. . rt fE t' es I Rgpkamrg?gg:mg?cgilxgioe?mces This Box is For Clitoral Use Only. Alternative Format Available - .. 3332333333 See instructions on back. Kieg?euety Nam Address. Business Phone: Date of Birth: County Claim Number! Clerks Dale Stamp Your Address a loss I incident? Address City State Zip 4 Date Ollmidentici '1 Time of Incident: Amount Claimed: Address I Location of Iosslincident: Description of Details (Describe how the loss 1' incident occurred): 56:6.- ??l?lkd? t?cl (Attach additional pages and supporting documents as needed.) KingCounty?s Involvement (if possible, please identify employee andlor department involved): see, OL-t'll-dle-ecl Witnesses (please pro ide ad resse and phone numbers) (1 Complete this section for Metro Transit claims. Coach Vehicle Number Pedestrian Owner Route Number Coach Vehicle License Numhe Driver of Another Vehicle Fleassenger in Another Vehicle .EBus Passenger Other (Describe) I was a: Property Damage (please describe the value and extent of the damage to your home. automobile or personal property. Attach estimates, bills or whatever documentation of damages you may have): License 533 Insurance Name: Make: Model: Were you injured? Fido If yes, then complete the following: Descnbe your injury (Identify your doctors(s)lhealthcare provider(s)): sac, jNo If Yes, rate of pay: res I: .. I declare under penalty of perjury under the laws ofthe State of Washington that the a . - 4 'Qt' Tutielcm?s . Ice (City. State)) King County Electronic Claim for Damages Form (Rev 07(2014) TORT CLAIM FORM Sgt. Lou Caballero DOB: 1-10?65 c/o Julie Kays Connelly Law Offices 2301 North 30th Street Tacoma, WA 98403 253?593-8360 WITNESSES: Deputy Amy Shoblom cio Julie Kays Connelly Law Of?ces 2301 North 30th Street Tacoma, WA 98403 253-593-8360 See witnesses set forth on the tort claim form of Amy Shoblorn, previously served on King County, and hereby incorporated by reference. The following are King County Sheriff?s Of?ce employees: Captain Jesse Anderson Dave utilla Chief Deputy Jim Pugel Sgt. Francis Carlson Sgt. Patrick Rattis Sheriff John Urquhart Sgt. John McSwain Deputy Jessie Sorrels Deputy Tirnm Brewer Marcus Williams Detective Christina Bartlett Former Sgt. Dewey Burns Sgt. Lance Dauber Tort Claim King County Sgt. Lou Caballero -- 1 The following are King County NIETRO employees: Kelvin Kirkpatrick Kevin Friend METRO Supervisors Metro Transit Base Chief Arnold Becker The following are attorneys who work for or were contracted for service by the King County Prosecuting Attorney?s of?ce Civil Unit: Brenda Bannon Kalina FACTS GIVING RISE TO CLAIMS: Sgt. Lou Caballero is employed by the King County Sheriffs Of?ce. Louis a ?rst generation Cuban American. Lou was born and raised in New York City, New York speci?cally Hell?s Kitchen -- which has been called the melting pot of America. His parents believed in education, and provided their son with a Jesuit and Christian education. Lou earned his college degree from Johnson and Wales University in Providence Rhode Island, where he earned an A.S. in Business and Marketing. Lou?s father was a Merchant Marine. Like his Dad, Lou followed in his Dad?s footsteps when he enlisted in the United States Navy in February 1986. During his career in the US. Navy, Lou served on three Trident Nuclear Ballistic Missile Submarines and was an instructor during his shore tour. During his Active Duty Enlistments Lou also volunteered to be a Kitsap County ?re?ghter and a Suquamish Tribal Police Reserve. In April 1999, Lou resigned from active duty to pursue a career in law enforcement with the King County Sheriffs Of?ce. Lou remained active in the Navy Reserves. Lou was deployed to the Central Arabian Gulf in 2003 to manage submarine movements as part of the Lincoln Battle Group during Operation Iraqi Freedom. Lou was a decorated Chief Petty Of?cer, and he held one of the highest security clearances in the Navy relating to nuclear weapons. Tort Claim King County Sgt. Lou Caballer -- 2 He continued to serve our Country in the Navy Reserves until November 2006, when he of?cially retired from the Navy. In 1999 Lou joined the King County Sheriffs Of?ce, and was promoted to Sergeant in August 2006. Since 2006, Lou has held Sergeant positions in the following units: Southeast precinct patrol, ARFF at Boeing Field, Property Management Unit, and METRO division. Lou is also a member of the KCSO board that interviews prospective deputies for hire, as well as the KCSO team responsible for testing and implementing the change to a New Records Management System. Lou?s performance as both a KCSO deputy and Sergeant have consistently earned him high marks on his performance evaluations. Up until the point when Lou ful?lled his obligation to report a fellow Sergeant for committing acts of sexual harassment, Lou?s career with the KCSO was