Marina Garcia V Madison County Sheriff's Office

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 1 of 625 FILED
2017 Nov-21 AM 09:36

U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
__________________________________
MARINA GIACOMINA GARCIA, )
)
Plaintiff, )
)
v. ) CIVIL ACTION NO.:
)
MADISON COUNTY, ALABAMA ) _____________________________
SHERIFFS OFFICE; ) (JURY DEMAND AS TO
) ALL ISSUES TRIABLE BY
BLAKE L. DORNING in his Official ) JURY)
Capacity as Sheriff of Madison County, )
Alabama and in his Individual Capacity; )
)
DAVID K. JERNIGAN in his Official )
Capacity as the former Chief Deputy )
Sheriff of Madison County, Alabama and )
in his Individual Capacity; )
)
MICHAEL A. SALOMONSKY in his )
Official Capacity as head of the Criminal )
Investigation Division of the Madison )
County, Alabama Sheriffs Office )
and in his Individual Capacity; )
)
CHARLES BERRY, retired, former )
Captain, Criminal Investigation Division, )
Madison County, Alabama, Sheriffs )
Office, in his Official Capacity and )
in his Individual Capacity )
)
MADISON COUNTY, ALABAMA; )
)
THE MADISON COUNTY, )
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Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 2 of 625
ALABAMA COMMISSION; )
)
DALE W. STRONG in his Official )
Capacity as Chairman of the Madison )
County, Alabama Commission and in his )
Individual Capacity; )
)
ROGER JONES, Commissioner, )
Madison County, Alabama District One, )
in his Official Capacity as a )
Commissioner of the Madison County, )
Alabama Commission and in his )
)
STEVE HARAWAY, Commissioner, )
Madison County, Alabama District )
Two, in his Official Capacity as a )
)
CRAIG HILL, Commissioner, )
Madison County, Alabama District )
Three, in his Official Capacity as a )
)
PHIL VANDIVER, )
Commissioner, Madison County, )
Alabama District Four, in his Official )
Capacity as a Commissioner of the )
Madison County, Alabama Commission )
and in his Individual Capacity; )
)
PHIL RIDDICK, Commissioner, )
Madison County, Alabama District Five, )
in his Official Capacity as a )
Page 2 of 625

)
JERMIE HOWELL in his Official )
Capacity as Director of the Personnel/ )
Human Resources Department of )
Madison County, Alabama and in his )
Individual Capacity; and, )
)
PAM FLORY in her Official Capacity )
As Deputy Director of the Personnel/ )
Human Resources Department of )
Madison County, Alabama and in her )
)
Defendants. )
COMPLAINT
A. INTRODUCTION
1. This is an action for legal and equitable relief to redress and to correct
unlawful employment practices on the basis of race; discrimination based on race;
harassment based on race; a racially hostile working environment; different and
less favorable treatment based on race; and, unlawful retaliation against Plaintiff
Marina Giacomina Garcia (Investigator Garcia and/or Deputy Garcia and/or
Garcia) for engaging in activity, reporting, complaining about, and opposing
such unlawful behavior and actions, protected under Title VII, 42 U.S.C. 1981,
1981a, 1981(a) all of which were continuing unlawful actions and behavior; for
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violations of her rights under the Fourteenth Amendment to the Constitution of the
United States; and, to provide appropriate relief to Garcia who was adversely
affected by such practices. Garcia asserts her claims for relief for violations under
Title VII; Title 42 U.S.C. 1981, 1981a, 1981(a); and, under the Fourteenth
Amendment all through 42 U.S.C. 1983 (hereinafter 1983). Garcia requests a
trial by jury of all issues triable by a jury.
2. The defendant employers, namely, Defendant the Madison County,
Alabama Sheriffs Office (the Sheriffs Office); Sheriff Blake L. Dorning
(Sheriff Dorning); Defendant Madison County, Alabama (Madison County);
and, Defendant the Madison County, Alabama Commission (the Commission)
were doing business in Madison County, Alabama; retaliated against and
discriminated against Garcia for complaining about, reporting, and opposing racial
discrimination and retaliation based on race; racially harassed Garca for
complaining about, reporting, and opposing racial discrimination and retaliation
based on race; caused Garcia to work in a racially hostile working environment for
based on race; harassed Garcia for complaining about, reporting, and opposing
racial discrimination and retaliation based on race; treated Garcia differently for
based on race; and, retaliated against Garcia for engaging in activity protected by
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the said Title VII and 42 U.S.C. 1981, harassed Garca and retaliated against
Garcia for complaining about, reporting and opposing, engaging in activity
protected by Title VII and 42 U.S.C. 1981, all of which were continuing unlawful
actions and behavior against her. Garcia asserts her claims for relief for violations
under Title VII, Title 42 U.S.C. 1981, 1981a, 1981(a), and under the Fourteenth
Amendment through 42 U.S.C. 1983 (hereinafter 1983). Garcia requests a trial
by jury of all issues triable by a jury.
3. This is also an action for legal and equitable relief to redress sexual
harassment, a sexually hostile working environment, and unlawful retaliation
against Garcia for engaging in activity protected under Title VII of the Civil Rights
Act of 1964, 42 U.S.C. 2000e et seq., as amended by the Civil Rights Act of
1991, 42 U.S.C. 1981a, (hereinafter Title VII), all of which were continuing
unlawful actions and behavior. The suit is brought to secure the protection of and
to redress the deprivation of rights secured by Title VII; and, the Fourteenth
Amendment to the Constitution of the United States. Garcia asserts her claims for
relief for violations of Title VII and the Fourteenth Amendment through 42 U.S.C.
1983 (hereinafter 1983). Garcia requests a trial by jury of all issues triable by
a jury.
4. The defendant employers, namely, the Sheriffs Office; Sheriff
Dorning, Madison County; and, the Commission were doing business in Madison
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County, Alabama; discriminated against Garcia for complaining about, reporting,
and opposing sexual harassment and retaliation based on sex; harassed Garcia for
complaining about, reporting, and opposing sexual discrimination and retaliation
based on sex; caused Garcia to work in a sexually hostile working environment for
based on sex; harassed Garcia for complaining about, reporting, and opposing
sexual discrimination and retaliation based on sex; treated Garcia differently for
based on sex; and, retaliated against Garcia for engaging in activity protected by
the said Title VII all of which were continuing unlawful actions and behavior
2against her. Garcia asserts her claims for relief for violations under Title VII and
42 U.S.C. 1981a and 1981(a) and under the Fourteenth Amendment through 42
U.S.C. 1983 (hereinafter 1983). Garcia requests a trial by jury of all issues
triable by a jury.
B. JURISDICTION
5. Garcia brings this action under Title 42 U.S.C. 1983, 1985, 1981,
1981a, 1981(a), and 42 U.S.C. 2000e-5. Garcia specifically brings this action
under 1983, 1985, and 1988 of Title 42 of the United States Code.
6. Jurisdiction is founded on 28 U.S.C. 1331, 1343(a)(3) and (4), and
42 U.S.C. 2000e-5.
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7. The amount in controversy in this case, excluding interest and costs,
exceeds the minimum jurisdictional limit of this Court.
C. VENUE
8. All of the acts or omissions giving rise to Garcias claims arose in and
about Madison County, Alabama and within the jurisdiction of this Court. Most, if
not all, of the defendants reside in Madison County, Alabama and all defendants
reside in the State of Alabama. Thus, pursuant to Title 28 U.S.C. 1391(b)(1) and
(2) and 42 U.S.C. 2000e-5, venue is proper in the United States District Court for
the Northern District of Alabama, Northeastern Division.
D. ADMINISTRATIVE PREREQUISITES
9. There are no administrative prerequisites or caps on damages
regarding the claims Garcia makes under Title 42 U.S.C. 1981 and under the
Fourteenth Amendment all of which Garcia brings through 1983. The statute of
limitations is four years for the claims Garcia brings under42 U.S.C. 1981
through 1983.
10. Garcia has met all administrative conditions precedent for the filing of
this case under Title VII. Garcia timely filed Charges of Discrimination with the
United States Equal Employment Opportunity Commission (the EEOC and/or
EEOC) on March 28, 2016 (EEOC Charge Number 420-2016-01713) and
thereafter filed an Amended Charge/Supplemental Statement Of Particulars on
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April 27, 2016 (EEOC Charge Number 420-2016-02060), copies of which are
attached hereto as Exhibits A and B. On September 14, 2017, Notices of Rights to
Sue were issued to Garcia by the United States Department of Justice regarding
Garcias said Charges Numbers, copies of which are attached hereto as Exhibits C
and D. Garcia received the said Notices of Rights to Sue on September 22, 2017.
Garcia is timely filing this suit within ninety (90) days of her receipt of said
Notices of Right to Sue.
E. PARTIES
11. Plaintiff Investigator Marina Giacomina Garcia is a female citizen of
the United States over the age of nineteen (19) years and is a resident citizen of
Madison County, Alabama and the State of Alabama.
12. Defendant the Madison County, Alabama Sheriffs Office (the
Sheriffs Office) was and is Investigator Garcias employer and employs more
than fifteen (15) employees, and, therefore, is an employer for Title VII
purposes.
13. Defendant Sheriff Blake L. Dorning (Sheriff Dorning), in his
official capacity as the Sheriff of Madison County, Alabama, was and is
Investigator Garcias employer and employs more than fifteen (15) employees,
and, therefore, is an employer for Title VII purposes. Dorning is a state actor for
purposes of 42 U.S.C. 1983. Dorning is sued in his Official Capacity and is sued
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in his Individual Capacity pursuant to 1983 for violations of Title VII, 1981, and
the Fourteenth Amendment as further set out herein. Dorning is a male citizen of
the United States over the age of nineteen (19) years and is a resident citizen of the
State of Alabama. Sheriff Dorning is the current Sheriff of Madison County and
has served in that position at all times material to this action.
14. Lt. Michael A. Salomonsky (Lt. Salomonsky) in his Official
Capacity as the head of the Criminal Investigation Division of the Sheriffs Office
and in his Individual Capacity. Lt. Salomonsky is a state actor for purposes of 42
U.S.C. 1983. Lt. Salomonsky is sued in his Official Capacity and is sued in his
Individual Capacity pursuant to 1983 for violations of Title VII, 1981, and of the
Fourteenth Amendment as further set out herein. Lt. Salomonsky is a male citizen
of the United States over the age of nineteen (19) years and is a resident citizen of
the State of Alabama.
15. Captain Charles Berry (Cpt. Berry), retired, former Captain,
Criminal Investigation Division, Madison County, Alabama, Sheriffs Office, in
his Official Capacity and in his Individual Capacity. Cpt. Berry served in that
position at all times material to this action. Cpt. Berry is a state actor for purposes
of 42 U.S.C. 1983. Cpt. Berry is sued in his Official Capacity and is sued in his
Individual Capacity pursuant to 1983 for violations of Title VII, 1981, and the
Fourteenth Amendment as further set out herein. Cpt. Berry is a male citizen of the
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United States over the age of nineteen (19) years and is a resident citizen of the
State of Alabama.
16. Defendant Madison County, Alabama (Madison County) was and is
and, therefore, is an employer for Title VII purposes.
17. Defendant the Madison County, Alabama Commission (Commission
Chairman Dale W. Strong and Commissioners Roger Jones, Steve Haraway, Craig
Hill, Phil Vandiver, and Phil Riddick collectively the Commission) was and is
and, therefore, is an employer for Title VII purposes.
18. Defendant David K. Jernigan (Chief Deputy Sheriff Jernigan) is the
former Chief Deputy Sheriff of Madison County, Alabama and served in that
position at all times material to this action. Chief Deputy Sheriff Jernigan is a state
actor for purposes of 42 U.S.C. 1983. Chief Deputy Sheriff Jernigan is sued in his
Official Capacity and is sued in his Individual Capacity pursuant to 1983 for
violations of Title VII, 1981, and the Fourteenth Amendment as further set out
herein. Chief Deputy Sheriff Jernigan is a male citizen of the United States over
the age of nineteen (19) years and is a resident citizen of the State of Alabama. 1
1
Although David K. Jernigan is no longer Chief Deputy Sheriff of Madison County, Alabama, Deputy Gray will
refer to Jernigan as Chief Deputy Sheriff Jernigan in this his Complaint. Even though Chief Deputy Sheriff
Jernigan is no longer employed by the Sheriffs Office, Chief Deputy Sheriff Jernigan continues to involve himself
Page 10 of 625
19. Defendant Dale W. Strong (Chairman Strong) is the Chairman of
the Madison County, Alabama Commission and served in that position at all times
material to this action. Chairman Strong is a state actor for purposes of 42 U.S.C.
1983. Chairman Strong is sued in his Official Capacity as Chairman of the
Madison County, Alabama Commission and in his Individual Capacity for
violations of Title VII, 1981, and the Fourteenth Amendment as further set out
herein. Chairman Strong is a male citizen of the United States over the age of
nineteen (19) years and is a resident citizen of the State of Alabama.
20. Defendant Roger Jones (Commissioner Jones) is the Commissioner
for Madison County, Alabama Commission District One and served in that
position at all times material to this action. Commissioner Jones is a state actor for
purposes of 42 U.S.C. 1983. Commissioner Jones is sued in his Official Capacity
as a Commissioner of the Madison County, Alabama Commission and in his
Individual Capacity for violations of Title VII, 1981, and the Fourteenth
Amendment as further set out herein. Commissioner Jones is a male citizen of the
United States over the age of nineteen (19) years and is a resident citizen of the
State of Alabama.
21. Defendant Steve Haraway (Commissioner Haraway) is the
Commissioner for Madison County, Alabama Commission District Two and
in matters having to do with the Sheriffs Office, including, but not limited to, training classes/seminars for
employees of the Sheriffs Office.
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served in that position at all times material to this action. Commissioner Haraway
is a state actor for purposes of 42 U.S.C. 1983. Commissioner Haraway is sued in
his Official Capacity as a Commissioner of the Madison County, Alabama
Commission and in his Individual Capacity for violations of Title VII, 1981, and
the Fourteenth Amendment as further set out herein. Commissioner Haraway is a
male citizen of the United States over the age of nineteen (19) years and is a
resident citizen of the State of Alabama.
22. Defendant Craig Hill (Commissioner Hill) is the Commissioner for
Madison County, Alabama Commission District Three and served in that position
at all times material to this action. Commissioner Hill is a state actor for purposes
of 42 U.S.C. 1983. Commissioner Hill is sued in his Official Capacity as a
Commissioner of the Madison County, Alabama Commission and in his Individual
Capacity for violations of Title VII, 1981, and the Fourteenth Amendment as
further set out herein. Commissioner Hill is a male citizen of the United States over
the age of nineteen (19) years and is a resident citizen of the State of Alabama.
23. Defendant Phil Vandiver (Commissioner Vandiver) is the
Commissioner for Madison County, Alabama Commission District Four and
served in that position at all times material to this action. Commissioner Vandiver
is a state actor for purposes of 42 U.S.C. 1983. Commissioner Vandiver is sued in
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the Fourteenth Amendment as further set out herein. Commissioner Vandiver is a
24. Defendant Phil Riddick (Commissioner Riddick) is the
Commissioner for Madison County, Alabama Commission District Five and
served in that position at all times material to this action. Commissioner Riddick is
a state actor for purposes of 42 U.S.C. 1983. Commissioner Riddick is sued in
the Fourteenth Amendment as further set out herein. Commissioner Riddick is a
25. Defendant Jermie Howell (Director Howell) is the Director of the
Personnel/Human Resources Department of Madison County, Alabama (the
Personnel Dept.; the Personnel/HR Dept.; the HR Dept.; and/or, HR) and
served in that position at all times material to this action. Director Howell is a state
actor for purposes of 42 U.S.C. 1983. Director Howell is sued in his Official
Capacity and in his Individual Capacity pursuant to 1983 for violations of Title
VII, 1981, and the Fourteenth Amendment as further set out herein. Director
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Howell is a male citizen of the United States over the age of nineteen (19) years
and is a resident citizen of the State of Alabama.
26. Defendant Pam Flory (Deputy Director Flory) is the Deputy
Director of the Personnel/Human Resources Department of Madison County,
Alabama (the HR Dept. and/or HR) and served in that position at all times
material to this action. Deputy Director Flory is a state actor for purposes of 42
U.S.C. 1983. Deputy Director Flory is sued in her Official Capacity and in her
Individual Capacity pursuant to 1983 for violations of Title VII, 1981, and the
Fourteenth Amendment as further set out herein. Deputy Director Flory is a female
citizen of the United States over the age of nineteen (19) years and is a resident
citizen of the State of Alabama.
F. STATEMENT OF FACTS AND CLAIMS
27. The Sheriffs Offices; Madison Countys; and, the Commissions
policies and procedures for their employees, to which Sheriff Dorning and the
Sheriffs Office agreed to be bound by and to follow, regarding complaining about
and reporting harassment are, in pertinent part:
A. Act No. 941 of the 1973 Regular Session of the Alabama
Legislature provides, in pertinent part:
1. Section 1. (a) In Madison County, there is

hereby created and established a personnel department for the
government and control of all employees and appointees holding
position in the classified service, as defined in Section 4.
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(b) The personnel department shall consist of a personnel

board and a personnel director. The personnel board shall
consist of three members, one to be appointed as a joint
appointee by the Sheriff of the County.
Section 4. The provision of this Act shall apply to the

following officers and employees in the service of the county:
(c) All employees of the county sheriff;
B. The Madison County Employee Handbook, adopted by the
Madison County, Alabama Personnel Board on June 11, 2015, which was also
adopted, ratified, confirmed, and followed by the Sheriffs Office and Sheriff
Dorning as Sheriffs Offices official policy and custom, and which was in effect
and applicable at all times material to this case, provided, in pertinent part:
Page 71 Section 4.
The provisions of this Act shall apply to the following officers and
employees in the service of the county:
c. All employees of the County Sheriff;
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Page 48
Appendix 2:
HARASSMENT POLICY

