HUD-L-003738-17 09/11/2017 3:26:49 PM Pg 1 of 9 Trans ID: LCV2017192429 Paula Mi Dillnn 00l69l992 KRUMHOLZ Dill/0N, PA 574 Summit Avenue, Suite 402 Jersey City, NJ 07306 (201) 656-5232 Aflorneyx [at Plainilfi JASMINE CRUZ, SUPERIOR COURT 01' NEW JERSEY LAW DIVISION Plaintiff COUNTY OF HUDSON vs. DOCKET No.1 HUDSON COUNTY OFFICE, CIVIL ACTION COUNTY OF HUDSON, a body corporate and politic, LT. LISA KAMINSKI, individually, UNDER SHERIFF BRUCE LAMPARELLO, individually, Defendanl(s) COMPLAINT manner, Jasmine Cruz, residing oomplaining ofthe Defendant, says: FIRST QRIENTA ION 1. Plaintiff, Jasmine Cruz is a female, of Hispanic descent, and identifies as a lesbian. 2, The Defendants "employers" under the new Jersey Law Agpinsl Discriminaiion, SA. (hereinafier, s. Plainliffbecame employed with the defendant County ofHudson, and the Hudson County Shetifl's Office located at 595 Newark Avenue, in Jersey City, New Jersey on or about December IS, 2003 as a Sherifl's Officer (hereinafler 4. Upon infunnation and belief, individual Defendant, LL Lisa Kaminiski, is a while, heiemsexual, finale. 5. Upon information and belief, individual Defendani Lamparello is a white, heterosexual, male. 6. On or about April 24, 2014, Plaintiff filed a Complaint against the Couniy of Hudson, HUD-L-003738-17 09/119017 3:26:49 PM Pg 2 of 9 Trans ID: LCV2017192429 Hudson County Sheriff?s Of?ce, Sgt. Richard Padilla, Daniel Beteta, SIC) Kevin Flannelly which was resolved in October 2015. 7. Upon resolution of the prior Complaint, Plaintiff advised that a new Lieutenant, individual defendant Lisa Kaminksi, was engaging in conduct which was retaliatory. The conduct was addressed and appeared to have dissipated for a period of time. 8. In 2015, Plaintiff was assigned to work at the front desk, in security on the ?rst floor of the Brennan Court house, along with another SIO Patty Lee. 9. Plaintiff advises that Lt. Kaminiski would make discriminatory remarks about the Muslim community, about the Gay community, about the Black community, and about the Lieutenant?s objective to replace Cruz with a ?white male?. Lt. Kaminiski commented to Plaintiff, don?t know how you?re gay, it doesn?t make sense?. 10. Beginning in June 2016, SJO Cruz ?led approximately eight (8) Complaints regarding discriminatory treatment, harassment, and a hostile work environment created and maintained by defendant Lt. Lisa Kaminski, and Undersheriff Lamparello, based on Plaintiff?s sexual orientation or perceived sexual orientation. 11. Lt. Kaminski?s comments included but were not limited to referring to Plaintiff as the ?pawn 12. In mid-August 2016, Plaintiff was interviewed by Internal Affairs about Lt. IE Kaminiski. i 13. In addition, Plaintiff verbally complained to her superiors about Lt. Kaminski, but the conduct did not stop, even after Kaminski went out on leave in approximately September 2016, as Undersheriff Lamparello continued to target and harass the Plaintiff, which included making a verbal threat that he was ?going to get? Cruz. 14. When Plaintiff returned from vacation in October 2016, Plaintiff?s work station was effectively vandalized, with the removal of her personal items by Undersheriff Lamparello, including but not limited to, the removal of a picture of the Plaintiff with her girlfriend, while heterosexual couples were permitted to display pictures of themselves in the workplace, and the removal of a doll that had been left at the courthouse. 09/11/2017 3:26:49 PM Pg 3 'of 9 Trans ID: ch2017192429 15. Plaintiff was handed a memo dated September 27, 2016 from ?Under Sheriff Bruce Lamparello? which was offered to her as an ?of?cial? ?Order? to remove personal items from the security desk, locks on drawers, and plants, although the memo was not on of?cial letterhead I from the County or Sheriff?s Of?ce, and not signed by the Sheriff. Upon information and belief, this memo was not given-to any other employee. 16. Before the memo of September 27, 2016 was served on SEO Cruz, Undersheriff Lamparello had come to the court house in plain clothes, with no badge diaplayed, and screamed at Plaintiff in front of everyone in the court house, which was humiliating and embarrassing. ll 17. 