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2 13 4 15 |] STOREY COUNTY, a political subdivision 16 | and ROE ENTITIES VI-X, inclusive, 7 Defendants. 18 19 20 2 2 24 25 26 28 FILED GUS W. FLANGAS, ESQ. JUL 18 2017 Nevada Bar No, 004989 peeeetee ail: gwi@iidlawlv.com _ : FERgICR K- PETERSON, ESQ. y — Nevada Bar No. 10670 — Email: jkp@idlawty com FLANGAS DALACAS LAW GROUP 3275 South Jones Boulevard, Suite 105 Las Vegas, Nevada 89146 Telephone: (702) 307-9500 Facsimile: (702) 382-9452 Attorneys for Plaintiff FIRST JUDICIAL DISTRICT, COURT Le OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF STOREY, NEVADA PLANIE KEENER, an individual, - MELANIE KEENER, an individual cow Nos TRTOCOO t TE Plaintiff, Dept No.: ) ) ) ) ys. } GERALD R. ANTINORO, an individual; } of the State of Nevada; DOES 1-V, inclusive; } ) ) ) Sd) COMPLAINT COMES NOW the Plaintiff, MELANIE KEENER, by and through her attorneys, GUS W. FLANGAS, ESQ. and JESSICA K. PETERSON, ESQ., of the FLANGAS DALACAS LAW GROUP, and for her causes of action against the Defendants, alleges as follows FIRST CLAIM FOR RELIEF (Intentional Infliction of Emotion Distress against all Defendants) 1, Atall times material hereto, the Plaintiff, MELANIE KEENER (hereinafter referred to as "Ms. Keener" or the “Plaintif?”), was and is a resident of Churchill County, State of Nevada. 2. At alll times material hereto, the Defendant, GERALD R. ANTINORO (hereinafter referred to as “Mr. Antinoro”), was and is a resident of Storey County, Nevada. 3. Atall times material hereto, the Defendant, STOREY COUNTY (hereinafter referred eee oe eo i 12 13 4 15 16 7 18 19 20 21 22 23 4 25 26 27 28 to as “Storey County”), is a political subdivision of the State of Nevada, 4. The true names and capacities of the Defendants named herein as DOES I-X, inclusive, and ROE ENTITIES VX, inclusive, whether individual, corporate, associate or otherwise, are presently unknown to the Plaintiff who therefore sues the said Defendants by such fictitious names; and when the true names and capacities of such DOES I through X, inclusive, and ROE ENTITIES VI-X, inclusive, are discovered, the Plaintiff will ask leave to amend this Complaint to substitute the ‘true names of the said Defendants. ‘The Plaintiff is informed, believes and therefore alleges that the Defendants so designated herein are responsible in some manner for the events and occurrences contained in this action, 5, Atall times material hereto, Mr. Antinoro was and is the elected Sheriff of Storey County, Nevada. 6. As the Sheriff of Storey County, Mr. Antinoro is the head of the Sheriff's Office for Storey County (hereinafter the “Sheriff's Office”). The Sheriff's Office is a department of Storey County. 7. As the Sheriff of Storey County, Mr. Antinoro was the supervisor of Ms. Keener, and is responsible for making employment and management decisions for the Sheriff’ Office. 8. Atall times material hereto, Ms. Keener was the Chief Deputy for the Sheriff's Office. As the Chief Deputy, Ms. Keener was second in command to Mr. Antinoro. 9. On or about the end of July in 2015, as part of her duties with the Sheriff's Office, Ms. Keener accompanied Mr. Antinoro to the Nevada Sheriffs’ and Chiefs’ Association Convention (hereinafter the “Convention”), which was being held in Ely, Nevada, 10. During the evening of the last night of the Convention, Ms. Keener was in the casino area of the hotel where she and Mr. Antinoro were staying, playing virtual blackjack with Mr. Antinoro, and socializing with other Convention attendees. 11, At around midnight that evening, Ms. Keener and Mr. Antinoro left the casino area to head for their respective rooms which were across the hall from one another. During their walk to their respective rooms, Ms. Keener mentioned to Mr. Antinoro that over the past two days she had lost some money gambling, blowing some $80, ee aa 10 ul 12 1B 14 15 16 7 19 20 2 22 23 24 25 26 27 28 12, Ms, Keener subsequently said goodnight to Mr. Antinoro and went to her room, to go to sleep. 13, After going into her room, Mr. Antinoro began to make inappropriate and unwelcome advanees towards Ms. Keener via text messaging. 