Anyone who believes that he or she is being sexually harassed, or who
is aware of behavior that may violate this policy, should report this to
one of the following individuals: Personnel Director, Jermie Howell
(256)532-3614, Deputy Personnel Director, Pam Flory (256) 532-
3614 or County Administrator, Kevin Jones (256) 532-3492. The
offices of Howell, Flory and Jones are located on the 7th floor of the
Madison County Courthouse. If for any reason an individual feels that
they cannot talk with Howell, Flory or Jones, reports should be made
to Madison County Commission Chairman Dale Strong (256) 532-
3492
28. On or about December 15, 2016, a new Madison County Employee
Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office,
Sheriff Dorning, Madison County, and the Commission as their official policy and
custom which states, in pertinent part:
Madison County is committed to providing a work environment that

is free from all forms of discrimination and conduct that can be considered
harassing, coercive, or disruptive, including sexual harassment. Actions,
words, jokes, or comments based on an individuals sex, race, color, national
origin, age, religion, disability, or any other legally protected characteristic
will not be tolerated.
is aware of behavior that may violate this policy, should report this to one of
the following individuals: Personnel Director, Jermie Howell (256) 532-
3614, Deputy Personnel Director, Pam Flory (256) 532-3614 or County
Administrator, Kevin Jones (256) 532-3492. The offices of Howell, Flory
and Jones are located on the 7th floor of the Madison County Courthouse.
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Any supervisor or Department Head who becomes aware of possible

sexual or other unlawful harassment must immediately advise the County
Administrator or Personnel Director so it can be investigated in a timely and
confidential manner. Any supervisor who fails to make notification when
harassment is observed or who is aware of the possibility of harassment and
fails to make notification, will be subject to disciplinary action.
Anyone engaging in sexual or other unlawful harassment will be
subject to disciplinary action, up to and including termination of
employment.
There is no chain of command when it comes to reporting
harassment of any kind. Employees are not obligated to notify their direct
supervisor before contacting the County Administrator or the Personnel
Director to file a claim of harassment.
29. Prior to December 15, 2016, the Sheriffs Office, Madison County,
Sheriff Dorning, Chief Deputy Sheriff Jernigan, the Commission, Chairman
Strong, Director Howell, and Deputy Director Flory had stressed to and made it
clear to employees of the Sheriffs Office that they were also employees of
Madison County and the Commission and that, pursuant to its policy and custom,
they were to report their being sexually harassed, or behavior that may have
violated the anti-harassment policy of the Sheriffs Office, Sheriff Dorning,
Madison County, the Commission, and the law not only to their immediate
supervisor and/or the chain of command in the Sheriffs Office but also to Director
Howell, Deputy Director Flory, Madison County Administrator Kevin Jones
(Madison County Administrator Jones), Chairman Strong. As of December 15,
2016, the policy and custom became, in pertinent part:
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harassment of any kind. Employees are not obligated to notify their

direct supervisor before contacting the County Administrator or the
Personnel Director to file a claim of harassment.
30. The Sheriffs Office, Sheriff Dorning, Chief Deputy Sheriff Jernigan,
Chairman Strong, Director Howell, and Deputy Director Flory made it clear to
employees of the Sheriffs Office:
A. That the duty and responsibility for investigating, handling, and
resolving complaints and reports of sexual harassment, or behavior that may have
violated any of the anti-harassment policies of the Sheriffs Office, Sheriff
Dorning, Madison County, and the Commission, had been delegated by the
Sheriffs Office, Sheriff Dorning, and Chief Deputy Sheriff Jernigan to their agents
Director Howell, Deputy Director Flory, Madison County Administrator Jones,
and Chairman Strong pursuant to Act No. 941 of the 1973 Regular Session of the
Alabama Legislature and the Madison County Employee Handbook;
B. That pursuant to the officially promulgated policy statement,
decision, regulation, and custom set forth in Act No. 941 of the 1973 Regular
Session of the Alabama Legislature and the Madison County Employee Handbook
and adopted by the Sheriffs Office, Sheriff Dorning, Chief Deputy Sheriff
Jernigan, the Commission, Madison County, Chairman Strong, Director Howell,
and Deputy Director Flory, the governmental policy, custom, and agency
relationship recognized and acknowledged by the Sheriffs Office, Sheriff
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Dorning, Chief Deputy Sheriff Jernigan, the Commission, Madison County,
Chairman Strong, Director Howell, and Deputy Director Flory was that of having
Director Howell, Deputy Director Flory, and Chairman Strong be the recipients of
complaints and reports of sexual harassment, or behavior that may have violated
any of the anti-harassment policies of the Sheriffs Office, Sheriff Dorning,
Madison County; or the Commission.
C. That pursuant to such governmental policy, custom and agency
relationship that Director Howell, Deputy Director Flory, and Chairman Strong
investigate those complaints and reports, handle those complaints and reports, and
resolve those complaints and reports of sexual harassment or behavior that may
have violated the anti-harassment policies of the Sheriffs Office, Sheriff Dorning,
Madison County, and the Commission. As of December 15, 2016, the policy and
procedure, and custom eliminated the chain of command by specifically providing,
in pertinent part:

harassment of any kind. Employees are not obligated to notify their
direct supervisor before contacting the County Administrator or the
Personnel Director to file a claim of harassment.
31. In a press conference, Chairman Strong recently told The Huntsville
Times:
That he sent a two-page letter to Dorning, a copy of which he
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provided to the other six elected Madison County, Alabama Commission
Commissioners, in which he told Dorning:
Your lack of understanding of the severity and

consequences of what has occurred under your leadership
throughout your department - with practically no
discipline and your continued arrogance to say we have
done nothing wrong as the lawsuits pile upis baffling
to say the least
It appears more evident this is a pattern of

repeated conduct rather than an honest mistake
32. When interviewed by The Huntsville Times, the late Commissioner
Robert C. Harrison agreed with Chairman Strong and said he understood Chairman
Strongs frustration.
33. When interviewed by The Huntsville Times, Commissioner Vandiver
agreed with Chairman Strong.
34. Investigator Garcias check stubs state https://employeeportal.
madisoncountyal.gov/ Websites,HR.Employee/ePayroll/Paymentlt.
35. Investigator Garcia has been employed by the Sheriffs Office, Sheriff
Dorning, Madison County, Alabama, and the Commission for over twenty-one
years.
36. Investigator Garcia was hired as a Deputy Sheriff in September 1995.
37. In 2009, Investigator Garcia was promoted to investigator in the
childrens sex and physical abuse unit and assigned to the Childrens Advocacy
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Center.
38. In 2011 or 2012, Investigator Garcia transferred to the Criminal
Investigation Division (CID) as a criminal investigator.
39. In November 2014 Investigator Garcia was assigned to the Sex
Offender Registration Notification Act (SORNA) office, a unit of CID.
40. After she was assigned to the SORNA office, Investigator Garcia
complained about and reported the sexual discrimination, sexual harassment,
sexually hostile working environment, the racial discrimination, and the racially
hostile working environment at the Sheriffs Office several times to her immediate
supervisor, Sergeant Greg Free (Sgt. Free).
41. No investigation was initiated. Nothing was done to stop or correct the
violations of the law and the policies and procedures of the Sheriffs Office,
Sheriff Dorning, Madison County, and the Commission.
42. By December 2015, the workplace had become so hostile and
unbearable for Garcia that Garcia strongly complained and reported to Sgt. Free
about these matters.
43. Either the first or second week in December 2015, Investigator Garcia
went to Sgt. Frees office and told him that she had a video recording device in her
SORNA office, which she shared with a female Sheriffs Office employee,
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Anonymous2, and was making video recordings in her office:
A. Investigator Garcia told Sgt. Free that she kept the video recording
device on all the time.
B. Investigator Garcia asked Sgt. Free for advice and counsel
regarding the video recording device.
C. A couple of days later, Sgt. Free came to Investigator Garcias
office and asked her where is it? and asked her to show him the video recording
device she was using.
D. Sgt. Free is on video asking Garcia, Where is it? and Garcias
showing him the video recording device.
E. The video clock device was shown to Sgt. Free, and he and
Investigator Garcia talked about it as Sgt. Free looked at it.
F. Sgt. Free wanted to make sure the video recording device was
where Investigator Garcia told him it was, wanted to see it with his own eyes, and
wanted to make sure the video recording device was working.
G. Sgt. Free asked Investigator Garcia how she downloaded the video
recordings and Investigator Garcia explained to Sgt. Free that the video recordings
were on a SD card which she downloaded daily.
H. Sgt. Free never objected to Investigator Garcias videotaping what
2
The name and identity of the female employee of the Sheriffs Office, Sheriff Dorning, Madison County, and the
Commission will be disclosed if and when Investigator Garcia is required to do so by the Federal Rules of Civil
Procedure, the Federal Rules of Evidence, and/or, order of a Court.
Page 22 of 625
was happening in the office she shared with Anonymous.
I. Sgt. Free knew that Investigator Garcia was not in her office every
minute of the day.
J. Sgt. Free never told Investigator Garcia to stop video recording
Anonymous.
K. Sgt. Free never told Investigator Garcia to turn the video recording
device off when Investigator Garcia was out of her office.
L. Sgt. Free never told Investigator Garcia to get rid of the video
recording device.
M. Sgt. Free never told Investigator Garcia that making the video
recordings was illegal.
44. By January 2016, Investigator Garcia had worked in SORNA for
approximately fourteen (14) months.
45. On January 6, 2016, Investigator Garcia again met with Sgt. Free
complained about, reported, and opposed the sexually hostile working
environment, the sexual discrimination, the sexual harassment, the racial
discrimination, the harassment based on race, and the racially hostile working
environment in the SORNA office and in the Sheriffs Office:
A. Investigator Garcia told Sgt. Free that Anonymous was having
sexual relations with male employees of the Sheriffs Office in the SORNA office.
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B. One of the male employees of the Sheriffs Office with whom
Anonymous was having sexual relations was Sheriff Deputy Scott Carle (Deputy
Carle).
C. The video recording device recorded Anonymous giving
Deputy Carle a blowjob in the SORNA office Investigator Garcia shared with
Anonymous.
D. Captain Charles Berry (Cpt. Berry and/or Charles) was the
head of the CID division in the Sheriffs Office.
E. Cpt. Berry was both Investigator Garcias and Anonymouss
supervisor.
F. Cpt. Berry was also having sexual relations with Anonymous.
G. Cpt. Berry admitted to inappropriate sexual conduct and having
sex with Anonymous.
H. Deputy Carle admitted to inappropriate sexual conduct with
Anonymous.
I. Investigator Garcia complained and reported that Anonymouss
relationship with Cpt. Berry caused her to not be able to do her job.
J. Investigator Garcia complained and reported that Anonymous
told her almost every day, if not daily, that Charles would do whatever she told
him to do.
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K. Investigator Garcia complained and reported that Anonymous
told her almost every day, if not daily, that she (Anonymous) could do whatever
she wanted to do because whatever it was she did or did not do, Charles would take
care of her.
L. Investigator Garcia complained and reported that because of
Anonymouss relationship with Cpt. Berry, Anonymous would take over Garcias
job and tell Investigator Garcia what to do and not to do.
M. Investigator Garcia reported and complained that Anonymous
threatened her if not daily, almost daily and told her if she did not do want she
wanted her to do, she would get Charles to make her do what Anonymous wanted
Garcia to do.
N. Investigator Garcia reported and complained that this situation
created a sexually hostile working environment for her, directly affected and
involved her on a daily basis, and thereby interfered with her ability to do her job.
Investigator Garcia complained that Cpt. Berrys relationship with Anonymous
was based on sexual favoritism.
O. Investigator Garcia complained and reported that Anonymous
did what was expected of her by male supervisors in the Sheriffs Office in order to
obtain favorable performance evaluations and power in the Sheriffs Office, to get
favorable job assignments, and to further advance herself as far as the male
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dominated supervisory staff of the Sheriffs Office would allow her to advance.
P. Investigator Garcia complained about and reported that
Anonymous was using Investigator Garcias desk chair as part of her props for
giving blow jobs to male employees of the Sheriffs Office and using her desk
ruler to measure the size of male co-workers penises.
Q. Anonymous told Investigator Garcia that Cpt. Berry told her
that women have no business in law enforcement.
R. Investigator Garcia opposed the sexually hostile working
environment, the sexual discrimination, the sexual harassment, and the retaliation
for reporting and complaining about those violations of policies and procedures
and the law.
S. Cpt. Berry, a male, was not fired.
T. Anonymous, a female, was fired.
U. Investigator Garcia complained and reported that Lt.
Salomonsky had numerous inappropriate posters on his office wall. One of the
posters read NOTICE SEXUAL HARASSMENT IN THIS AREA WILL NOT
BE REPORTED, HOWEVER, IT WILL BE GRADED.
V. Chief Deputy Sheriff Jernigan had been in Lt. Salomonskys
office many times and had personally observed Lt. Salomonskys inappropriate
posters. But, Chief Deputy Sheriff approved of Lt. Salomonskys inappropriate
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posters.
W. Investigator Garcia complained and reported that Lt.
Salomonskys posters and behavior enabled and even encouraged sexual
harassment, gender discrimination, racial discrimination, and discrimination based
on color and further created a hostile working environment in the Sheriffs Office.
46. Anonymous met with Chief Deputy Sheriff Jernigan regularly.
47. Chief Deputy Sheriff Jernigan would call Anonymous and check-in
with her regularly.
48. Anonymous told Investigator Garcia that she and Chief Deputy
Sheriff Jernigan e-mailed each other a lot.
49. There were and are no females in supervisory positions within the law
enforcement side of the Sheriffs Office.
50. In January 2016, Investigator Garcia also complained about, reported,
and opposed the hostile working environment based on race, the discrimination
based on race, the racial harassment, the hostile working environment based on
national origin, the discrimination based on national origin, and the harassment
based on national origin which went on almost daily, if not daily, in the Sheriffs
Office.
51. While interviews were being held for investigator positions, Sgt.
Brian Chaffin (Sgt. Chaffin), now Lt. Chaffin (Lt. Chaffin), was on the
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interview board. Sgt. Chaffin told Investigator Garcia personally that as long as he
was in charge neither of the two African-American females, Sharon Howard or
Crystal Thornton, would ever be in CID and would never be promoted to
investigator. Investigator Garcia was offended at what Lt. Chaffin said.
Investigator Garcia told Lt. Chaffin that Deputy Crystal Thornton was a hard
worker and that Investigator Garcia was hoping she would be given an
investigators position. But, Sgt. Chaffin insisted that she would never be put in an
investigator position.
52. There is only one African-American captain, Captain Marion Bulluck
(Cpt. Bulluck), in the Sheriffs Office. Cpt. Berry refused to invite Cpt. Bulluck
to the November 2015 office Thanksgiving party. Cpt. Berry said that Cpt. Bulluck
was just a dumb nigger. Investigator Garcia found this to be offensive and that
his comments violated the law and the anti-discrimination policies and procedures
of the Sheriffs Office, Sheriff Dorning, Madison County, and the Commission.
Investigator Garcia carried a Thanksgiving dinner plate to Cpt. Bulluck in his
office since Cpt. Berry did not want nor did he invite Cpt. Bulluck to attend the
office gathering.
53. Derogatory, demeaning, and discriminatory statements, and Mexican
slurs about Hispanics/Mexicans are an everyday occurrence in the Sheriffs
Office. Most of the time the comments are made in groups of people, and it is hard
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to tell who exactly said what. Statements, such as Hispanics/Mexicans are taking
our jobs and bringing babies that we have to pay for into this country, are made.
These statements are directed to Investigator Garcia personally and are very
offensive to Investigator Garcia.
54. Investigator Garcia was told by Lt. Ron Derting (Lt. Derting) to not
help any Hispanics/Mexicans with car tags or anything else in any shape, form, or
fashion. Lt. Derting told Investigator Garcia that Hispanics/Mexicans would blow
up the Madison County, Alabama Courthouse.
55. Sheriff Whisante told Garcia not to disgrace the the Sheriffs Office
by marrying a Mexican.
56. There are constant racist comments made about Hispanics/Mexicans
in the Sheriffs Office.
57. Investigator Garcias spouse is Hispanic/Mexican. In January 2016,
Investigator Garcia complained about and reported:
A. That she was being harassed because her spouse is Mexican.
B. That she was deeply hurt, humiliated, and offended when
Investigator Jason McMinn (Investigator McMinn), an investigator in the CID
Crime Scene office, told her in the presence of other people that he bet when she
went to see her gynecologist, a bunch of Mexicans come crawling out from
between her legs.
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C. That she was deeply hurt, humiliated, and offended when
Investigator Steve Finley (Investigator Finley) asked Investigator Garcia in front
of other people whether or not Investigator Garcia needed to be arrested or if
Investigator Garcias husband was legal.
D. Investigator Garcia reported and complained about, reported,
and opposed the frequent derogatory, demeaning, and discriminatory statements
made to her about Hispanics/Mexicans and her Hispanic/Mexican husband.
58. On January 11, 2016, Investigator Garcia was demoted. Cpt. Berry
notified Sgt. Free that Investigator Garcia was being moved out of SORNA and
was being assigned as a School Resource Officer (SRO) all of which violated
Investigator Garcias Fourteenth Amendment rights and protections and her rights
and protections under Title VII and 1981 through 1983 and which deprived
Investigator Garcia of those rights and protections all of which were clearly-
established constitutional law and federally protected rights at the time the adverse
employment action was taken against Investigator Garcia and of which a
reasonable person/reasonable official/person would have known, or should have
known about, given the circumstances and information possessed by the
official/person at the time of the conduct.
59. On January 11, 2016, Investigator Garcia met with Sgt. Free again and
emphatically told him she wanted to continue to work in the SORNA office and
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that Anonymous is the one who should be reassigned and not her.
60. On January 11, 2016, Investigator Garcia met with Captain Kerry
Phillips (Cpt. Phillips). Cpt. Phillips was recently promoted to the position of
Chief Deputy Sheriff of the Madison County, Alabama Sheriffs Office thereby
replacing Chief Deputy Sheriff Jernigan who is now the Chief of Police of the City
of Madison, Alabama. During her meeting with Cpt. Phillips:
A. Investigator Garcia told Cpt. Phillips that she had placed the video
recording device in the office she shared with Anonymous.
B. Cpt. Phillips did not object to her having placed the video
recording device in the office she shared with Anonymous, did not tell her that the
recording device was illegal, and did not tell her to remove the recording device
from the office.
C. Investigator Garcia reported to Cpt. Phillips that she did not feel
she could complain to Cpt. Berry and Lt. Chaffin because of who was involved and
because Lt. Chaffin was very close to Cpt. Berry. Investigator Garcia told Cpt.
Phillips that she was fearful of retaliation against her by Cpt. Berry, Lt. Chaffin,
and Lt. Salomonsky.
D. Investigator Garcia told Cpt. Phillips that Anonymous told her
(Investigator Garcia) that Lt. Salomonsky told her (Anonymous) that Cpt. Berry
had told him (Lt. Salomonsky) to tell her (Anonymous) to keep Investigator Garcia
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in check. Pursuant to Cpt. Berrys instructions, Lt. Salomonsky had just revised
Anonymouss performance evaluation and had given Anonymous a better
performance evaluation than she (Anonymous) was first given.
61. On January 11, 2016, Cpt. Phillips contacted Chief Deputy Sheriff
Jernigan and reported Investigator Garcias complaints and opposition about what
was going on in the workplace to Chief Deputy Sheriff Jernigan.
62. On January 12, 2016, Chief Deputy Sheriff Jernigan announced that
Investigator Garcia was being removed from SORNA and being assigned to an
SRO job. The new assignment meant a demotion, a loss of prestige, a loss of
seniority, and a reduction in pay for Investigator Garcia all of which violated
known about, given the circumstances and information possessed by the official/
person at the time of the conduct.
63. On January 12, 2016, Investigator Garcia met with Chief Deputy
Sheriff Jernigan:
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A. Investigator Garcia tried to give Chief Deputy Sheriff Jernigan
a copy of one of the videos. Chief Deputy Sheriff Jernigan essentially told
Investigator Garcia to get rid of the video recording and told her he did not want to
see it all of which violated Investigator Garcias Fourteenth Amendment rights
and protections and her rights and protections under Title VII and 1981 through
1983 and which deprived Investigator Garcia of those rights and protections all
of which were clearly-established constitutional law and federally protected rights
at the time the adverse employment action was taken against Investigator Garcia
and of which a reasonable person/reasonable official/person would have known, or
should have known about, given the circumstances and information possessed by
the official/person at the time of the conduct.
B. Chief Deputy Sheriff Jernigan brow-beat Investigator Garcia to
the point she was crying and extremely distraught all of which violated
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C. Chief Deputy Sheriff Jernigan threatened Investigator Garcias
job all of which violated Investigator Garcias Fourteenth Amendment rights and
protections and her rights and protections under Title VII and 1981 through
D. Chief Deputy Sheriff Jernigan threatened Investigator Garcia
with criminal prosecution all of which violated Investigator Garcias Fourteenth
Amendment rights and protections and her rights and protections under Title VII
and 1981 through 1983 and which deprived Investigator Garcia of those rights
and protections all of which were clearly-established constitutional law and
federally protected rights at the time the adverse employment action was taken
against Investigator Garcia and of which a reasonable person/reasonable
official/person would have known, or should have known about, given the
circumstances and information possessed by the official/person at the time of the
conduct.
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E. Chief Deputy Sheriff Jernigan told Investigator Garcia she only
had two choices go on patrol or go to SRO. The two choices meant a demotion
for Garcia, loss of prestige for Investigator Garcia, losss of seniority, and reduction
in pay all of which violated Investigator Garcias Fourteenth Amendment rights
and protections and her rights and protections under Title VII and 1981 through
F. Investigator Garcia never requested to be transferred out of
CID, which includes SORNA. Garcia would never have voluntarily agreed to this.
G. Chief Deputy Sheriff Jernigan made it clear to Investigator
Garcia that she would have no job with the Madison County, Alabama Sheriffs
Office unless she selected one of those two jobs all of which violated
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H. Investigator Garcia had worked at the Sheriffs Office for
approximately twenty (20) years. Rather than lose everything she had worked for,
Investigator Garcia had no choice but to take one of those two positions.
Investigator Garcia told Chief Deputy Sheriff Jernigan that she would take the
SRO job if those were her only choices.
I. Chief Deputy Sheriff Jernigan intimidated and threatened
Investigator Garcia so fiercely during her January 12, 2016 meeting with him that
the distraught condition she was in was visible. all of which violated Investigator
Garcias Fourteenth Amendment rights and protections and her rights and
protections under Title VII and 1981 through 1983 and which deprived
person at the time of the conduct. Chief Deputy Sheriff Jernigan told Investigator
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Garcia that he did not want anybody to see her in that condition and made her
leave by the back door of his office. Chief Deputy Sheriff Jernigan told
Investigator Garcia to take two (2) days off to try to regain her composure.
J. Erica Cagle (Cagle), an employee of the Sheriffs Office,
Sheriff Dorning, Madison County, and the Commission tried to attend Investigator
Garcias January 12, 2016 meeting with Chief Deputy Sheriff Jernigan. Cagle was
not allowed to attend the meeting.
K. Cagle waited for Investigator Garcia to come out of her meeting
with Chief Deputy Sheriff Jernigan. Cagle personally observed the mental and
emotional condition Investigator Garcia was in when she came out of the meeting
with Chief Deputy Sheriff Jernigan. Cagle personally observed that Investigator
Garcia was crying and emotionally distraught. Investigator Garcias condition was
so bad that Cagle even cried.
L. Investigator Garcia told Cagle that it was so bad in the meeting
with Chief Deputy Sheriff Jernigan that he made her wish she had never
complained and reported the things she was reporting.
M. Investigator Garcia asked Cagle to go to her car and get her
sunglasses because she did not want anybody to see her in that condition.
N. The manner in which Chief Deputy Sheriff Jernigan treated
Investigator Garcia on January 12, 2016 and the way he handled her reports,
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complaints, and opposition to the violations of law and the policies and procedures
of the Sheriffs Office, Sheriff Dorning, Madison County, and the Commission
sent a message to female employees of the Sheriffs Office, Sheriff Dorning,
Madison County, and the Commission that if they complain about sexual
harassment, sexual discrimination, and a sexually hostile working environment,
they would be seriously retaliated against and punished all of which would
violate their Fourteenth Amendment rights and protections and their rights and
protections under Title VII and 1981 through 1983 and which would deprive
them of those rights and protections. Chief Deputy Sheriff Jernigan knew, or
should have known, at the time he threatened, intimidated, and demoted
Investigator Garcia that what he was doing was in violation of clearly established
constitutional law and her clearly established federally protected statutory rights. A
reasonable person/official in Chief Deputy Sheriff Jernigans position would have
known, or should have known, given the circumstances and information possessed
by the official/person at the time of the conduct, that such adverse employment
actions were in violation of clearly established constitutional law and clearly
established federally protected statutory rights.
64. Lt. Chaffin who was very close to Cpt. Berry also threatened Garcia
several times and accused her of insubordination and disobedience.
65. Chief Deputy Sheriff Jernigan, Sheriff Dorning, Director Howell,
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Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison County,
and the Commission jointly retaliated against Investigator Garcia in blatant
violation of the law and the policies and procedures of the Sheriffs Office, Sheriff
Dorning, Madison County, and, the Commission, as she feared they would do;
moved her out of SORNA; demoted her into a job with less prestige and Two
Hundred Dollars ($200.00) less pay per month; and, was threatening to criminally
prosecute Investigator Garcia all of which violated Investigator Garcias
Fourteenth Amendment rights and protections and her rights and protections under
Title VII and 1981 through 1983 and which deprived Investigator Garcia of
those rights and protections all of which were clearly-established constitutional
law and federally protected rights at the time the adverse employment actions were
taken against Investigator Garcia and of which a reasonable person/reasonable
conduct. Deputy Garcia turned to the policies and procedures which employees of
the Sheriffs Office, Sheriff Dorning, Madison County, and the Commission were
to follow in such circumstances.
66. The Madison County Employee Handbook adopted by the Madison
County Personnel Board on June 11, 2015 which was in effect in 2016 is
unequivocally clear:
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Page 71 Section 4.
employees in
the service of the county:
Page 48
Appendix 2:
HARASSMENT POLICY

