Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Plaintiffs, COMPLAINT
AND JURY DEMAND
vs.
Defendants.
COME NOW Plaintiffs, Timothy Cronin and Joshua Fullerton, and for their causes
1. This action is based on the provisions of 42 U.S.C. 1983. This Court has
supplemental jurisdiction over the Plaintiffs state law claims pursuant to 28 U.S.C.
1367.
judicial district where all of the defendants reside and in which a substantial part of
3. Timothy Cronin (hereinafter Cronin) is, and was at all times material hereto a
citizen of the United States, a resident of Lancaster County, Nebraska, and over
1
4:17-cv-03079-RGK-SMB Doc # 1 Filed: 06/26/17 Page 2 of 19 - Page ID # 2
4. Cronin has been a Police Officer with the Lincoln Police Department since May 11,
2000.
5. Joshua Fullerton (hereinafter Fullerton) is, and was at all times material hereto a
citizen of the United States, a resident of Lancaster County, Nebraska, and over
6. Fullerton has been a Police Officer with the Lincoln Police Department since
February 4, 2010.
8. Chris Peterson (hereinafter Peterson) is, and was at all times material hereto a
citizen of the United States, a resident of Lancaster County, Nebraska, and over
9. At all times material hereto, Peterson has been a Captain with the Lincoln Police
Department.
10. James Peschong (hereinafter Peschong) is, and was at all times material hereto a
citizen of the United States, a resident of Lancaster County, Nebraska, and over
11. At all times material hereto Peschong was the Chief of the Lincoln Police
Department.
12. Brian Jackson (hereinafter Jackson) is, and was at all times material hereto a citizen
of the United States, a resident of Lancaster County, Nebraska, and over twenty-one
years of age.
2
4:17-cv-03079-RGK-SMB Doc # 1 Filed: 06/26/17 Page 3 of 19 - Page ID # 3
13. At all times material hereto Jackson was the Assistant Chief of the Lincoln Police
Department.
14. Tonya Peters (hereinafter Peters) is, and was at all times material hereto a citizen of
the United States, a resident of Lancaster County, Nebraska, and over twenty-one
years of age.
15. At all times material hereto Peters was an Assistant City Attorney for the City of
Lincoln and assigned to the Lincoln Police Department as the Police Legal Advisor.
16. William Koepke (hereinafter Koepke) is, and was at all times material hereto a
citizen of the United States, a resident of Lancaster County, Nebraska, and over
17. At all times material hereto Koepke was a Sergeant with the Lincoln Police
Department.
18. Daren Reynolds (hereinafter Reynolds) is, and was at all times material hereto a
citizen of the United States, a resident of Lancaster County, Nebraska, and over
19. At all times material hereto Reynolds was a Sergeant with the Lincoln Police
Department.
20. Cronin has previously filed a complaint with the Nebraska Equal Opportunity
Commission. His complaint was denied, his right to sue letter is attached as Exhibit
3
4:17-cv-03079-RGK-SMB Doc # 1 Filed: 06/26/17 Page 4 of 19 - Page ID # 4
FACTUAL BACKGROUND
21. Cronin previously worked under the supervision of Peterson within the narcotics unit
23. When Cronin began to have success with narcotics arrests and seizures, for unknown
reasons, Peterson began a pattern and practice of interference and harassment against
24. Peterson contacted Cronins supervisors and attempted to stop his investigations and
25. On or about July 17, 2014, Cronin applied for specialized training called Desert
Snow.
26. As part of the selection process the command staff met to discuss the applicants, as
27. During the command staff meeting, Cronin had support to attend, including a letter of
recommendation.
28. No command staff members spoke out against him attending in the meeting.
29. Following the command staff selection meeting, Cronins supervisors informed him
30. Unbeknownst to other command staff members, following the meeting, Peterson,
continued his pattern and practice of harassment and discrimination against Cronin by
4
4:17-cv-03079-RGK-SMB Doc # 1 Filed: 06/26/17 Page 5 of 19 - Page ID # 5
31. Upon information and belief, Peterson sought out Peschong in private, rather than at
the meeting, so that other command staff members would not have an opportunity to
support Cronin and correct the defamatory and false information Peterson would
allege in support of his ongoing pattern and practices of harassment and interference
against Cronin.
32. On or about August 27, 2014, Cronin filed a complaint against Peterson with the
33. Defendant City of Lincoln did not thoroughly investigate the claim to learn if and
why Peterson was discriminating, harassing, and creating a hostile work environment
for Cronin.
