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27-CV-17-15654 Filed in Fourth Judicial District Court10/12/2017 11:31 AMHennepin County, MN
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
John Delmonico, Court File No.:
Judge:
Plaintiff,
vs. SUMMONS
Betsy Hodges, individually and in her
capacity as Mayor of the City 0f Minneapolis,
and the City of Minneapolis,
Defendants.
THIS SUMMONS IS DIRECTED TO DEFENDANTS, ABOVE-NAMED:
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The
Plaintiff’s Complaint against you is attached to this Summons. Do not throw these papers away.
They are official papers that affect your rights. You must respond to this lawsuit even though it
may not yet be filed with the Coun and there may be no court file number 0n this Summons.
2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS.You must give or mail to the person who signed this Summons a written response called an Answer
within 20 days of the date on which you received this Summons. You must send a copy 0f your
Answer to the person who signed this Summons located at:
Kyle E. Hart
Fabyanske, Westra, Hart & Thomson, P.A.
333 S. 7‘“ St., Suite 2600
Minneapolis, MN 55402
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written
response t0 the Plaintiff s Complaint. In your Answer you must state whether you agree 0r disagree
with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything
asked for in the Complaint, you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTENRESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS.If you do not Answer within 20 days, you will lose this case. You will not get t0 tell your side of
the story, and the Court may decide against you and award the Plaintiff everything asked for in the
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27-CV-17-15654 Filed in Fourth Judicial District Court10/12/2017 11:31 AMHennepin County, MN
complaint. If you do not want to contest the claims stated in the complaint, you dov not need Io
respond. A default judgment can then be entered against you for the relief requested in the
complaint.
5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do
not have a lawyer, the Court Administrator may have information about places where you can get
legal assistance. Even if you cannot get legal help, you must still provide a written Answer t0
protect your rights or you may lose the case.
6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree t0 or be
ordered to participate in an alternative dispute resolution process under Rule l 14 of the Minnesota
General Rules of Practice. You must still send your written response to the Complaint even if you
expect t0 use alternative means of resolving this dispute.
FAB *, WESTRA, HART & THOMSON, P.A.
Dated: October ll, 2017 ByKyle E. Hart (#159025)
Nathan R. Sellers (#0393010)
333 South Seventh Street, Suite 2600
Minneapolis, MN 55402
(612) 359—7600
klmrl’ZZ‘:I‘whtlmxzcom
Frederic Bruno (#1 23213)
BRUNO LAW, PLLC5500 Wayzata Blvd., Suite 1000
Minneapolis, MN 55416
(763) 545-7900
b1‘uno:’2§1l7rlln<>lawcom
ATTORNEYS FOR PLAINTIFF
ACKNOWLEDGMENT
I acknowledge that costs, disbursements nd reasonable attorney and witness fees may be
awarded under Minn. Stat. § 549.21 1, subd 3 to he party against whom the allegations in this
pleading are asserted.
Kyle E. Hart (#159025)
4819247 2
27-CV-17-15654 Filed in Fourth Judicial District Court10/12/2017 11:31 AMHennepin County, MN
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
John Delmonico, Court File No.:
Judge:
Plaintiff,
vs. COMPLAINT
Betsy Hodges, individually and in her
capacity as Mayor 0f the City of Minneapolis,
and the City ofMinneapolis,
Defendants.
Plaintiff, for his Complaint against Defendants, states as follows:
1- w1. Plaintiff John Delmonico (“Delmonico”) is an individual resident 0f Minneapolis,
Minnesota. At all times pertinent to the allegations in this Complaint, Delmonico was a Lieutenant
in the Minneapolis Police Department and a night supervisor in the Fourth Precinct.
2. Defendant Betsy Hodges (“Hodges”) is an individual resident of Minneapolis,
Minnesota. At all times pertinent to the allegations in this Complaint, Hodges was the Mayor 0f
the City ofMinneapolis.
3. Defendant City of Minneapolis (“City”) is a Minnesota municipal corporation. At
all times pertinent to the allegations in this Complaint, Hodges was an agent and employee of the
City (i.e., its Mayor).
4. Venue in this Coun is proper under Minn. Stat. § 542.09 because a substantial
number of the events or omissions giving rise to the claims asserted herein occurred in Hennepin
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27-CV-17-15654 Filed in Fourth Judicial District Court10/12/2017 11:31 AMHennepin County, MN
County, numerous witnesses reside in Minnesota, and plaintiff and defendants are located in
Hennepin County.