(256) 532-3614, Deputy Personnel Director, Pam Flory (256) 532-
Madison County Courthouse. If for any reason an individual feels
that they cannot talk with Howell, Flory or Jones, reports should
be made to Madison County Commission Chairman Dale Strong
(256) 532-3492
(emphasis added)
67. Deputy Garcia3 waited about two (2) weeks after her January 12, 2016
meeting with Chief Deputy Sheriff Jernigan before going to see Director Howell
and Deputy Director Flory in the Personnel/Human Resources Office of Madison
3
Investigator Garcia had been demoted from Investigator to Deputy on or about January 12, 2016.
Page 40 of 625
County, the Sheriffs Office, Sheriff Dorning, and the Commission. Deputy Garcia
met with Director Howell and Deputy Director Flory on or about February 1, 2016.
68. Director Howell told Deputy Garcia he had to notify Chief Deputy
Sheriff Jernigan that she was coming to see him.
69. Director Howell told Deputy Garcia that Chief Deputy Sheriff
Jernigan wanted to know what she wanted, that he thought everything was over.
70. Deputy Garcia told Director Howell it was not over, that she had been
retaliated against for reporting and complaining about the sexual discrimination,
gender discrimination, the sexually hostile working environment, the racial
discrimination, and the racially hostile working environment at the Sheriffs
Office, Madison County, and the Commission.
71. Deputy Garcia told Director Howell that she did not ask to be
transferred out of SORNA and that the transfer was against what she wanted.
Deputy Garcia told Director Howell that she wanted to keep her job in SORNA
and that she wanted to be transferred back into SORNA.
72. Deputy Garcia told Director Howell that neither Sheriff Dorning,
Chief Deputy Sheriff Jernigan, Lt. Chaffin, Lt. Salomonsky nor anyone else would
do anything to stop or correct the violations of the law and the policies and
procedures of the Sheriffs Office, Sheriff Dorning, Madison County, and the
Commission.
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73. Deputy Garcia told Director Howell that the workplace had become so
hostile and unbearable for her by December 2015 that something had to be done
because it was interfering with her ability to do her job.
74. Deputy Garcia complained and reported to Director Howell and
Deputy Director Flory that what Anonymous was doing was what the male
dominated Sheriffs Office expected of and required of female employees in the
Sheriffs Office to get good performance evaluations, good job assignments, and
promotions.
75. Director Howell and Deputy Director Flory took a copy of one of the
video recordings and said they would give it to Chief Deputy Sheriff Jernigan.
76. Director Howell told Deputy Garcia he would have to give the
information she provided to him to Jeff Rich (Rich), Madison Countys attorney.
77. Deputy Garcia did not hear anything else from Director Howell or
Deputy Director Flory.
78. On March 4, 2016, Deputy Garcias counsel wrote a letter on behalf
of Deputy Garcia to Rich; Sheriff Dorning; and, Chairman Strong demanding a
meeting with Chairman Strong, as provided by the policies and procedures of the
Sheriffs Office, Sheriff Dorning, Madison County, and the Commission. Deputy
Garcia also demanded an independent investigation by the Alabama Bureau of
Investigation and the United States Department of Justice. In blatant, egregious,
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intentional, and willful violation of the policies and procedures of the Sheriffs
Office, Sheriff Dorning, Madison County, and the Commission, Chairman Strong
refused to meet with Deputy Garcia and refused to conduct an investigation all of
which violated Investigator Garcias Fourteenth Amendment rights and protections
and her rights and protections under Title VII and 1981 through 1983 and which
deprived Investigator Garcia of those rights and protections all of which were
clearly-established constitutional law and federally protected rights at the time the
adverse employment action was taken against Investigator Garcia and of which a
79. In or about March 2016, Lt. Salomonsky was promoted to the rank of
Captain and is now Captain Salomonsky. (Cpt. Salomonsky). Cpt. Salomonsky
replaced Cpt. Berry as head of the CID in the Sheriffs Office.
80. Deputy Garcia filed her first Charge with the EEOC on March 28,
2016.
81. On April 5, 2016, Deputy Garcia again met with Chief Deputy Sheriff
Jernigan. Chief Deputy Sheriff Jernigan, Sheriff Dorning, Director Howell, Deputy
Director Flory, Chairman Strong, the Sheriffs Office, Madison County, and the
Commission in a joint decision again retaliated against Deputy Garcia for
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reporting, complaining about, and opposing the unlawful discrimination in the
workplace. Chief Deputy Sheriff Jernigan, Sheriff Dorning, Director Howell,
and the Commission in a joint decision gave Deputy Garcia a two (2)-day
suspension without pay all of which violated Investigator Garcias Fourteenth
Amendment rights and protections and her rights and protections under Title VII
and 1981 through 1983 and which deprived Investigator Garcia of those rights
and protections all of which were clearly-established constitutional law and
federally protected rights at the time the adverse employment action was taken
against Investigator Garcia and of which a reasonable person/reasonable
conduct..
82. On April 5, 2016, Chief Deputy Sheriff Jernigan offered Deputy
Garcia a job in CID. Chief Deputy Sheriff Jernigan did not offer Deputy Garcia her
old job as CID investigator in the SORNA office.
83. Because Deputy Garcia needed her pay restored to what it was in
January 2016 before she was demoted, on April 11, 2016, Deputy Garcia accepted
the job in CID as a General Crimes Investigator.
84. Deputy Garcia filed her second Charge with the EEOC on April 27,
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2016.
85. Investigator Garcia did not start work as a General Crimes
Investigator until June 2016.
86. Investigator Garcias pay was reduced by $200.00 per month from
about January 10, 2016 until about June 25, 2016. Investigator Garcias full pay
was not restored until about June 25, 2016.
87. When Deputy Garcia was put back in CID, she was demoted once
again. Investigator Garcia went from India 4 to India 14, having no seniority.
Before her demotion, Investigator Garcia was India 4, the second highest
investigator in CID. India 14 was the lowest ranking of an investigator in CID.
Investigator Garcia was recently lowered to India 15 now the next to lowest
seniority ranking of an investigator in CID. Investigator Garcia lost her seniority
which adversely impacted her and her job all of which violated Investigator
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88. When Investigator Garcia was put back in CID, Chief Deputy Sheriff
Jernigan, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman
Strong, the Sheriffs Office, Madison County, and the Commission in a joint
decision assigned Investigator Garcia to a room which only had a desk and folding
chair in it. The room was dirty. The room was remotely located away from her co-
workers in CID. Investigator Garcia was isolated. The isolation caused Investigator
Garcia severe mental and emotional anguish all of which violated Investigator
89. It was futile for Investigator Garcia to again meet with Director
Howell, Deputy Director Flory, Chief Deputy Sheriff Jernigan, Lt. Chaffin, Cpt.
Salomonsky, or anybody else.
90. In the spring of 2017, Investigator Garcia was reassigned to the
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SORNA office in the CID in the Sheriffs Office as an Investigator.
91. During her years as a Deputy and an Investigator, Garcia has received
good performance evaluations.
92. On April 5, 2016, after I complained about, reported, and opposed the
sexual discrimination, the sexual harassment, the sexually hostile working
environment, the racial discrimination, the racial harassment, the racially hostile
working environment, the discrimination based on the national origin of my
husband, the harassment based on the national origin of my husband, and the
hostile working environment based on the national origin of my husband, Chief
Deputy Sheriff Jernigan gave Deputy Garcia a Warning, accused her of
misconduct, insubordination, disobedience, and suspended Deputy Garcia for two
days without pay.
93. Up to January 2016, Investigator Garcia had an impeccable record in
the Sheriffs Office.
94. The retaliation against Investigator Garcia began immediately after
she complained and reported how she was being sexually harassed and the sexually
hostile working environment in which she was working.
95. The retaliation against Investigator Garcia as well as the harassment
of Investigator Garcia has been severe and frequent.
96. Chief Deputy Sheriff Jernigan, Sheriff Dorning, Director Howell,
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and the Commission all were jointly and intricately involved in Investigator
Garcias complaints and reports of sexual discrimination, sexual harassment, a
sexually hostile working environment and her opposition thereto. Chief Deputy
Sheriff Jernigan, Sheriff Dorning, Director Howell, Deputy Director Flory,
Chairman Strong, the Sheriffs Office, Madison County, and the Commission all
were jointly and intricately involved in Investigator Garcias complaints and
reports of racial discrimination, harassment based on race, and a racially hostile
working environment and her opposition thereto. All were jointly and intricately
involved in the adverse employment actions taken in retaliation against Garcia.
97. The retaliation. discrimination, and adverse employment actions against
Investigator Garcia has had a chilling effect on employees of the Sheriffs Office,
Sheriff Dorning, Madison County, and the Commission who work in the Sheriffs
Office and for Sheriff Dorning reporting and complaining about violations of the
anti-discrimination policies and procedures of the Sheriffs Office, Sheriff Dornng,
Madison County, and the Commission; violations of Title VII protections;
violations of 1981; and, violations of the Equal Protection Clause of the U.S.
Constitution the Fourteenth Amendment through 1983. The retaliation,
discrimination, and adverse employment actions taken against Investigator Garcia
sent a signal to employees of the Sheriffs Office, Sheriff Dorning, Madison
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County, and the Commission who work in the Sheriffs Office and for Sheriff
Dorning that if they complain about, report, and/or oppose racial discrimination, a
racially hostile working environment, racial harassment, sexual harassment,
discrimination based on sex, etc. they will face punishment and retaliation.
98. Deputy Shelby Holt (Deputy Holt) talked to Investigator Garcia on
or about August 7, 2016 for advice about what she should do regarding how she
was being sexually harassed, discriminated based on sex, and working in a
sexually hostile working environment.
99. Several female employees in the Sheriffs Office confided in
Investigator Garcia about how they were being sexually harassed, discriminated
against based on their sex, and working in a sexually hostile working environment.
However, they were afraid of being retaliated against if they complained about,
reported, and opposed the sexual harassment they were being subjected to, how
they were being discriminated against based on their sex, and their working in a
sexually hostile working environment.
100. Several female employees in the Sheriffs Office confided in
Investigator Garcia about how they were being racially harassed, discriminated
against based on their race, and working in a racially hostile working environment.
However, they were afraid of being retaliated against if they complained about,
reported, and opposed the racial harassment they were being subjected to, how
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they were being discriminated against based on their race, and their working in a
racially hostile working environment.
101. Male employees of the Sheriffs Office, with the exception of any
male employee, like Deputy Greg Gray, who complained about, reported, and/or
opposed sexual discrimination, sexual harassment, and a sexually hostile working
environment, were treated better, more favorably, and differently than was
Investigator Garcia and other female employees of the Sheriffs Office, Madison
County, and the Commission who worked in the Sheriffs Office:
A. Sgt. Stacey Rutherford (Sgt. Rutherford) dated and made
pictures of a female employee of the Sheriffs Office posing on the hood of his
patrol car or another patrol car. Sgt. Rutherford was not fired. Upon information
and belief, the female employees husband tried to kill her, but ended-up killing
himself. Sgt. Rutherford was not fired.
B. Sgt. Rutherford sexually harassed a female Sheriffs Office
employee who worked with him in the Madison County Jail. Sgt. Rutherford was
not fired.
C. A female employee of the Sheriffs Office had sexual relations
with Cpt. Berry in exchange for favors including more favorable personnel
evaluations and awards. Cpt. Berry was not fired.
D. After getting very personal nude pictures of Deputy Holt
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from her cell phone without her permission and knowledge and publishing them to
other employees of the Sheriffs Office, employee John Sheldon was not fired.
E. Deputy James King (Deputy King) was not fired for
publishing very personal nude pictures of Holt to other employees of the Sheriffs
Office.
F. Deputy King was not fired for sending pictures of his penis to
Deputy Holt.
G. Deputy King told Investigator Garcia that Cpt. Salomonsky and
Lt. Brooks lied about the beating involving Justin Watson. They said no reports
had been made when they had actually made reports and signed off on them.
H. Cpt. Salomonsky told Investigator Garcia that this may be the
end of Big Sal.
I. Sgt. Rutherford was not fired for sending pictures of his penis
to Deputy Holt.
J. A male employee of the Sheriffs Office sexually assaulted a
female employee of the Sheriffs Office. The names of the Sheriffs Office
employees involved in this matter will be provided and disclosed at an appropriate
time and in an appropriate way. The male employee was not fired.
K. Male employees of the Sheriffs Office would not file reports of
sexual harassment against females involving non-employees of the Sheriffs Office
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For example, Sgt. Timothy Whisante (Sgt. Whisante) would not file a report for
a young female who was sexually harassed and sexually touched by her store
manager. The girls mother complained.
L. Lt. Patton was caught having sex with one of the female
Detention Officers. Lt. Patton was not fired. There is a video recording of this.
M. Sgt. Brooks had an affair with a Madison County, Alabama
Sheriffs Office dispatcher. He was not fired.
N. Sgt. Cross had an affair with a Madison County, Alabama
Sheriffs Office dispatcher at the 911 Center. He was not fired.
O. Chief Deputy Sheriff Jernigan made inappropriate sexual
comments about female employees of the Sheriffs Office For example, Chief
Deputy Sheriff Jernigan told Cagle that female employee Megan Dornings code
should be 6969; Chief Deputy Sheriff Jernigan told others in regard to Deputy
Holt, Man what I would do to that; Chief Deputy Sheriff Jernigan told Megan
Wimbs that he wished she had not told him that Cagle was changing clothes so he
could have walked in on her. No disciplinary action was taken against Chief
Deputy Sheriff Jernigan
P. Chief Deputy Sheriff Jernigan was accused of sexual
harassment when he worked for the Federal Bureau of Investigation (the FBI).
Q. Cagle reported and complained to Cpt. Phillips, Director
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Howell, and Deputy Director Flory about a male Sheriff Offices employee Tim
Clarks (Clark) sexually harassing her and telling people that she was fucking
an inmate. Clark had hit on Cagle many times, constantly asking her to go to
bars with him and go to eat with him and sent text messages to her. Clark is a
friend of Sheriff Dornings. Chief Deputy Sheriff Jernigan and Sheriff Dorning
retaliated against Cagle by taking her cell phone away from her knowing that it
was her only means of communication with her mother who was dying and close
to death. Chief Deputy Sheriff Jernigans and Sheriff Dornings actions had a very
chilling effect on not only Cagle, but other Sheriffs Dept. female employees
regarding complaining about and reporting sexual harassment and a sexually
hostile work environment at the Sheriffs Office. Clark was not fired.
R. Deputy Brent Patterson (Deputy Patterson) had a sexual affair
with a local female Madison County, Alabama school official. Deputy Patterson
was in charge of school resource officers provided to the Madison County,
Alabama schools by the Sheriffs Dept. Deputy Patterson was not fired. Deputy
Patterson lied to Cpt. Phillips about what had happened. Deputy Patterson was not
fired.
S. Deputy Jerome Heard (Deputy Heard), a Madison County
school resource officer provided to Meridianville Middle School by the Sheriffs
Office was indicted for sex with a minor female at the school. Deputy Heard was
Page 53 of 625
not fired.
T. Sheriffs Dept. Investigator Roland Campos (Investigator
Campos) was recently arrested and charged with two counts of first-degree sexual
abuse involving a juvenile. Investigator Campos was earlier involved in the sexual
abuse of his granddaughter. The earlier matter was swept under the rug by the
Sheriffs Office. Sheriffs Office Lt. Chaffin has the details regarding these
matters.
U. There are numerous other incidents of male employees of the
Sheriffs Office in the course of their exercise of authority over female employees
of the Sheriffs Office, Madison County, and the Commission exploiting those
female employees, providing job security, providing revised performance
evaluations, and taking care of pay mistakes in exchange for sexual favors and
attention. None of those male employees of the Sheriffs Office, Madison County,
or the Commission have been fired. In fact, several of those male employees have
been promoted.
102. Investigator Garcia was retaliated against jointly by Sheriff Dorning,
Chief Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman
Strong, the Sheriffs Office, Madison County, and the Commission for
complaining about, reporting, and opposing the sexual discrimination, the sexual
harassment, the sexually hostile working environment, the racial discrimination,
Page 54 of 625
the racial harassment, and the racially hostile working environment and for trying
to seek help all of which violated Investigator Garcias Fourteenth Amendment
rights and protections and her rights and protections under Title VII and 1981 and
which deprived Investigator Garcia of those rights and protections all of which
were clearly-established constitutional law and federally protected rights at the
time the adverse employment action was taken against Investigator Garcia and of
which a reasonable person/reasonable official would have known or should have
G. CLAIMS BASED ON SEX AND RETALIATION
COUNT I
(CLAIMS BASED ON SEX AND RETALIATION)
CLAIMS OF SEXUAL HARASSMENT, A SEXUALLY HOSTILE
WORKING ENVIRONMENT, SEXUAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII AND THE FOURTEENTH
AMENDMENT AGAINST SHERIFF BLAKE L. DORNING IN HIS
OFFICIAL CAPACITY AS SHERIFF OF MADISON COUNTY,
ALABAMA
(ASSERTED VIA 42 U.S.C. 1983)
103. Investigator Garcia realleges and incorporates by reference paragraphs
1 through 102 above with the same force and effect as if fully set out in specific
detail herein below.
104. As set forth above, Investigator Garcia was willfully and/or
maliciously and/or with reckless disregard and/or deliberate indifference sexually
Page 55 of 625
harassed, discriminated against based on sex, and subjected to a sexually hostile
work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry,
Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the
Sheriffs Office, Madison County, and the Commission jointly thereby
discriminating against Investigator Garcia on the basis of sex with respect to the
terms, conditions, and privileges of her employment in violation of Title VII and
the equal protection of the laws, the Fourteenth Amendment, through the vehicle of
42 U.S.C. 1983.
105. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Lt. Chaffins Cpt.
Berrys, Cpt. Salomonskys, Director Howells, Deputy Director Florys,
Chairman Strongs, the Sheriffs Offices, Madison Countys, and the
Commissions joint decisions regarding the adverse employment actions taken
against Investigator Garcia not only instigated, but ratified, confirmed, and
affirmed such unlawful discrimination and retaliation against Investigator Garcia.
106. Sheriff Dornings, Cpt. Berrys, Cpt. Salomonskys, Director
Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs Offices,
Madison Countys, and the Commissions joint adverse employment actions taken
against Investigator Garcia enabled former Chief Deputy Sheriff Jernigans and Lt.
Chaffins unlawful discriminatory behavior and retaliation against Investigator
Garcia by ratifying, confirming, and affirming Chief Deputy Sheriff and Lt.
Page 56 of 625
Chaffins unlawful behavior by not stopping and/or preventing Chief Deputy
Sheriffs Jernigans unlawful behavior against Investigator Garcia.
107. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.
Salomonsky, Director Howell, Deputy Director Flory, Chairman Strong, the
Sheriffs Office, Madison County, and the Commission ratified, confirmed, and
affirmed the unlawful behavior described above by not investigating and/or by not
adequately investigating Investigator Garcias complaints and reports of such
unlawful behavior and by subjecting Investigator Garcia to disparate disciplinary
treatment.
Sheriffs Office, Madison County, and the Commission enabled such unlawful
behavior by ratifying, confirming, and affirming such unlawful behavior and by
not stopping and/or preventing such unlawful behavior.
109. Moreover, in retaliation for her opposition to and complaints of sexual
discrimination, sexual harassment, and a sexually hostile working environment,
Investigator Garcia was retaliated against by Sheriff Dorning, Chief Deputy Sheriff
Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory,
Chairman Strong, the Sheriffs Office, Madison County, and the Commission as
shown by the adverse employment actions taken against her which are set forth
Page 57 of 625
above.
110. Garcia made reasonable and good faith complaints and reports of sex
discrimination, her being sexually harassed and working in a sexually hostile
working environment in the Sheriffs Office to multiple levels of supervision and
management.
111. Thereafter, in response to her complaints and reports of sexual
discrimination, sexual harassment and working in a sexually hostile working
environment, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.
Sheriffs Office, Madison County, and the Commission jointly subjected
Investigator Garcia to ongoing acts of retaliation, as set out above. Sheriff Dorning,
Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell,
and the Commission jointly subjected Investigator Garcia to an unlawful
retaliatory hostile environment.
Sheriffs Office, Madison County, and the Commission have jointly violated the
proscriptions against retaliation, sexual harassment, sexual discrimination, and a
sexually hostile working environment found in Title VII and the equal protection
Page 58 of 625
of the laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.
Sheriffs Office, Madison County, and the Commission failed to take effective
remedial action to end the sexual discrimination, sexual harassment, and the
sexually hostile working environment in the Sheriffs Office as well as the
retaliatory hostile environment they created for Investigator Garcia, and instead the
retaliatory hostile environment continued and escalated with Investigator Garcias
being retaliated against in response to her complaints, reports, and opposition.
These ongoing acts of retaliation and adverse employment actions are set forth
above.
114. The joint unlawful conduct of Sheriff Dorning, Chief Deputy Sheriff
described above was done with malice and/or reckless disregard of and/or
deliberate indifference to Investigator Garcias federally protected rights.
115. Investigator Garcia suffered damages as a proximate result of these
violations, which were caused by governmental policy and/or custom with
deliberate indifference to Investigator Garcias rights and/or deliberate indifference
to those violations.
Page 59 of 625
116. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.
Salomonskys, Director Howells, Deputy Director Florys, Chairman Strongs, the
Sheriffs Offices, Madison Countys, and the Commissions conduct as described
above caused and is still causing Investigator Garcia emotional distress, mental
anguish, loss of enjoyment of life, inconvenience, and humiliation.
117. Investigator Garcia has been further damaged in that she has lost
income and benefits, both past and future.
118. Investigator Garcia has no plain, adequate, or complete remedy at law
to redress the wrongs alleged herein and this suit for back-pay, front pay,
injunctive relief, and compensatory damages, punitive damages, and a declaratory
judgment is her only means of securing adequate relief.
119. Investigator Garcia is suffering and will continue to suffer irreparable
injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Cpt. Berrys, Cpt.
Sheriffs Offices, Madison Countys, and the Commissions unlawful conduct as
set forth herein unless enjoined by this Court.
COUNT II
INDIVIDUAL CAPACITY
Page 60 of 625
42 U.S.C. 1983.
Sheriffs Offices, Madison Countys, and the Commissions joint decisions
regarding the adverse employment actions taken against Investigator Garcia not
only instigated, but ratified, confirmed, and affirmed such unlawful discrimination
and retaliation against Investigator Garcia.

