Case 1:20-cv-01667-DAD-HBK Document 1 Filed 11/23/20 Page 1 of 23

1 Clayeo C. Arnold, SBN 65070

JOSHUA H. WATSON, SBN 238058
2
CLAYEO C. ARNOLD, PC
3 865 Howe Avenue
Sacramento, CA 95825
4 Telephone: (916) 777-7777
Facsimile: (916) 924-1829
5 Email: [email protected]
6 Attorneys for Plaintiff Teresa Aguilar
7

8 U.S. DISTRICT COURT

9
EASTERN DISTRICT OF CALIFORNIA
10

11 TERESA AGUILAR, Case No.:

12 Plaintiff, COMPLAINT FOR DAMAGES
13 vs.
14 CITY OF CERES, JASON COLEY
15
Defendants. Jury Trial Demanded
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1
COMPLAINT
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1 Comes now Plaintiff TERESA AGUILAR, who alleges and complains as follows on
2 information and belief, and who prays for relief from the court.
3 PARTIES
4 1. Plaintiff TERESA AGUILAR (hereafter “PLAINTIFF”) is an adult individual residing in
5 Texas. PLAINTIFF was at all relevant times employed by Defendant CITY OF CERES
6 as a secretary in the code enforcement unit of the city’s police department. PLAINTIFF
7 is female.
8 2. Defendant CITY OF CERES is a city located in California in Stanislaus County.
9 3. Defendant JASON COLEY (hereafter “COLEY”) is an adult individual who worked as a
10 peace officer for CITY OF CERES, and was PLAINTIFF’S supervisor. COLEY is
11 neither a resident of California nor of Texas. COLEY held a supervisory role over
12 PLAINTIFF with the power and practice of directing PLAINTIFF’S terms and conditions
13 of employment, evaluating her performance, and affecting her retention and promotion
14 prospects. In all actions and omissions alleged herein, COLEY acted in the course and
15 scope of his employment with CITY OF CERES, in the capacity as PLAINTIFF’S
16 supervisor, in the color of his authority as a City actor, and in conformity with the
17 practices, policies, authority, and ratification of CITY OF CERES. COLEY was
18 empowered to take tangible employment actions against PLAINTIFF within the course
19 and scope of his employment by CITY OF CERES.
20 4. Based upon information and belief, Plaintiff alleges that at all times mentioned herein,
21 each and every Defendant was acting as an agent and/or employee or joint venture of
22 each of the other Defendants, and at all times mentioned was acting within the course and
23 scope of said agency and/or employment and/or joint venture with the full knowledge,
24 permission, and consent of each of the other Defendants. In of addition, each of the acts
25 and/or omissions of each Defendant alleged herein were made known to, and ratified by,
26 each of the other Defendants.
27 5. Defendants, and each of them, were engaged in a common enterprise for which all have
28 joint and several liability to the extent permitted or mandated by law.

2
COMPLAINT
 Case 1:20-cv-01667-DAD-HBK Document 1 Filed 11/23/20 Page 3 of 23

1 JURISDICTION AND VENUE

2 6. The acts and omissions giving rise to this litigation occurred in California.
3 7. Diversity: PLAINTIFF resides in Texas. COLEY does not reside in Texas. The CITY
4 OF CERES is located in Stanislaus County, California.
5 8. Federal Question: PLAINTIFF states a cause of action pursuant to 42 USC 1983.
6 9. Plaintiff has exhausted all applicable pre-litigation administrative remedies, including but
7 not limited to obtaining a right to sue letter for state law claims from the EEOC pursuant
8 to EEOC’s partnership with the California Dept. of Fair Employment and housing.
9 EEOC has referred PLAINTIFF’S Title VII claims submitted to EEOC to the U.S.
10 Department of Justice, which has yet to issue a right to sue letter. Plaintiff reserves the
11 right to amend this Complaint to include Title VII claims when the relevant right to sue
12 letter is issued.
13 10. Plaintiff submitted a Government Tort Claim to the CITY OF CERES concerning the
14 allegations herein. To date, CITY OF CERES has not provided any denial of that Tort
15 Claim, and more than 45 days but less than two years has elapsed since the claim was
16 submitted, such that PLAINTIFF may file this action pursuant to the California Tort
17 Claims Act.
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COMPLAINT
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1 GENERAL FACTUAL ALLEGATIONS

