unlawful retaliatory hostile environment.

1282. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission have jointly

violated the proscriptions against retaliation, Harassment Based On National

Origin Of Husband, discrimination, and Hostile Working Environment Based On

National Origin Of Husband found in Title VII and the equal protection of the

laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

1283. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission failed to take

effective remedial action to end the Discrimination Based On National Origin Of

Husband, Harassment Based On National Origin Of Husband, and the racially

hostile working environment in the Sheriffs Office as well as the retaliatory

Page 486 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 487 of 625

hostile environment they created for Investigator Garcia, and instead the retaliatory

hostile environment continued and escalated with Investigator Garcias being

retaliated against in response to her complaints, reports, and opposition. These

ongoing acts of retaliation and adverse employment actions are set forth above.

1284. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission as described above was done with

malice and/or reckless disregard of and/or deliberate indifference to Investigator

Garcias federally protected rights.

1285. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

1286. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions conduct as described above caused and

is still causing Investigator Garcia emotional distress, mental anguish, loss of

enjoyment of life, inconvenience, and humiliation.

1287. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

Page 487 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 488 of 625

1288. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

1289. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions unlawful conduct as set forth herein unless

enjoined by this Court.

COUNT LXIV
(CLAIMS BASED ON NATIONAL ORIGIN OF HUSBAND AND
RETALIATION)
CLAIMS OF HARASSMENT BASED ON NATIONAL ORIGIN OF
HUSBAND, HOSTILE WORKING ENVIRONMENT BASED ON
NATIONAL ORIGIN OF HUSBAND, DISCRIMINATION BASED ON
NATIONAL ORIGIN OF HUSBAND, AND RETALIATION IN
VIOLATION OF TITLE VII AND THE FOURTEENTH AMENDMENT
AGAINST THE MADISON COUNTY, ALABAMA COMMISSION
(ASSERTED VIA 42 U.S.C. 1983)

1290. Investigator Garcia realleges and incorporates by reference paragraphs

1 through 1289 above with the same force and effect as if fully set out in specific

detail herein below.

1291. As set forth above, Investigator Garcia was willfully and/or

maliciously and/or with reckless disregard and/or deliberate indifference harassed

based on national origin of husband, discriminated against based on National


Page 488 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 489 of 625

Origin Of Husband, and subjected to a hostile working environment based on

national origin of husband by Sheriff Dorning, Chief Deputy Sheriff Jernigan,

Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office,

Madison County, and the Commission jointly thereby discriminating against

Investigator Garcia on the basis of National Origin Of Husband with respect to the

terms, conditions, and privileges of her employment in violation of Title VII and

the equal protection of the laws, the Fourteenth Amendment, through the vehicle of

42 U.S.C. 1983.

1292. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions joint decisions regarding the adverse

employment actions taken against Investigator Garcia not only instigated, but

ratified, confirmed, and affirmed such unlawful discrimination and retaliation

against Investigator Garcia.

1293. Sheriff Dornings, Director Howells, Deputy Director Florys,

Chairman Strongs, the Sheriffs Offices, Madison Countys, and the

Commissions joint adverse employment actions taken against Investigator Garcia

enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory behavior

and retaliation against Investigator Garcia by ratifying, confirming, and affirming

Chief Deputy Sheriff Jernigans unlawful behavior by not stopping and/or

Page 489 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 490 of 625

preventing Chief Deputy Sheriffs Jernigans unlawful behavior against

Investigator Garcia.

1294. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission ratified,

confirmed, and affirmed the unlawful behavior described above by not

investigating and/or by not adequately investigating Investigator Garcias

complaints and reports of such unlawful behavior and by subjecting Investigator

Garcia to disparate disciplinary treatment.

1295. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission enabled such

unlawful behavior by ratifying, confirming, and affirming such unlawful behavior

and by not stopping and/or preventing such unlawful behavior.

1296. Moreover, in retaliation for her opposition to and complaints of

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband, and Hostile Working Environment Based On

National Origin Of Husband, Investigator Garcia was retaliated against by Sheriff

Dorning, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission as shown by the adverse

employment actions taken against her which are set forth above.