II. FACTS
5. On April 26, 2017, Minneapolis Police ChiefJanee Harteau (“Harteau”) announced
that she was promoting Inspector Michael Kjos (“Kjos”) to a Deputy Chiefposition, and replacing
him with Delmonico as Inspector 0f the 4‘“ Precinct in Nonh Minneapolis, a position considered
t0 be one 0f the toughest in the Police Department. This decision had been made with the prior
approval of Hodges.
6. But, Hodges had other plans and reversed her position. Shonly after the
announcement, in a series of text mesgages between Hodges and Harteau on City-issued cell
phones, Hodges stated that Delmonico was untrustworthy (“we can’t trust John”) and was a racist
(“they also remember lots of racist stuff he has done”). A copy of the text messages is attached
hereto as Exhibit A, and incorporated herein by reference.
7. Because the text messages constituted “public records” under the Minnesota
Government Data Practices Act, they were produced to the news media in response Io requests
and widely published.
8. Hodges ultimately blocked Delmonico’s appointment.
III. _C_L_A_IM
9. The allegations in Paragraphs 1-8 are realleged and incorporated herein by
reference.
10. At the time Hodges made the statements about Delmonico set forth above in
Paragraph 6 (the “Defamatory Statements”), Hodges was an agent and employee of the City and
acting within the scope of such agency and employment.
4805069 2
27-CV-17-15654 Filed in Fourth Judicial District Court10/12/2017 11:31 AMHennepin County, MN
11. At the time Hodges made the Defamatory Statements, Delmonico was a private
Minnesota resident, not a public figure.
12. Hodges’ Defamatory Statements that Delmonico was untrustworthy and a racist are
false, libelous, and defamatory, per se. The Defamatory Statements exposed Delmonico to hatred,
contempt, ridicule, and obloquy.
13. The Defamatory Statements were not privileged.
14. The Defamatory Statements were widely publicized and included in news articles,
including articles in the Minneapolis Star and Tribune, the Pioneer Press, and 0n the internet,
television and radio.
15. Hodges’ Defamatory Statements were intentionally or recklessly made with malice,
hatred, and ill-will toward Delmonico and with a desire to injure him. Upon information and
belief, Hodges’ desire to injure Delmonico stems from, among other things, prior disputes over
union pension benefits (when Hodges was 0n the Minneapolis City Council and Delmonico was
head 0f the Minneapolis Police Federation) and over a dispute that became known as
“Pointergate,” where Delmonico questioned the wisdom of the Mayor posing in a photograph with
a convicted criminal while appearing to flash gang signs for the camera.
16. Hodges’ Defamatory Statements harmed Delmonico‘s reputation and lowered him
in the estimation 0f his profession and the community in general. As a direct and proximate result
0f the publication of Hodges’ Defamatory Statements, Delmonico has suffered damage t0 his
career, reputation, shame, embarrassment, mortification, and mental anguish, all to his damage in
an amount in excess of $50,000, t0 be established by proof at trial.
4805069 3
27-CV-17-15654 Filed in Fourth Judicial District Court10/12/2017 11:31 AMHennepin County, MN
WHEREFORE, Delmonico demands judgment against Hodges and the City, jointly and
severally, for:
1. compensatory damages according to proof;
2. interest as allowed by law;
3. costs 0f stiit; and
4. such other and further relief as this Court may deem just and proper.
Delmonico also expressly reserves the right to seek leave 0f Court t0 assert a claim for
punitive damages pursuant to Minn. Stat. § 549.20.
FABYANSKE W S ,HART & THOMSON, P.A.
Dated: October 11, 2017 ByKyle E. Har/(#159025)
Nathan R. Sellers (#0393010)
333 South Seventh Street, Suite 2600
Minneapolis, MN 55402
(612) 359—7600
khm‘lt’iii:fwhllaw.com
nsellersa’ifil‘whllaw.com
Frederic Bruno (#123213)
BRUNO LAW, PLLC5500 Wayzata B1vd., Suite 1000
Minneapolis, MN 55416
(763) 545-7900
brunozt}?brunolmvuml
ATTORNEYS FOR PLAINTIFF
ACKNOWLEDGMENT
reasonable attorney and witness fees may be
arty against whom the allegations in this
I acknowledge that costs, disbursements
awarded under Minn. Stat. § 549.21 1, subd.
pleading are asserted.