2 11. PLAINTIFF’S EEOC charge is provided concurrently as Exhibit 1, and is incorporated
3 by reference as though fully set forth here. This exhibit sets forwards central facts in this
4 matter, but is not intended as a full statement of all harassing behavior. The document
5 provides illustrative examples, not an exhaustive itemization.
6 12. PLAINTIFF’S California Tort Claim charge is provided concurrently as Exhibit 2, and is
7 incorporated by reference as though fully set forth here. This exhibit sets forwards
8 central facts in this matter, but is not intended as a full statement of all harassing
9 behavior. The document provides illustrative examples, not an exhaustive itemization.
10 FIRST COUNT
11 VIOLATION OF 42 U.S.C. 1983
12 BY PLAINTIFF AGAINST COLEY
13 13. All paragraphs in this Complaint are incorporated by reference as though fully set forth
14 here.
15 14. In acting as alleged herein, COLEY acted with intent to discriminate and retaliate against
16 PLAINTIFF for the protected activities and classes alleged herein, including sex. Such
17 intent was a motiving factor in defendant’s behavior as alleged herein.
18 15. Defendant COLEY acted intentionally so as to cause PLAINTIFF deprivation of her
19 rights, privileges, or immunities secured by the United States Constitution and laws
20 including but not limited to her rights under Title VII (protecting against employment
21 discrimination), equal protection rights under the Fifth and Fourteenth Amendments in
22 connection to equal protection for women, and freedom of speech under the First
23 Amendment in connection to PLAINTIFF’S right voice opposition to unlawful conduct
24 including but not limited to harassment and use of police powers to target or retaliate
25 against citizens who critiqued government and police. He was successful in so doing as
26 alleged herein.
27 16. When so acting, COLEY acted or purported to act in his official capacities for the CITY
28 OF CERES.

4
COMPLAINT
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1 17. As a direct and proximate result of the foregoing, Plaintiff suffered injury and attendant
2 damages, and is entitled to a recovery of all damages, costs, and fees sought in the prayer
3 for relief.
4 18. The conduct of COLEY was malicious and oppressive so as to give rise to a claim for
5 punitive damages.
6 a. COLEY intentionally or wantonly communicated to PLAINTIFF using plainly
7 offensive language and mannerisms that included, among other things: (1) asking
8 for a “massage with a happy ending” on or about PLAINTIFF’S first day of work
9 in front of others, including COLEY’S superiors, (2) repeatedly calling her a
10 “bitch” throughout PLAINTIFF’S period of employment in both private and in
11 public, including in front of COLEY’S superiors, (3) speculating about sexual
12 acts PLAINTIFF may engage in when telling PLAINTIFF that he knew she liked
13 “blow jobs” in front of others, including in front of PLAINTIFF’S co-workers, (4)
14 throwing objects and using a loud voice in anger concerning PLAINTIFF where
15 others could hear, (5) so-acting while knowing PLAINTIFF had taken her job
16 because she needed family health care benefits for a set period of time, and was
17 thereby limited in her employment mobility.
18 b. COLEY acted in an intentional or wanton manner in or about January of 2020 by
19 assaulting and battering PLAINTIFF in such fashion as to permanently injury her
20 shoulder. COLEY instructed members of his staff, including but not limited to
21 PLAINTIFF, to attend a work lunch with him, and to travel to the lunch using his
22 vehicle. PLAINTIFF complied. As she was in the process of getting into
23 COLEY’S vehicle, COLEY suddenly and intentionally moved the vehicle in a
24 way that caused injury to PLAINTIFF, including but not limited to a rotator cuff
25 tear that requires surgery. COLEY’S conduct was such that a reasonable person
26 would perceive to be a real, present, and apparent threat of bodily harm. Further,
27 COLEY did actually cause PLAINTIFF to be touched in a harmful and offensive
28 manner. COLEY intended to cause harm to PLAINTIFF, and his conduct was a

5
COMPLAINT
 Case 1:20-cv-01667-DAD-HBK Document 1 Filed 11/23/20 Page 6 of 23

1 substantial factor in causing PLAINTIFF’S injury and attendant damages. (Such

2 conduct by an employer is exempted from Workers’ Compensation exclusive
3 remedies rules in California. See, CACI 2801, Cal. Labor Code § 3602(b)(1).)
4 SECOND COUNT
5 VIOLATION OF CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT
6 (HOSTILE WORK ENVIRONMENT - INDIVIDUAL DEFENDANT – CACI 2522A)
7 BY PLAINTIFF AGAINST COLEY
8 19. All paragraphs in this Complaint are incorporated by reference as though fully set forth
9 here.
10 20. PLAINTIFF was at all relevant times an employee of CITY OF CERES, or, alternatively,
11 a person providing services under a contract to CITY OF CERES in which the city was a
12 joint employer of PLAINTIFF.
13 21. Throughout her employment with CITY OF CERES, PLAINTIFF was subjected to
14 harassing conduct because she was a woman.
15 22. A reasonable woman in PLAINTIFF’S circumstances would have considered the work
16 environment to be hostile, intimidating, offensive, oppressive, or abusive.
17 23. COLEY participated in, assisted, and encouraged the harassing conduct, and was the
18 principal actor harming PLAINTIFF.
19 24. As a direct and proximate result, PLAINTIFF suffered injury and attendant damages.
20 25. As alleged above in the 42 USC 1983 count, COLEY’S conduct was malicious and
21 oppressive so as to justify an award of punitive damages.
22

23 THIRD COUNT
24 VIOLATION OF CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT
25 (HOSTILE WORK ENVIRONMENT – EMPLOYER DEFENDANT – CACI 2521A)
26 BY PLAINTIFF AGAINST CITY OF CERES
27 26. All paragraphs in this Complaint are incorporated by reference as though fully set forth
28 here.

