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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION JONATHAN DRUMMOND Plaintiff,
V.

Civil Action: Jury Trial demanded LARRY CHISOLM, individually and In his Official Capacity as the District Attorney for Chatham County, Georgia COMPLAINT This action is brought by Plaintiff, a former employee the Office of the District Attorney, Larry Chisoim and Chatham County pursuant to Title VII, of the Civil Rights Act of 1964, as amended, 42 U.S.C.A. 2000(e) et seq. the Civil Rights Act of 1991, 42 U.S.C. S 1983, the Americans with Disabilities Act (the "ADA") 42 U.S.C.A. 12112 et seq. (:1995), and 1988 for violations resulting in a hostile work environment based upon Plaintiff's gender male, for retaliation in complaining about the hostile work environment to which the Plaintiff was subjected to, for constructive discharge, and intentional infliction of emotional distress under Georgia law. JURISDICTION AND VENUE 1. This Court has subject matter jurisdiction of the federal claims asserted in this action under 28U,S.Cl331 1332 1337, 1338, 1343(a) (4) 1367. 2. Venue is proper in this Court pursuant to 28 U.S.C. 1391(b), as Defendants reside and conduct business in this District and as a substantial part of the events or omissions giving rise to the claims occurred in this District.

C V 4 11-194

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3.

Plaintiff also asserts state-based claims under the supplemental jurisdiction of this court, pursuant to 28 U.S. C. 1367, to hear and decide claims arising under the laws of the State of Georgia. Jurisdiction is specifically conferred on the Court by 42 U.S.C. 20000e-5. Equitable relief is requested pursuant to 42 U.S.C. 200035(g). I. STATEMENT OF CLAIMS

4.

The instant lawsuit is for declaratory and injunctive relief for unlawful discrimination, and retaliation based upon gender in the terms and conditions of employment pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq., as amended by the Civil rights Act of 1964, 42 U.S.C. 2000e, et seq., as amended by the Civil rights Act of 1991, as amended, 42 U.S.C. 2000e, et seq. ("Title VII"), for vicarious liability and supplemental causes of action for intentional infliction of emotional distress, as well as for attorney's fees, compensatory damages, and punitive damages.

II. PARTIES 5. Plaintiff Jonathan Drummond (hereinafter "Plaintiff" or "Drummond") is a resident of Savannah, Chatham County. Plaintiff is a black male. Plaintiff was employed by Defendant as an investigator in the Victim-Witness Department of the District Attorney's office. 6. Defendant Larry Chisolm at all times relevant to this lawsuit is an elected state constitutional officer of the State of Georgia holding the position and title of District Attorney.

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7.

Defendant Chatham County is a governmental entity that manages employees such as the Plaintiff and provides funds for the operation of the Office of the District Attorney.

8. 9. 10.

Defendant Larry Chisoim was elected to office on November 4, 2008, Larry Chisolm resides in Chatham County, Georgia. As such, Defendant Larry Chisolm is subject to the jurisdiction of this court. Defendant may be served process by

11.

Defendant Larry Chisolm is an employer as defined by 42 U.S.C.A. 2000e (b) Defendant is subject to the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq., as amended by the Civil rights Act of 1991, and the laws of the State of Georgia.

12, Defendant Chatham County is an employer as defined by 42 U.S.C,A. 2000e (b) Defendant is subject to the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq., as amended by the Civil rights Act of 1991, and the laws of the State of Georgia. 13. Plaintiff Drummond was, at all times relevant to this action, an "employee" of the Defendant Larry Chisolm in his capacity as District Attorney of Chatham County as defined at 42 U.S.C. 20000e (f), and is entitled to the protections provided there under. 14. Plaintiff Drummond was at all times relevant to this action an "employee" of Defendant Chatham County as defined at 42 U.S.C. 20000e (0, and is entitled to the protections provided there under.

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15.