Page 61 of 625
Garcia by ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans
unlawful behavior by not stopping and/or preventing Chief Deputy Sheriffs
Jernigans unlawful behavior against Investigator Garcia.
treatment.
Page 62 of 625
Jernigan, Lt. Chaffin, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy
Commission as shown by the adverse employment actions taken against her which
are set forth above.
management.
Page 63 of 625
above.
Page 64 of 625
134. Sheriff Dorning, in his individual capacity, is not afforded immunity
protection because, as stated above, a reasonable official/person in his respective
position would have known, or should have known, that his actions would violate a
constitutional right and/or statutory right that was clearly established at the time
of the violations described herein.
Page 65 of 625
COUNT III
AMENDMENT AGAINST CHIEF DEPUTY SHERIFF DAVID K.
JERNIGAN IN HIS OFFICIAL CAPACITY AS CHIEF DEPUTY SHERIFF
OF MADISON COUNTY, ALABAMA
Page 66 of 625
42 U.S.C. 1983.
Garcia by ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans and
Lt. Chaffins unlawful behavior by not stopping and/or preventing Chief Deputy
Page 67 of 625
treatment.
Jernigan, Lt. Chaffin, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy
Page 68 of 625
management.
Page 69 of 625
above.
Page 70 of 625
COUNT IV
AMENDMENT AGAINST CHIEF DEPUTY SHERIFF DAVID K.
JERNIGAN IN HIS INDIVIDUAL CAPACITY

Page 71 of 625
42 U.S.C. 1983.
Page 72 of 625
Garcia by ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans and
Lt. Chaffins unlawful behavior by not stopping and/or preventing Chief Deputy
treatment.
Page 73 of 625
above.
management.
Investigator Garcia to ongoing acts of retaliation, as set out above.
Investigator Garcia to an unlawful retaliatory hostile environment.
Page 74 of 625
above.
Page 75 of 625
170. Chief Deputy Sheriff Jernigan, in his individual capacity, is not
afforded immunity protection because, as stated above, a reasonable official/person
in his respective position would have known, or should have known, that his
actions would violate a constitutional right and/or statutory right that was clearly
established at the time of the violations described herein.
Page 76 of 625
COUNT V
AMENDMENT AGAINST CAPTAIN CHARLES BERRY IN HIS
OFFICIAL CAPACITY AS A CAPTAIN IN THE SHERIFFS OFFICE OF
MADISON COUNTY, ALABAMA
42 U.S.C. 1983.
Page 77 of 625
against Investigator Garcia enabled former Chief Deputy Sheriff Jernigans
unlawful discriminatory behavior and retaliation against Investigator Garcia by
ratifying, confirming, and affirming Chief Deputy Sheriff Jernigans unlawful
behavior by not stopping and/or preventing Chief Deputy Sheriffs Jernigans
unlawful behavior against Investigator Garcia.
Page 78 of 625
treatment.
above.
management.
Page 79 of 625
Page 80 of 625
above.
Page 81 of 625
COUNT VI
AMENDMENT AGAINST CAPTAIN CHARLES BERRY IN HIS
INDIVIDUAL CAPACITY
Page 82 of 625
42 U.S.C. 1983.
Page 83 of 625
treatment.
above.
Page 84 of 625
management.
Page 85 of 625
above.
Page 86 of 625
205. Cpt. Berry, in his individual capacity, is not afforded immunity
COUNT VII
Page 87 of 625

AMENDMENT AGAINST CAPTAIN MICHAEL SALOMONSKY IN HIS
OFFICIAL CAPACITY AS A CAPTAIN IN THE SHERIFFS OFFICE OF
MADISON COUNTY, ALABAMA
42 U.S.C. 1983.
Page 88 of 625
treatment.
Page 89 of 625
above.
management.
Page 90 of 625
above.
Page 91 of 625
Page 92 of 625
COUNT VIII
AMENDMENT AGAINST CAPTAIN MICHAEL SALOMONSKY IN HIS
INDIVIDUAL CAPACITY
Page 93 of 625
42 U.S.C. 1983.
Page 94 of 625
treatment.
above.
management.
Page 95 of 625
Page 96 of 625
above.
240. Cpt. Salomonsky, in his individual capacity, is not afforded immunity
Page 97 of 625
COUNT IX
AMENDMENT AGAINST THE SHERIFFS OFFICE OF MADISON
COUNTY, ALABAMA
Page 98 of 625
245. The Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the
Commissions policies and procedures for their employees to follow, to which
Sheriff Dorning and the Sheriffs Office agreed to be bound by and to follow,
regarding complaining about and reporting harassment are, in pertinent part:


Page 99 of 625
Dorning as their official policy and custom, and which was in effect and applicable
at all times material to this case, provided, in pertinent part:
Page 71 Section 4.


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Handbook was adopted, ratified, confirmed, and followed by the Sheriffs Office
and Sheriff Dorning, Madison County, and the Commission as their official policy
and custom which states:

Page 100 of 625

employment.
Page 101 of 625
42 U.S.C. 1983.
Page 102 of 625
treatment.
above.
management.
Page 103 of 625
Page 104 of 625
above.
Page 105 of 625
COUNT X
AMENDMENT AGAINST MADISON COUNTY, ALABAMA
Page 106 of 625


Page 71 Section 4.
Page 107 of 625

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Page 108 of 625

employment.
Page 109 of 625
42 U.S.C. 1983.
Page 110 of 625
treatment.
above.
management.
Page 111 of 625
Page 112 of 625
above.
Page 113 of 625
COUNT XI
AMENDMENT AGAINST THE MADISON COUNTY, ALABAMA
COMMISSION

Page 114 of 625



Page 71 Section 4.
Page 115 of 625

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Page 116 of 625

employment.
42 U.S.C. 1983.
Page 117 of 625
Page 118 of 625
treatment.
above.
management.
Page 119 of 625
Page 120 of 625
above.
Page 121 of 625
COUNT XII
AMENDMENT AGAINST CHAIRMAN DALE W. STRONG IN HIS
OFFICIAL CAPACITY AS CHAIRMAN OF THE MADISON COUNTY,
ALABAMA COMMISSION
Page 122 of 625


Page 71 Section 4.

Page 123 of 625

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Page 124 of 625

employment.
42 U.S.C. 1983.
Page 125 of 625
treatment.
Page 126 of 625
above.
management.
Page 127 of 625
Page 128 of 625
above.
Page 129 of 625
COUNT XIII
AMENDMENT AGAINST CHAIRMAN DALE W. STRONG IN HIS
INDIVIDUAL CAPACITY

Page 130 of 625



Page 71 Section 4.
Page 131 of 625

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3492

Page 132 of 625

employment.
42 U.S.C. 1983.
Page 133 of 625
treatment.
Page 134 of 625
above.
management.
Page 135 of 625
above.
Page 136 of 625
336. Dale W. Strong, in his individual capacity, is not afforded immunity
Page 137 of 625
COUNT XIV
AMENDMENT AGAINST COMMISSIONER ROGER JONES IN HIS
OFFICIAL CAPACITY AS A COMMISSIONER OF THE MADISON
COUNTY, ALABAMA COMMISSION
Page 138 of 625


Page 71 Section 4.
Page 139 of 625


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Page 140 of 625

employment.
work environment by Commissioner Jones, Sheriff Dorning, Chief Deputy Sheriff
Chairman Strong, the Sheriffs Office, Madison County, and the Commission
jointly thereby discriminating against Investigator Garcia on the basis of sex with
respect to the terms, conditions, and privileges of her employment in violation of
Title VII and the equal protection of the laws, the Fourteenth Amendment, through
Page 141 of 625
the vehicle of 42 U.S.C. 1983.
344. Commissioner Jones, Sheriff Dornings, Chief Deputy Sheriff
Jernigans, Cpt. Berrys, Cpt. Salomonskys, Director Howells, Deputy Director
Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and the
345. Commissioner Jones, Sheriff Dornings, Cpt. Berrys, Cpt.
Sheriffs Offices, Madison Countys, and the Commissions joint adverse
employment actions taken against Investigator Garcia enabled former Chief
Deputy Sheriff Jernigans unlawful discriminatory behavior and retaliation against
Investigator Garcia by ratifying, confirming, and affirming Chief Deputy Sheriff
Jernigans unlawful behavior by not stopping and/or preventing Chief Deputy
346. Commissioner Jones, Sheriff Dorning, Chief Deputy Sheriff Jernigan,
Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman
Strong, the Sheriffs Office, Madison County, and the Commission ratified,
confirmed, and affirmed the unlawful behavior described above by not
investigating and/or by not adequately investigating Investigator Garcias
Page 142 of 625
complaints and reports of such unlawful behavior and by subjecting Investigator
Garcia to disparate disciplinary treatment.
Strong, the Sheriffs Office, Madison County, and the Commission enabled such
unlawful behavior by ratifying, confirming, and affirming such unlawful behavior
and by not stopping and/or preventing such unlawful behavior.
Investigator Garcia was retaliated against by Commissioner Jones, Sheriff
Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director
Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison
County, and the Commission as shown by the adverse employment actions taken
against her which are set forth above.
management.
Page 143 of 625
environment, Commissioner Jones, Sheriff Dorning, Chief Deputy Sheriff
jointly subjected Investigator Garcia to ongoing acts of retaliation, as set out
above. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry, Cpt.
Strong, the Sheriffs Office, Madison County, and the Commission have jointly
violated the proscriptions against retaliation, sexual harassment, sexual
discrimination, and a sexually hostile working environment found in Title VII and
42 U.S.C. 1983.
Strong, the Sheriffs Office, Madison County, and the Commission failed to take
effective remedial action to end the sexual discrimination, sexual harassment, and
the sexually hostile working environment in the Sheriffs Office as well as the
Page 144 of 625
above.
353. The joint unlawful conduct of Commissioner Jones, Sheriff Dorning,
and the Commission as described above was done with malice and/or reckless
disregard of and/or deliberate indifference to Investigator Garcias federally
protected rights.
Commissions conduct as described above caused and is still causing Investigator
Garcia emotional distress, mental anguish, loss of enjoyment of life,
Page 145 of 625
inconvenience, and humiliation.
injury from Commissioner Jones, Sheriff Dornings, Chief Deputy Sheriff
Commissions unlawful conduct as set forth herein unless enjoined by this Court.
COUNT XV
AMENDMENT AGAINST COMMISSIONER ROGER JONES IN HIS
INDIVIDUAL CAPACITY
Page 146 of 625


Page 147 of 625
Page 71 Section 4.