6
COMPLAINT
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1 27. COLEY was PLAINTIFF’S supervisor and engaged in the harassing conduct.
2 28. COLEY’S supervisors, including but not limited to Captain Crane and Chief Collins,
3 were subjectively aware of COLEY’S conduct and as his relevant professional and
4 personal history. Captain Crane, for example, was present when COLEY engaged in acts
5 of harassment of PLAINTIFF but did not take any corrective action, and instead
6 conspicuously pretended he had not heard the harassing conduct because he had
7 something in his ears (thereby making light of and ratifying the harassment). Chief
8 Collins was informed directly by PLAINTIFF of COLEY’S harassing behavior, but was
9 dismissive and failed to take appropriate corrective action. CITY OF CERES, through
10 such actions, ignored COLEY’S harassing conduct without taking any corrective action,
11 failed to hold COLEY accountable for his behavior when PLAINTIFF complained, and
12 disregarded complaints of COLEY’S conduct despite ample knowledge of COLEY’S
13 pattern of conduct with PLAINTIFF and other relevant employees.
14 29. As a direct and proximate result, PLAINTIFF suffered injury and attendant damages.
15 FOURTH COUNT
16 VIOLATION OF CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT
17 (FAILURE TO PREVENT HARASSMENT – CACI 2527)
18 BY PLAINTIFF AGAINST CITY OF CERES
19 30. All paragraphs in this Complaint are incorporated by reference as though fully set forth
20 here.
21 31. CITY OF CERES failed to take all reasonable steps to prevent the harassment alleged
22 herein.
23 32. As a direct and proximate result, PLAINTIFF suffered injury and attendant damages.
24 FIFTH COUNT
25 EMPLOYER’S WILLFUL PHYSICAL ASSAULT – CAL. LABOR CODE 3602(b)(1)
26 (CACI 2801)
27 BY PLAINTIFF AGAINST COLEY AND CITY OF CERES
28 33. All paragraphs in this Complaint are incorporated by reference as though fully set forth

7
COMPLAINT
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1 here.
2 34. COLEY engaged in physical conduct with PLAINTIFF that a reasonable person would
3 perceive to be a real, present, and apparent threat of bodily harm, and actually caused
4 PLAINTIFF to be touched in a harmful and offensive manner. Such conduct occurred in
5 the vehicle injury incident in January of 2020 alleged herein.
6 35. COLEY intended to cause harm to PLAINTIFF.
7 36. As a direct and proximate result, PLAINTIFF was injured and suffered attendant
8 damages.
9 37. COLEY’S conduct in the vehicle injury incident alleged herein was malicious and
10 oppressive so as to justify an award of punitive damages against COLEY.
11 PRAYER FOR RELIEF
12 WHEREFORE, Plaintiff prays judgment against Defendants, DOES 1 to 25, and each of
13 them, as hereinafter follows:
14 1. For economic damages according to proof;
15 2. For non-economic damages according to proof;
16 3. For punitive damages as to COLEY;
17 4. For attorney’s fees as permitted by statute;
18 5. For costs of suit;
19 6. For such other and further relief as the court deems proper.
20 For the purposes of due process and default judgment, and subject to increase or decrease
21 the demand according to proof, PLAINTIFF demands $4,000,000 in damages, as well as
22 attorney fees and costs.
23 Dated: November 23, 2020 CLAYEO C. ARNOLD, PC
24

25 By: /s/ Joshua H. Watson

Joshua H. Watson
26 Attorneys for Plaintiff Teresa Aguilar
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COMPLAINT
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1 DEMAND FOR JURY TRIAL

2 Plaintiff demands trial by jury.
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4 Dated: November 23, 2020 CLAYEO C. ARNOLD, PC

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6 By: /s/ Joshua H. Watson

Joshua H. Watson
7 Attorneys for Plaintiff Teresa Aguilar
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COMPLAINT
Case 1:20-cv-01667-DAD-HBK Document 1 Filed 11/23/20 Page 10 of 23

EXHIBIT 1: STATE LAW RIGHT TO SUE LETTER PROVIDED BY EEOC

AND EEOC CHARGE DOCUMENT.

