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CARMELITA TERRY,
20I7LQI1421
Plaintiff, CALENOhR/ROOH n
Case No. line. -_-- u - U u
v. Statutory Actios
VERIFIED COMPLAINT ro
co
Plaintiff Carmelita Terry ("Terry"), by her counsel, Hughes Socol Piers Resnick & Dym,
Ltd., complains against Defendants City of Berwyn ("City") and Joseph Drury ("Drury")
1. Plaintiff seeks redress and damages from Defendants for injuries she sustained as a
result of sexual harassment committed by Drury, in violation of the Illinois Human Rights Act
Notices of Substantial Evidence against the City and Drury for the sexual harassment complained
3. Through her counsel, Plaintiff received the IDHR's Notice of Substantial Evidence
against Drury on September 11, 2017, and Plaintiff received the IDHR's Notice of Substantial
Evidence againstthe City on September 12,2017. Plaintiffs claims for sexual harassment against
Defendants are timely filed within 90 days of her receipt of each Notice of Substantial Evidence.
pertinent to this Complaint, the City of Berwyn employed Terry as a detective with the Berwyn
pertinent to this Complaint, the City wasthe employer ofTerry andDrury within the meaning of
employed by the City ofBerwyn asthe Deputy ChiefofPolice forthe Berwyn Police Department
(the"DeputyChief). Drury was acting within the scope of his employment as the Deputy Chief
at all times pertinent to this Complaint. Drury was also one of Terry's supervisors at all times
7. This Court has personal jurisdiction over Defendants pursuant to 735 ILCS 5/2-
209, because they performed the acts complained of herein against Plaintiff in Illinois.
8. Venue is proper in this Court pursuant to 735 ILCS 5/2-101, because all or a
substantial part of the events giving rise to this cause of action occurred within Cook County,
Illinois.
FACTS
9. Beginning in the fall of 2014 and continuing through at least October of 2015,
Drury repeatedly commented on Terry's physical appearance and made sexually-charged and
offensivecomments to her, including, for instance, comments to the effect that he wantedto "get
[her] inbed," and thathe thought that he could sexually "please" her. During the same time frame,
Drury also repeatedly asked Terry personal and sexually-charged questions, including, for
instance, questions about who slept in her bed with her and questions to the effect of "are you
cheatingon me?"
10. Drury directed these and other sexually-charged comments and questions to Terry
12. On September 23,2015, Drurycalled Terry into his office and further escalated his
sexuallyharassing and offensive behaviortowards Terry. Duringthis encounter, and among other
things, Drury toldTerry"I'm going to rape you," and "I can showyou a goodtime" orusedsimilar
abouthis own sex life, and made lewd gestures towards his genitals while remarking about how
he could"satisfy" Terry.
13. After making those offensive, sexually-charged comments, Drury asked Terry to
give himaride somewhere later that afternoon. She responded that shecould not, because she had
to be somewhere afterwork and proceeded to leave Drury's office, at which pointhe yelled out
wordsto the effect of, "I'm not done with you yet, don't leave."
14. Later on or about September 23,2015, Drury came to the office where Terry was
working. Drury ordered Detective Robert Monoco ("Monoco"), whowasthe onlyother person in
overand hoveredover Terry, who was seated atherdesk, and got within inches ofTerry, causing
Terry to fear forher physical safety. At that point, Drury bent down and whispered in her ear, "I'm
between the fall of 2014 and September 23,2015, created an intimidating, hostile andoffensive
16. On September 24, 2015, out of concern for her safety, Terry asked Unit
Commander Sandro Scardamaglia("Scardamaglia") not assign her to drive Drury anywhere, and
17. On October 8,2015, Drury ordered Terry to run a report in the Law Enforcement
Agency Date System ("LEADS") ona person whowasthealleged victim in anincident report and
had filed a police report Drury wanted to provide the alleged victim's LEADS and Criminal
History report to the victim's alleged perpetrator (against whom the victim had filed the police
report).
18. Terry believed that thetask Drury ordered Terry to complete wasunlawful because,
among other reasons, atthe time of Drury's request, there was no active investigation against the
alleged victim. In addition, she thought it was inappropriate to provide a LEADS report to the
alleged perpetrator. As aresult, she refused to carry out Drury's order.
19. That same day, Terry attempted to discuss her reasoning with Drury. However,
Drury responded by screaming at Terry and making comments to the effect of: "Can't you do a
fucking thing I ask?" and "If you're afraid ofthe fucking federal law then you don't need to work
atthe police department and youneed to find yourselfanother job."
20. Later on October 8, 2015, Terry reported to her direct supervisor, then-Unit
Commander Frank Cimaglia, what Drury had ordered her to do and why she did not run the
LEADS report
21. Drury's unlawful orderand hostilebehaviortoward Terry on October 8,2015 were
distressing and upsetting to Terry. She perceived Drury's order and subsequent comments as an
effortto set her up for reprimand or termination in retaliation for rejecting his sexual advances.
22. After the incident on October 8, 2015, Terry was in fear of being demoted or
Manfredini ("Manfredini") about Drury's sexually harassing conduct toward her since the fall of
2014 and how his conduct had culminated in the prior days' events, with Drury ordering her to
the status of its internal investigation into Terry's complaint of sexual harassment, Terry filed
26. In November 2016, Drury acknowledged his inappropriate conduct toward Terry
during a phonecallbetween Terry, Drury, and others in which Drurystatedwords to the effect of,
"I'm aman. God made me the way I am. I would like to apologizeto Carm[elita] formy behavior."
COUNT I
Sexual Harassment, in Violation of the IHRA, 775 ILCS 5/2-102(D)
(Against City and Drurv*
29. Since the fall of 2014 and at least through October 2015, the City and Drury
subjected Terry to continuous and frequent acts of unwanted and intimidating sexual harassment
in the form of sexual advances, sexually-charged comments, and physical conduct of a sexual
nature, thereby knowingly creating a hostile andabusive workplace for Terry, in violation of the
IHRA.
the effect ofunreasonably interfering with Terry's work performance andcreating an intimidating,
32. At all relevant times, Drury was an employee and/or agent of the City and was
acting within the course and scopeof his employment andsupervisory authority overTerry.
33. The IHRA imposes strict respondeat superior liability on the City for Drury's
34. As a direct and proximate result of Defendants' violations ofthe IHRA as set forth
WHEREFORE, Plaintiff, Carmelite Terry, respectfully requests that this Court provide the
compensatory damages;
b. Award Plaintiffall costs oflitigation, including her reasonable attorneys' fees and
expenses;
c. Award Plaintiffpre-judgmentinterest;
JURY DEMAND
Jose* J. Behar
Juliet Berger-White
Kate E. Schwartz
Hughes Socol Piers Resnick & Dym, Ltd.
70 W. Madison Street, Suite 4000
Chicago, Illinois 60602
312-580-0100
AttorneyNo. 45667
CERTIFICATION OF C ABMBUTA TEERY
Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil
Procedure, theundersignedcertifies thatthe statemerto set forth mparagraphs 9throng 26 ofthis
instrument aretrue and correct
CmmeBtaTerty r\