Kyle E. Hart (#159025)
4805069 4
27-CV-17-15654 Filed in Fourth Judicial District Court10/12/2017 11:31 AMHennepin County, MNonoo AT&T ’a 3:32 PM 4 0‘ $ 61%.}w 0 G)
Thanks for you kind words.
And... Ot is your cavll thoughI have a question on two.
Mostly, we know we can't
trust John. How will
You deal with that?
Yes l can
He played his role as
president but we had manyagreements that we workedthrough! Now he's on myteam and therefore yours
The rank and file voted him
out — will they accept him?
Yes they already do! andthey didn't vote him out
they wanted change. He exman
has been instrumental in é
helping Kjos lead the
27-CV-17-15654 Filed in Fourth Judicial District Court10/12/2017 11:31 AMHennepin County, MN«no AT&T ’6 3:32 PM 1 0‘ $ 60% gj-
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out - will they accept'him?
Yes they already do! andthey didn't vote him out
they wanted change. Hehas been instrumental in
helping Kjos lead the.
troops Since the damageFritz has done. I also needsomeone who can lead
during contentious election
times and not waver fromthe mission. John knowshow to manage politics andwill do what | need him to
do.
Great. Love that.
Today 1:55 PM
Progressive communityremembers he's the onewho commented on
27-CV-17-15654 Filed in Fourth Judicial District Court10/12/2017 11:31 AMHennepin County, MN«no AT&T cs
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9 <9Janee
Progressive communityremembers he's the onewho commented onpointergate, and in 4th
precinct especially to have
that person inspector wontbe doing a lot of good for
community relationships.
They also remember lots of
racist stuff he has done.
Sorry, — Iwas in meetings
when we were texting
before and all this came to
me.
This will be very bad for NI
work and community trust
building.
And |don‘t know that | will
be able t0 defend it.
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27-CV-17-15654 Filed in Fourth Judicial District Court10/12/2017 11:31 AMHennepin County, MN«coo AT&T 4? 3:32 PM 4 '6
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What time does the
announcement go out?
To go from fritz to
Delmonico for a lot of
people will be *disastrous*. I
understand for a certain old
school Circle they remember
It's our
him fondly. For everyoneelse they know him as the
pointergate guy — and the
one | pointed out opposedall progressive policing
strategies.
I'm in a meeting and can't
talk. | disagree and we haveuntil Aug 20th to further
build relationships and |
have a plan to do so
27-CV-17-15654 Filed in Fourth Judicial District Court10/12/2017 11:31 AMHennepin County, MNooooo AT&T 6‘ 3:32 PM 4 0‘
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'7’1-IWF—umA—‘v—*fi-v———~k~i > -r-- ">"—
What is g_gg,2Q? And I don't
think community activists
are going to wait and see:
The ’effective date
Was that part of the
communication out to the
public?
| really think you're
underestimating how poorly
this will be taken.
When did announcement goout?
Ok. | assume| will hear about it shortly.
lam going to have t0
_ VI"
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27-CV-17-15654 Filed in Fourth Judicial District Court10/12/2017 11:31 AMHennepin County, MN«no AT&T cs 3:32 PM 4 a >3 60% Ij-
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Ok. I assumeI will hear about it shortly.
I am going to have to
determine how l respond to
this. You let me know onceit was decided, not in time
to advise against it, so myoptions are limited.
Chief, we need to talk.
I will call you as soon as |
can
Make it soon, chief.
Need10
Chief. Unless you're in an
active life threatening
situation there is nothing
you're doing right now that
is more imoortant than
a 9 Q 9.
27-CV-17-15654 Filed in Fourth Judicial District Court10/12/2017 11:31 AMHennepin County, MN«no AT&T 6? 3:32 PM 4 0‘
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rv -'v v
Need10
Chief. Unless you're in an
active life threatening‘
situation there is nothing
you're doing right now that
is more important than
talking with me.
To be clear - don't talk to
Delmonico until I have a
plan and give the 0k
Copy. Again | am tied upwith my family for Lauren's
18th birthday dinner from4-10. Happy to talk after or
in the morning
Ok. I will work through
rondo.
Delivered
‘ i,
A N }a t' E Q i L:‘-..-'>:i. ;’ if-Tfitag LR: 9 g
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