(TITLE VII RIGHT TO SUE PENDING FROM US DOJ)

 Case 1:20-cv-01667-DAD-HBK Document 1 Filed 11/23/20 Page 11 of 23
STATE OF CALIFORNIA | Business, Consumer Services and Housing Agency GAVIN NEW SOM, GOVERNOR

DEPARTMENT OF FAIR EMPLOYMENT & HOUSING KEVIN KISH, DIRECTOR

2218 Kausen Drive, Suite 100 I Elk Grove I CA I 95758
(800) 884-1684 (Voice) I (800) 700-2320 (TTY) | California’s Relay Service at 711
http://www.dfeh.ca.gov I Email: [email protected]

EEOC Number: 556-2020-00864C

Case Name: Teresa Aguilar v. CITY OF CERES
Filing Date: Sep 11, 2020

NOTICE TO COMPLAINANT AND RESPONDENT

This is to advise you that the above-referenced complaint is being dual filed with the California
Department of Fair Employment and Housing (DFEH) by the U.S. Equal Employment
Opportunity Commission (EEOC). The complaint will be filed in accordance with California
Government Code section 12960. This notice constitutes service pursuant to Government Code
section 12962.

The EEOC is responsible for the processing of this complaint and the DFEH will not be
conducting an investigation into this matter. Please contact EEOC directly for any discussion of
the complaint or the investigation.

NOTICE TO COMPLAINANT OF RIGHT TO SUE

This letter is also your Right to Sue notice. This Right to Sue Notice allows you to file a
private lawsuit in State court. According to Government Code section 12965, subdivision (b),
you may bring a civil action under the provisions of the Fair Employment and Housing Act
against the person, employer, labor organization or employment agency named in the above-
referenced complaint. The lawsuit may be filed in a State of California Superior Court.
Government Code section 12965, subdivision (b), provides that such a civil action must be
brought within one year from the date of this notice. Pursuant to Government Code section
12965, subdivision (d)(1), this one-year period will be tolled during the pendency of the EEOC's
investigation of your complaint. You should consult an attorney to determine with accuracy the
date by which a civil action must be filed. This right to file a civil action may be waived in the
event a settlement agreement is signed.

Be advised, the DFEH does not retain case records beyond three years after a complaint is
filed.

DFEH-200-02 (01/2019)
DocuSign Envelope ID: 1F5D6669-791F-41F7-AC09-15ABC0205313

Case 1:20-cv-01667-DAD-HBK Document 1 Filed 11/23/20 Page 12 of 23

EEOC Form 5 (11/09)

CHARGE OF DISCRIMINATION Charge Presented To: Agency(ies) Charge No(s):

This form is affected by the Privacy Act of 1974. See enclosed Privacy Act FEPA
Statement and other information before completing this form.
X EEOC 556-2020-00864
California Department Of Fair Employment & Housing and EEOC
State or local Agency, if any

Name (indicate Mr., Ms., Mrs.) Home Phone (Incl. Area Code) Date of Birth

Ms. Teresa Aguilar

Street Address City, State and ZIP Code

Named is the Employer, Labor Organization, Employment Agency, Apprenticeship Committee, or State or Local Government Agency That I Believe
Discriminated Against Me or Others. (If more than two, list under PARTICULARS below.)
Name No. Employees, Members Phone No. (Include Area Code)

CITY OF CERES 101 - 200

Street Address City, State and ZIP Code

2727 Third Street, Ceres, CA 95307

DISCRIMINATION BASED ON (Check appropriate box(es).) DATE(S) DISCRIMINATION TOOK PLACE

Earliest Latest
RACE COLOR X SEX RELIGION NATIONAL ORIGIN 08-13-2018 05-01-2020
X RETALIATION AGE DISABILITY GENETIC INFORMATION

OTHER (Specify) CONTINUING ACTION

THE PARTICULARS ARE (If additional paper is needed, attach extra sheet(s)):
I began working for the above-named Respondent as a contractor from a Staffing Agency on or
around August 13, 2018. I was offered permanent employment on or around November 2018. I was an
employee of Respondent until May 1, 2020. Prior to my separation, my job classification was Code
Enforcement Secretary.

From November 2018 until May 1, 2020, I was subjected to a hostile working environment by my
former immediate supervisor, Sargent Jason Coley, because of my sex, female. The hostile work
environment was a daily occurrence. Some examples of the hostile work environment that Sgt. Coley
subjected me to included, but was not limited to: cussing at me, calling me a "bitch," "crazy bitch"
and "fucking bitch", throwing things at me, yelling at me and berating me in front of other employees.
Many employees have witnessed and/or overheard Sgt. Coley on numerous occasions yelling at me,
calling me names, or losing his composure while I am in his office. On occasions, Sgt. Coley has
caused me physical harm. For example, on one occasion in August 2019, at a work-related barbeque,
Sgt. Coley kicked the seat that I was sitting on; on another occasion in January 2020, Sgt. Coley
intentionally hurt my shoulder when I attempted to get in his truck, with other employees present, for
lunch. I am aware that Sgt. Coley did not subject his male subordinates to such treatment, like I was
subjected to.

