Case 3:18-cv-01734-RNC Document 1 Filed 10/22/18 Page 1 of 8
UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
CIVIL ACTION NO. HELLYN RIGGINS Plaintiff, V. TOWN OF BERLIN Defendant. October 22, 2018
COMPLAINT JURISDICTION AND VENUE 1.
This suit is brought pursuant to Title VII of the Civil Rights Act of 1964
("Title VII"), as amended, 42 U.S.C. § 2000e, et seq, as amended by the Civil Rights Act of 1991, 42 U.S.C. § 1981, and the Connecticut Fair Employment Practices Act ("CFEPA"), C.G.S. § 42a-60, et seq. 2.
Jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1331 and §
1343. With respect to the state law claim, this Court also has supplemental jurisdiction pursuant to 28 U.S.C. § 1367, in that the state law claim is so related to the federal claim that they form part of the same case or controversy under Article III of the United States Constitution. 3.
Venue in this district is appropriate pursuant to 28 U.S.C. § 1391 because
this is the district in which the discriminatory conduct occurred.
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PARTIES AND ADMINISTRATIVE PREREQUISITES 4.
The plaintiff, Hellyn Riggins, is a citizen of the United States, actually
residing in Eagleville, Tennessee. 5.
At all times relevant to this Complaint, the plaintiff was an employee of the
defendant, as that term is defined by Title VII, 42 U.S.C. § 2000e(f), and CFEPA, Conn. Gen. Stat. §§ 46a-51(9) and 46a-60. 6.
The defendant is the Town of Berlin, Connecticut, a Connecticut
municipality with a Town Hall located at 240 Kensington Road, Berlin, CT 06037. The defendant has approximately 200 employees. 7.
At all times relevant to this Complaint, the defendant has been the
plaintiff's employer within the meaning of Title VII, 42 U.S.C. § 2000e(b), and CFEPA, Conn. Gen. Stat. §§ 46a-51(10) and 46a-60. 8.
The plaintiff has fulfilled all administrative prerequisites necessary to
maintain this action. FACTS 9.
The plaintiff is female.
10.
The plaintiff was employed by the defendant in the position of Director of
Development Services and Town Planner from March 3, 2003, until October 6, 2017. 11.
Throughout her employment with the defendant, the plaintiff performed
the duties and responsibilities of her position in a dedicated, competent, and satisfactory manner and consistently received positive performance reviews. 12.
In the course of the plaintiff's duties as Town Planner, the plaintiff was
required to interact with Thomas Coccomo, the owner of a local construction company. -2-
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Coccomo engaged in a pattern of sexual harassment towards the plaintiff beginning in 2013 and continuing until her employment ended. 13.
Coccomo was involved in various disputes with the defendant regarding
the defendant's enforcement of zoning and building regulations. During the course of these disputes, Coccomo targeted the plaintiff by making repeated false, offensive, and sexually explicit statements to employees and representatives of the defendant about the plaintiff's sexual conduct. 14.
On information and belief, on or about May 1, 2013, Coccomo sent an
anonymous letter to the Town Manager falsely asserting that the plaintiff was "involved in a sex scandal at the Town Hall with former Zoning Officer, Bruce Driska." 15.
On or about September 23, 2013, Coccomo sent an email to Mayor Adam
Salina referencing an alleged sexual encounter between the plaintiff and Driska. More specifically, Coccomo said: "So Hellyn doesn't get fired for giving head to Bruce the Zoning Officer on town hall property?..." The email was shared with the Town Manager, the Human Resources Director, and the Chief of Police. The defendant took no corrective action. 16.
In June 2015, the plaintiff submitted a self-evaluation to the defendant in
which she included a statement describing Coccomo's continued harassment of the plaintiff, and requesting that reasonable steps be taken to address Coccomo's behavior. 17.
On or about January 20, 2017, Coccomo sent an email to Frank Van
Linter, a Building Official in the plaintiff's department. The email was copied to the plaintiff and the Town Attorney. The email stated, "I understand you are getting the -3-
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Bruce Driska treatment." 18.
The plaintiff forwarded the above referenced January 20 email to the
Director of Human Resources and the Town Attorney, with a note stating: "I have been through his abuse for 13 years. I will not tolerate it any longer, and I certainly will not tolerate it for my employees... .1 am asking that he be told that he can no longer meet with me or with any of my employees without going through a police officer." 19.
On or about February 7, 2017, Coccomo sent an email to all members of
the Berlin Town Council which included the following statement regarding the plaintiff: "I will tell them [the press] what Bruce diska [sic] told me, how the town planner told him if he busted my ass she would provide oral sex on him. As you know, she eventually did, she even did it in the town hall, breaking up his marriage, etc." 20.
This statement about the plaintiff's sexual conduct was false and
humiliating. 21.
