Case: 5:18-cv-00066-JRA Doc #: 1 Filed: 01/10/18 1 of 7.

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IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

CORTNEY MILONE, ) CASE NO.

3193 Nola Lane )
Akron, Ohio 44319 ) JUDGE
)
Plaintiff, )
)
-vs- )
)
PORTAGE COUNTY FAMILY AND )
COMMUNITY SERVICES, ) COMPLAINT
705 Oakwood Street, Ste. 221 )
Ravenna, Ohio 44266 )
)
-and- )
)
PORTAGE COUNTY SHERIFFS DEPT., )
8240 Infirmary Road )
Ravenna, Ohio 44266 )
)
-and- )
)
DENNIS MISSIMI, )
1296 Colleen Street )
Kent, Ohio 44240 )
)
Defendants. )

INTRODUCTION

1. Plaintiff brings this action to redress sexual harassment and other pendent state claims by the

Defendants Portage County Family and Community Services, Portage County Sheriff’s

Department and Dennis Missimi.

PARTIES

2. Plaintiff is a female resident of Summit County, Ohio and an employee pursuant to 42 U.S.C.

§2000e(f) and O.R.C. 4112.01, et seq.

3. Defendant Portage County Family Community Services, is an employer pursuant to 42

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U.S.C. §2000e(b) and O.R.C. 4112.01 et seq.

4. Defendant Portage County Sheriff’s Department is an employer pursuant to 42 U.S.C.

§2000e(b) and O.R.C. 4112.01 et seq.

5. Defendant, Dennis Missimi, is a former employee of the Portage County Sheriff’s office.

JURISDICTION AND VENUE

6. Federal jurisdiction is conferred on this Court by 28 U.S.C. §1331 and 42 U.S.C. §2000e-

5(f)(3). Pendant state claims, including 4112.99 are also included.

7. Venue is proper in the Northern District of Ohio, Eastern Division under 28 U.S.C. §1391(b)

as Defendants do business in Portage County, Ohio and the claims alleged arose in Portage

County, Ohio.

8. Plaintiff has fulfilled all administrative procedural requirements by filing an EEOC

Complaint in a timely fashion and have obtained a right to sue letter, attached hereto as

Exhibit A.

FACTUAL ALLEGATIONS

9. Plaintiff began employment with Defendant PORTAGE COUNTY FAMILY AND

COMMUNITY SERVICES on or about January 3, 2017, as a victim advocate.

10. Plaintiff’s office was in a shared space with Defendant PORTAGE COUNTY SHERIFF’S

office.

11. Beginning on or around February 29, 2017, then Major Dennis Missimi, an officer of

Defendant, PORTAGE COUNTY SHERIFFS’S DEPARTMENT, engaged in a continuous

pattern and practice of sexual assault, intimidation and harassment against Plaintiff.

12. All Defendants knew of the harassment but allowed it to continue.

13. The sexually harassing conduct occurred frequently, interfered with Plaintiff’s work, and

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were offensive. Examples of the misconduct included, but are not limited to comments about

her dress, her body, continuous sexual innuendo comments, suggestive comments about his

size and heritage, requests that Plaintiff take pictures of herself in the bathroom for him,

comments, following Plaintiff, attempts to stop Plaintiff’s vehicle, and requests for dates.

14. The harassment was frequent and intimidating and interfered with Plaintiff’s work.

15. Plaintiff complained of the sexual harassment and hostile work environment to her

supervisor at PORTAGE COUNTY FAMILY AND COMMUNITY SERVICES.

16. Defendant PORTAGE COUNTY FAMILY AND COMMUNITY SERVICES failed to act

or end the harassment, minimized the events, delayed addressing them, and allowed the

harassment to continue.

17. Defendant PORTAGE COUNTY FAMILY AND COMMUNITY SERVICES did not have,

or failed to follow, a policy prohibiting sexual harassment in the workplace.

18. On or around May 15, 2017, Plaintiff quit and terminated her employment after repeatedly

complaining of the sexual harassment.

COUNT I
(Sexual Harassment/Hostile Environment)

19. Plaintiff incorporates the foregoing paragraphs as if fully rewritten herein.

20. Plaintiff has been subjected to sexual harassment and a hostile work environment based on

sex, and sexual harassment in violation of Title VII, 42 U.S.C. § 2000e et seq. and O.R.C.

4112.01 et seq.

21. Plaintiffs experienced unwelcome sexual conduct by in the workplace, including, but not

limited to, sexual advances and implied or direct sexual comments on a frequent, ongoing

basis upon which employment benefits were conditioned and which created a sexually hostile

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work environment. This pervaded the work environment.

22. Plaintiff’s supervisor and employer failed to intervene, failed to improve the work

environment, and failed to stop this conduct from reoccurring.

23. The sexually hostile work environment was severe and pervasive.

24. The sexually hostile work environment interfered with Plaintiff’s work and with the terms,

conditions and privileges of Plaintiffs’ employment creating an intolerable and offensive

workplace and interfering with the terms and conditions of their workplace.

25. Plaintiff complained of the sexual harassment to her supervisor but the supervisor and her

employer failed to take action to end the harassment or improve the work environment for

Plaintiff, causing Plaintiff to quit and be constructively discharged.

