STATE OF MINNESOTA, DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT Court File AARON W. FOSTER, SR., Plaintiff, summoxs —_FECEIVED (CIVIL) Nov y 3 2g City CLERK CITY OF ST. PAUL, Defendant. 10: THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED and required to answer the attached Complaint of the plaintiff that is hereby served upon you. You are required to serve a copy of your Answer upon plaintiff's counsel, WILLIAMS & IVERSEN, P.A., 1611 West County Road B, Suite 208, St. Paul, MN 55113, within twenty (20) days after the service of this Summons upon you, exclusive of the day ofsuch service. If you fail to serve your answer within the time and manner set forth above, judgment by default will be rendered against you, without further notice, for the relief demanded in the Complaint. Rule 114 of the General Rules of Practice for District Courts requires that the parties to this action participate in altemative dispute resolution. Alternative dispute resolution involves, without limitation, the following: adjudicative processes such as arbitration; evaluative processes such as early neutral evaluation; facilitative processes such as mediation; or such other form that the parties may agree upon. ‘The method for selecting a process and advising the Court is set forth in Rule 114 of the General Rules of Practice for District Courts, WILLIAMS & IVERSEN, P.A. DATED: f/pey. 13, 2009 SZ Almcfe. Paul W. Iversen 193707 1611 West County Road B, Suite 208 St. Paul, MN 55113 ATTORNEYS FOR PLAINTIFF 651-848-0280/Phone 651-848-0282/FaxSTATE OF MINNESOTA, DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT Court File AARON W. FOSTER, SR., v. Plaintiff, COMPLAINT (civiLy JURY TRIAL DEMANDED CITY OF ST. PAUL, Defendant. COMES NOW plaintiff, and for his cause of action, claims and alleges as follows: Plaintiff, Aaron W. Foster, Sr,, is a resident of the City of St, Paul, County of Ramsey, State of Minnesota. Plaintiff was an employee of defendant and employed within defendant's police department as a property clerk. Plaintiff was an employee as defined in the Minnesota Human Rights Act, Mina. Stat. §363A.03, subd.15, Defendant, City of St. Paul, is a municipal corporation established by a City Charter adopted pursuant to the Constitution and laws of the State of Minnesota, and is defined as a home rule charter city pursuant to Minn, Stat. §410.015. Defendant is an employer as defined in the Minnesota Human Rights Act, Minn. Stat, §363A.03, subd.16 FACTS Plaintiff worked for defendant in its police department for approximately 14 years In November of 2007, plaintiff was arrested and charged with a felony related fo a case that had been closed without charges being filed in 1981ML 12, 14, 15, 16, 18, 19. After his arrest, defendant suspended plaintiff without pay. In order to obtain funds to defend himself in the criminal action, plaintiff resigned his employment with defendant. White employees of defendant faced with criminal charges have been suspended with pay, pending trial Plaintiff was acquitted of the charges against him in June of 2008. Plaintiff sought reinstatement by defendant and submitted a request for placement on reinstatement register after resignation on October 1, 2008. While defendant claims to have placed plaintiff on the reinstatement register and notified plaintiff of this fact on November 3, 2008, plaintiff never received any notification that he had been placed on the reinstatement register. Defendant alleges that plaintiff's placement on the reinstatement register was only effective until November 13, 2008, Plaintiff was not, in fact, reinstated by defendant during the period he was on the reinstatement register. Defendant’s failure to reinstate plaintiff was because of his race. COUNT1 RACE DISCRIMINATION MINNESOTA HUMAN RIGHTS ACT Plaintiff hereby repeats and realleges each and every matter set forth in paragraphs 1-16 above, as if set forth fully herein. Plaintiff, an African-American, is a member of a protected class under the Minnesota Human Rights Act. Plaintiff has suffered adverse employment actions by defendant.20, 21 22. 23, 24, 25 Defendant's stated reason for its adverse employment actions against plaintiff were mere pretext for race discrimination. Asa direct and proximate result of defendant’s wrongful conduct toward plaintiff, plaintiff has suffered damages from loss of income that he has not yet been able to replace fully, despite diligent efforts to do so, mental anguish, attorneys fees and other damages recoverable under the Minnesota Human Rights Act, all in an amount to be determined at trial in excess of $50,000, COUNT 2 RACE DISCRIMINATIE 42 U.S.C. §1983 Plaintiff hereby repeats and realleges each and every matter set forth in paragraphs 1-16 above, as if set forth fully herein. ‘The actions of defendant deprived plaintiff of rights secured by the Constitution and laws of the United States, including the right to be considered innocent until proved guilty and the rights secured by 42 U.S.C. §1981 to have equal rights to make and enforce employment contracts. Defendant deprived plaintiff of these rights because of his race, in violation of 42 U.S.C, $1983. Asa direct and proximate result of defendant's wrongful conduct toward plaintiff, plaintiff has suffered damages from loss of income that he has not yet been able to replace fully, despite diligent efforts to do so, compensatory damages, attorneys fees, and other damages recoverable under 42 U.S.C. §1981a and §1983, all in an amount to be determined at trial in excess of $50,000.WHEREFORE, plaintiff prays for relief as follows: A. Damages for lost wages, compensatory damages, mental anguish damages, front pay, and other damages in a reasonable sum to be determined at trial in excess of $50,000; B. Costs, including reasonable attomeys fees incurred in pursuing this action; and C. For such other and further relief as the Court deems just and equitable in the premises, JURY TRIAL DEMANDED ACKNOWLEDGMENT ‘The undersigned hereby acknowledges that costs, disbursements, and reasonable attomey and witness fees may be awarded pursuant to Minn. Stat. § 549.211, Subdivision 2, to the party against whom the allegations in this pleading are asserted. WILLIAMS & IVERSEN, P.A. DATED: 12, 2eeg Paul W. Iversen 193707 1611 West County Road B, Suite 208 St. Paul, MN 55113 ATTORNEYS FOR PLAINTIFF 651-848-0280/Phone 651-848-0282/Fax