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3492
Page 148 of 625
employment.

Page 149 of 625
364. Commissioner Jones, Sheriff Dornings, Cpt. Berrys, Cpt.
Page 150 of 625
management.
Page 151 of 625
environment, Commissioner Jones, Sheriff Dorning, Chief Deputy Sheriff
above. Commissioner Jones, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt.
Berry, Cpt. Salomonsky, Director Howell, Deputy Director Flory, Chairman
Strong, the Sheriffs Office, Madison County, and the Commission jointly
subjected Investigator Garcia to an unlawful retaliatory hostile environment.
42 U.S.C. 1983.
Page 152 of 625
above.
protected rights.
Page 153 of 625
375. Commissioner Jones, in his individual capacity, is not afforded
immunity protection because, as stated above, a reasonable official/person in his
respective position would have known, or should have known, that his actions
would violate a constitutional right and/or statutory right that was clearly
COUNT XVI
Page 154 of 625

AMENDMENT AGAINST COMMISSIONER STEVE HARAWAY IN HIS


Page 155 of 625
Page 71 Section 4.

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Page 156 of 625

3492

employment.
Page 157 of 625
work environment by Commissioner Haraway, Sheriff Dorning, Chief Deputy
Sheriff Jernigan, Cpt. Berry, Cpt. Salomonsky, Director Howell, Deputy Director
Flory, Chairman Strong, the Sheriffs Office, Madison County, and the
Commission jointly thereby discriminating against Investigator Garcia on the basis
of sex with respect to the terms, conditions, and privileges of her employment in
violation of Title VII and the equal protection of the laws, the Fourteenth
Amendment, through the vehicle of 42 U.S.C. 1983.
383. Commissioner Haraways, Sheriff Dornings, Chief Deputy Sheriff
Jernigans, Cpt. Berry, Cpt. Salomonsky, Director Howells, Deputy Director
384. Commissioner Haraways, Sheriff Dornings, Cpt. Berrys, Cpt.
Page 158 of 625
385. Commissioner Haraway, Sheriff Dorning, Chief Deputy Sheriff
ratified, confirmed, and affirmed the unlawful behavior described above by not
enabled such unlawful behavior by ratifying, confirming, and affirming such
unlawful behavior and by not stopping and/or preventing such unlawful behavior.
Investigator Garcia was retaliated against by Commissioner Haraway, Sheriff
Page 159 of 625
management.
environment, Commissioner Haraway, Sheriff Dorning, Chief Deputy Sheriff
above. Commissioner Haraway, Sheriff Dorning, Chief Deputy Sheriff Jernigan,
Chairman Strong, the Sheriffs Office, Madison County, and the Commission have
Page 160 of 625
jointly violated the proscriptions against retaliation, sexual harassment, sexual
42 U.S.C. 1983.
failed to take effective remedial action to end the sexual discrimination, sexual
harassment, and the sexually hostile working environment in the Sheriffs Office
as well as the retaliatory hostile environment they created for Investigator Garcia,
and instead the retaliatory hostile environment continued and escalated with
Investigator Garcias being retaliated against in response to her complaints,
reports, and opposition. These ongoing acts of retaliation and adverse employment
actions are set forth above.
392. The joint unlawful conduct of Commissioner Haraway, Sheriff
County, and the Commission as described above was done with malice and/or
reckless disregard of and/or deliberate indifference to Investigator Garcias
federally protected rights.
Page 161 of 625
injury from Commissioner Haraways, Sheriff Dornings, Chief Deputy Sheriff
Page 162 of 625
COUNT XVII
AMENDMENT AGAINST COMMISSIONER STEVE HARAWAY IN HIS
INDIVIDUAL CAPACITY

Page 163 of 625


Page 71 Section 4.

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Page 164 of 625

3492

employment.
Page 165 of 625

403. Commissioner Haraways, Sheriff Dornings, Cpt. Berrys, Cpt.

Page 166 of 625
Page 167 of 625
management.
environment, Commissioner Haraway, Sheriff Dorning, Chief Deputy Sheriff
above. Commissioner Haraway, Sheriff Dorning, Chief Deputy Sheriff Jernigan,
Page 168 of 625
42 U.S.C. 1983.
Page 169 of 625
414. Commissioner Haraway, in his individual capacity, is not afforded
Page 170 of 625
injury from Commissioner Haraways Sheriff Dornings, Chief Deputy Sheriff
COUNT XVIII
AMENDMENT AGAINST COMMISSIONER CRAIG HILL IN HIS
Page 171 of 625


Page 71 Section 4.

Page 172 of 625
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Page 173 of 625

employment.
work environment by Commissioner Hill, Sheriff Dorning, Chief Deputy Sheriff
422. Commissioner Hills, Sheriff Dornings, Chief Deputy Sheriff
Page 174 of 625
423. Commissioner Hills, Sheriff Dornings, Cpt. Berrys, Cpt.
424. Commissioner Hill, Sheriff Dorning, Chief Deputy Sheriff Jernigan,
Page 175 of 625
Investigator Garcia was retaliated against by Commissioner Hill, Sheriff Dorning,
and the Commission as shown by the adverse employment actions taken against
her which are set forth above.
management.
environment, Commissioner Hill, Sheriff Dorning, Chief Deputy Sheriff Jernigan,
Page 176 of 625
subjected Investigator Garcia to ongoing acts of retaliation, as set out above.
Commissioner Hill, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry,
42 U.S.C. 1983.
Page 177 of 625
above.
431. The joint unlawful conduct of Commissioner Hill, Sheriff Dorning,
protected rights.
Page 178 of 625
injury from Commissioner Hills, Sheriff Dornings, Chief Deputy Sheriff
COUNT XIX
AMENDMENT AGAINST COMMISSIONER CRAIG HILL IN HIS
INDIVIDUAL CAPACITY

Page 179 of 625



Page 71 Section 4.

Page 180 of 625

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Page 181 of 625

employment.
Page 182 of 625
442. Commissioner Hills, Sheriff Dornings, Cpt. Berrys, Cpt.
Page 183 of 625
management.
environment, Commissioner Hill, Sheriff Dorning, Chief Deputy Sheriff Jernigan,
Page 184 of 625
Commissioner Hill, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Cpt. Berry,
42 U.S.C. 1983.
Page 185 of 625
above.
protected rights.
453. Commissioner Hill, in his individual capacity, is not afforded
Page 186 of 625
COUNT XX
AMENDMENT AGAINST COMMISSIONER PHIL VANDIVER IN HIS
Page 187 of 625


Page 188 of 625
Page 71 Section 4.

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Page 189 of 625

employment.
work environment by Commissioner Vandiver, Sheriff Dorning, Chief Deputy
Page 190 of 625
461. Commissioner Vandivers, Sheriff Dornings, Chief Deputy Sheriff
Jernigans, Cpt. Berry, Cpt. Salomonsky, Director Howells, Deputy Director
462. Commissioner Vandivers, Sheriff Dornings, Cpt. Berrys, Cpt.
Page 191 of 625
463. Commissioner Vandiver, Sheriff Dorning, Chief Deputy Sheriff
Investigator Garcia was retaliated against by Commissioner Vandiver, Sheriff
Page 192 of 625
management.
environment, Commissioner Vandiver, Sheriff Dorning, Chief Deputy Sheriff
above. Commissioner Vandiver, Sheriff Dorning, Chief Deputy Sheriff Jernigan,
42 U.S.C. 1983.
Page 193 of 625
470. The joint unlawful conduct of Commissioner Vandiver, Sheriff
Page 194 of 625
injury from Commissioner Vandivers, Sheriff Dornings, Chief Deputy Sheriff
COUNT XXI
Page 195 of 625
AMENDMENT AGAINST COMMISSIONER PHIL VANDIVER IN HIS

INDIVIDUAL CAPACITY




Page 196 of 625
Page 71 Section 4.

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3492
Page 197 of 625

employment.
Page 198 of 625
481. Commissioner Vandivers, Sheriff Dornings, Cpt. Berrys, Cpt.
Page 199 of 625
Page 200 of 625
Discrimination, her being sexually harassed and working in a sexually hostile
management.
environment, Commissioner Vandiver, Sheriff Dorning, Chief Deputy Sheriff
above. Commissioner Vandiver, Sheriff Dorning, Chief Deputy Sheriff Jernigan,
Page 201 of 625
42 U.S.C. 1983.
Page 202 of 625
492. Commissioner Vandiver, in his individual capacity, is not afforded
Page 203 of 625
COUNT XXII
AMENDMENT AGAINST COMMISSIONER PHIL RIDDICK IN HIS

Page 204 of 625


Page 71 Section 4.

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Page 205 of 625
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3492

Page 206 of 625

employment.
work environment by Commissioner Riddick, Sheriff Dorning, Chief Deputy
500. Commissioner Riddicks, Sheriff Dornings, Chief Deputy Sheriff
Page 207 of 625
501. Commissioner Riddicks, Sheriff Dornings, Cpt. Berrys, Cpt.
502. Commissioner Riddick, Sheriff Dorning, Chief Deputy Sheriff
Page 208 of 625
Investigator Garcia was retaliated against by Commissioner Riddick, Sheriff
management.
environment, Commissioner Riddick, Sheriff Dorning, Chief Deputy Sheriff
above. Commissioner Riddick, Sheriff Dorning, Chief Deputy Sheriff Jernigan,
Page 209 of 625
42 U.S.C. 1983.
509. The joint unlawful conduct of Commissioner Riddick, Sheriff
Page 210 of 625
Page 211 of 625
injury from Commissioner Riddicks, Sheriff Dornings, Chief Deputy Sheriff
COUNT XXIII
AMENDMENT AGAINST PHIL RIDDICK IN HIS
INDIVIDUAL CAPACITY
Page 212 of 625


Page 71 Section 4.

Page 213 of 625
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Page 214 of 625

employment.
Page 215 of 625
520. Commissioner Riddicks, Sheriff Dornings, Cpt. Berrys, Cpt.
Page 216 of 625
management.
environment, Commissioner Riddick, Sheriff Dorning, Chief Deputy Sheriff
Page 217 of 625
above. Commissioner Riddick, Sheriff Dorning, Chief Deputy Sheriff Jernigan,
42 U.S.C. 1983.
Page 218 of 625
531. Commissioner Riddick, in his individual capacity, is not afforded
immunityprotection because, as stated above, a reasonable official/person in his
Page 219 of 625
COUNT XXIV
AMENDMENT AGAINST DIRECTOR JERMIE HOWELL IN HIS
OFFICIAL CAPACITY AS DIRECTOR OF THE PERSONNEL/HUMAN
RESOURCES DEPARTMENT OF MADISON COUNTY, ALABAMA
Page 220 of 625


Page 221 of 625
Page 71 Section 4.

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3492
Page 222 of 625

employment.
Page 223 of 625
42 U.S.C. 1983.
Page 224 of 625
treatment.
above.
Page 225 of 625
management.
Page 226 of 625
above.
Page 227 of 625
COUNT XXV
AMENDMENT AGAINST DIRECTOR JERMIE HOWELL IN HIS
INDIVIDUAL CAPACITY
Page 228 of 625



Page 71 Section 4.
Page 229 of 625

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Page 230 of 625

employment.
Page 231 of 625
42 U.S.C. 1983.
Page 232 of 625
treatment.
above.
management.
Page 233 of 625
and the Commission jointly
Page 234 of 625
above.
570. Director Howell, in his individual capacity, is not afforded immunity
Page 235 of 625
COUNT XXVI
AMENDMENT AGAINST DEPUTY DIRECTOR PAM FLORY IN HER
OFFICIAL CAPACITY AS DEPUTY DIRECTOR OF THE
PERSONNEL/HUMAN RESOURCES DEPARTMENT OF MADISON
COUNTY, ALABAMA

Page 236 of 625


Page 237 of 625
Page 71 Section 4.

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Page 238 of 625

employment.
Page 239 of 625
42 U.S.C. 1983.
Page 240 of 625
treatment.
above.
Page 241 of 625
management.
Page 242 of 625
above.
Page 243 of 625
COUNT XXVII
INDIVIDUAL CAPACITY

Page 244 of 625




Page 245 of 625
Page 71 Section 4.

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3492
Page 246 of 625
employment.
Page 247 of 625
42 U.S.C. 1983.
Page 248 of 625
treatment.
above.
management.
Page 249 of 625
and the Commission jointly
Page 250 of 625
above.
609. Deputy Director Flory, in her individual capacity, is not afforded
Page 251 of 625
immunity protection because, as stated above, a reasonable official/person in her
respective position would have known, or should have known, that her actions
H. CLAIMS BASED ON RACE AND RETALIATION
COUNT XXVIII
(CLAIMS BASED ON RACE AND RETALIATION)
RACIAL HARASSMENT, A RACIALLY HOSTILE WORKING
ENVIRONMENT, RACIAL DISCRIMINATION, AND RETALIATION IN
VIOLATION OF TITLE VII, 1981, AND THE FOURTEENTH
ALABAMA
Page 252 of 625
maliciously and/or with reckless disregard and/or deliberate indifference racially
harassed, discriminated against based on race, and subjected to a racially hostile
work environment by Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director
County, and the Commission jointly thereby discriminating against Investigator
Garcia on the basis of race with respect to the terms, conditions, and privileges of
her employment in violation of Title VII, 1981, and the equal protection of the
laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.
615. Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director
Madison Countys, and the Commissions joint decisions regarding the adverse
employment actions taken against Investigator Garcia not only instigated, but
ratified, confirmed, and affirmed such unlawful discrimination and retaliation
against Investigator Garcia.
616. Sheriff Dornings, Director Howells, Deputy Director Florys,
Page 253 of 625
Commissions joint adverse employment actions taken against Investigator Garcia
enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory behavior
and retaliation against Investigator Garcia by ratifying, confirming, and affirming
Chief Deputy Sheriff Jernigans unlawful behavior by not stopping and/or
preventing Chief Deputy Sheriffs Jernigans unlawful behavior against
Investigator Garcia.
617. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman
619. Moreover, in retaliation for her opposition to and complaints of racial
discrimination, racial harassment, and a racially hostile working environment,
Investigator Garcia was retaliated against by Sheriff Dorning, Director Howell,
Page 254 of 625
620. Garcia made reasonable and good faith complaints and reports of
racial discrimination, her being racially harassed and working in a racially hostile
management.
621. Thereafter, in response to her complaints and reports of racial
discrimination, racial harassment and working in a racially hostile working
environment, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman
Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman Strong, the
violated the proscriptions against retaliation, racial harassment, discrimination, and
a racially hostile working environment found in Title VII, 1981, and the equal
protection of the laws, the Fourteenth Amendment, through the vehicle of 42
Page 255 of 625
U.S.C. 1983.
effective remedial action to end the racial discrimination, racial harassment, and
the racially hostile working environment in the Sheriffs Office as well as the
above.
Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs
Office, Madison County, and the Commission as described above was done with
malice and/or reckless disregard of and/or deliberate indifference to Investigator
Garcias federally protected rights.
Page 256 of 625
Madison Countys, and the Commissions conduct as described above caused and
is still causing Investigator Garcia emotional distress, mental anguish, loss of
enjoyment of life, inconvenience, and humiliation.
injury from Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director Howells,
Deputy Director Florys, Chairman Strongs, the Sheriffs Offices, Madison
Countys, and the Commissions unlawful conduct as set forth herein unless
enjoined by this Court.
COUNT XXIX
CLAIMS OF RACIAL HARASSMENT, A RACIALLY HOSTILE
WORKING ENVIRONMENT, RACIAL DISCRIMINATION, AND
RETALIATION IN VIOLATION OF TITLE VII, 1981, AND THE
FOURTEENTH AMENDMENT AGAINST SHERIFF BLAKE L. DORNING
IN HIS INDIVIDUAL CAPACITY

Page 257 of 625
Page 258 of 625
Page 259 of 625
management.
U.S.C. 1983.
Page 260 of 625
above.
Page 261 of 625
COUNT XXX
Page 262 of 625

FOURTEENTH AMENDMENT AGAINST CHIEF DEPUTY SHERIFF
DAVID K. JERNIGAN IN HIS OFFICIAL CAPACITY AS CHIEF DEPUTY
SHERIFF OF MADISON COUNTY, ALABAMA
Page 263 of 625
Page 264 of 625
655. Investigator Garcia made reasonable and good faith complaints and
reports of racial discrimination, her being racially harassed and working in a
racially hostile working environment in the Sheriffs Office to multiple levels of
supervision and management.
environment, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director Howell,
and the Commission jointly subjected Investigator Garcia to ongoing acts of
retaliation, as set out above. Sheriff Dorning, Chief Deputy Sheriff Jernigan,
Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs Office,
Madison County, and the Commission jointly subjected Investigator Garcia to an
unlawful retaliatory hostile environment.
657. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director Howell,
Page 265 of 625
and the Commission have jointly violated the proscriptions against retaliation,
racial harassment, discrimination, and a racially hostile working environment
found in Title VII, 1981, and the equal protection of the laws, the Fourteenth
658. Sheriff Dorning, Chief Deputy Sheriff Jernign, Director Howell,
and the Commission failed to take effective remedial action to end the racial
discrimination, racial harassment, and the racially hostile working environment in
the Sheriffs Office as well as the retaliatory hostile environment they created for
Investigator Garcia, and instead the retaliatory hostile environment continued and
escalated with Investigator Garcias being retaliated against in response to her
complaints, reports, and opposition. These ongoing acts of retaliation and adverse
employment actions are set forth above.
Page 266 of 625
COUNT XXXII
Page 267 of 625

FOURTEENTH AMENDMENT AGAINST CHIEF DEPUTY SHERIFF
DAVID K. JERNIGAN IN HIS INDIVIDUAL CAPACITY

Page 268 of 625
enabled former Chief Deputy Sheriff Jernigans and Lt. Chaffins unlawful
discriminatory behavior and retaliation against Investigator Garcia by ratifying,
confirming, and affirming Chief Deputy Sheriff Jernigans and Lt. Chaffins
unlawful behavior by not stopping and/or preventing Chief Deputy Sheriffs
Jernigans unlawful behavior against Investigator Garcia.
Page 269 of 625
Office, Madison County, and the Commission as shown by the adverse
employment actions taken against her which are set forth above.
management.
environment, Sheriff Dorning, Chief Deputy Sheriff Jernigan, Lt. Chaffin, Director
County, and the Commission jointly subjected Investigator Garcia to ongoing acts
of retaliation, as set out above. Sheriff Dorning, Chief Deputy Sheriff Jernigan, lt.
Chaffin, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs
Office, Madison County, and the Commission jointly subjected Investigator Garcia
to an unlawful retaliatory hostile environment.
674. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Lt. Chaffin, Director
County, and the Commission have jointly violated the proscriptions against
Page 270 of 625
retaliation, racial harassment, discrimination, and a racially hostile working
environment found in Title VII, 1981, and the equal protection of the laws, the
Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.
675. Sheriff Dorning, Director Howell, Chief Deputy Sheriff Jernigan, Lt.
Chaffin, Deputy Director Flory, Chairman Strong, the Sheriffs Office, Madison
County, and the Commission failed to take effective remedial action to end the
racial discrimination, racial harassment, and the racially hostile working
environment in the Sheriffs Office as well as the retaliatory hostile environment
they created for Investigator Garcia, and instead the retaliatory hostile environment
continued and escalated with Investigator Garcias being retaliated against in
response to her complaints, reports, and opposition. These ongoing acts of
retaliation and adverse employment actions are set forth above.
Jernigan, Lt. Chaffin, Director Howell, Deputy Director Flory, Chairman Strong,
the Sheriffs Office, Madison County, and the Commission as described above was
done with malice and/or reckless disregard of and/or deliberate indifference to
Investigator Garcias federally protected rights.
Page 271 of 625
Page 272 of 625
COUNT XXXII
FOURTEENTH AMENDMENT AGAINST CAPTAIN CHARLES BERRY
IN HIS OFFICIAL CAPACITY
work environment by Captain Charles Berry (Cpt. Berry), Sheriff Dorning, Chief
Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman
Strong, the Sheriffs Office, Madison County, and the Commission jointly thereby
discriminating against Investigator Garcia on the basis of race with respect to the
terms, conditions, and privileges of her employment in violation of Title VII,
1981, and the equal protection of the laws, the Fourteenth Amendment, through
685. Cpt. Berrys, Sheriff Dornings, Chief Deputy Sheriff Jernigans,