830 Cruz was subject to further retaliatory conduct when she was transferred from the Brennan Courthouse to the Administration Building, along with SEO Jose Gonzalez and Juan Montanez, who similarly complained about Lt. Kaminski. Plaintiff contends that at the time, the Brennan Courthouse still required sheriff of?cers, and that Plaintiff and the others, were replaced at their former posts. 18. As a result of the transfer to the Administration Building, SIO Cruz suffered from anxiety and stress, which necessitated a leave of absence beginning Monday, October 17, 2016. 19. On or about October 25, 2016, Plaintiff was advised that her complaints had been assigned to outside counsel, LeCLair Ryan, for an investigation. 20. Plaintiff did not receive any communication from LeClair Ryan until April 12,2017, ?regarding an ?investigation into your September 2016 complaint?. An Interview was conducted on or about May 2, 2017. To date, Plaintiff has not been informed of the outcome of the investigation. 21. Plaintiff went out of work on FMLA leave in October 2016. 22. Plaintiff was released to return to work in a medical note dated January 23, 2017, 1 although defendant would not return plaintiff to work, causing Plaintiff to remain out of work on unpaid leave until approximately April 2017, when she ?nally was placed on Administrative paid leave. 23. Plaintiff advises that she has not been permitted to return to work since her release by her doctor in January 2017; she has been compliant with all requests to see the County?s doctor 09/11/2017 3:26:49 PM Pg 4 of 9 Trans tD: ch2017192429 who cleared her to return to work in the beginning of February 2017. 24. Plaintiff claims that the actions of the defendants in failing to return plaintiff to work are discriminatory based on her complaints of discrimination based on her sexual orientation and/or perceived sexual orientation in violation of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 25. That as a result of the actions of the defendant(s) as aforesaid, plaintiff was caused to sustain a loss of employment and income and was caused to sustain emotional and distress and harm, embarrassment and a continuous and permanent interference with the prospect of future economic advantage and with the ability to obtain future employment. WHEREFORE, plaintiff demands judgment against any and all of said defendants, jointly and individually, for harm suffered as a result of defendant?s violation of the NJ LAD, N.J.S.A. 10:5-1 et. seq. as follows: an award of compensatory damages, including but not limited to, back pay and bene?ts, front pay and bene?ts, consequential damages, punitive damages, emotional distress damages, equitable relief, prejudgment interest, attorney fees, cost of suit, and expenses Iwith an appropriate enhancement under Rendine' v. Pantaer, 141 NJ. 292 (1995), on this Count of the Complaint. SECOND COUNT Plaintiff repeats the allegations of the previous Count of the Complaint and incorporates same herein by reference. 26. Plaintiff, Jasmine Cruz is a female, of Hispanic descent, and identi?es as a lesbian. 27. Upon information and belief, individual Defendant, Lt. Lisa Kaminiski, is a white, heterosexual, female. 28. Upon information and belief, individual Defendant Undersheriff Bruce Lamparello is a white, heterosexual, male. 29. Plaintiff advises that Lt. Kaminiski would make discriminatory remarks about the Muslim community, about the Gay community, about the Black community, and about the 0911 1/2017 3:26:49 PM Pg 5 of 9 Trans 1D: LCV2017192429 Lieutenant?s objective to replace Cruz with a ?white male?. 30. Lt. Kaminski would make comments at the security desk where Plaintiff was it stationed that ?there f?n Muslims need to get the out of America"; she would watch beheadings on the internet; commented ?it?s always the black ones, they?re always in trouble, that?s why they?re always in jail?; comment about a Muslim named ?El Nagar? that it sounded like the ii word; 31. Plaintiff claims that the actions of the defendants censtituted Race Discrimination in [violation of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et.seq. 32. That as a result of the actions of the defendant(s) as aforesaid, plaintiff was caused to sustain a loss of employment