Sgt. Coley also subjected me to a sexually-tainted work environment from November 2018 until May
I want this charge filed with both the EEOC and the State or local Agency, if any. I NOTARY – When necessary for State and Local Agency Requirements
will advise the agencies if I change my address or phone number and I will
cooperate fully with them in the processing of my charge in accordance with their
procedures. I swear or affirm that I have read the above charge and that it is true to
I declare under penalty of perjury that the above is true and correct. the best of my knowledge, information and belief.
SIGNATURE OF COMPLAINANT

SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE

X 9/11/2020 X (month, day, year)

Date Charging Party Signature

DocuSign Envelope ID: 1F5D6669-791F-41F7-AC09-15ABC0205313

Case 1:20-cv-01667-DAD-HBK Document 1 Filed 11/23/20 Page 13 of 23

EEOC Form 5 (11/09)

CHARGE OF DISCRIMINATION Charge Presented To: Agency(ies) Charge No(s):

This form is affected by the Privacy Act of 1974. See enclosed Privacy Act FEPA
Statement and other information before completing this form.
X EEOC 556-2020-00864
California Department Of Fair Employment & Housing and EEOC
State or local Agency, if any

1, 2020, by making several unwelcomed, sexually explicit comments that were severe and pervasive
enough to create an intolerable working environment. examples include, but are not limited to:
1. When I asked Sgt. Coley if there was any work responsibilities that he preferred that I
prioritized before I started my day, Sgt. Coley responded, "I need a massage with a happy
ending".
2. After I slipped, Sgt. Coley inquired if I "hurt my pussy."
3. After some issues with the Chiefs' girlfriend, Sgt. Coley commented to me, "you better not
turn into a conniving cunt."
4. Sgt. Coley inquired if Roger Alvarez (male) formerly an Officer, and currently Code
Enforcement Supervisor, was "jacking off".
5. Sgt. Coley stated randomly, "What? I heard you like to eat cum."
Each time I was subjected to these unwelcomed comments, I objected, but the comments did not
cease. In several of the provided examples, there were witnesses who heard the things he said to me
but nothing substanital was done to correct or prevent furture harassment.

Right before my first annual performance evaluation, on or around November 2019, I complained
directly to Sgt. Coley about his illegal treatment towards me. In retaliation for my complaint, Sgt.
Coley issued me a negative performance evaluation, even though I had no previous documented
complaints or issues. When I refused to sign the evaluation, Sgt. Coley intimidated me and in
essence, told me that I had no where to complain to. I believe that Respondent did not want me to
complain or say anything about the harassment I was constantly subjected to, because I have been
told to "let it go."

On or around January 16, 2020, I complained to Aaron Slater (male), former Director of Human
Resources. Mr. Slater informed me that Respondent will hire a third party to investigate the matter.
After my complaint, I was immediately retaliated against and singled out. For example, I was
ostracized; when I arrived to a space where there were several employees, those employees would
leave. If I walked by, someone will say out loud, "what a great guy Jason is!" Respondent did not take
action to ensure that I felt safe and to protect me from retaliation; Sgt. Coley moved offices but was
still on the same floor that my office was located on and Sgt. Coley still had full access to my office.
After complaining that I did not feel safe and requested that my office locks are changed, I was then
informed that Sgt. Coley was on administrative leave pending an investigation. I voluntarily resigned
on May 1, 2020. Respondent did not conclude its investigation until June or July 2020, substantiating
my allegations.

I believe that I was subjected to discrimination because of my sex, female, in violation of Title VII of
the Civil Rights Act of 1964, as amended. I also believe that I was retaliated against for engaging in
protected activity, in violation of Title VII of the Civil Rights Act of 1964, as amended.

I want this charge filed with both the EEOC and the State or local Agency, if any. I NOTARY – When necessary for State and Local Agency Requirements
will advise the agencies if I change my address or phone number and I will
cooperate fully with them in the processing of my charge in accordance with their
procedures. I swear or affirm that I have read the above charge and that it is true to
I declare under penalty of perjury that the above is true and correct. the best of my knowledge, information and belief.
SIGNATURE OF COMPLAINANT

9/11/2020 SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE

X X (month, day, year)

Date Charging Party Signature

 Case 1:20-cv-01667-DAD-HBK Document 1 Filed 11/23/20 Page 14 of 23
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Jose Local Office
96 North 3rd Street, Suite 250
San Jose, CA 95112
San Jose Direct Dial: (408) 291-7282
TTY (408) 291-7374
FAX (408) 291-4539
Website: www.eeoc.gov
E-Mail: [email protected]

Teresa Aguilar

Re: Teresa Aguilar v. City of Ceres

EEOC No: 556-2020-00864

Dear Ms. Aguilar:

The Equal Employment Opportunity Commission has received your request for a Notice
of Right to Sue in the above referenced charge.