Page 273 of 625
Director Howells, Deputy Director Florys, Chairman Strongs, the Sheriffs
Offices, Madison Countys, and the Commissions joint decisions regarding the
adverse employment actions taken against Investigator Garcia not only instigated,
but ratified, confirmed, and affirmed such unlawful discrimination and retaliation
686. Cpt. Berrys, Sheriff Dornings, Director Howells, Deputy Director
687. Cpt. Berry, Sheriff Dorning, Director Howell, Deputy Director Flory,
Page 274 of 625
Investigator Garcia was retaliated against by Cpt. Berry, Sheriff Dorning, Director
management.
environment, Cpt. Berry, Sheriff Dorning, Director Howell, Deputy Director Flory,
above. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman Strong,
the Sheriffs Office, Madison County, and the Commission jointly subjected
Page 275 of 625
jointly violated the proscriptions against retaliation, racial harassment,
discrimination, and a racially hostile working environment found in Title VII,
failed to take effective remedial action to end the racial discrimination, racial
harassment, and the racially hostile working environment in the Sheriffs Office as
well as the retaliatory hostile environment they created for Investigator Garcia, and
instead the retaliatory hostile environment continued and escalated with
694. The joint unlawful conduct of Cpt. Berry, Sheriff Dorning, Chief
Strong, the Sheriffs Office, Madison County, and the Commission as described
above was done with malice and/or reckless disregard of and/or deliberate
Page 276 of 625
indifference to Investigator Garcias federally protected rights.
Offices, Madison Countys, and the Commissions conduct as described above
caused and is still causing Investigator Garcia emotional distress, mental anguish,
loss of enjoyment of life, inconvenience, and humiliation.
injury from Cpt. Berrys, Sheriff Dornings, Chief Deputy Sheriff Jernigans,
Offices, Madison Countys, and the Commissions unlawful conduct as set forth
Page 277 of 625
herein unless enjoined by this Court.
COUNT XXXIV
FOURTEENTH AMENDMENT AGAINST CHARLES BERRY IN HIS
INDIVIDUAL CAPACITY
work environment by Cpt. Berry, Sheriff Dorning, Chief Deputy Sheriff Jernigan,
Madison County, and the Commission jointly thereby discriminating against
Investigator Garcia on the basis of race with respect to the terms, conditions, and
privileges of her employment in violation of Title VII, 1981, and the equal
U.S.C. 1983.

Page 278 of 625
Page 279 of 625
Investigator Garcia was retaliated against by Cpt. Berry, Sheriff Dorning, Director
management.
environment, Cpt. Berry, Sheriff Dorning, Director Howell, Deputy Director Flory,
Page 280 of 625
Page 281 of 625
Page 282 of 625
COUNT XXXIV
FOURTEENTH AMENDMENT AGAINST CAPTAIN MICHAEL
SALOMONSKY IN HIS OFFICIAL CAPACITY
work environment by Captain Michael Salomonsky (Cpt. Salomonsky) Sheriff
Dorning, Chief Deputy Sheriff Jernigan, Director Howell, Deputy Director Flory,
jointly thereby discriminating against Investigator Garcia on the basis of race with

Page 283 of 625
Title VII, 1981, and the equal protection of the laws, the Fourteenth Amendment,
through the vehicle of 42 U.S.C. 1983.
720. Cpt. Salomonskys, Sheriff Dornings, Chief Deputy Sheriff
Jernigans, Director Howells, Deputy Director Florys, Chairman Strongs, the
721. Cpt. Salomonskys, Sheriff Dornings, Director Howells, Deputy
Director Florys, Chairman Strongs, the Sheriffs Offices, Madison Countys, and
the Commissions joint adverse employment actions taken against Investigator
Garcia enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory
behavior and retaliation against Investigator Garcia by ratifying, confirming, and
affirming Chief Deputy Sheriff Jernigans unlawful behavior by not stopping
and/or preventing Chief Deputy Sheriffs Jernigans unlawful behavior against
722. Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy Director
Commission ratified, confirmed, and affirmed the unlawful behavior described
above by not investigating and/or by not adequately investigating Investigator
Page 284 of 625
Garcias complaints and reports of such unlawful behavior and by subjecting
Investigator Garcia to disparate disciplinary treatment.
Commission enabled such unlawful behavior by ratifying, confirming, and
affirming such unlawful behavior and by not stopping and/or preventing such
unlawful behavior.
Investigator Garcia was retaliated against by Cpt. Salomonsky, Sheriff Dorning,
Madison County, and the Commission as shown by the adverse employment
actions taken against her which are set forth above.
management.
environment, Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy Director
Page 285 of 625
Commission jointly subjected Investigator Garcia to ongoing acts of retaliation, as
set out above. Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy
Commission jointly subjected Investigator Garcia to an unlawful retaliatory hostile
environment.
Commission have jointly violated the proscriptions against retaliation, racial
harassment, discrimination, and a racially hostile working environment found in
Commission failed to take effective remedial action to end the racial
Page 286 of 625
729. The joint unlawful conduct of Cpt. Salomonsky, Sheriff Dorning,
Page 287 of 625
injury from Cpt. Salomonskys, Sheriff Dornings, Chief Deputy Sheriff
COUNT XXXV
FOURTEENTH AMENDMENT AGAINST MICHAEL SALOMONSKY IN
HIS INDIVIDUAL CAPACITY
work environment by Cpt. Salomonsky, Sheriff Dorning, Chief Deputy Sheriff
Office, Madison County, and the Commission jointly thereby discriminating
against Investigator Garcia on the basis of race with respect to the terms,
Page 288 of 625
conditions, and privileges of her employment in violation of Title VII, 1981, and
42 U.S.C. 1983.
Page 289 of 625
unlawful behavior.
Investigator Garcia was retaliated against by Cpt. Salomonsky, Sheriff Dorning,
management.
Page 290 of 625
environment, Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy Director
set out above. Cpt. Salomonsky, Sheriff Dorning, Director Howell, Deputy
environment.
Page 291 of 625
Page 292 of 625
COUNT XXXVI
FOURTEENTH AMENDMENT AGAINST THE SHERIFFS OFFICE
Page 293 of 625
Page 294 of 625
Page 295 of 625
management.
U.S.C. 1983.
Page 296 of 625
above.
Page 297 of 625
COUNT XXXVII
FOURTEENTH AMENDMENT AGAINST MADISON COUNTY,
ALABAMA

Page 298 of 625
Page 299 of 625
management.
Page 300 of 625
U.S.C. 1983.
Page 301 of 625
above.
Page 302 of 625
COUNT XXXVIII
FOURTEENTH AMENDMENT AGAINST THE MADISON COUNTY,
ALABAMA COMMISSION
Page 303 of 625
Page 304 of 625
management.
Page 305 of 625
U.S.C. 1983.
Page 306 of 625
above.
Page 307 of 625
COUNT XXXIX
FOURTEENTH AMENDMENT AGAINST CHAIRMAN DALE W.
STRONG IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE
MADISON COUNTY, ALABAMA COMMISSION
Page 308 of 625



Page 71 Section 4.
Page 309 of 625

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Page 310 of 625

employment.
Page 311 of 625
preventing Chief Deputy Sheriff Jernigans unlawful behavior against Investigator
Garcia.
Page 312 of 625
management.
Page 313 of 625
U.S.C. 1983.
above.
Page 314 of 625
COUNT XL
Page 315 of 625

FOURTEENTH AMENDMENT AGAINST DALE W. STRONG IN HIS
INDIVIDUAL CAPACITY



Page 316 of 625
Page 71 Section 4.
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Page 317 of 625

3492

employment.
Page 318 of 625
Howell, Deputy Director Flory, Dale W. Strong (Strong), the Sheriffs Office,
Investigator Garcia on the basis of race with respect to the terms, conditions, and
privileges of her employment in violation of Title VII, 1981, and the equal
U.S.C. 1983.
Howells, Deputy Director Florys, Strongs, the Sheriffs Offices, Madison
Countys, and the Commissions joint decisions regarding the adverse employment
actions taken against Investigator Garcia not only instigated, but ratified,
confirmed, and affirmed such unlawful discrimination and retaliation against
Strongs, the Sheriffs Offices, Madison Countys, and the Commissions joint
adverse employment actions taken against Investigator Garcia enabled former
Chief Deputy Sheriff Jernigans unlawful discriminatory behavior and retaliation

Page 319 of 625
against Investigator Garcia by ratifying, confirming, and affirming Chief Deputy
Sheriff Jernigans unlawful behavior by not stopping and/or preventing Chief
Deputy Sheriffs Jernigans unlawful behavior against Investigator Garcia.
8299999. Sheriff Dorning, Director Howell, Deputy Director Flory,
830. Sheriff Dorning, Director Howell, Deputy Director Flory, Strong, the
Deputy Director Flory, Strong, the Sheriffs Office, Madison County, and the
Page 320 of 625
management.
environment, Sheriff Dorning, Director Howell, Deputy Director Flory, Strong, the
Madison County, and the Commission jointly subjected Investigator Garcia to an
unlawful retaliatory hostile environment.
proscriptions against retaliation, racial harassment, discrimination, and a racially
hostile working environment found in Title VII, 1981, and the equal protection of
the laws, the Fourteenth Amendment, through the vehicle of 42 U.S.C. 1983.
remedial action to end the racial discrimination, racial harassment, and the racially
hostile working environment in the Sheriffs Office as well as the retaliatory
Page 321 of 625
hostile environment they created for Investigator Garcia, and instead the retaliatory
hostile environment continued and escalated with Investigator Garcias being
retaliated against in response to her complaints, reports, and opposition. These
ongoing acts of retaliation and adverse employment actions are set forth above.
Jernigan, Director Howell, Deputy Director Flory, Strong, the Sheriffs Office,
Madison County, and the Commission as described above was done with malice
and/or reckless disregard of and/or deliberate indifference to Investigator Garcias
Countys, and the Commissions conduct as described above caused and is still
causing Investigator Garcia emotional distress, mental anguish, loss of
Page 322 of 625
Deputy Director Florys, Strongs, the Sheriffs Offices, Madison Countys, and
the Commissions unlawful conduct as set forth herein unless enjoined by this
Court.
COUNT XLI
FOURTEENTH AMENDMENT AGAINST COMMISSIONER ROGER
JONES IN HIS OFFICIAL CAPACITY AS A COMMISSIONER OF THE
Page 323 of 625


Page 324 of 625
Page 71 Section 4.

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Page 325 of 625

employment.

Page 326 of 625
42 U.S.C. 1983.
848. Commissioner Jones, Sheriff Dornings, Director Howells, Deputy
849. Commissioner Jones, Sheriff Dorning, Director Howell, Deputy
Page 327 of 625
unlawful behavior.
Dorning, Director Howell, Deputy Director Flory, Chairman Strong, the Sheriffs
management.
Page 328 of 625
environment, Commissioner Jones, Sheriff Dorning, Director Howell, Deputy
set out above. Commissioner Jones, Sheriff Dorning, Director Howell, Deputy
environment.
Page 329 of 625
Page 330 of 625
COUNT XLIII
FOURTEENTH AMENDMENT AGAINST ROGER JONES IN HIS
INDIVIDUAL CAPACITY

Page 331 of 625


Page 71 Section 4.

Page 332 of 625

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Page 333 of 625

employment.
work environment by Roger Jones (Jones), Sheriff Dorning, Chief Deputy
Sheriff Jernigan, Director Howell, Deputy Director Flory, Chairman Strong, the
866. Jones, Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director

Page 334 of 625
867. Joness, Sheriff Dornings, Director Howells, Deputy Director
868. Jones, Sheriff Dorning, Director Howell, Deputy Director Flory,
Page 335 of 625
Investigator Garcia was retaliated against by Jones, Sheriff Dorning, Director
management.
environment, Jones, Sheriff Dorning, Director Howell, Deputy Director Flory,
above. Jones, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman
Page 336 of 625
875. The joint unlawful conduct of Jones, Sheriff Dorning, Chief Deputy
Sheriffs Office, Madison County, and the Commission as described above was
Page 337 of 625
877. Jones, Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director
879. Jones, in his individual capacity, is not afforded immunity protection
because, as stated above, a reasonable official/person in his respective position
would have known, or should have known, that his actions would violate a
Page 338 of 625
injury from Jones, Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director
Madison Countys, and the Commissions unlawful conduct as set forth herein
unless enjoined by this Court.
COUNT XLIII
FOURTEENTH AMENDMENT AGAINST COMMISSIONER STEVE
HARAWAY IN HIS OFFICIAL CAPACITY AS A COMMISSIONER OF
THE MADISON COUNTY, ALABAMA COMMISSION
Page 339 of 625


Page 71 Section 4.

Page 340 of 625
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Page 341 of 625

employment.
Page 342 of 625
887. Commissioner Haraways, Sheriff Dornings, Director Howells,
Countys, and the Commissions joint adverse employment actions taken against
Investigator Garcia enabled former Chief Deputy Sheriff Jernigans unlawful
confirming, and affirming Chief Deputy Sheriff Jernigans unlawful behavior by
not stopping and/or preventing Chief Deputy Sheriffs Jernigans unlawful
behavior against Investigator Garcia.
888. Commissioner Haraway, Sheriff Dorning, Director Howell, Deputy
Page 343 of 625
unlawful behavior.
management.
environment, Commissioner Haraway, Sheriff Dorning, Director Howell, Deputy
set out above. Commissioner Haraway, Sheriff Dorning, Director Howell, Deputy
Page 344 of 625
environment.
Page 345 of 625
Page 346 of 625
COUNT XLIV
FOURTEENTH AMENDMENT AGAINST STEVE HARAWAY IN HIS
INDIVIDUAL CAPACITY

Page 347 of 625

Page 71 Section 4.

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Page 348 of 625

3492

employment.
Page 349 of 625

work environment by Steve Haraway (Haraway), Sheriff Dorning, Chief Deputy
905. Haraways, Sheriff Dornings, Chief Deputy Sheriff Jernigans,
906. Haraways, Sheriff Dornings, Director Howells, Deputy Director
Page 350 of 625
907. Haraway, Sheriff Dorning, Director Howell, Deputy Director Flory,
Investigator Garcia was retaliated against by Haraway, Sheriff Dorning, Director
Page 351 of 625
management.
environment, Haraways, Sheriff Dorning, Director Howell, Deputy Director
set out above. Haraway, Sheriff Dorning, Director Howell, Deputy Director Flory,
jointly subjected Investigator Garcia to an unlawful retaliatory hostile
environment.
Page 352 of 625
914. The joint unlawful conduct of Haraway, Sheriff Dorning, Chief
Page 353 of 625
918. Haraway, in his individual capacity, is not afforded immunity
injury from Haraways, Sheriff Dornings, Chief Deputy Sheriff Jernigans,
Page 354 of 625
COUNT XLV
FOURTEENTH AMENDMENT AGAINST COMMISSIONER CRAIG
HILL IN HIS OFFICIAL CAPACITY AS A COMMISSIONER OF THE

Page 355 of 625

Page 71 Section 4.

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Page 356 of 625

3492

employment.
Page 357 of 625

42 U.S.C. 1983.
926. Commissioner Hills, Sheriff Dornings, Director Howells, Deputy
Page 358 of 625
927. Commissioner Hill, Sheriff Dorning, Director Howell, Deputy
unlawful behavior.
Page 359 of 625
management.
environment, Commissioner Hill, Sheriff Dorning, Director Howell, Deputy
set out above. Commissioner Hill, Sheriff Dorning, Director Howell, Deputy
environment.
Page 360 of 625
Page 361 of 625
COUNT XLV
FOURTEENTH AMENDMENT AGAINST CRAIG HILL IN HIS
INDIVIDUAL CAPACITY
Page 362 of 625



Page 363 of 625
Page 71 Section 4.

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Page 364 of 625

employment.
work environment by Craig Hill (Hill), Sheriff Dorning, Chief Deputy Sheriff
Page 365 of 625
42 U.S.C. 1983.
944. Hills, Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director
945. Hills,, Sheriff Dornings, Director Howells, Deputy Director Florys,
Page 366 of 625
946. Hill, Sheriff Dorning, Director Howell, Deputy Director Flory,
Investigator Garcia was retaliated against by Hill, Sheriff Dorning, Director
management.
Page 367 of 625
environment, Hills, Sheriff Dorning, Director Howell, Deputy Director Flory,
above. Hill, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman
Page 368 of 625
953. The joint unlawful conduct of Hill, Sheriff Dorning, Chief Deputy
957. Hill, in his individual capacity, is not afforded immunity protection
Page 369 of 625
injury from Hills, Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director
COUNT XLVI
FOURTEENTH AMENDMENT AGAINST COMMISSIONER PHIL
VANDIVER IN HIS OFFICIAL CAPACITY AS A COMMISSIONER OF
THE MADISON COUNTY, ALABAMA COMMISSION
Page 370 of 625


Page 371 of 625
Page 71 Section 4.
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Page 372 of 625

employment.
Page 373 of 625
965. Commissioner Vandivers, Sheriff Dornings, Director Howells,
966. Commissioner Vandiver, Sheriff Dorning, Director Howell, Deputy
Page 374 of 625
unlawful behavior.
management.
Page 375 of 625
environment, Commissioner Vandiver, Sheriff Dorning, Director Howell, Deputy
set out above. Commissioner Vandiver, Sheriff Dorning, Director Howell, Deputy
environment.
Page 376 of 625
Page 377 of 625
COUNT XLVII
FOURTEENTH AMENDMENT AGAINST PHIL VANDIVER IN HIS
INDIVIDUAL CAPACITY

Page 378 of 625


Page 71 Section 4.