26. Defendants do not follow or have a sufficient or effective sexual harassment policy.

27. Defendants acted with malice or reckless disregard of plaintiff’s rights and intentionally

violated Title VII, 42 U.S.C. § 2000e, et seq. And RC 4112.99.

28. As a direct and proximate result of Defendants’ discriminatory conduct, Plaintiff suffered

loss of wages and fringe benefits, loss of future earnings and benefits, physical and emotional

injury, loss of reputation, humiliation, embarrassment and loss of self-esteem, adverse

physical and emotional effects, and loss of time and money endeavoring to protect

themselves from Defendants’ unlawful discrimination, including costs and attorney’s fees.

COUNT III
(Constructive Discharge)

29. Plaintiff incorporates the foregoing paragraphs as if fully rewritten herein.

30. Defendants' actions made Plaintiff’s working conditions so intolerable that she felt

compelled to resign and did in fact resign.

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31. A reasonable person under Plaintiff’s circumstances would have felt compelled to resign.

32. As a direct and proximate result of Defendant’s actions, and inactions, Plaintiff has been

damaged.

33. Plaintiff suffered a loss of compensation and benefits, was sexually harassed, had physical

and emotional injury, loss of reputation, humiliation, embarrassment, loss of self esteem, and

lost time and money endeavoring to protect themselves from Defendants’ unlawful

discrimination, including costs and attorney’s fees.

34. There was a direct and proximate causal connection between Defendant’s negligence and

Plaintiff’s injuries.

35. Defendants acted intentionally, with malice or reckless disregard of Plaintiff’s rights.

COUNT III
(Negligent Retention and Hiring)

36. Plaintiff incorporates the foregoing paragraphs as if fully rewritten herein.

37. Upon reason and belief, Defendant PORTAGE COUNTY SHERIFF’S DEPARTMENT

hired, retained and employed Defendant, Dennis Missimi with knowledge, direct or imputed,

that he was abusive towards women, violent or had a propensity to engage in sexually

harassing behavior, yet retained his services and placed him in direct contact with Plaintiff

and other females.

38. As a direct and proximate result of Defendant’s negligence in hiring and retaining, Plaintiff

has been damaged.

39. Plaintiff suffered a loss of compensation and benefits, was sexually harassed, had physical

and emotional injury, loss of reputation, humiliation, embarrassment, loss of self esteem, and

lost time and money endeavoring to protect herself from Defendant, Portage County Sheriff’s

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Office, unlawful discrimination and retaliation, including costs and attorney’s fees.

40. There was a direct and proximate causal connection between Defendant Portage County

Sheriff’s office’s negligence and Plaintiff’s injuries.

41. Defendant Portage County Sheriff’s Office acted intentionally, with malice or reckless

disregard, of Plaintiff’s rights.

COUNT IV
(Assault)

42. Plaintiff incorporates the foregoing paragraphs as if fully rewritten herein.

43. Defendant DENNIS MISSIMI sexually harassed Plaintiff, caused her harm and to be in fear

of harm and physical contact.

44. Defendant MISSIMI’s actions, collectively or individually, constituted assault under Ohio

law.

45. As a direct and proximate result of the assault, Plaintiff has been damaged.

46. Plaintiff suffered a loss of compensation and benefits, had physical and emotional injury, loss

of reputation, humiliation, embarrassment, loss of self esteem, and lost time and money

endeavoring to protect themselves from Defendant Missimi’s unlawful discrimination,

including costs and attorney’s fees.

47. There was a direct and proximate causal connection between Defendant’s negligence and

Plaintiff’s injuries.

48. Defendant Missimi acted intentionally, with malice or reckless disregard of Plaintiff’s rights.

WHEREFORE, Plaintiff prays that this Court grant the following relief, jointly and

severally, against all Defendants:

A. Enter a judgment finding that Defendants violated federal and

Ohio law as set forth above and an Order requiring

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Defendants to submit to this Court’s monitoring of its

employment practices until such time that this Court is
satisfied that Defendants are in compliance with the
employment laws it intentionally violated;

B. Order that Defendants pay, jointly and severally to Plaintiff all

back wages and benefits due and owing as a result of
Defendant’s discriminatory acts, with pre and post judgment
interest as well as pay front pay or reinstatement to Plaintiff;

C. Award damages to Plaintiff for lost compensation and pay,

physical and emotional injury, loss of reputation, humiliation,
embarrassment and loss of self esteem and punitive damages
in the amount of $500,000, with pre and post judgment
interest on same;

D. Award Plaintiff costs and reasonable attorneys’ fees; and

E. Grant such other and further relief as may be just and

necessary.

Respectfully submitted,

s/ Andrew L. Margolius
ANDREW L. MARGOLIUS (0003402)
EMILY E. GILBERT (0080174)
MARGOLIUS, MARGOLIUS & ASSOC., LPA
55 Public Square, Suite 1100
Cleveland, Ohio 44113-1901
(216) 621-2034; (216) 621-1908 (fax)
E-mail: andrew@margoliuslaw.com

Attorney for Plaintiff

JURY TRIAL

Trial by jury is hereby demanded.

s/ Andrew L. Margolius
ANDREW L. MARGOLIUS

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