Your request has been forwarded to the U.S. Department of Justice (DOJ) for action.
That Agency will act on your request and issue the Notice directly to you.

If you have any questions, please contact us at [email protected].

On behalf of the Commission:

10/05/2020
_______________ ___________________________________________
Date Rosa M. Salazar
Director

Cc: Aaron Slater Joshua H. Watson, ESQ,

Human Resources Director Arnold Law Firm
City of Ceres 865 Howe Avenue
2220 Magnolia Street Sacramento, CA 95825
Ceres, CA 95307
Case 1:20-cv-01667-DAD-HBK Document 1 Filed 11/23/20 Page 15 of 23

EXHIBIT 2: GOVERNMENT TORT CLAIM AND DELIVERY CONFIRMATION

 Case 1:20-cv-01667-DAD-HBK Document 1 Filed 11/23/20 Page 16 of 23

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April 15, 2020

Via US Ceftified Mail, Return Receiot Reouestd

Attn : Diane Nayares-Perez
City Clerk of the City of Ceres
2220 Magnolia Street
Ceres, CA 95307

Couftesv Coov Via Email:

diane. naya [email protected]. us
[email protected]. us

Dear City Clerk for the City of Ceres:

Attached, please find a Toft Claim presented for my client, Teresa Aguilar.

An extra copy is provided in the U.S. Mail version of this document, along with a
postage paid return envelope. I would appreciate if you would confirm reciept via a
conformed/received copy or by other means.

Very truly yours,

rlflts-
:osnlra H. Watson
Attolney at Law
 Case 1:20-cv-01667-DAD-HBK Document 1 Filed 11/23/20 Page 17 of 23
Central San .Ioaquin Valley Risk Management Authority
City of Ceres

CLAIM FORM
FORM B
(Please Type 0r Print)

CLAIM AGAINST c of Ceres

Teresa uilar

Telephone

ssm, DoBii.;',,1*'l.9,l, Gender: M*e.,****,- remale, .,L

claimantsaddrcss:

Address where norices abour claim ars ro be senr, if different from above: . AIIIi .:199!:tYq ll ,W3.199!
Arnold Law Firm, 865 Howe Ave, Sacramento, CA 95825

Date of incidenuuoid"nri ,,.-1,,,1./j,l2qJ 9

Date injurics, darnages, or losses were discovered:

111112019, and an on ongoi ng daily basis with each occurrence

City of Ceres employee locations where Claimant was employed, including

Location orincidenr/acctarnt,
,,
What did artity or employee do to cause this loss, damage, or injury?
Please see attachment, item 1.

What are the (rames of the entity's employces who caused this injury, damagg or loss (if knowtr)?,- ,,,u,,,,,,,, .;,,, . - ..

Please see attachment, item 2.

What specific iqiuries. damagcs, or losses did claimant receive?

What amount of money is claimant sceking or, if the amount is in cxccss of $10,000, which is the appropriatc court of
jurisdiction. Note: If Supcrior and Municipal Courts are consolidatcd, you must reprcsent whcthcr it is a "limited civil case" [see
Government Code 910(01

filed unl
How was this amount calcu latcd (please itcmize)?
* Not Req'd. However, please
see a item 4.
(Use back of 0ris form or separatc sheet to answer this question in dctail.)

Datesigncd; 3113:l??,, .,
lf signed by representative:

Rcprescntative's Name
Joshua H. Watson Address Arnold Law Firm, 865 Howe Ave
l

Relationship to Claimant
*ltems marked
as "Not Req'd" are not required by Gov. Code 910. Please note that Claimant is an
employee ol the City of Ceres, and her SSN and DOB should be in her personnel file.
 Case 1:20-cv-01667-DAD-HBK Document 1 Filed 11/23/20 Page 18 of 23

Attachment to Claim Form

Claimant: Teresa Aguilar

Item 1: What did entity or employee do to cause this loss, damage, or injury?

Claimant, a female, was at all material times an employee of thc City of Ceres. Claimant worked
within Code Enforcement, affiliated with or part of the Police Department, and at times affiliated
with or part of the Fire Department. Claimant was a probationary employee, but passed
probation and became a fulIemployee in November of 2019. Claimant worked as a Code
Enforcement Secretary and/or similar position. Jason Cooley, a male, was her supervisor who
directed her work, managed her as an employee, and effectively controlled material aspects of
the terms and conditions of her employment.