34. Peterson continued his pattern and practice of harassment and interfering with
36. Cronin had a friend from Powell, Ohio, who operated a nutrition and supplement
37. Cronin had previously purchased legal nutritional supplements from his friends store
to use in conjunction with lifting weights, working out, and overall fitness.
38. Cronins friend in Ohio had been accused of selling illegal steroids and Cronin had
corresponded with him via text messages regarding the investigation and reminded
5
4:17-cv-03079-RGK-SMB Doc # 1 Filed: 06/26/17 Page 6 of 19 - Page ID # 6
39. As a result of these text messages a member of the Powell, Ohio police department
purportedly alleged to Jackson that Cronin had interfered with their investigation due
40. On or about September 23, 2015, in willful ignorance of the ongoing pattern and
practice by Peterson, Peschong and/or Jackson decided to turn over the text messages
to Peterson.
41. There had never been any allegation by Jackson conveyed to Cronin that he was
42. The text messages being turned over to Peterson provided him with an opportunity to
continue his pattern and practice of harassment and discrimination against Cronin and
retaliate for the prior complaint that had been filed with the Personnel Sergeant and
City of Lincoln.
43. Despite the text messages being vague and ambiguous about the products being
44. The actions taken by Peterson based on mere text messages were contrary to the past
practice and usual and ordinary actions taken by the Lincoln Police Department based
45. Peterson did not request any assistance from the DEA or any other person who is well
versed in the use and nomenclature of illegal steroids to determine if the supplements
6
4:17-cv-03079-RGK-SMB Doc # 1 Filed: 06/26/17 Page 7 of 19 - Page ID # 7
46. Peterson did not conduct thorough internet searches or investigation to determine if
47. Peterson enlisted the assistance of Peters, Koepke, and Reynolds to assist him with
48. On or about, September 28, 2015, at approximately 1:30 p.m. Cronin was detained by
Station.
49. Cronin was advised that he was being criminally investigated but his interview was
50. Cronin was advised he was not under arrest but he was not free to leave.
53. Cronin was allowed to call his legal counsel but Koepke refused to leave the room so
54. Cronins legal counsel later arrived at the location where Cronin was being held but
he was not allowed to meet with Cronin despite his request to do so.
55. Peterson, using statements gained from the interview conducted in violation of
Miranda, applied for search warrants for Cronins vehicle, home, blood, urine, and
cellular phone.
56. Peters knew or should have known that the information was obtained in violation of
Miranda, but still assisted with the preparation of search warrants to be presented to
7
4:17-cv-03079-RGK-SMB Doc # 1 Filed: 06/26/17 Page 8 of 19 - Page ID # 8
57. Peterson intentionally or with a reckless disregard for Cronins rights omitted critical
information in applying for the search warrants, including but not limited to the fact
that Koepke was of the opinion that the items referenced in the text messages were
legal substances, that this was a misunderstanding, and that Cronin stated that he did
not have any substances at his house because they were taken to completion.
58. Upon information and belief, none of the officers involved in the searches were
provided with copies of the search warrants prior to conducting the searches.
59. The Defendants intentionally or with a reckless disregard for Cronins rights
affidavits, the search warrants or without having full knowledge of the facts,
60. Cronins house was searched by Reynolds and other officers with nothing illegal
located.
62. Under threat of having a catheter physically inserted into his penis to obtain urine,
64. A search warrant was issued for Cronins 2015 Toyota 4 Runner based upon the
8
4:17-cv-03079-RGK-SMB Doc # 1 Filed: 06/26/17 Page 9 of 19 - Page ID # 9
65. Instead of the vehicle in the search warrant being searched, Reynolds intentionally or
with a reckless disregard for Cronins rights searched an entirely different vehicle,
66. The Ford Escape was searched in violation of Cronins constitutional rights as it was
not contained within the warrant, there was no probable cause to search the vehicle,
68. Officers also searched Cronins police vehicle and police locker.
71. On or about, September 28, 2015, Fullerton was contacted at his home and
72. On or about, September 29, 2015, Peterson contacted Fullerton and requested an
interview.
76. Fullerton conveyed that his lawyer advised him not to talk to Peterson and also
conveyed his concern about not talking to Peterson as being perceived as some
indication of guilt.
77. Peterson utilized this fear and his position as a member of the command staff to
manipulate Fullerton into talking with him outside the presence of his legal counsel.