and income and was caused to sustain emotional and distress and harm, embarrassment and a continuous and permanent interference with the prospect of future economic advantage and with the ability to obtain future employment. WH EREF ORE, plaintiff demands judgment against any and all of said defendants, jointly and individually, for harm suffered as a result of defendant?s violation of the New Jersey Law Against Discrimination, NJ as follows: an award of compensatorydamages, including but not limited to, back pay and bene?ts, front pay and bene?ts, consequential damages, punitive damages, emotional distress damages, equitable relief, prejudgment interest, attorney fees, cost of suit, and expensess with an appropriate enhancement under Rendine v. Pantzer, 141 NJ . 292 (1995), on this Count of the Complaint. THIRD COUNT NE JERSEY LAW A INST DISCRIMI TION Plaintiff repeats the allegations of the previous Counts of the Complaint and incorporates same herein by reference. 33. The acts of the individual defendant Lt. Lisa Kaminski described herein were committed within the scope of her employment. 34. The acts of the individual defendant Under Sheriff Bruce Lamparella described herein were committed within the scope of his employment. Hoot-00373847 09/1 1/2017 3:26:49 PM Pg 6 of 9 Trans it): ch2017192429 35. The defendants Lt. Lisa Kaminski and Under Sheriff Bruce Lamparella were supervisory employees to the Plaintiff and exercised control over the Plaintiff in terms of disciplining and recommending the termination of the Plaintiff, and in terms of compensating the plaintiff for the work she performed at Defendant Hudson County Sheriff's Of?ce. 36. The actions of individual defendants Lt. Lisa Kaminski and Under Sheriff Bruce Lamparella altered Plaintiff?s workplace and created a hostile environment for the Plaintiff. . 37. Individual defendants Lt. Lisa Kaminski and Under Sheriff Bruce Lamparella knew or should have known about the harassment and failed to take prompt and effective remedial action to stop it. 38. Beginning in June 2016, SIO Cruz ?led approximately eight (8) Complaints Eregarding discriminatory treatment, harassment, and a hostile work environment created and maintained by defendant Lt. Lisa Kaminski, and Undersheriff Lamparello, based on Plaintiff?s sexual orientation or perceived sexual orientation. 39. In mid-August 2016, Plaintiff was interviewed by Internal Affairs about Lt. Kaminiski. 40. I In addition, Plaintiff verbally complained to her superiors about Lt. Kaminski, but the conduct did not stop, even after Kaminski went out on leave in approximately September 2016, as Undersheriff Lamparello continued to target and harass the Plaintiff, which included making a verbal threat that he was ?going to go Cruz. 41. On or about October 25, 2016, Plaintiff was advised that her complaints had been assigned to outside counsel, LeCLair ityan, for an investigation. 42. Plaintiff did not receive any communication from LeClair Ryan until April 12,2017, regarding an ?investigation into your September 2016 complain An Interview was conducted on or about May 2, 2017. To date, Plaintiff has not been informed of the outcome of the investigation. 43. By engaging in such conduct, said defendants knowingly gave substantial assistance andfor encouragement to defendants County of Hudson andfor the Hudson County Sheriff?s Of?ce?s violations of the New Jersey Law Against Discrimination when they failed to 09/1 H2017 3:26:49 PM Pg 7 of 9 Trans iD: LCV2017192429 take any action to prevent or impede such behavior, and therefore each of them aided and abetted the conduct of their employees in engaging in discrimination against the plaintiff, Jasmine Cruz, in violation of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1, et seq. ii 44. As a result of the hostile environment created and maintained by the defendant(s) as aforesaid, plaintiff was caused to sustain a loss of employment and income and was caused to sustain profound emotional and distress and harm, embarrassment and a continuous and permanent interference with the prospect of future economic advantage and with the ability to obtain future employment. WHEREFORE, plaintiff demands judgment for back pay and