14. After getting ready for bed, Ms. Keener received an unsolicited and inappropriate text message containing sexual innuendo from Mr, Antinoro, which said: “About that blowing thing.” In addition, he attached an emoticon with a smiling face or something similar to the text message 15. Ms. Keener in trying to diffuse things, responded in a text message saying that she had actually blown about 100 bucks altogether, to which Mr. Antis ro responded shortly thereafter with ‘more sexual innuendo stating in a text messages such things as “I always knew you could 100" and “I'm bored stiff over here,” along with another smiling face emoticon or something similar. 16. Ina further effort to diffuse things, Ms. Keener then texted Mr. Antinoro telling him it was late and she was going to bed. Mr. Antinoro responded again telling her that she was a party pooper and something to the effect of being too serious. In an effort to end Mr. Antinoro’s advances, Ms. Keener then responded to him telling him it was her job to keep him out of trouble and that she would see him in the morning. 17. Mr. Antinoro’s inappropriate text messages completely shocked Ms. Keener and upset her greatly especially given that he was her boss. 18. The very next morning, near the entrance to the conference room where the Convention ‘was being held, Mr. Antinoro told Ms. Keener that he hoped he hadn’t offended her. Unsure of what to say, she merely told him “no uh eh,” and went into the conference room. 19, Later that same day, Ms. Keener and Mr. Antinoro drove back to Fallon, Nevada, from Ely, where Mr. Antinoro again began to make inappropriate advances towards Ms. Keener. 20. During most of the drive back from Ely, Mr. Antinoro again acted inappropriately, telling Ms. Keener about his intimate sex life with his exes and again made other inappropriate sexual comments, to wit: a. Mr. Antinoro told Ms. Keener his ex-wife wanted money from him and that he would give her money for screwing other guys in front of him. Mr. Antinoro also told her that one age son 10 u 12 13 14 15 16 7 18 19 20 2 22 23 25 26 27 28 “black guy” was “pounding” his ex-wife and he knew the guy's “dick was choking her because he could hear her gagging,” He then said “choking her because his penis was so long it was choking her from below.” . Mr. Antinoro told Ms. Keener about the “Green Door,” aplace in Las Vegas where people go to have sex with other people. He then proceeded to tell Ms. Keener about the sex rooms at the Green Door, and how his ex-girlfriend liked going there, c. Mr. Antinoro told Ms. Keener about going to strip clubs with his ex-girlfriend and how she would sit at the bar near the stage without underwear and show her “tits” to guys who tipped the dancers. He also told Ms. Keener that his ex-girlfriend would let guys fondle her under her skirt while he watched from the bar. He also told Ms. Keener that his ex-girlfriend would then take these {guys to a place towards the bathroom and have sex with them, and how he would then go and watch. d. Mr, Antinoro told Ms. Keener that he was going to tell his then girlfriend about his lifestyle and wasn’t sure whether she would accept it or not. 21. Mr. Antinoro's inappropriate comments completely disgusted Ms. Keener and upset her greatly, and shocked her to the point where she was unable to respond. 22, Subsequent to the trip to Ely, Mr. Antinoro continued with further comments towards Ms. Keener again containing sexual innuendo. Many of the comments were in the presence of other officers of the Sheriff's Office, some of whom have communicated they were offended as well, 23. Subsequent to the trip to Ely, Mr. Antinoro began engaging in improper behavior that was designed to humiliate and demean Ms. Keener, including but not limited to the following: a. Mr. Antinoro would come to Ms. Keener’s desk and place his boots on her desk with the bottom of the soles of his boots facing her, forcing her to move so she could view him when speaking with him. Despite repeated requests from Ms. Keener for him to stop, he continued to do so, On one occasion, Ms. Keener in an effort to make a point stuck a piece of gum on the bottom ofhis boot, Mr. Antinoro then scraped his boot on the edge of Ms. Keener’s desk, whereupon, the gum fell off. Mr. Antinoro then picked up the gum and threw it at Ms, Keener’s head and told her he was trying to get it in her hair. In the ensuing days, Mr. Antinoro continued to put his boots on Ms. Keener's desk. 10 uw 12 13 14 15 16 7 18 19 20 2 22 23 24 25, 26 27 28 . Mr. Antinoro would make inappropriate racial slurs to Ms. Keener, and continued to do so even after she told him it was wrong and to stop. c. In discussing the County Commission, he told Ms. Keener