1297. Garcia made reasonable and good faith complaints and reports of

Page 490 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 491 of 625

Discrimination Based On National Origin Of Husband, her being harassed based

on national origin of husband and working in Hostile Working Environment Based

On National Origin Of Husband in the Sheriffs Office to multiple levels of

supervision and management.

1298. Thereafter, in response to her complaints and reports of

Discrimination Based On National Origin Of Husband, Harassment Based On

National Origin Of Husband and working in Hostile Working Environment Based

On National Origin Of Husband, Sheriff Dorning, Director Howell, Deputy

Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the

Commission jointly subjected Investigator Garcia to ongoing acts of retaliation, as

set out above. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission jointly

subjected Investigator Garcia to an unlawful retaliatory hostile environment.

1299. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Strong, the Sheriffs Office, Madison County, and the Commission have jointly

violated the proscriptions against retaliation, Harassment Based On National

Origin Of Husband, discrimination, and Hostile Working Environment Based On

National Origin Of Husband found in Title VII and the equal protection of the

laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.

1300. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman

Page 491 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 492 of 625

Strong, the Sheriffs Office, Madison County, and the Commission failed to take

effective remedial action to end the Discrimination Based On National Origin Of

Husband, Harassment Based On National Origin Of Husband, and the racially

hostile working environment in the Sheriffs Office as well as the retaliatory

hostile environment they created for Investigator Garcia, and instead the retaliatory

hostile environment continued and escalated with Investigator Garcias being

retaliated against in response to her complaints, reports, and opposition. These

ongoing acts of retaliation and adverse employment actions are set forth above.

1301. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff

Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs

Office, Madison County, and the Commission as described above was done with

malice and/or reckless disregard of and/or deliberate indifference to Investigator

Garcias federally protected rights.

1302. Investigator Garcia suffered damages as a proximate result of these

violations, which were caused by governmental policy and/or custom with

deliberate indifference to Investigator Garcias rights and/or deliberate indifference

to those violations.

1303. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,

Madison Countys, and the Commissions conduct as described above caused and

Page 492 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 493 of 625

is still causing Investigator Garcia emotional distress, mental anguish, loss of

enjoyment of life, inconvenience, and humiliation.

1304. Investigator Garcia has been further damaged in that she has lost

income and benefits, both past and future.

1305. Investigator Garcia has no plain, adequate, or complete remedy at law

to redress the wrongs alleged herein and this suit for back-pay, front pay,

injunctive relief, and compensatory damages, punitive damages, and a declaratory

judgment is her only means of securing adequate relief.

1306. Investigator Garcia is suffering and will continue to suffer irreparable

injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director Howells,

Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison

Countys, and the Commissions unlawful conduct as set forth herein unless

enjoined by this Court.

COUNT LXV
(CLAIMS BASED ON NATIONAL ORIGIN OF HUSBAND AND
RETALIATION)
CLAIMS OF HARASSMENT BASED ON NATIONAL ORIGIN OF
HUSBAND, HOSTILE WORKING ENVIRONMENT BASED ON
NATIONAL ORIGIN OF HUSBAND, DISCRIMINATION BASED ON
NATIONAL ORIGIN OF HUSBAND, AND RETALIATION IN
VIOLATION OF TITLE VII AND THE FOURTEENTH AMENDMENT
AGAINST CHAIRMAN DALE W. STRONG IN HIS OFFICIAL
CAPACITY AS CHAIRMAN OF THE MADISON COUNTY, ALABAMA
COMMISSION
(ASSERTED VIA 42 U.S.C. 1983)

1307. Investigator Garcia realleges and incorporates by reference paragraphs


Page 493 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 494 of 625

1 through 1306 above with the same force and effect as if fully set out in specific

detail herein below.

1308. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the

Commissions policies and procedures for their employees to follow, to which

Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,

regarding complaining about and reporting harassment are, in pertinent part:

A. Act No. 941 of the 1973 Regular Session of the Alabama

Legislature provides, in pertinent part:

1. Section 1. (a) In Madison County, there is


hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.

(b) The personnel department shall consist of a personnel


board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.

Section 4. The provision of this Act shall apply to the