Filed in Fourth Judicial District Court 10/12/2017 11:31 AM Hennepin County, MN STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT John Delmonico, Court File No.: Judge: Plaintiff, vs. SUMMONS Betsy Hodges, individually and in her capacity as Mayor of the City of Minneapolis, and the City of Minneapolis, Defendants. THIS SUMMONS IS DIRECTED TO DEFENDANTS, ABOVE-NAMED: 1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff?s Complaint against you is attached to this Summons. Do not throw these papers away. They are of?cial papers that affect your rights. You must respond to this lawsuit even though it may not yet be ?led with the Court and there may be no court ?le number on this Summons. 2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this Summons a written response called an Answer within 20 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this Summons located at: Kyle E. Hart Fabyanske, Westra, I-Iatt Thomson, P.A. 333 s. 7?h St, Suite 2600 Minneapolis, MN 55402 3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff?s Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer. 4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not Answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the 4819247 1 Filed in Fourth Judicial District Court 10l12/201711:31 AM Hennepin County, MN complaint. If you do not want to contest the claims stated in the complaint, you do. not need to respond. A default judgment can then be entered against you for the relief requested in the complaint. 5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case. 6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 1 14 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute. FABK Dated: October 11, 2017 By Kyle E. Hart (#159025) Nathan R. Sellers (#0393010) 333 South Seventh Street, Suite 2600 Minneapolis, MN 55402 (612) 3597600 nsellersGwahtlawcom WESTRA, HART THOMSON, P.A. Frederic Bruno (#123213) BRUNO LAW, PLLC 5500 Wayzata Blvd, Suite 1000 Minneapolis, MN 55416 (763) 545?7900 ATTORNEYS FOR PLAINTIFF I acknowledge that costs, disbursements cl reasonable attorney and witness fees may be awarded under Minn. Stat. 549.211, subd 3 to he party against whom the allegations in this pleading are asserted. Kyle B. Hart (#159025) 48 19247 2 Filed in Fourth Judicial District Court 10/12/2017 11:31 AM Hennepin County. MN STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT John Delmonico, Court File No.: Judge: Plaintiff, vs. COMPLAINT Betsy Hodges, individually and in her capacity as Mayor of the City of Minneapolis, and the City ofMinneapolis, Defendants. Plaintiff, for his Complaint against Defendants, states as follows: I. 1. Plaintiff John Delmonico (?Delmonico?) is an individual resident of Minneapolis, Minnesota. At all times pertinent to the allegations in this Complaint, Delmonico was a Lieutenant in the Minneapolis Police Department and a night supervisor in the Fourth Precinct. 2. Defendant Betsy Hodges (?Hodges?) is an individual resident of Minneapolis, Minnesota. At all times pertinent to the allegations in this Complaint, Hodges was the Mayor of the City of Minneapolis. 3. Defendant City of Minneapolis (?City?) is a Minnesota municipal corporation. At all times pertinent to the allegations in this Complaint, Hodges was an agent and employee of the City its Mayor). 4. Venue in this Court is proper under Minn. Stat. 542.09 because a substantial number of the events or omissions giving rise to the claims asserted herein occurred in Hennepin 4805069 1 Filed in Fourth Judicial District Court 10/12/2017 11:31 AM Hennepin County. MN County, numerous witnesses reside in Minnesota, and plaintiff and defendants are located in Hennepin County. 11. FACTS 5. On April 26, 2017, Minneapolis Police Chief Janee Hatteau (?I-latteau?) announced that she was promoting'lnspector Michael Kjos (?Kjos?) to a Deputy Chief position, and replacing him with Delmonico as Inspector of the 4m Precinct in North Minneapolis, a position considered to be one of the toughest in the Police Department. This decision had been made with the prior approval of Hodges. 6. . But, Hodges had other plans and reversed her position. Shortly after the announcement, in a series of text messages between Hodges and Harteau on City-issued cell phones, Hodges stated that Delmonico was untrustworthy (?we can?t trust John?) and was a racist (?they also remember lots of racist stuff he has done?). A copy of the text messages is attached hereto as Exhibit A, and incorporated herein by reference. 7. Because the text messages constituted ?public records? under the Minnesota Government Data Practices Act, they were produced to the news media in response to requests and widely published. 8. Hodges ultimately blocked Delmonico?s appointment. 111. 9. The allegations in Paragraphs 1-8 are realleged and incorporated herein by reference. 10. At the time Hodges made the statements about Delmonico set forth above in Paragraph 6 (the ?Defamatory Statements?), Hodges was an agent and employee of the City and acting within the scope of such agency and employment. 4805069 [0 Filed in Fourth Judicial District Court 101121201711231 AM Hennepin County. MN 11. At the time Hodges made the Defamatory Statements, Delmonico was a private Minnesota resident, not a public ?gure. 12. Hodges? Defamatory Statements that Delmonico was untrustworthy and a racist are false, libelous, and defamatory, per se. The Defamatory Statements exposed Delmonico to hatred, contempt, ridicule, and obloquy. 