that he was going to “spouge” on the County Manager and District Attorney. d. InMs. Keener’s presence, Mr. Antinoro called many of the Deputies of the Storey County Sheriff"s office, “fucking pussies.” and made other derogatory comments about them. e. Mr. Antinoro continually degraded Ms. Keener, and when she tried to talk to him about professional matters, he was often irrationally belligerent, In addition, he would tell her that he was more intelligent than her and everyone else, and told her she should drink more wine. 24, Mr. Antinoro’s continual ippropriate statements and conduct upset Ms. Keener and caused her so much severe emotional distress that she eventually reported him 25. Ms. Keener first told the Storey County District Attomey of Mr. Antinoro’s improper behavior on or about February 16, 2016, and made a report to the Human Resource Department of Storey County, Nevada (hereinafter the “HR Department”), later the same day. 26. After making the report, the HR Director put Mr. Antinoro on notice that Ms. Keener had filed the report, and informed him that Ms. Keener would not be in the office so that Mr. Antinoro could not impose some form of discipline upon her for not being there. 27. On or about February 19, 2016, instead of Storey County taking action against Mr. Antinoro, Ms, Keener was unceremoniously transferred out of the Sheriff's Office to a table in the County Manager’s Office, where she was eventually given work on an emergency response plan for the County. 28, Upon being transferred out of the Sheriff's Office, the HR Director then unceremoniously took Ms. Keener’s Badge, her Sheriff's Identification, and her keys to the Sheriff"s Office, vehicles, jail and other places related to the Sheriff's Office. 29. Ms. Keener was then told by County officials that they were now unaware of what jurisdiction she now had to act as a peace officer and was told that her jurisdiction was now limited to the Court house. 30. The County Manager hurried Ms. Keener to get some type of uniform and badge made Ese 10 i B 4 16 7 18 19 20 21 2 23 24 25 26 27 28 reference to wanting her to be in uniform and armed at the next department head meeting... standing behind him like his body guard. Ms. Keener then told the County Manager that she was concerned about being arrested for impersonating an officer and was told to hold off getting an uniform. Ms. Keener had to then wear street clothes without carrying a firearm for several months until around May or June of 2016. 31. Once Ms. Keener was back in uniform, there were no policies and procedures in place for the position in which Ms. Keener now had with Storey County. Because there were no policies in place, there was a concern that should Ms. Keener arrest anyone outside the court house, it could cause liability for Storey County. It was suggested that Storey County was going to hire a consultant toreview jurisdiction issues, but was later told it would be too expensive. The jurisdiction issue still remains unresolved, 32. In February or March of 2016, a witness subpoena was sent to the Sheriff's Office for Ms. Keener in relation to a criminal matter out of Churchill County, Nevada, that involved criminal activity within Storey County. ‘The suspect in the matter was alleged to have committed grand larceny and numerous drug offenses. The suspect also was a resident of Churchill County, as was Ms. Keener. Ms. Keener was advised by the Sheriff's Office administrative assistant that a subpoena hhad been received for her, and even though Mr. Antinoro knew of Ms. Keener’s new office location, he told the administrative assistant to have them serve Ms. Keener at her residence. By doing this, Mr. Antinoro allowed Ms. Keener’s address for her personal residence discoverable; thus, giving an alleged thief and drug user Ms. Keener’s home address, 33. Mr. Antinoro’s actions in allowing Ms. Keener’s address to be discoverable, isa criminal violation of the NRS. Upon making a complaint to Storey County officials, Ms, Keener was told some time later there was nothing they could do and she would have to file a civil action. 