bene?ts, front pay and ?bene?ts, compensatory and consequential damages, punitive damages, and equitable relief on i this count of the Complaint against Lt. Lisa Kaminski, individually, and Under Sheriff Bruce Lamparello, individually, and/or the County of Hudson and/or the Hudson County Sheri ff?s Of?ce, together with interest, attorney fees and costs of suit. JURY DEMAND Plaintiff hereby demands trial by jury on all issues herein pursuant to and DEMAND FOR DISCOVERY OF INSURANCE COVERAGE PURSUANT to demand is hereby made that you disclose to the undersigned whether there are any insurance agreements or policies under which any person or firm carrying on an insurance business may be liable to satisfy all or part of a judgment which may be entered in the action or to indemnify or reimburse for payment made to satisfy the Judgment. If so, please attach a copy of each, or in the alternative state, under oath and certi?cation: policy number; name and address of insurer; is inception and expiration date; names and addresses of all person insured thereunder; personal injury limits; property damage limits; and medical payment limits. mm? 09/11/2017 3:26:49 PM Pg 8 of 9 Trans ID: DEMAND FOR DOCUMENTS WHICH ANSWER REFERS Pursuant to Rule 4: 18-2, Plaintiff hereby demands that Defendant produce copies of each and every document or paper to which the Answer refers within ?ve days after service of the Answer. DESIGNATION OF TRIAL COUNSEL Pursuant to Rule 4225-4, Paula M. Dillon is hereby designated as trial counsel for Plaintiff in the within matter. CERTIFICATION OF NO OTHER ACTIONS Pursuant to it is hereby certified that, to the best of our knowledge and belief, the I matter in controversy is not the subject of any other action pending in any other Court or of a pending Arbitration proceeding. Also, to the best of our knowledge and belief, no other action or Arbitration proceeding is contemplated. Further, other than the parties set forth in this pleading, at the present time we know of no other parties that should be joined in this action. in addition, we recognize the continuing obligation of each party to ?le and serve on all parties and the Court an amended certi?cation if there is a change in the facts stated in this original certification. CERTIFICATION REGARDING PERSONAL IDENTIFIERS I Pursuant to Rule 1 :3 I certify that con?dential personal identi?ers have been redacted from documents now submitted to the Court, and will be redacted from all documents . submitted in the future in accordance with Rule 1:3 817%. NOTICE REGARDING OF EVIDENCE Please be advised and noticed that the Defendants should refrain from destroying, disposing or altering any potential evidence in its possession which would relate in any way to this mater. Please also be advised and noticed that this includes any and all electronic records, including but not limited to the hard drives on any and all computers andt?or servers. To that end: 09/11/2017 3:26:49 PM Pg 9 of 9 Trans lD: LCV2017192429 A. The Defendant(s) should not initiate any procedures which would alter any active, deleted, or fragmented ?les. Such procedures may include, but are not limited to: storing (saving) newly 3 created ?les to existing drives and diskettes; loading new software, such as application programs; running data compression and disk defragmentation (optimization) routines; or the use of utility programs to permanently wipe ?les, disks or drives. B. The Defendant(s) should stop any rotation, alteration, destruction of electronic media that may result in the alteration or loss of any electronic data. Backup tapes and disks should be pulled from their rotation queues and be replaced with new tapes. The Defendant(s) should not alter andfor erase active ?les, deleted ?les, or ?le fragments, on - any electronic media storage devices replaced due to failure, upgrade, and/or lease expiration that may contain electronic data having any relation to this matter. D. The Defendant(s) should not dispose of any electronic media storage devices replaced due to failure, upgrade, auditor lease expiration that may contain electronic data having any relation to this matter. it KRUMHOLZ DILLON, P.A. Attorneys for Plaintiff a? QM PAULA M. DILLON