Plaintiff Drummond exhausted all of his State and Federal administrative procedures prior to filing the instant Complaint. Plaintiff has provided Defendant with proper notice pursuant to O.C.G.A. 36-1 1-1.

16.

Plaintiff received his right to sue letter and this action is timely filed within 90 days of receipt. See attached Ex. A. III. GENERAL ALLEGATIONS a. Hostile Work Environment based upon gender, male

17.

Plaintiff was hired by Defendant Larry Chisoim on or about March 29, 2010 for the position of investigator in the District Attorney's office.

18. 19.

Defendant Larry Chisoim did not interview anyone else for the position. Defendant Larry Chisoim hired the Plaintiff because he is male and Larry Chisolm is sexually and physically attracted to males.

20.

Plaintiff was approached by Larry Chisolm after he saw him in church in his police officer's uniform.

21.

Defendant Larry Chisoim obtained Plaintiff's home address and came to Plaintiff's home and suggested that he apply for a position in the District Attorney's office.

22.

At the time, Plaintiff was employed as a police officer with Savannah-Chatham Metropolitan Police Department.

23. 24. 25.

Plaintiff filled a new position created by the District Attorney, Larry Chisolm. Plaintiff is a black male. Defendant Larry Chisoim is either a gay male or a bi-sexual male.

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26.

Shortly after the Plaintiff was hired, he teamed that another investigator, male, was living with Larry Chisoim.

27.

On or about June 2010, Plaintiff was required to attend a conference in California with Defendant Larry Chisoim.

28.

Plaintiff was informed that he was also required to share a hotel room with Larry Chisolm and a case worker who was living with Larry Chisoim.

29. 30.

Plaintiff indicated that he would not stay in a room with the two men. Larry Chisoim indicated that Plaintiff's job was dependent upon his attending the conference and Plaintiff was required to stay in the same hotel room with the two men.

31.

Plaintiff filed a complaint with the Chatham County Human Resources department because he was being pressured to stay in the same hotel room as Larry Chisolm as a condition of keeping his job.

32.

After Plaintiff filed his complaint with Human Resources, he was placed on administrative leave. b. Retaliation in violation of Title VII

33.

Plaintiff was placed on administrative leave and was not permitted to perform his duties in the Victim Intervention program for which he was hired, and for which he left the Savannah-Chatham Metropolitan Police Department.

34.

At the time of the harassment, based upon his sex, male, Plaintiff's position was located at Memorial Hospital.

35.

After Plaintiffs complaint, he was relocated closer to the District Attorney, Larry Chisolm on Montgomery street.

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36.

Plaintiff was given a desk and no telephone or computer in order to perform his job responsibilities on Montgomery street.

37.

Plaintiff was in a close proximity to Larry Chisoim every day at the Montgomery street location.

38.

Larry Chisolm continued to approach the Plaintiff and told the Plaintiff repeatedly that he had "invested" in the Plaintiff.

39.

Larry Chisolm constantly asked the Plaintiff inappropriate questions such as his clothing size, and commented that the Plaintiff was "too skinny" and needed to be "fattened up" and repeatedly asked him to lunch.

40.

Larry Chisolm offered him other non work related benefits such as housing assistance.

41.

On one occasion, the Plaintiff was required to drive Larry Chisolm to Americus, GA to a funeral.

42.

Larry Chisolm insisted that they go to Chisolm's house first and "get a second set of directions."

43.

Plaintiff refused to come into Chisolm's home and insisted upon waiting for Chisoim in the car because he was afraid that Chisolm would make more overt sexual gestures to him and he was afraid for his job.

44.

Plaintiff was not permitted to perform his jobs at a location apart from the unwanted advances of the District Attorney Larry Chisolm at Memorial Hospital and was constructively discharged in August 2010.
C.

Intentional Infliction of Emotional Distress and failure to accommodate the Plaintiff

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45.

Due to the stressful, hostile environment that the Plaintiff was subjected to as a result of the threat of the loss of his job and the retaliation in the terms and conditions of his employment, Plaintiff developed a stress induced bacterial infection.