On information and belief, the defendant took no corrective action in
response to Coccomo's January 20, 2017 or February 7, 2017 emails. 22.
On or about September 11, 2017, Coccomo sent an email to John
Mascia, an employee of the defendant within the plaintiff's department with the subject line "Ask frank." The email stated: "If she likes the tip or the whole thing." This was a reference back to the alleged sexual relationship between Frank Van Linter and the plaintiff, first referenced in Coccomo's January 20, 2017 email. 23.
The September 11, 2017 email was forwarded to Van Linter, the Town
Attorney, and the Interim Town Manager that same day. Both Van Linter and the plaintiff requested that the defendant take corrective action. -4-
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24.
Later that day, the Interim Town Manager told the plaintiff that he had
discussed the situation with the Town Attorney, and that the defendant could not take any action to prevent Coccomo's sexual harassment of the plaintiff. 25.
Coccomo's repeated sexual harassment and the Town's failure to take
corrective action caused the plaintiff to suffer extreme emotional distress accompanied by physical symptoms. The sexually explicit September 11, 2017 email exacerbated the plaintiff's emotional distress. The Interim Manager's statement on September 11,2017 that the defendant would not take action to stop the harassment caused the plaintiff to be unable to continue her employment with the defendant. 26.
On September 13, 2017, the plaintiff accepted an offer of employment
she had received from a city in Tennessee. 27.
On September 15, 2017, the plaintiff submitted her resignation from the
defendant's employment, effective October 6, 2017. 28.
Had the defendant taken corrective action with respect to Coccomo's
sexual harassment of the plaintiff, she would not have resigned. COUNT ONE: HOSTILE WORK ENVIRONMENT IN VIOLATION OF TITLE VII 1.
The plaintiff hereby repeats, realleges, and incorporates paragraphs 1-28
above. 29.
The plaintiff was subjected to intimidating, hostile, and offensive conduct
based on her sex. 30.
The conduct described in this count was severe and pervasive.
31.
The defendant knew of the ongoing pattern of harassment, and failed to
take corrective action. -5
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32.
The defendant exerted control over the conditions of the plaintiff's work
environment and had the ability to alter those conditions to a substantial degree, yet acquiesced in the harassment by not taking corrective action. 33.
By the conduct described in this count, the defendant has created a hostile
work environment for the plaintiff in violation of the rights secured to her by Title VII, 42 U.S.C. ยง 2000e-2 et seq. 34.
As a result of the defendant's unlawful conduct, the plaintiff had no choice
but to resign from her employment. 35.
As a result of the defendant's unlawful conduct, the plaintiff has suffered
and continues to suffer lost compensation, damage to her professional and personal reputation, pain and suffering, anxiety, humiliation, shame, fear, and other emotional distress. COUNT TWO: HOSTILE WORK ENVIRONMENT IN VIOLATION OF CFEPA 1.
The plaintiff hereby repeats, realleges, and incorporates paragraphs 1-35
above. 36.
The plaintiff was subjected to intimidating, hostile, and offensive conduct
on the basis of sex. 37.
The conduct described in this count was severe and pervasive.
38.
The defendant knew of the ongoing pattern of harassment, and failed to
take corrective action. 39.
On information and belief, the defendant exerted control over the
conditions of the plaintiff's work environment and had the ability to alter those conditions to a substantial degree, yet acquiesced in the harassment by not taking -6-
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corrective action. 40.
By the conduct described in this count, the defendant has created a hostile
work environment for the plaintiff in violation of the rights secured to her by CFEPA, C.G.S. ยง46a-60(a)(8) et seq. 41.
As a result of the defendant's unlawful conduct, the plaintiff had no choice
but to resign from her employment. 42.
By the conduct described in this count, the plaintiff has suffered
and continues to suffer lost compensation, damage to her professional and personal reputation, pain and suffering, anxiety, humiliation, shame, fear, and other emotional distress.
DEMAND FOR RELIEF
WHEREFORE, the plaintiff respectfully requests that this Court grant the plaintiff the following relief: 1.
Award the plaintiff lost wages and benefits of employment;
2.
Award the plaintiff compensatory and punitive damages including for pain
and suffering; 3.
Award the plaintiff reasonable attorney's fees and costs;
4.
Award the plaintiff post- and pre-judgment interest; and
5.
Award the plaintiff all other legal and/or equitable relief that the Court
deems just and proper.
-7-
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DEMAND FOR JURY TRIAL
The plaintiff hereby demands a trial by jury as to all claims to which she is entitled as a matter of law.
RESPECTFULLY SUBMITTED THE PL 1 ,, TIFF,
By: Gr gg D. Adler ct05698 Li ingston, Adler, Pulda, Meiklejohn & Kelly, PC 7 Prospect Avenue Hartford, CT 06105-2922 (860) 233-9821 gdadler@lapmk.org
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