34. An investigation into Ms. Keener’ allegations pertaining to Mr. Antinoro was initiated and was conducted by outside counsel in March of 2016. Upon completion of the investigation by outside counsel, outside counsel opined that Mr. Antinoro had violated sexual harassment laws. 35. Despite his improper actions towards Ms. Keener, Mr. Antinoro has never suffered any consequences; instead, it has been Ms. Keener who has suffered consequences, to wit: a. She has been removed from the Sheriff's Office and her position as the Chief Deputy, a highly respected and sought after position, and a position she cherished, for which she worked very hard to attain and for which she geared her life. b, She has been told by County Officials that they cannot do anything about Mr. Antinoro’s improper actions. c. She has been forced to accept a job with less prestige having been removed as a Chief Deputy in the Sheriff" s Office to a position where her badge now says Security/Bailiff. d. Her office is now located in a small area within the Storey County Museum, which she often has to give up during private meetings and training. e. Her job duties have been reduced where she was relegated to working on an employee response plan, inspecting fire extinguishers, and inspecting defibrillators. f. Her present position is subject to challenge by the Public Employees Retirement System of Nevada. g. Her ability to carry a weapon as a Peace Officer has been greatly diminished, and she has been put into the position where her status and parameters for carrying a weapon are not, clearly defined. In addition, she has been put into a position where she could face arrest by Mr. Antinoro for carrying her weapon, h. The parameters of her jurisdiction to act in her position remain unresolved. 36. Mr. Antinoro’s improper conduct towards Ms. Keener was extreme and outrageous 37. Mr. Antinoro’s improper conduct towards Ms. Keener was intended to cause Ms. Keener emotional distress and or was in reckless disregard for causing her emotional distress, 38. Asa direct and proximate result of Mr. Antinoro’s improper actions, Ms. Keener has suffered severe or extreme emotional distress, including but not limited to long spells of uncontrolled crying, large weight gains, binge cating, anxiety, confidence issues, problems in her marriage, breakdowns at home and at the office, depression, loss of libido, and other related issues. 39. Asa direct and proximate result of Mr. Antinoro’s improper actions, Ms, Keenerhas had to seek professional treatment, and in doing so, she has incurred reasonable medical costs in an ae Son oe 10 I 12 13 14 15 16 17 18 19 20 21 2 B 4 25 26 27 28 amount in excess of $15,000.00, the exact amount to be determined at Trial, Ms, Keener reserves the right to amend this Complaint to insert the exact amount as the medical costs are incurred and/or ascertained, 40. As a direct and proximate result of Mr. Antinoro’s improper actions, Ms, Keener has suffered general damages for pain and suffering in an amount in excess of $15,000, the exact amount to be determined at Trial, 41. Asa direct and proximate result of Ms. Antinoro’s improper actions, Ms. Keener has been, and will in the future be caused to, expend sums of money for medical care and expenses incidental thereto, the total amount of which cannot at this time be determined, but which will be determined at trial 42, Storey County is vicariously liable for the damages caused by Mr. Antinoro, 43. Ms. Antinoro is guilty of oppression, fraud or malice, express or implied; therefore, Ms. Keener is entitled to recover damages for the sake of example and by way of punishing Mr. Antinoro in an amount in excess of $15,000. 44. Storey County is liable for any and punitive damages that may be awarded against Mr. ‘Antinoro because Mr. Antinoro was an officer, director or managing agent of Storey County, and ot because Mr. Antinoro’s improper conduct was ratified by Storey County, 45. It has become necessary for Ms. Keener to engage the services of an attomey to commence this action and Ms. Keener is, therefore, entitled to reasonable attomey’s fees and costs as damages, RELI (42 U.S.C, § 1983 Action against all Defendants) 46. Ms. Keener repeats and realleges each and every allegation contained in Paragraphs 1 through 45, above, as though fully set forth herein. 47. The Defendants’ improper actions were committed by him acting under color of state law. 48. The Defendants’ improper actions have deprived Ms. Keener of rights, privileges, or immunities secured by the Constitution or laws of the United States. -8- Socwrxauseon 13 14 15 16 7 18 19 20 a 22 23 24 25 26 27 28 49. Asa direct and proximate result of the Defendants” improper actions, Ms. Keener has suffered severe or extreme emotional distress, including but not limited to long spells of uncontrolled crying, large weight gains, binge eating, anxiety, confidence issues, problems in her marriage, breakdowns at home and at the office, depression, loss of libido, and other related issues. 