46.

Plaintiff was required to attend psychological counseling during his employment by Defendant Chatham County's agents in Human Resources.

47.

Defendant's agent Van Johnson contacted the medical profession counselor that Plaintiff was scheduled to meet and made a false and reckless report that Plaintiff had been 'molested in the past."

48.

Defendant's agent knew that the statement was untrue and made it with complete disregard for the Plaintiff.

49.

The statement was false and made with reckless abandonment calculated to cause the Plaintiff emotional distress and calculated to influence the counselor and adversely impact Plaintiff's treatment and the terms and conditions of his employment.

50.

While Plaintiff was under a doctor's care for the above-referenced infection, he was required to travel to Forsyth, GA for training.

51.

Plaintiff was threatened with his employment termination if he failed or refused to go to the Forsyth training, in spite of his illness.

52.

Plaintiff was still under medication and requested the reasonable accommodation that the training be rescheduled when he had completed the medication for the infection.

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53.

Plaintiff was threatened with employment termination in violation of the ADA and went to training.

54. 55.

While the Plaintiff was at the training site, he became ill, vomiting. Plaintiff was otherwise qualified to perform his duties and asked for a reasonable accommodation to complete the 14 day medical treatment prior to traveling away from home.

56.

Plaintiff was perceived as disabled and in fact suffered a disability, to-wit 14pylori which affected his major life activities and was a disability under the ADA.

57.

Plaintiff accommodation was reasonable and Defendant Larry Chisoim and his agents refused to accommodate him causing the Plaintiff stress to manifest physically in the form of increased vomiting and nausea. CAUSES OF ACTION COUNT ONE VIOLATION OF PLAINTIFF'S CIVIL RIGHTS UNDER TITLE VII

58.

Plaintiff repeats, re-alleges and reiterates the foregoing allegations set forth in paragraphs I through 44 as if set forth herein,

59.

Plaintiff Drummond has suffered and in the future will suffer actual damages in the form of mental anguish emotional distress and humiliation as a result of Defendant's discriminatory employment practices.

60.

Defendant has subjected Plaintiff Drummond to discrimination based upon his gender in violation of Title VII. COUNT TWO RETALIATION IN VIOLATION OF TITLE VII

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61.

Plaintiff Drummond adopts and incorporates by reference paragraphs 1- 60 as if fully set forth herein.

62.

The acts and omissions described above demonstrate that Defendant Larry Chisoim has discriminated against Plaintiff Drummond in violation of Title VII of the Civil Rights Act, 42 U.S.C. 2000e, et seq. , as amended, by the Civil Rights Act of 1991, ("Title VII") by subjecting his to different treatment on the basis of his gender.

63.

Defendant Larry Chisolm conditioned the Plaintiffs employment on accepting his unwelcomed and unwanted advances which affected the terms and conditions of Plaintiffs employment.

64.

When the Plaintiff complained the Plaintiff was subjected to retaliation in the terms and conditions of his employment in violation of Title VII when he was moved closer to District Attorney Larry Chisolm so that he could be subjected to his advances on a daily basis.

65.

He retaliated against when he was not given a telephone or computer for a week and therefore was unable to perform the duties and responsibilities of his job.

66.

Plaintiff was constructively discharged because he could not perform the duties of his employment without fear of further threat of job termination and without a work environment which was free from the constant inappropriate comments made by Larry Chisolm as to his body.

67.

The retaliation for engaging in protected activity, which was unwelcome, offensive, sever, persistent, abusive, malicious, intentional, and otherwise wrongful in violation of Title VII.

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68.

Defendant intentionally discriminated against Plaintiff Drummond because of his gender male and because he engaged in protected activity, in violation of Title VII, by relocating him and placing him on administrative leave affecting the terms terms, conditions, and privileges of employment, and retaliating against his for asserting his civil rights. See 42 U.S.C. 2000e-2.

69. 70.