9
4:17-cv-03079-RGK-SMB Doc # 1 Filed: 06/26/17 Page 10 of 19 - Page ID # 10
78. Search warrants or subpoenas were also obtained for the cellular phone records of
79. Search warrants or subpoenas were also obtained for personnel records of Cronin.
80. Search warrants or subpoenas were also obtained for Cronins personal financial
information.
81. Cronins cellular phone was seized on or about September 28, 2015.
82. On or about, October 6, 2015, Cronins blood and urine tests came back as not
83. On or about, October 8, 2015, the substances seized from Fullerton were determined
84. Despite the fact that these substances were not illegal, they were still not released in a
85. After numerous attempts to access the phone and extensions to execute the search
destroyed Cronins phone in an alleged effort to extract any information card or chip
86. The destruction of his phone destroyed numerous personal photos of his family,
including his newborn daughter, which cannot be replaced, and other sensitive
personal information.
87. This effort was undertaken after Officers had no evidence to support that the text
10
4:17-cv-03079-RGK-SMB Doc # 1 Filed: 06/26/17 Page 11 of 19 - Page ID # 11
88. The chip was sent to an outside source for potential extraction but no evidence was
89. Even though there was no evidence that anything illegal had been done by Cronin, for
several months that followed, Peterson continued his investigation into the
allegations.
90. On or about, December 13, 2015, Peterson continued to try and generate some
evidence against Cronin given their history so he traveled to Powell, Ohio, to conduct
follow up investigation.
91. After two days of investigation in Powell, Ohio, Peterson did not locate any
92. Peterson continued his activities against Cronin, on or about, January 12, 2016,
Peterson had items seized by Powell, Ohio, police department sent to him.
93. On or about January 15, 2016, Peterson sent foil packaging to the State Lab to be
tested for the presence of illegal substances, even though these items were shipped
from Powell, Ohio, and there was no evidence they had any connection to Cronin.
94. For several more months, Peterson continued his ongoing efforts against Cronin and
95. All prosecutors declined to pursue charges because of a lack of evidence Cronin
96. During this lengthy ongoing investigation Cronin suffered physical symptoms
because of the significant stress under which he was placed by Peterson and his
11
4:17-cv-03079-RGK-SMB Doc # 1 Filed: 06/26/17 Page 12 of 19 - Page ID # 12
97. Defendant City of Lincoln, Peschong, and Jackson initiated an internal affairs
investigation of Cronin and Fullerton after Peterson could not find a prosecutor to
98. During a meeting with Jackson he told Cronin that Cronin should let this go and
99. Jackson also admitted that the investigation could have been handled better.
100. Defendants City of Lincoln, Peschong, and Jackson knew or should have known that
the pattern and practice of conduct by Peterson was discriminatory and harassing but
failed to do anything to ensure Cronin was free from a hostile work environment and
101. Defendants City of Lincoln, Peschong, and Jackson knew or should have known that
the officers lacked probable cause but instead stood by or actively assisted the
officers with the investigation and illegal activities engaged in by Peterson, Koepke,
and Reynolds in support of the pattern and practice of discrimination, harassment, and
102. As a result of Petersons conduct, Peschong and Jackson have not given Cronin
103. Cronin has suffered damages as a result of the actions of Peterson, Peschong, and
Jackson.
12
4:17-cv-03079-RGK-SMB Doc # 1 Filed: 06/26/17 Page 13 of 19 - Page ID # 13
104. Defendants have made defamatory remarks to the other officers, friends, and
members of the public, claiming that Cronin and Fullerton are dirty or otherwise
105. The individual Defendants have engaged in all the activities alleged herein
intentionally, recklessly, willfully, and wantonly in gross disregard for the Plaintiffs
rights.
106. The foregoing actions by each of the Defendants were done within the course and
scope of their respective positions as employees of the City of Lincoln and under
color of law.