Page 379 of 625
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Page 380 of 625

employment.
work environment by Phil Vandiver (Vandiver), Sheriff Dorning, Chief Deputy
Page 381 of 625
983. Vandivers, Sheriff Dornings, Chief Deputy Sheriff Jernigans,
984. Vandivers,, Sheriff Dornings, Director Howells, Deputy Director
985. Vandiver, Sheriff Dorning, Director Howell, Deputy Director Flory,
Page 382 of 625
Investigator Garcia was retaliated against by Vandiver, Sheriff Dorning, Director
management.
environment, Vandivers, Sheriff Dorning, Director Howell, Deputy Director
set out above. Vandiver, Sheriff Dorning, Director Howell, Deputy Director Flory,
Page 383 of 625
environment.
992. The joint unlawful conduct of Vandiver, Sheriff Dorning, Chief
Page 384 of 625
996. Vandiver, in his individual capacity, is not afforded immunity
Page 385 of 625
injury from Vandivers, Sheriff Dornings, Chief Deputy Sheriff Jernigans,
COUNT XLVIII
FOURTEENTH AMENDMENT AGAINST COMMISSIONER PHIL
RIDDICK IN HIS OFFICIAL CAPACITY AS A COMMISSIONER OF THE
Page 386 of 625



Page 71 Section 4.
Page 387 of 625
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Page 388 of 625

employment.
Page 389 of 625
1004. Commissioner Riddicks, Sheriff Dornings, Director Howells,
1005. Commissioner Riddick, Sheriff Dorning, Director Howell, Deputy
Page 390 of 625
unlawful behavior.
management.
environment, Commissioner Riddick, Sheriff Dorning, Director Howell, Deputy
Page 391 of 625
set out above. Commissioner Riddick, Sheriff Dorning, Director Howell, Deputy
environment.
Page 392 of 625
Page 393 of 625
COUNT XLIX
FOURTEENTH AMENDMENT AGAINST PHIL RIDDICK IN HIS
INDIVIDUAL CAPACITY

Page 394 of 625


Page 71 Section 4.
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Page 395 of 625
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3492

Page 396 of 625

employment.
work environment by Phil Riddick (Riddick), Sheriff Dorning, Chief Deputy
1022. Riddicks, Sheriff Dornings, Chief Deputy Sheriff Jernigans,
Page 397 of 625
1023. Riddicks, Sheriff Dornings, Director Howells, Deputy Director
1024. Riddick, Sheriff Dorning, Director Howell, Deputy Director Flory,
Page 398 of 625
Investigator Garcia was retaliated against by Riddick, Sheriff Dorning, Director
management.
environment, Riddicks, Sheriff Dorning, Director Howell, Deputy Director Flory,
above. Riddick, Sheriff Dorning, Director Howell, Deputy Director Flory,
environment.
Page 399 of 625
1031. The joint unlawful conduct of Riddick, Sheriff Dorning, Chief
Page 400 of 625
1035. Riddick, in his individual capacity, is not afforded immunity
Page 401 of 625
injury from Riddicks, Sheriff Dornings, Chief Deputy Sheriff Jernigans,
COUNT L
FOURTEENTH AMENDMENT AGAINST DIRECTOR JERMIE HOWELL
IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE
COUNTY, ALABAMA

Page 402 of 625



Page 71 Section 4.
Page 403 of 625
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3492

Page 404 of 625

employment.
Page 405 of 625
ratified, confirmed, and affirmed such unlawful discrimination, harassment, and
retaliation against Investigator Garcia.
enabled former Chief Deputy Sheriff Jernigans unlawful discriminatory and
harassing behavior toward and retaliation against Investigator Garcia by ratifying,
Garcia to disparate disciplinary treatment and adverse employment actions.
Page 406 of 625
Page 407 of 625
U.S.C. 1983.
above.
1051. The joint unlawful conduct of Commissioner Sheriff Dorning, Chief
Page 408 of 625
is still causing Investigator Garcia emotional distress, mental
COUNT LI
Page 409 of 625

FOURTEENTH AMENDMENT AGAINST DIRECTOR JERMIE HOWELL
IN HIS INDIVIDUAL CAPACITY



Page 410 of 625
Page 71 Section 4.
Page 48
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Page 411 of 625

3492

employment.
Page 412 of 625
Page 413 of 625
Page 414 of 625
U.S.C. 1983.
Page 415 of 625
above.
Page 416 of 625
COUNT LII
Page 417 of 625

WORKING ENVIRONMENT, RACIL DISCRIMINATION, AND
FOURTEENTH AMENDMENT AGAINST DEPUTY DIRECTOR PAM
FLORY IN HER OFFICIAL CAPACITY AS DEPUTY DIRECTOR OF
THE PERSONNEL/HUMAN RESOURCES DEPARTMENT OF MADISON
COUNTY, ALABAMA
1078. Deputy Director Pam Flory (Deputy Director Flory), the Sheriffs
Offices; Sheriff Dornings; Madison Countys; and, the Commissions policies
and procedures for their employees to follow, to which Sheriff Dorning and the
Sheriffs Office agreed to be bound by and to follow, regarding complaining about
and reporting harassment are, in pertinent part:



Page 418 of 625

Page 71 Section 4.
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Page 419 of 625

3492

employment.
Page 420 of 625

work environment Sheriff Dorning, Chief Deputy Sheriff Jernigan, Director

Page 421 of 625
Page 422 of 625
U.S.C. 1983.
Page 423 of 625
above.
Page 424 of 625
COUNT LIII
FOURTEENTH AMENDMENT AGAINST DEPUTY DIRECTOR PAM
FLORY IN HER INDIVIDUAL CAPACITY

Page 425 of 625



Page 426 of 625
Page 71 Section 4.
Page 48
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3492

Page 427 of 625

employment.
Page 428 of 625
Page 429 of 625
Page 430 of 625
U.S.C. 1983.
above.
Page 431 of 625
Immunity protection because, as stated above, a reasonable official/person in her
Page 432 of 625
I. CLAIMS BASED ON NATIONAL ORIGIN OF HUSBAND AND

RETALIATION
COUNT LIV
(CLAIMS BASED ON NATIONAL ORIGIN OF HUSBAND AND
RETALIATION)
HARASSMENT BASED ON NATIONAL ORIGIN OF HUSBAND,
HOSTILE WORKING ENVIRONMENT BASED ON NATIONAL ORIGIN
OF HUSBAND, DISCRIMINATION BASED ON NATIONAL ORIGIN OF
HUSBAND, AND RETALIATION IN VIOLATION OF TITLE VII AND
THE FOURTEENTH AMENDMENT AGAINST SHERIFF BLAKE L.
DORNING IN HIS OFFICIAL CAPACITY AS SHERIFF OF MADISON
COUNTY, ALABAMA

Page 433 of 625
maliciously and/or with reckless disregard and/or deliberate indifference harassed
based on national origin of husband, discriminated against based on National
Origin Of Husband, and subjected to a hostile working environment based on
national origin of husband by Sheriff Dorning, Chief Deputy Sheriff Jernigan,
Investigator Garcia on the basis of National Origin Of Husband with respect to the
42 U.S.C. 1983.
1119. Sheriff Dornings, Chief Deputy Sheriff Jernigan, Director Howells,
Page 434 of 625
1120. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Chief Deputy Sheriff
Office, Madison County, and the Commission ratified, confirmed, and affirmed the
unlawful behavior described above by not investigating and/or by not adequately
investigating Investigator Garcias complaints and reports of such unlawful
behavior and by subjecting Investigator Garcia to disparate disciplinary treatment.
and the Commission enabled such unlawful behavior by ratifying, confirming, and
unlawful behavior.
1122. Moreover, in retaliation for her opposition to and complaints of
Discrimination Based On National Origin Of Husband, Harassment Based On
National Origin Of Husband, and Hostile Working Environment Based On
National Origin Of Husband, Investigator Garcia was retaliated against by Sheriff
Page 435 of 625
above.
Discrimination Based On National Origin Of Husband, her being harassed based
on national origin of husband and working in Hostile Working Environment Based
On National Origin Of Husband in the Sheriffs Office to multiple levels of
1124. Thereafter, in response to her complaints and reports of
National Origin Of Husband and working in Hostile Working Environment Based
On National Origin Of Husband, Sheriff Dorning, Chief Deputy Sheriff Jernigan,
Madison County, and the Commission jointly subjected Investigator Garcia to
ongoing acts of retaliation, as set out above. Sheriff Dorning, Director Howell,
Page 436 of 625
Harassment Based On National Origin Of Husband, discrimination, and Hostile
Working Environment Based On National Origin Of Husband found in Title VII
and the equal protection of the laws, the Fourteenth Amendment, through the
vehicle of 42 U.S.C. 1983.
and the Commission failed to take effective remedial action to end the
National Origin Of Husband, and the racially hostile working environment in the
Sheriffs Office as well as the retaliatory hostile environment they created for
Page 437 of 625
Page 438 of 625
COUNT LV
RETALIATION)
CLAIMS OF HARASSMENT BASED ON NATIONAL ORIGIN OF
HUSBAND, HOSTILE WORKING ENVIRONMENT BASED ON
NATIONAL ORIGIN OF HUSBAND, DISCRIMINATION BASED ON
NATIONAL ORIGIN OF HUSBAND, AND RETALIATION IN
VIOLATION OF TITLE VII AND THE FOURTEENTH AMENDMENT
AGAINST SHERIFF BLAKE L. DORNING IN HIS INDIVIDUAL
CAPACITY
Page 439 of 625
42 U.S.C. 1983.
1136. Sheriff Dornings, Chief Deputy Sheriff Jernigan, Director
1137. Sheriff Dorning, Chief Deputy Sheriff Jernigan, Chief Deputy Sheriff
Office, Madison County, and the Commission ratified, confirmed, and affirmed the
unlawful behavior described above by not investigating and/or by not adequately
investigating Investigator Garcias complaints and reports of such unlawful
Page 440 of 625
behavior and by subjecting Investigator Garcia to disparate disciplinary treatment.
unlawful behavior.
above.
Page 441 of 625
ongoing acts of retaliation, as set out above. Sheriff Dorning, Director Howell,
Page 442 of 625
Page 443 of 625
COUNT LVI
RETALIATION)
Page 444 of 625
AGAINST CHIEF DEPUTY SHERIFF DAVID K. JERNIGAN IN HIS

ALABAMA
42 U.S.C. 1983.
Page 445 of 625
and the Commission ratified, confirmed, and affirmed the unlawful behavior
described above by not investigating and/or by not adequately investigating
Investigator Garcias complaints and reports of such unlawful behavior and by
subjecting Investigator Garcia to disparate disciplinary treatment.
Page 446 of 625
unlawful behavior.
above.
Page 447 of 625
ongoing acts of retaliation, as set out above. Sheriff Dorning, Chief Deputy Sheriff
Page 448 of 625
Page 449 of 625
COUNT LVII
RETALIATION)
AGAINST CHIEF DEPUTY SHERIFF DAVID K. JERNIGAN IN HIS
INDIVIDUAL CAPACITY
Page 450 of 625
42 U.S.C. 1983.
Page 451 of 625
and the Commission ratified, confirmed, and affirmed the unlawful behavior
described above by not investigating and/or by not adequately investigating
Investigator Garcias complaints and reports of such unlawful behavior and by
subjecting Investigator Garcia to disparate disciplinary treatment.
unlawful behavior.
above.
Page 452 of 625
ongoing acts of retaliation, as set out above. Sheriff Dorning, Chief Deputy Sheriff
Page 453 of 625
Page 454 of 625
Page 455 of 625
COUNT LVIII
RETALIATION)
AGAINST CAPTAIN CHARLES BERRY IN HIS OFFICIAL CAPACITY
AS SHERIFF OF MADISON COUNTY, ALABAMA
national origin of husband by Cpt. Berry Sheriff Dorning, Chief Deputy Sheriff
against Investigator Garcia on the basis of National Origin Of Husband with
Page 456 of 625
1188. Sheriff Dornings, Cpt. Berrys, Chief Deputy Sheriff Jernigans,
Page 457 of 625
National Origin Of Husband, Investigator Garcia was retaliated against by Cpt.
Berry, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman
Strong, the Sheriffs Office, Madison County, and the Commission as shown by
the adverse employment actions taken against her which are set forth above.
Page 458 of 625
On National Origin Of Husband, Cpt. Berry, Sheriff Dorning, Director Howell,
retaliation, as set out above. Cpt. Berry, Sheriff Dorning, Director Howell, Deputy
environment.
jointly violated the proscriptions against retaliation, Harassment Based On
National Origin Of Husband, discrimination, and Hostile Working Environment
Based On National Origin Of Husband found in Title VII and the equal protection
failed to take effective remedial action to end the Discrimination Based On
National Origin Of Husband, Harassment Based On National Origin Of Husband,
and the racially hostile working environment in the Sheriffs Office as well as the
Page 459 of 625
above.
Page 460 of 625
COUNT LIX
RETALIATION)
AGAINST CHARLES BERRY IN HIS INDIVIDUAL CAPACITY

Page 461 of 625
national origin of husband by Cpt. Berry, Sheriff Dorning, Chief Deputy Sheriff
1205. Sheriff Dornings, Cpt. Berrys, Chief Deputy Sheriff Jernigans,
Page 462 of 625
Berry, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman
Page 463 of 625
On National Origin Of Husband, Cpt. Berry, Sheriff Dorning, Director Howell,
retaliation, as set out above. Cpt. Berry, Sheriff Dorning, Director Howell, Deputy
environment.
Page 464 of 625
above.
Page 465 of 625
COUNT LX
Page 466 of 625

RETALIATION)
AGAINST CAPTAIN MICHAEL SALOMONSKY IN HIS OFFICIAL
CAPACITY
national origin of husband by Cpt. Salomonsky, Sheriff Dorning, Chief Deputy
discriminating against Investigator Garcia on the basis of National Origin Of
Husband with respect to the terms, conditions, and privileges of her employment in

Page 467 of 625
Page 468 of 625
unlawful behavior.
Salomonsky, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman
On National Origin Of Husband, Cpt. Salomonsky, Sheriff Dorning, Director
Page 469 of 625
of retaliation, as set out above. Cpt. Salomonsky, Sheriff Dorning, Director
County, and the Commission jointly subjected Investigator Garcia to an unlawful
Commission have jointly violated the proscriptions against retaliation, Harassment
Based On National Origin Of Husband, discrimination, and Hostile Working
Environment Based On National Origin Of Husband found in Title VII and the
equal protection of the laws, the Fourteenth Amendment, through the vehicle of 42
U.S.C. 1983.
Commission failed to take effective remedial action to end the Discrimination
Based On National Origin Of Husband, Harassment Based On National Origin Of
Husband, and the racially hostile working environment in the Sheriffs Office as
Page 470 of 625
Page 471 of 625
COUNT LXI
RETALIATION)
AGAINST MICHAEL SALOMONSKY IN HIS INDIVIDUAL CAPACITY

Page 472 of 625
national origin of husband by Cpt. Salomonsky, Sheriff Dorning, Chief Deputy
Page 473 of 625
unlawful behavior.
Salomonsky, Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman
Page 474 of 625
On National Origin Of Husband, Cpt. Salomonsky, Sheriff Dorning, Director
of retaliation, as set out above. Cpt. Salomonsky, Sheriff Dorning, Director
Page 475 of 625
U.S.C. 1983.
Page 476 of 625
Page 477 of 625
COUNT LXII
RETALIATION)
AGAINST THE SHERIFFS OFFICE
42 U.S.C. 1983.
Page 478 of 625
Page 479 of 625
On National Origin Of Husband, Sheriff Dorning, Director Howell, Deputy
Page 480 of 625
set out above. Sheriff Dorning, Director Howell, Deputy Director Flory, Chairman
violated the proscriptions against retaliation, Harassment Based On National
Origin Of Husband, discrimination, and Hostile Working Environment Based On
National Origin Of Husband found in Title VII and the equal protection of the
effective remedial action to end the Discrimination Based On National Origin Of
Husband, Harassment Based On National Origin Of Husband, and the racially
Page 481 of 625
Page 482 of 625
COUNT LXIII
RETALIATION)
AGAINST MADISON COUNTY, ALABAMA

Page 483 of 625
42 U.S.C. 1983.
Page 484 of 625
Page 485 of 625
Page 486 of 625
Page 487 of 625
COUNT LXIV
RETALIATION)
AGAINST THE MADISON COUNTY, ALABAMA COMMISSION

Page 488 of 625
42 U.S.C. 1983.
Page 489 of 625
Page 490 of 625
Page 491 of 625
Page 492 of 625
COUNT LXV
RETALIATION)
AGAINST CHAIRMAN DALE W. STRONG IN HIS OFFICIAL
CAPACITY AS CHAIRMAN OF THE MADISON COUNTY, ALABAMA
COMMISSION

Page 493 of 625



Page 494 of 625
Page 71 Section 4.
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3492

Page 495 of 625

words, jokes, or comments based on an individuals sex, National Origin Of
Husband, color, national origin, age, religion, disability, or any other legally
protected characteristic will not be tolerated.
employment.
Page 496 of 625
42 U.S.C. 1983.
preventing Chief Deputy Sheriff Jernigans unlawful behavior against Investigator
Garcia.
Page 497 of 625
Page 498 of 625
Page 499 of 625
Page 500 of 625
COUNT LXVI
RETALIATION)
AGAINST DALE W. STRONG IN HIS INDIVIDUAL CAPACITY
Page 501 of 625




Page 502 of 625
Page 71 Section 4.
Page 48
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HARASSMENT POLICY


3492

Page 503 of 625
employment.
Director Howell, Deputy Director Flory, Dale W. Strong (Strong), the Sheriffs

Page 504 of 625
Countys, and the Commissions joint decisions regarding the adverse employment
actions taken against Investigator Garcia not only instigated, but ratified,
confirmed, and affirmed such unlawful discrimination and retaliation against
Strongs, the Sheriffs Offices, Madison Countys, and the Commissions joint
adverse employment actions taken against Investigator Garcia enabled former
Chief Deputy Sheriff Jernigans unlawful discriminatory behavior and retaliation
against Investigator Garcia by ratifying, confirming, and affirming Chief Deputy
Sheriff Jernigans unlawful behavior by not stopping and/or preventing Chief
Deputy Sheriffs Jernigans unlawful behavior against Investigator Garcia.
Page 505 of 625
treatment.
Dorning, Director Howell, Deputy Director Flory, Strong, the Sheriffs Office,
Page 506 of 625
Director Flory, Strong, the Sheriffs Office, Madison County, and the Commission
proscriptions against retaliation, Harassment Based On National Origin Of
Husband, discrimination, and Hostile Working Environment Based On National
Origin Of Husband found in Title VII and the equal protection of the laws, the
remedial action to end the Discrimination Based On National Origin Of Husband,
Harassment Based On National Origin Of Husband, and the racially hostile
working environment in the Sheriffs Office as well as the retaliatory hostile
environment they created for Investigator Garcia, and instead the retaliatory hostile
environment continued and escalated with Investigator Garcias being retaliated
Page 507 of 625
against in response to her complaints, reports, and opposition. These ongoing acts
of retaliation and adverse employment actions are set forth above.
Jernigan, Director Howell, Deputy Director Flory, Strong, the Sheriffs Office,
Madison County, and the Commission as described above was done with malice
and/or reckless disregard of and/or deliberate indifference to Investigator Garcias
Countys, and the Commissions conduct as described above caused and is still
causing Investigator Garcia emotional distress, mental anguish, loss of enjoyment
of life, inconvenience, and humiliation.
Page 508 of 625
Deputy Director Florys, Strongs, the Sheriffs Offices, Madison Countys, and
the Commissions unlawful conduct as set forth herein unless enjoined by this
Court.
COUNT LXVII
RETALIATION)
AGAINST COMMISSIONER ROGER JONES IN HIS OFFICIAL
CAPACITY AS A COMMISSIONER OF THE MADISON COUNTY,
ALABAMA COMMISSION
1346. Investigator Garcia realleges and incorporates by reference
paragraphs 1 through 1345 above with the same force and effect as if fully set out
Page 509 of 625
in specific detail herein below.