Defendant does not have immunity for his actions and omissions. As a direct and proximate result of the acts and omissions of Defendant as set forth above, Plaintiff has suffered lost wages and benefits, severe emotional distress, humiliation and embarrassment. Plaintiff has also incurred attorney's fees and court costs. COUNT III INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

71.

Plaintiff Drummond adopts and incorporates by reference paragraphs 46- 57 as if fully set forth herein.

72.

The conduct of Defendant Larry Chisoim , the agents of the District Attorney and the agents of Defendant Chatham County's which include but are not limited to Van Johnson was intentional, reckless, extreme, and outrageous. Defendant's actions caused Plaintiff Drummond emotional distress, and Plaintiff Drummond's emotional distress was severe and manifested in severe a bacterial infection for which he had to be medically treated.

73.

Defendant Larry Chisoim's unlawful conduct was directed at Plaintiff Drummond, and there was a special employment relationship between Defendant and Plaintiff Drummond.

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74.

Defendant Chatham County's agent Van Johnson make false an untrue statement regarding the Plaintiff calculated to harm his reputation and interfere with his medical treatment which caused the Plaintiff emotional distress in violation of Georgia law. COUNT IV VIOLATIONS UNDER THE ADA

75,

Plaintiff Drummond adopts and incorporates by reference paragraphs 46- 57 as if fully set forth herein.

76.

The acts and omissions of Defendant set forth above amount to violations of the ADA.

77. 78. 79.

Plaintiff was an employee was a perceived and actual disability. He requested a reasonable accommodation. The agents of the District attorney denied his reasonable accommodation in violation of the ADA.

COUNT V ATTORNEY FEES 80. 81. Plaintiff incorporates paragraphs 1-79 as if fully set forth herein and states: Plaintiff Drummond seeks an award of attorney's fees from Defendants in this action. 82. Defendants have been unnecessarily contentious; and has caused Plaintiff Drummond additional attorney's fees. Plaintiff Drummond is therefore entitled to recover from Defendant the expenses of this litigation, including but not limited to reasonable attorney's fees and costs.

Ill

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83.

Plaintiff Drummond seeks and is entitled to an award of his attorney's fees pursuant to 42 U.S.C. 1988(b). COUNT VI PUNTIVE DAMAGES

84.

Plaintiff Drummond adopts and incorporates by reference paragraphs 1- 84 as if fully set forth herein.

85.

Defendant Larry Chisolm showed willful misconduct, malice, wantonness, oppression, or that want of care which would raise the presumption of conscious indifference to consequences.

86.

Plaintiff Drummond is entitled to an award of punitive damages in an amount to be determined in the enlightened conscience of a fair and impartial jury, not as compensation to Plaintiff Drummond but solely to punish, penalize or deter Defendant Larry Chisolm from such wrongful conduct in the future. DEMAND FOR RELIEF WHEREFORE, Plaintiff Drummond prays that process issue according to law

and demands judgment against Defendants as follows: a) All damages that may be awarded under Title VII, and Georgia law; general compensatory damages including but not limited to damages for mental and emotional distress plus interest; b) c) d) Special damages; Punitive damages; Injunctive relief including but not limited to reinstatement or rehire with effective raises and pay increases from the date of plaintiff's

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termination and/or money damages for Plaintiffs lost benefits lost vacation time, lost personal time, sick time and other lost time; e) Injunctive relief preventing and prohibiting Defendant Larry Chisoim from engaging in his present practices in violation of the laws cited herein; f) Reasonable attorney's fees expenses and costs pursuant to 42 U.S.C. 1988; and g) Such other further and different relief as this Court deems just and proper.

Respectfully submitted this _4th_ day of August, 2011.

Is Gwendolyn Fortson Warjng Gwendolyn Waring, Esq. Attorney for the Plaintiff State Bar No. 270110

1605 Whitaker Street Savannah, GA 31401 912.477.5590 912.238.0207 facsimile

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