108. Plaintiffs rights under the Fourth Amendment of the U.S. Constitution were violated
circumstances;
13
4:17-cv-03079-RGK-SMB Doc # 1 Filed: 06/26/17 Page 14 of 19 - Page ID # 14
109. Plaintiffs have suffered damages as a direct result of the foregoing misconduct,
a. Past and future damages from loss of advancement opportunities and other
economic damages;
b. Past and future pain and suffering, mental suffering, emotional distress,
WHEREFORE, Plaintiffs pray that the Court enter judgment against Defendants
declaring the conduct engaged in by Defendants to be in violation of the Plaintiffs rights and
award attorney fees, damages as set forth herein, punitive damages as allowed by law, and
111. Plaintiffs rights under the Fifth Amendment of the U.S. Constitution were violated
14
4:17-cv-03079-RGK-SMB Doc # 1 Filed: 06/26/17 Page 15 of 19 - Page ID # 15
incrimination; and
112. Plaintiffs have suffered damages as a direct result of the foregoing misconduct,
b. Past and future pain and suffering, mental suffering, emotional distress,
WHEREFORE, Plaintiffs pray that the Court enter judgment against Defendants
declaring the conduct engaged in by Defendants to be in violation of the Plaintiffs rights and
award attorney fees, damages as set forth herein, punitive damages as allowed by law, and
114. Plaintiffs rights under the Sixth Amendment of the U.S. Constitution were violated
15
4:17-cv-03079-RGK-SMB Doc # 1 Filed: 06/26/17 Page 16 of 19 - Page ID # 16
counsel;
115. Plaintiffs have suffered damages as a direct result of the foregoing misconduct,
a. Past and future damages from loss of advancement opportunities and other
economic damages;
b. Past and future pain and suffering, mental suffering, emotional distress,
WHEREFORE, Plaintiffs pray that the Court enter judgment against Defendants
declaring the conduct engaged in by Defendants to be in violation of the Plaintiffs rights and
award attorney fees, damages as set forth herein, punitive damages as allowed by law, and
16
4:17-cv-03079-RGK-SMB Doc # 1 Filed: 06/26/17 Page 17 of 19 - Page ID # 17
117. Cronin filed a complaint against Peterson on August 27, 2014, because of his ongoing
118. This complaint was ultimately forwarded to the City of Lincoln for investigation.
119. This complaint was protected speech under the First Amendment of the United States
Constitution.
120. Peterson, upon Peschong giving Peterson the opportunity to investigate Cronin,
enlisted the assistance of Peters, Koepke and Reynolds to engage in severe, extreme,
Peterson.
121. Said retaliation was in violation of Federal, State, and Local Law which protect
parties who file complaints as such speech is protected by the First Amendment of the
122. Plaintiffs have suffered damages as a direct result of the foregoing misconduct,
a. Past and future damages from loss of advancement opportunities and other
economic damages;
b. Past and future pain and suffering, mental suffering, emotional distress,
WHEREFORE, Plaintiffs pray that the Court enter judgment against Defendants
declaring the conduct engaged in by Defendants to be in violation of the Plaintiffs rights and
17
4:17-cv-03079-RGK-SMB Doc # 1 Filed: 06/26/17 Page 18 of 19 - Page ID # 18
award attorney fees, damages as set forth herein, punitive damages as allowed by law, and
JURY DEMAND
Respectfully submitted,
______________________________
Douglas L. Phillips
KLASS LAW FIRM, L.L.P.
Mayfair Center, Upper Level
4280 Sergeant Road, Suite 290
Sioux City, IA 51106
phillips@klasslaw.com
WWW.KLASSLAW.COM
712/252-1866
712/252-5822 fax
18
4:17-cv-03079-RGK-SMB Doc # 1 Filed: 06/26/17 Page 19 ofI 19 - Page ID # 19
/
s4fftc /
Alic ^-ndJi d
NEBRASKA EQUAL ORTUNITY COMMISSION
Timothy M. Cronin, )
Complainant, )
COMMISSION DETERMINATION
)
vs. )
NEB 1-15/16-6-48066-S
)
Lincoln, City of )
Respondent. )
)
A determination has been made in the above-referenced matter before the Nebraska
Equal Opportunity Commission. Pursuant to the Nebraska Fair Employment
Li Practice Act and the Rules and Regulations of the Nebraska Equal Opportunity
Commission, the Commission has officially dismissed this charge.
Wd The evidence fails to support the allegations of discrimination (see attached); and
there is no appeal process. This finding of no reasonable cause is the final
determination of the Commission and completes the handling of the charge. The
deadline for filing an action directly in state district court is 90 days after the receipt
I
of this notice.
Due to the complexity of the law, and other avenues of redress that may exist, you
may wish to consult with an attorney.
The Commission wishes to thank you for your cooperation in the processing of this
MAIN OFFICE: charge.
301 Centennial Mao, South 0
PD Boo 94934
moc'c.,NE6BDO9A$31 R 30 2011..
0a0: 402-471-4059 For the Commission Date
800-642-6112
wwo.NEOO. nebraska .gov
BRANCH OFFICES:
1313 Faroarn SI. Suite 318 0
Onoaho, NE 68102 1836
Phone. 132-595-2028
Fax 402-595-1200
800-382-7820
EXHIBIT
A