50. Asa direct and proximate result of the Defendants’ improper actions, Ms. Keener has had to seek professional treatment, and in doing so, she has incurred reasonable medical costs in an amount in excess of $15,000.00, the exact amount to be determined at Trial. Ms. Keener reserves the right to amend this Complaint to insert the exact amount as the medical costs are incurred and/or ascertained. 51. Asa direct and proximate result of the Defendants’ improper actions, Ms. Keener has suffered general damages for pain and suffering in an amount in excess of $15,000, the exact amount, to be determined at Trial. 52. As a direct and proximate result of the Defendants’ improper actions, Ms. Keener has been, and will in the future be caused to, expend sums of money for medical care and expenses incidental thereto, the total amount of which cannot at this time be determined, but which will be determined at trial. 53, The Defendants are guilty of oppression, fraud or malice, express or implied; therefore, Ms. Keener is entitled to recover damages for the sake of example and by way of punishing the Defendants in an amount in excess of $15,000. 54, It has become necessary for Ms. Keener to engage the services of an attomey to ‘commence this action and Ms. Keener is, therefore, entitled to reasonable attorney's fees and costs as damages 55. Ms. Keener repeats and realleges each and every allegation contained in Paragraphs | through 50, above, as though fully set forth herein. 56. Storey County’s handling of Ms. Keener’s Complaint against Mr, Antinoro constitutes negligence on the part of Storey County, 10 12 B 4 15 16 7 18, 19) 20 21 2 23 25 26 21 28 57. Asa direct and proximate result of the Defendants’ improper actions, Ms. Keener has suffered severe or extreme emotional distress, including but not limited to long spells of uncontrolled crying, large weight gains, binge eating, anxiety, confidence issues, problems in her marriage, breakdowns at home and at the office, depression, loss of libido, and other related issues. 58. Asa direct and proximate result of the Defendants’ improper actions, Ms. Keener has had to seek professional treatment, and in doing so, she has incurred reasonable medical costs in an amount in excess of $15,000.00, the exact amount to be determined at Trial. Ms, Keener reserves the right to amend this Complaint to insert the exact amount as the medical costs are incurred and/or ascertained. 59. Asa direct and proximate result of the Defendants’ improper actions, Ms, Keener has suffered general damages for pain and suffering in an amount in excess of $15,000, the exact amount to be determined at Trial. 60. Asa direct and proximate result of the Defendants’ improper actions, Ms. Keener has been, and will in the future be caused to, expend sums of money for medical care and expenses incidental thereto, the total amount of which cannot at this time be determined, but which will be determined at trial. 61. The Defendants are guilty of oppression, fraud or malice, express or implied; therefore, Ms. Keener is entitled to recover damages for the sake of example and by way of punishing the Defendants in an amount in excess of $15,000. 62. It has become necessary for Ms. Keener to engage the services of an attomey to commence this action and Ms. Keener is, therefore, entitled to reasonable attorney’ fees and costs, as damages. WHEREFORE, the Plaintiff prays for judgment as follows: 1. For special damages in an amount in excess of $15,000; 2. For general damages in an amount in excess of $15,000; 3. For punitive damages in an amount in excess of $15,000; - For reasonable attorney's fees and costs of suit; and -10- 10 Wh 2 1B 14 15 16 17 18, 19 20 2 22 23 24. 25 26 27 28 5. For such other and further relief as the Court may deem just and proper in the premises. a DATED this /2 day of July, 2017. — GUS aes Si ‘Nevada Bar No. 004989 Email: gwf@fdlawlv, JESSICA K. PETERSON, ESQ Nevada Bar NO. 10670 Email: Jkp@fdlawlv.com FLANGAS DALACAS LAW GROUP 3275 South Jones Blvd., Suite 105 Las Vegas, Nevada 89146 Telephone: (702) 307-9500 Facsimile: (702) 382-9452 Attorneys for Plaintiff

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