Page 510 of 625
Page 71 Section 4.
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3492

Page 511 of 625

employment.
national origin of husband by Commissioner Jones, Sheriff Dorning, Chief Deputy
Page 512 of 625
1351. Commissioner Jones, Sheriff Dornings, Director Howells, Deputy
Page 513 of 625
unlawful behavior.
discrimination, Harassment Based On National Origin Of Husband, and Hostile
Working Environment Based On National Origin Of Husband, Investigator Garcia
was retaliated against by Commissioner Jones, Sheriff Dorning, Director Howell,
Page 514 of 625
On National Origin Of Husband, Commissioner Jones, Sheriff Dorning, Director
of retaliation, as set out above. Commissioner Jones, Sheriff Dorning, Director
U.S.C. 1983.
Page 515 of 625
Page 516 of 625
COUNT LXVIII
RETALIATION)
AGAINST ROGER JONES IN HIS
INDIVIDUAL CAPACITY
Page 517 of 625




Page 518 of 625
Page 71 Section 4.
Page 48
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3492

Page 519 of 625

employment.
Page 520 of 625
national origin of husband by Roger Jones (Commissioner Jones), Sheriff
jointly thereby discriminating against Investigator Garcia on the basis of National
Origin Of Husband with respect to the terms, conditions, and privileges of her
employment in violation of Title VII and the equal protection of the laws, the
1370. Commissioner Joness, Sheriff Dornings, Director Howells, Deputy
Page 521 of 625
unlawful behavior.
was retaliated against by Commissioner Jones, Sheriff Dorning, Director Howell,
Page 522 of 625
On National Origin Of Husband, Commissioner Jones, Sheriff Dorning, Director
of retaliation, as set out above. Commissioner Jones, Sheriff Dorning, Director
Page 523 of 625
U.S.C. 1983.
Page 524 of 625
1382. Commissioner Jones, in his individual capacity, is not afforded
Page 525 of 625
COUNT LXIX
RETALIATION)
AGAINST COMMISSIONER STEVE HARAWAY IN HIS OFFICIAL
ALABAMA COMMISSION


Page 526 of 625


Page 71 Section 4.
Page 48
Appendix 2:
HARASSMENT POLICY
Page 527 of 625

3492

Page 528 of 625

employment.
national origin of husband by Commissioner Haraway, Sheriff Dorning, Chief
Page 529 of 625
1390. Commissioner Haraways, Sheriff Dornings, Director Howells,
Page 530 of 625
unlawful behavior.
National Origin Of Husband, Investigator Garcia was retaliated against by
Commissioner Haraway, Sheriff Dorning, Director Howell, Deputy Director Flory,
above.
On National Origin Of Husband, Commissioner Haraway, Sheriff Dorning,
Page 531 of 625
ongoing acts of retaliation, as set out above. Commissioner Haraway, Sheriff
U.S.C. 1983.
Page 532 of 625
Page 533 of 625
COUNT LXX
RETALIATION)
AGAINST STEVE HARAWAY IN HIS
INDIVIDUAL CAPACITY
1404. nvestigator Garcia realleges and incorporates by reference paragraphs
Page 534 of 625



Page 71 Section 4.
Page 535 of 625
Page 48
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3492

Page 536 of 625

employment.
national origin of husband by Steve Haraway (Haraway), Sheriff Dorning, Chief
Page 537 of 625
1409. Haraways, Sheriff Dornings, Director Howells, Deputy Director
Page 538 of 625
Working Environment Based On National Origin Of Husband,
Investigator Garcia was retaliated against by Haraway, Sheriff Dorning, Director
On National Origin Of Husband, Haraways, Sheriff Dorning, Director Howell,
Page 539 of 625
retaliation, as set out above. Haraway, Sheriff Dorning, Director Howell, Deputy
environment.
Page 540 of 625
above.
1417. The joint unlawful conduct of Haraway, Sheriff Dorning, Chief
1421. Haraway, in his individual capacity, is not afforded immunity
Page 541 of 625
injury from Haraways, Sheriff Dornings, Chief Deputy Sheriff Jernigans,
COUNT LXXI
RETALIATION)
AGAINST COMMISSIONER CRAIG HILL IN HIS OFFICIAL CAPACITY
AS A COMMISSIONER OF THE MADISON COUNTY, ALABAMA
COMMISSION
Page 542 of 625



Page 543 of 625
Page 71 Section 4.
Page 48
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HARASSMENT POLICY


3492

Page 544 of 625

employment.
national origin of husband by Commissioner Hill, Sheriff Dorning, Chief Deputy
Page 545 of 625
1429. Commissioner Hills, Sheriff Dornings, Director Howells, Deputy
Page 546 of 625
unlawful behavior.
Commissioner Hill, Sheriff Dorning, Director Howell, Deputy Director Flory,
above.
Page 547 of 625
on national origin of husband and working in a racially hostile working
environment in the Sheriffs Office to multiple levels of supervision and
management.
On National Origin Of Husband, Commissioner Hill, Sheriff Dorning, Director
of retaliation, as set out above. Commissioner Hill, Sheriff Dorning, Director
Page 548 of 625
U.S.C. 1983.
discrimination, Harassment Based On National Origin Of Husband, and the
racially hostile working environment in the Sheriffs Office as well as the
above.
1437. The joint unlawful conduct of Commissioner Hill, Sheriff
Page 549 of 625
COUNT LXXII
RETALIATION)
Page 550 of 625

AGAINST CRAIG HILL IN HIS
INDIVIDUAL CAPACITY



Page 551 of 625
Page 71 Section 4.
Page 48
Appendix 2:
HARASSMENT POLICY


Page 552 of 625

3492

employment.
Page 553 of 625
national origin of husband by Craig Hill (Hill), Sheriff Dorning, Chief Deputy
1448. Hills, Sheriff Dornings, Director Howells, Deputy Director Florys,
Page 554 of 625
was retaliated against by Hill, Sheriff Dorning, Director Howell, Deputy Director
Page 555 of 625
management.
On National Origin Of Husband, Hills, Sheriff Dorning, Director Howell, Deputy
set out above. Hill, Sheriff Dorning, Director Howell, Deputy Director Flory,
environment.
Page 556 of 625
above.
1456. The joint unlawful conduct of Hill, Sheriff Dorning, Chief Deputy
Page 557 of 625
1460. Hill, in his individual capacity, is not afforded immunity protection
injury from Hills, Sheriff Dornings, Chief Deputy Sheriff Jernigans, Director
Page 558 of 625
COUNT LXXIII
RETALIATION)
AGAINST COMMISSIONER PHIL VANDIVER IN HIS OFFICIAL
ALABAMA COMMISSION

Page 559 of 625



Page 71 Section 4.
Page 560 of 625
Page 48
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HARASSMENT POLICY


3492

Page 561 of 625

employment.
national origin of husband by Commissioner Vandiver, Sheriff Dorning, Chief
Page 562 of 625
1468. Commissioner Vandivers, Sheriff Dornings, Director Howells,
Page 563 of 625
unlawful behavior.
Commissioner Vandiver, Sheriff Dorning, Director Howell, Deputy Director Flory,
above.
management.
On National Origin Of Husband, Commissioner Vandiver, Sheriff Dorning,
Page 564 of 625
ongoing acts of retaliation, as set out above. Commissioner Vandiver, Sheriff
U.S.C. 1983.
Page 565 of 625
above.
Page 566 of 625
COUNT LXXIV
RETALIATION)
AGAINST PHIL VANDIVER IN HIS
INDIVIDUAL CAPACITY
Page 567 of 625



Page 71 Section 4.
Page 568 of 625
Page 48
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HARASSMENT POLICY


3492

Page 569 of 625

employment.
national origin of husband by Phil Vandiver (Vandiver), Sheriff Dorning, Chief
Page 570 of 625
1487. Vandivers, Sheriff Dornings, Director Howells, Deputy Director
Page 571 of 625
was retaliated against by Vandiver, Sheriff Dorning, Director Howell, Deputy
management.
Page 572 of 625
On National Origin Of Husband, Vandivers, Sheriff Dorning, Director Howell,
retaliation, as set out above. Vandiver, Sheriff Dorning, Director Howell, Deputy
environment.
Page 573 of 625
above.
1495. The joint unlawful conduct of Vandiver, Sheriff Dorning, Chief
Page 574 of 625
1499. Vandiver, in his individual capacity, is not afforded immunity
injury from Vandivers, Sheriff Dornings, Chief Deputy Sheriff Jernigans,
COUNT LXXV
RETALIATION)
AGAINST COMMISSIONER PHIL RIDDICK IN HIS OFFICIAL
ALABAMA COMMISSION
Page 575 of 625




Page 576 of 625
Page 71 Section 4.
Page 48
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HARASSMENT POLICY


3492

Page 577 of 625

employment.
Page 578 of 625
national origin of husband by Commissioner Riddick, Sheriff Dorning, Chief
1507. Commissioner Riddicks, Sheriff Dornings, Director Howells,
Page 579 of 625
unlawful behavior.
Commissioner Riddick, Sheriff Dorning, Director Howell, Deputy Director Flory,
above.
Page 580 of 625
management.
On National Origin Of Husband, Commissioner Riddick, Sheriff Dorning, Director
of retaliation, as set out above. Commissioner Riddick, Sheriff Dorning, Director
Page 581 of 625
U.S.C. 1983.
above.
Page 582 of 625
COUNT LXXVI
RETALIATION)
Page 583 of 625

AGAINST PHIL RIDDICK IN HIS
INDIVIDUAL CAPACITY




Page 584 of 625
Page 71 Section 4.
Page 48
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HARASSMENT POLICY


Page 585 of 625

3492

employment.
Page 586 of 625
national origin of husband by Phil Riddick (Riddick), Sheriff Dorning, Chief
1526. Riddicks, Sheriff Dornings, Director Howells, Deputy Director
Page 587 of 625
was retaliated against by Riddick, Sheriff Dorning, Director Howell, Deputy
Page 588 of 625
on national origin of husband and working in a racially hostile
management.
On National Origin Of Husband, Riddicks, Sheriff Dorning, Director Howell,
retaliation, as set out above. Riddick, Sheriff Dorning, Director Howell, Deputy
environment.
Page 589 of 625
above.
1534. The joint unlawful conduct of Riddick, Sheriff Dorning, Chief
Page 590 of 625
1538. Riddick, in his individual capacity, is not afforded immunity
injury from Riddicks, Sheriff Dornings, Chief Deputy Sheriff Jernigans,
Page 591 of 625
COUNT LXXVII
RETALIATION)
AGAINST DIRECTOR JERMIE HOWELL IN HIS OFFICIAL CAPACITY
AS DIRECTOR OF THE PERSONNEL/HUMAN RESOURCES
DEPARTMENT OF MADISON COUNTY, ALABAMA

Page 592 of 625



Page 71 Section 4.
Page 593 of 625
Page 48
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3492

Page 594 of 625

employment.
42 U.S.C. 1983.
Page 595 of 625
Page 596 of 625
reports of Discrimination Based On National Origin Of Husband, her being
harassed based on national origin of husband and working in Hostile Working
Environment Based On National Origin Of Husband in the Sheriffs Office to
multiple levels of supervision and management.
Page 597 of 625
Page 598 of 625
Page 599 of 625
COUNT LXXVIII
RETALIATION)
AGAINST DIRECTOR JERMIE HOWELL IN HIS INDIVIDUAL
CAPACITY

Page 600 of 625


Page 71 Section 4.
Page 48
Appendix 2:
Page 601 of 625
HARASSMENT POLICY


3492

Page 602 of 625

employment.
42 U.S.C. 1983.
Page 603 of 625
Page 604 of 625
Page 605 of 625
Page 606 of 625
Page 607 of 625
COUNT LXXIX
RETALIATION)
NATIONAL ORIGIN OF HUSBAND, RACIL DISCRIMINATION, AND
OFFICIAL CAPACITY AS DEPUTY DIRECTOR OF THE
COUNTY, ALABAMA
1581. Deputy Director Pam Flory (Deputy Director Pam Flory) The
Sheriffs Offices; Sheriff Dornings; Madison Countys; and, the Commissions
policies and procedures for their employees to follow, to which Sheriff Dorning
and the Sheriffs Office agreed to be bound by and to follow, regarding
complaining about and reporting harassment are, in pertinent part:

Page 608 of 625


Page 71 Section 4.

Page 609 of 625

Page 48
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3492

Page 610 of 625

employment.
national origin of husband Sheriff Dorning, Chief Deputy Sheriff Jernigan,
42 U.S.C. 1983.

Page 611 of 625
Page 612 of 625
Page 613 of 625
Page 614 of 625
Page 615 of 625
COUNT LXXX
RETALIATION)
AGAINST DEPUTY DIRECTOR PAM FLORY IN HER INDIVIDUAL
CAPACITY

Page 616 of 625



Page 71 Section 4.
Page 617 of 625
Page 48
Appendix 2:
HARASSMENT POLICY


3492

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employment.
42 U.S.C. 1983.
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Immunity protection because, as stated above, a reasonable official/person in her
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GARCIAS PRAYER FOR RELIEF AS TO EACH COUNT OF THIS HER

COMPLAINT (COUNTS I THROUGH LXXX)
WHEREFORE, Garcia respectfully prays that this Court assume
jurisdiction of this action and after trial:
A. Grant Garcia a permanent injunction enjoining the Sheriffs Office,
Sheriff Dorning, Madison County, and the Commission, their agents, successors,
employees, attorneys and those acting in concert with them and at their request
from continuing to violate Title VII and/or the equal protection of the laws, the
Fourteenth Amendment.
B. Grant Garcia an order requiring the Sheriffs Office, Sheriff Dorning,
Madison County, and the Commission to make her whole by awarding her
instatement into the position she would have occupied in the absence of
retaliation, and/or sex harassment/discrimination by the Sheriffs Office, Sheriff

Page 624 of 625
Dorning, Madison County, and the Commission with the same seniority, leave and
other benefits (or front pay), and back pay (with interest), and by awarding Garcia
compensatory damages for emotional distress, punitive damages, and/or nominal
damages.
C. By awarding Garcia compensatory damages for emotional distress,
punitive damages, and/or nominal damages against all of the Defendants on all
issues and claims which allow such damages.
D. Where issues and damages are triable by a jury, Garcia leaves to the
discretion of the jury the amount of compensatory and the amount of punitive
damages to be awarded to her.
E. The plaintiff further prays for such other relief and benefits as the law
allows and provides for and the cause of justice may require, including, but not
limited to, an award of costs, attorneys fees, and expenses.
Respectfully submitted,
/s/Michael L Weathers
Michael L. Weathers
Counsel for Plaintiff Marina Giacomina Garcia
101 Courtview Towers
Florence, Alabama 35630-5417
(256) 764-1318 Telephone (256) 764-1319 Facsimile
michael.l.weathers@comcast.net
PLAINTIFF MARINA GIACOMINA GARCIA DEMANDS TRIAL BY

STRUCK JURY ON ALL ISSUES TRIABLE TO A JURY
/s/Michael L Weathers
Page 625 of 625

Marina Garcia V Madison County Sheriff's Office

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Marina Garcia V Madison County Sheriff's Office

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Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 1 of 625 FILED

2017 Nov-21 AM 09:36

IN THE UNITED STATES DISTRICT COURT

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 2 of 625

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 3 of 625

Commissioner of the Madison County, )

unlawful employment practices on the basis of race; discrimination based on race;

harassment based on race; a racially hostile working environment; different and

Marina Giacomina Garcia (Investigator Garcia and/or Deputy Garcia and/or

Garcia) for engaging in activity, reporting, complaining about, and opposing

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 4 of 625

Amendment all through 42 U.S.C. 1983 (hereinafter 1983). Garcia requests a

trial by jury of all issues triable by a jury.

2. The defendant employers, namely, Defendant the Madison County,

Alabama Sheriffs Office (the Sheriffs Office); Sheriff Blake L. Dorning

(Sheriff Dorning); Defendant Madison County, Alabama (Madison County);

and, Defendant the Madison County, Alabama Commission (the Commission)

were doing business in Madison County, Alabama; retaliated against and

discrimination and retaliation based on race; racially harassed Garca for

complaining about, reporting, and opposing racial discrimination and retaliation

complaining about, reporting, and opposing racial discrimination and retaliation

complaining about, reporting, and opposing racial discrimination and retaliation

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 5 of 625

Garcia for complaining about, reporting and opposing, engaging in activity

Amendment through 42 U.S.C. 1983 (hereinafter 1983). Garcia requests a trial

by jury of all issues triable by a jury.

harassment, a sexually hostile working environment, and unlawful retaliation

4. The defendant employers, namely, the Sheriffs Office; Sheriff

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 6 of 625

County, Alabama; discriminated against Garcia for complaining about, reporting,

complaining about, reporting, and opposing sexual discrimination and retaliation

complaining about, reporting, and opposing sexual discrimination and retaliation

complaining about, reporting, and opposing sexual discrimination and retaliation

6. Jurisdiction is founded on 28 U.S.C. 1331, 1343(a)(3) and (4), and

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 7 of 625

7. The amount in controversy in this case, excluding interest and costs,

exceeds the minimum jurisdictional limit of this Court.

the Northern District of Alabama, Northeastern Division.

9. There are no administrative prerequisites or caps on damages

United States Equal Employment Opportunity Commission (the EEOC and/or

EEOC) on March 28, 2016 (EEOC Charge Number 420-2016-01713) and

thereafter filed an Amended Charge/Supplemental Statement Of Particulars on

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 8 of 625

attached hereto as Exhibits A and B. On September 14, 2017, Notices of Rights to

Notices of Right to Sue.

11. Plaintiff Investigator Marina Giacomina Garcia is a female citizen of

Madison County, Alabama and the State of Alabama.

12. Defendant the Madison County, Alabama Sheriffs Office (the

13. Defendant Sheriff Blake L. Dorning (Sheriff Dorning), in his

official capacity as the Sheriff of Madison County, Alabama, was and is

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 9 of 625

has served in that position at all times material to this action.

14. Lt. Michael A. Salomonsky (Lt. Salomonsky) in his Official

the State of Alabama.

15. Captain Charles Berry (Cpt. Berry), retired, former Captain,

Criminal Investigation Division, Madison County, Alabama, Sheriffs Office, in

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 10 of 625

16. Defendant Madison County, Alabama (Madison County) was and is

and, therefore, is an employer for Title VII purposes.

17. Defendant the Madison County, Alabama Commission (Commission

and, therefore, is an employer for Title VII purposes.

18. Defendant David K. Jernigan (Chief Deputy Sheriff Jernigan) is the

Case 5:17-cv-01957-UJH-RDP Document 1 Filed 11/20/17 Page 11 of 625