Jason Cooley repeatedly used offensive language when communicating to Claimant and others in
the workplace, and his behavior in this regard was well known among employees, including
supervisors of Jason Cooley. Mr. Cooley referred to Claimant as a "bitch," a"crazyrbitch" and
told claimant in front of others words to the effect that he knew she liked to "eat cum." Mr.
Cooley asked Claimant in front of others, including his supervisors, to give him a massage "with
a happy ending." Mr. Cooley stated to his own superior in front of Claimant, and referring to
Claimant, "You see how this bitch talks to me?" At a barbeque that was an employment-related
event, Mr. Cooley engaged in such conduct in front of staff and supervisors, who took no
corrective action but instead joked about how on day Mr. Cooley would prompt a lawsuit.
Similar conduct was a regular occurrence and ongoing throughout Claimant's employment. The
forcgoing examplcs are only a portion of such conduct, and do not include some even more
offensive language used by Mr. Cooley that was hateful and diminishing to women, including
Claimant. Mr. Cooley also used hateful and diminishing language concerning other protected
classes, including with respect to sexual orientation. He did so in Claimant's presence, and
Claimant was reasonably offended. Claimant expressly objected to such treatment, both to Mr.
Coolcy and to others in a supervisory capacity, including supervisors of Mr. Cooley. Such
supervisors minimized the conduct by saying things akin to, "That's Jason."

On or about November 14, 2019, Jason Cooley told Claimant and other employees that he
wanted them to assist him in specially investigating two members of the public who had
complained about Code Enforcement and/or Mr. Cooley. These residents were vocal at public
city meetings. Mr. Cooley stated words to the effect that, "They are going to be our project."
Claimant refused to comply, understanding Mr. Cooley to be ordering an improper retaliatory
investigation of citizens because they exercised their civic rights. Mr. Cooley responded with
words to the effect of "Are you fucking kidding me?" and "Fuck it. I'll do it myself." He then
went into his office and made a commotion throwing things around his office. Shortly thereafter,
Mr. Cooley gave Claimant a negative personnel review, and did so in an aggressive and
intimidating way. The negative personnel review was in retaliation for Claimant complaining
about being harassed on the basis of her sex/gender, and also in retaliation for Claimant refusing
to comply with the unlawful instruction to target citizens in violation of their rights, and Mr.
Cooley's concern that Claimant did and would notify superiors above Mr. Cooley of such
unlawful targeting and ongoing harassment. Such harassment of citizens could, among other

I
 Case 1:20-cv-01667-DAD-HBK Document 1 Filed 11/23/20 Page 19 of 23

things, constitute an abuse of power violating 42 USC $ 1983, and 34 U.S. Code $ 12601, and
would generally be an inappropriate, unprofessional, and sanctionable response by law
enforcement to citizens exercising their rights of free speech and petition.

Mr. Cooley also retaliated against Claimant on account of her complaints by interfering in her
ability to take leave/vacation, and by imposing last moment work requirements that jeopardized
her ability to take already approved leave/vacation.

Throughout the course of conduct above, Mr. Cooley's conduct was verbally aggressive, and he
engaged in conduct that implied the threat of violence which reasonably caused fear and worry to
Claimant. Claimant asked for protection from him, including a locking door. On or about
January 15,2020, Mr. Cooley's conduct escalated to actual physical injury to Claimant,
following her complaints about his conduct. On that date, Mr. Cooley insisted that his
subordinates accompany him lunch. At times he pushed his staff to go to lunch with him, and
would become angry and sullen if they resisted or declined. At times he would engage in highly
improper conduct on such lunch trips, such as yelling at members of the public using the City
vehicle's speaker system. On the above date, Mr. Cooley was angry that Claimant had resisted
his improper conduct, and insisted on a group lunch. Mr. Cooley drove the vehicle to be used to
go to lunch, and was seated in the vehicle driver's seat with the car running when Claimant
approached. When Claimant grasped the door handle to enter the vehicle, Mr. Cooley suddenly
moved the vehicle, causing injury to Claimant's body.

Claimant complained about the foregoing to the City of Ceres.

On or about January 29,2020, Claimant was interviewed by a human resources investigator for
City of Ceres. The interview lasted about two hours. It was recorded by both the investigator for
the City, and by counsel for Claimant, who was present. The contents of that interview are
incorporated by reference here. The City should obtain and review the recording of the interview
itsell in addition to any report written on it, and should also obtain and review any recordings of
other interviews conducted by the investigator. On request, counsel for Claimant will promptly
provide a recording and/or transcript of the interview.

The foregoing conduct caused harm to Claimant, including emotional distress. Claimant was
justifiability offended, shocked, worried, scared for her safety, and also suffered physical injury
and attendant damages. The conduct by Mr. Cooley was ouffageous, and was permitted, ratified,
and endorsed by his superiors and thereby by the City itself.