13. The Defamatory Statements were not privileged. 14. The Defamatory Statements were widely publicized and included in news articles, including articles in the Minneapolis Star and Tribune, the Pioneer Press, and on the internet, television and radio. 15. I-lodges? Defamatory Statements were intentionally or recklessly made with malice, hatred, and ill?will toward Delmonico and with a desire to injure him. Upon information and belief, Hodges? desire to injure Delmonico stems from, among other things, prior disputes over union pension bene?ts (when Hodges was on the Minneapolis City Council and Delmonico was head of the Minneapolis Police Federation) and over a dispute that became known as ?Pointergate,? where Delmonico questioned the wisdom of the Mayor posing in a photograph with a convicted criminal while appearing to ?ash gang signs for the camera. 16. Hodges? Defamatory Statements harmed Delmonico?s reputation and lowered him in the estimation of his profession and the community in general. As a direct and proximate result of the publication of l-lodges? Defamatory Statements, Delmonico has suffered damage to his career, reputation, shame, embarrassment, morti?cation, and mental anguish, all to his damage in an amount in excess of $50,000, to be established by proof at trial. 4805069 3 - -1 - 27 CV 7 15654 Filed in Fourth Judicial District Court 10/12/2017 11:31 AM Hennepin County. MN WHERBFORE, Delmonico demands judgment against Hodges and the City, jointly and severally, for: 1. compensatory damages according to proof; 2. interest as allowed by law; 3. costs of suit; and 4. such other and further relief as this Court may deem just and proper. Delmonico also expressly reserves the right to seek leave of Court to assert a claim for punitive damages pursuant to Minn. Stat. 549.20. FABYANSKE HART THOMSON, P.A. Dated: October 11, 2017 By 1(er E. Nathan IL Sellers (#0393010) 333 South Seventh Street, Suite 2600 Minneapolis, MN 55402 (612) 359-7600 nsellerSra?vhtlawcom Frederic Bruno (#123213) BRUNO LAW, PLLC 5500 Wayz?ata Blvd., Suite 1000 Minneapolis, MN 55416 (763) 545-7900 bruno?ibrunolaweom ATTORNEYS FOR PLAINTIFF ACKNOWLEDGMENT reasonable attorney and witness fees may be th arty against whom the allegations in this I acknowledge that costs, disbursements awarded under Minn. Stat. 549.211, subd. pleading are asserted. Kyle E. Hart (#159025) 4805069 4 . Filed in Fourth Judicial District Court 10/121201? 11:31 AM .0000 3:32 PM 4 0? SE Hennepin Countyplayed his role as president but we had many agreements that we worked through! Now he?s onmy team and therefore yours oUt will they accept him? Yes they already do! and they didn't vote him out they wanted Change. He EXHIBIT has been instrumental in Av helping Kjos leadthe.11, .. . .. . - -1 - 27 CV 7 15654 Filed in Fourth Judicial District Court 10f12!2017 11:31 AM 00.00 ?1 a )g 60% Hennepin County. MN (Q Yes they already do! and they didn't vote him out they wanted ;.:.Change. He has been instrumental in helping Kjos lead the troops Since the damage Fritz has done. I also need someone who can lead during contentious electiOn times and not waver from the mission.? John knows how to manage politics and will do whatl need him to do. Grea Love that. Today 1:55 PM Progressive community remembers he's the one who commented on . Filed in Fourth Judicial District Court 11:31 AM .0000 3:32 PM ?1 0' >3 Hennepin County. MN <9 <9 Janee_ 55'Progressive-community remembers he's the one pointergate," and in_f_;4th precinct especially-t0 have that be doing a let of for hips. They also rememberlots of Sorry lwas in meetings when we were texting before andell this??_came to me. This Will be?5'11'Very badfor NI '2 work and community trust I building. And I don't know that I will be able to defend.it__._ Filed in Fourth Judicial District Court AM 4 63.60% HennepinCouan 27-CV-17-15654 ?no It's our talk" I build . -. havea man-etc: - 9? i ?x (?is MW x? '3 . ?Eh-aw nun-u? -4 .M ?mom. wan arm-?n cw" nw 3v -c - - 27 17 15654 Filed in Fourth Judicial District Court .0000 3:Janee ?l vahat dl are going see: . Theeffecti-Ve date a treally think you're underestimating how/poorly this will be taken.? a announcementgo out? . . I assume I I Will hear about it Shortly. 27011745654 Filed in Fourth Judicial District Court 10/12/2017 11:31 AM .. 3332 PM 0? 7% Hennepin County. MN '0 Janee will hear aboU-t itishortiy. am going to have how i respond to to fit, my :Options we need totaik. i will call you as soon as I can - - Make it soon, c?hief. . Need10 Chief. Unless you'rein an - active life threatening situation there is nothing you're doing right nowthat is more imortant than . .nu. .. .o-pa?u Filed in Fourth Judicial District Court 10112120171131 AM 00.00 ?1 '0 60% Hennepin County, MN 0 <9 Janee Need10 . activelifethreatening? I . situation there i-s-nOth-ing -. - yOu're doing is? mere important than cl-ea'r'9d01'i't talk a plan and give the 0k Copy. Again I am. tied up with my family for Lauren's 18th birthday dinner from 4?10. Happy to talk after 0 in the morning - - lWill rondo. - - Delivered