exemplary. While a Sergeant in the KCSO METRO division, Lou supervised Deputy Amy Shoblom for a period of time. Sgt. Dewey Burns was also a sergeant at METRO, and Burns also supervised Deputy Shoblom. In September 2014, Sgt. Caballero learned from Deputy Amy Shoblom that Sgt. Dewey Burns was engaging in acts of sexual harassment. Sgt. Caballero immediately contacted his superior, Captain Marcus Williams. Sgt. Caballero drove to Bremerton to meet face-to?face with Captain Williams to report Sgt. Burns for acts of sexual harassment, among other concerns regarding Sgt. Burns. Sgt. Caballero wrote out a report documenting his report of Sgt. Burns to Captain Williams. This was not the first time Sgt. Caballero had reported to his chain of command the concerning behaviors of Sgt. Burns in the work place. Sgt. Caballero had previously reported Sgt. Burns to command staff for engaging in workplace bullying behavior, aggressive behaviors and outbursts, unprofessional behavior, misuse of leave time, and being AWOL while on shi?. Each time Sgt. Caballero raised these matters with command staff the response was the same: nothing was done. It was also well known that Sgt. Burns regularly and openly referred to Sgt. Caballero as "Mexi." Presumably Sgt. Burns found humor in calling Lou a derogatory name mocking his ethnicity. Lou didn't find this funny. But the name Tort Claim King County Sgt. Lou Caballer -- 3 calling, bullying and other behaviors were tolerated and ignored by METRO command staff. In the weeks and months that followed the sexual harassment report, Sgt. Caballero has been subjected to repeated acts of retaliation from the KCSO command staff, including but not limited to: violation of his right to privacy, subjecting him to numerous complaints and internal affairs investigations, threat of termination, placed on administrative leave. All because of the simple fact that he did the right thing and he reported Sgt. Burns for sexual harassment. In November 2014 Sgt. Caballero was provided a KCSO issued form, which compelled him, upon threat of termination, to be subjected to a two plus hour openly hostile ?interview.? Sgt. Caballero was listed as a witness in the investigation, but treated like a suspect. That further directed Sgt. Caballero to produce his PERSONAL and PRIVATE cellular telephone for examination and downloading by KCSO internal affairs of?cers. During the interrogation, Sgt. Caballero was threatened with termination if he did not produce his PERSONAL and PRIVATE cellular phone for this examination. Sgt. Caballero?s request for a break during this interview was refused. Sgt. Caballero was repeatedly told that if he did not produce his PERSONAL and PRIVATE cellular phone for examination that he would be terminated for failure to cooperate. Because of the coercive demands and threatening environment, Sgt. Caballero believed he had no choice but to turn over his PERSONAL and PRIVATE cellular phone for examination, or he would be terminated. Sgt. Caballero was told that only the following text messages from his PERSONAL and PRIVATE cellular phone would be downloaded: texts to and from Caballero and Burns, and texts to and from Caballero and Shoblom. Sgt. Caballero was coerced into providing his phone for this NARROW scope of text messages to be downloaded. Sgt. Caballero stayed for another six hours while KCSO managers directed the download of data from of his PERSONAL and PRIVATE cell phone. Months later Sgt. Caballero learned that the KCSO had exceeded the scope of the search of his PERSONAL and PRIVATE cellular phone, and that the KCSO had downloaded ?g text messages on his cellular phone. KCSO command staff took the illegally and coercively obtained text messages and initiated an internal affairs investigation into Sgt. Caballero. That internal affairs investigation predicated upon the unlawfully obtained text messages was commenced simply because Tort Claim King County Sgt. Lou Caballero -- 4 Sgt. Caballero had reported Sheriff Urquhart?s gol?ng buddy -- Sgt. Burns -- for sexual harassment. Following Sgt. Caballero reporting Sgt. Burns for committing acts of sexual harassment, Sheriff Urquhart called Sgt. Burns on the telephone. Urquhart told Burns, ?Dewey this is John. Urquhart went on to say, ?this conversation never happened," and ?I?ll take care of you on the sexual harassment complaint? by Shoblom. The aforementioned internal affairs investigation predicated upon the unlawfully obtained text messages unfairly and falsely accuses Caballero of misconduct. The KCSO's coercive tactics, and undertaking a retaliatory internal investigation against Sgt. Caballero, are a blatant effort by KCSO Command staff to retaliate against and sully the reputation of Sgt. Caballero for reporting Sgt. Burns for acts of sexual harassment. In the weeks and months that followed Sgt. Caballero?s report of sexual harassment on behalf of Deputy Shoblom, Sgt. Caballero was subjected to ?ve different internal affairs investigations, in which he is the subj ect/ accused. In highly transparent fashion, the KCSO has targeted Sgt. Caballero for repeated internal investigations. One of the investigations was based upon a complaint lodged by an individual who was a character witness for Sgt. Burns at his Loudermill hearing on the sexual harassment of Deputy Shoblom. Sgt. Caballero has now been threatened with termination by the Sheriff, and the Sheriff has made public statements in the media about Sgt. Caballero that have damaged his personal and professional reputation even though the investigation is open and no ?nal decision has been made. During Sgt. Caballero's time at METRO with Sgt. Burns, Lou was subjected to a hostile work environment based upon his ethnicity. In the 10 months since Caballero reported Burns for sexual harassment, KCSO Command staff has trampled on his privacy rights, tarnished his reputation, subjected him to repeated investigations, and threatened him with termination. The only reason Sgt. Caballero is in this position is because he reported Sgt. Burns for sexual harassment. Tort Claim King County Sgt. Lou Caballer 5 The discriminatory and retaliatory treatment of Lou is further evidence of the pattern and practice of King County's KCSO to retaliate against those who report violations of the WLAD, including sexual harassment. Sadly, Lou joins a long list of deputies who have been and continue to be on the receiving end of the retaliatory and vindictive actions of the KCSO command staff. See Shoblom, et at, v. King County, Cause No. 15-2-09687-7, incorporated herein by reference. The Washington Law Against Discrimination applies to King County. The WLAD forbids an employer from retaliating against an employee who has reported a violation of the WLAD, or provided testimony in an of?cial proceeding relating to a violation of the WLAD. King County, through its Sheriffs Department has an obligation to comply with the WLAD. King County has a duty to not engage in acts of retaliation against employees who report sexual harassment and violations of the WLAD. King County breaches the duty of care it owes to an employee when it engages in retaliatory actions against its employees. King County has an obligation to comply with WLADS prohibition against creation of a hostile work environment based upon race and the reporting of a violation of the WLAD, and other actions. That duty is breached when a command staff and sergeant ignore complaints and permit a sergeant to call a deputy of Cuban descent "Mexi" in the workplace, among other derogatory remarks, and to harass Sgt. Caballero through repeated internal affairs complaints and investigations. These and other actions are a direct and proximate cause of damages suffered by Sgt. Caballero. In addition, King County owed a duty of care to Sgt. Caballero, who not only testified in an of?cial proceeding relating to a WLAD violation, but also reported the WLAD violations committed by Sgt. Dewey Burns. Since his testimony, and reporting of this misconduct, Sgt. Caballero has been the subject of FIVE separate ITU investigations, has been placed on administrative leave, and threatened with termination of employment, among other retaliatory acts. It is clear that the KCSO command staff is engaging in acts of retaliation against Sgt. Caballero in a blatant effort to intimidate, sully the reputation of, and terminate Sgt. Caballero because he reported sexual harassment by Sgt. Dewey Burns. As a direct and proximate cause of the hostile work environment, discrimination and other retaliatory actions by King County, Sgt. Caballero has suffered emotional, distress, damage to his professional reputation, lost job opportunities, lost wages, as well as other general and special damages. His reputation is systematically being destroyed by the KCSO Command staff all in an effort sweep the KCSOs problem Tort Claim King County Sgt. Lou Caballero -- 6 of sexual harassment under the rug. Sgt. Caballero?s damages are signi?cant and ongoing. Should King County terminate Sgt. Caballero, a claim of wrongful termination, as well as an act of retaliation, among other related claims will also be brought against King County. King County owes a duty of care to its employees to not retaliate against or terminate employees who report a violation of WLAD. Defendant County breaches that duty of care when it terminates an employee, such as Sgt. Caballero, for reporting a Violation of the WLAD. Should the unthinkable occur, then Sgt. Caballero will incur considerable general and special damages including back and front pay, lost wages, bene?ts, among other damages. Claimed amount: $1 million - $3 million. Tort Claim King County Sgt. Lou Caballer -- 7