The foregoing conduct gives rise to the City of Ceres in multiple ways. The City should
investigate all potential claims and legal theories under which it may be liable for the acts
referenced above, and should be aware that Claimant may file any and all appropriate legal
claims. The language of this claim should be construed in the broadest possible terms, and the
City should undertake the most comprehensive investigation in response.

2
 Case 1:20-cv-01667-DAD-HBK Document 1 Filed 11/23/20 Page 20 of 23

Applicable legal theories of liability include but are not limited to:
(1) Violation of Title VII of the Civil Rights Act of 1964 with respect to harassment and
retaliation. Harassment includes harassment of Claimant based on her sex/gender, hostile
workplace environment for conduct directed at Claimant and for conduct directed at
others related to the above comments and similar comments made to Claimant's co-
workers. Retaliation includes discipline, threatened discipline, uncivil conduct,
interfering with leave, changes in the terms and conditions of employment, and physical
injury. The City also failed to prevent harassment despite ongoing and prior notice,
including but not limited to complaints by other city employees.
(2) Violation of California Fair Employment and Housing Act with respect to harassment
and retaliation. Harassment includes harassment of Claimant based on her sex/gender,
hostile workplace environment for conduct directed at Claimant and for conduct directed
at others related to the above comments and similar comments made to Claimant's co-
workers. Retaliation includes discipline, threatened discipline, uncivil conduct, and
physical injury. The City also failed to prevent harassment despite ongoing and prior
notice, including but not limited to complaints by other city employees.
(3) Violation of Labor Code $ 1102.5 with respect to retaliation against an employee for
actual or fear of potential reporting of wrongdoing to a person in a position of authority,
and with respect to resisting unlawfuVimproper activity. This refers both to resisting
discrimination/harassment, and to improper targeting of citizens in violation of their civic
rights.
(4) Assault and Battery. See, e.g., Lab. Code, $ 3602(bX1), CaI. Civil Jury Instruction No.
2801.
(5) Intentional Infliction of Emotional Distress. See l-ight v. Dep't of Partrs & Recreation
(2017) 14 Cal. App. 5th 75, 101 ["claims of intentional infliction of emotional distress
based on ... discrimination and retaliation are not subject to workers'compensation
exclusivity."]
(6) Negligent supervision and retention, including as applied within Title VII and FEHA
contexts. Supervisors knew of and/or should have known of Mr. Cooley's misconduct,
regarding Claimant, regarding her co-workers, and regarding past incidents. They failed
to take appropriate action.
(7) Punitive damages against Mr. Cooley.
(8) Punitive damages for ratification and related theories as to Mr. Cooley's superiors.

Item 2: What are the names of the entity's employees who caused this injury, damage, or
loss?

Jason Cooley

Toby Wells, City Manager

Police Chief Richard Collins

Captain Patrick Crane

3
Case 1:20-cv-01667-DAD-HBK Document 1 Filed 11/23/20 Page 21 of 23

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JS 44 (Rev. 0 ) CIVIL COVER SHEET
Case 1:20-cv-01667-DAD-HBK Document 1-1 Filed 11/23/20 Page 1 of 1
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

Teresa Aguilar City of Ceres, Jason Coley

(b) County of Residence of First Listed Plaintiff Texas County of Residence of First Listed Defendant Stanislaus
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

Joshua H. Watson #238058, CLAYEO C ARNOLD PC, 865 Howe Ave,

Sacramento, CA 95825. 916-777-7777.

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards 861 HIA (1395ff) 485 Telephone Consumer
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 862 Black Lung (923) Protection Act
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management 863 DIWC/DIWW (405(g)) 490 Cable/Sat TV
195 Contract Product Liability 360 Other Personal Property Damage Relations 864 SSID Title XVI 850 Securities/Commodities/
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 865 RSI (405(g)) Exchange
362 Personal Injury - Product Liability 751 Family and Medical 890 Other Statutory Actions
Medical Malpractice Leave Act 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation FEDERAL TAX SUITS 893 Environmental Matters
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 870 Taxes (U.S. Plaintiff 895 Freedom of Information
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act or Defendant) Act
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS—Third Party 896 Arbitration
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 899 Administrative Procedure
245 Tort Product Liability Accommodations 530 General Act/Review or Appeal of
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION Agency Decision
Employment Other: 462 Naturalization Application 950 Constitutionality of
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration State Statutes
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
42 USC 1983
VI. CAUSE OF ACTION Brief description of cause:
Employee of municipal police department subjected to battery and sexual harassment by supervisor peace officer.
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. 4,000,000.00 JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
11/23/2020 /s/ Joshua H. Watson
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE