bashaw et al v johnson complaint
TRANSCRIPT
-
7/31/2019 Bashaw Et Al v Johnson Complaint
1/7
-
7/31/2019 Bashaw Et Al v Johnson Complaint
2/7
2
6. Venue is proper in this Court pursuant to 28 U.S.C. 1391 in that Plaintiffs all areresidents of the State of Kansas and the Defendants actions that constitute this cause of action
occurred in Olathe, Johnson County, Kansas.
7. Prior to June 2, 2011 Plaintiffs were employees of Defendant Jeremiah Johnsonand/or The Law Offices of Jeremiah Johnson.
8. At all times relevant hereto Plaintiffs worked as office staff in Defendants lawoffice located at 104 East Poplar, Olathe, Kansas.
9. At all times relevant hereto Plaintiffs were directly supervised by, and reported to,Jeremiah Johnson.
10. Plaintiffs were each encouraged by Jeremiah Johnson to wear skirts and highheels while working in the office.
11. Some time prior to June 2, 2011 Defendant purchased an Apple iPhone, an AppleiPad, and an application named Cam-u-flage which allowed the iPhone and/or iPad to be used
to conduct video surveillance.
12. Some time prior to June 2, 2011 Defendant purchased new desks, replacing theold office desks.
13. The new desks were open, allowing a persons feet, legs, and lower torso to beviewed, if one was looking under the desks, while a person was properly seated at the desk.
14. On a number of occasions prior to June 2, 2011, and after the purchase andinstallation of the new desks, Defendant requested and/or instructed each Plaintiff to sit at a
particular desk (Desk #1), for no particular reason or apparent benefit in completing their job
tasks.
Case 2:11-cv-02693-JWL-JPO Document 1 Filed 12/20/11 Page 2 of 7
-
7/31/2019 Bashaw Et Al v Johnson Complaint
3/7
3
15. On many occasions prior to June 2, 2011 each Plaintiff sat at a particular desk(Desk #1) while wearing skirts, in accordance with Defendants dress code and office policy.
16. On a number of occasions prior to and including June 2, 2011 Jeremiah Johnsonpositioned his iPhone and/or iPad using the Cam-u-flage application or some similar program, to
surreptitiously film under the desk at which each of the Plaintiffs regularly sat.
17. On a number of occasions prior to and including June 2, 2011 utilizing an iPhoneand/or iPad with the Cam-u-flage application or some similar program, Jeremiah Johnson
secretly recorded each of the Plaintiffs while each was sitting at the desk (Desk #1). The
recordings were directed at the Plaintiffs legs, lower torso, and allowed anyone viewing the
recordings to see Plaintiffs legs and between their legs to the undergarments.
18. At all times relevant hereto Plaintiffs had a reasonable expectation of privacyunder their desk and while at work in a law office.
COUNT I INVASION OF PRIVACY
19. Plaintiffs restate and incorporate by reference paragraphs 1 through 18 of thisComplaint as though fully set forth herein.
20. At all times relevant hereto Plaintiffs had a right to privacy, particularly in thearea directly under their work desk, while sitting at the desk, working in a law office.
21. The acts of Defendant described herein are of such a nature that they would causemental distress or injury to a person having ordinary feelings and intelligence.
22. Defendant intentionally and/or negligently intruded upon the solitude or seclusionof Plaintiffs.
23. Defendants intentional and/or negligent intrusion would be highly offensive to anordinary person.
Case 2:11-cv-02693-JWL-JPO Document 1 Filed 12/20/11 Page 3 of 7
-
7/31/2019 Bashaw Et Al v Johnson Complaint
4/7
4
24. The actions and conduct set forth herein were outrageous and showed an evilmotive or reckless indifference or conscious disregard for the rights of plaintiffs and therefore
plaintiffs are entitled to punitive damages from defendant to punish and deter defendant and
others from like conduct.
25. As a result of the conduct alleged herein, Plaintiffs sustained damages includingbut not limited to mental suffering, shame, humiliation, and loss of income.
WHEREFORE, based on the above and foregoing, Plaintiffs respectfully pray for
judgment against Defendant for damages in an amount in excess of $75,000.00 each, for punitive
damages, together with their fees, costs, and expenses incurred herein, and for such other further
relief as the Court deems just and proper.
COUNT II - OUTRAGE
26. Plaintiffs restate and incorporate by reference paragraphs 1 through 25 of thisComplaint as though fully set forth herein.
27. Defendants conduct alleged herein was intentionally and/or negligently, orrecklessly, inflicted upon Plaintiffs.
28. Defendants conduct alleged herein was extreme and outrageous and showed anevil motive or reckless indifference or conscious disregard for the rights of plaintiffs and
therefore plaintiffs are entitled to punitive damages from defendant to punish and deter defendant
and others from like conduct.
29. Defendants conduct alleged herein caused severe emotional distress to Plaintiffs.30. As a result of the conduct alleged herein Plaintiffs sustained damages including
but not limited to severe emotional distress, mental suffering, shame, and humiliation.
Case 2:11-cv-02693-JWL-JPO Document 1 Filed 12/20/11 Page 4 of 7
-
7/31/2019 Bashaw Et Al v Johnson Complaint
5/7
-
7/31/2019 Bashaw Et Al v Johnson Complaint
6/7
6
e. in other manners to be discovered throughout the course of discovery andlitigation of this matter.
36. The actions and conduct set forth herein were outrageous and showed an evilmotive or reckless indifference or conscious disregard for the rights of Plaintiffs and therefore
Plaintiffs are entitled to punitive damages from Defendant to punish and deter Defendant and
others from like conduct.
37. As a direct and proximate result of Defendants breach of fiduciary duty Plaintiffssustained damages including but not limited to severe emotional distress, mental suffering,
shame, and humiliation.
WHEREFORE, based on the above and foregoing, Plaintiffs respectfully pray for
judgment against Defendant for damages in an amount in excess of $75,000.00 each, for punitive
damages, together with their fees, costs, and expenses incurred herein, and for such other further
relief as the Court deems just and proper.
Plaintiffs request a jury trial on all issues pursuant to FRCP Rule 38.
DEMAND FOR JURY TRIAL
DESIGNATION OF PLACE OF TRIAL
Plaintiffs designate Kansas City, Kansas, as the place of trial.
Case 2:11-cv-02693-JWL-JPO Document 1 Filed 12/20/11 Page 6 of 7
-
7/31/2019 Bashaw Et Al v Johnson Complaint
7/7
7
Respectfully submitted,
A. Scott Waddell KS# 20955s/ A. Scott Waddell
Waddell Law Firm LLC2029 Wyandotte, Suite 100Kansas City, MO 64108Telephone: 816.221.2555Facsimile: 816.221.2508E-mail:[email protected] FOR BROOKE BASHAW
AND
COPLEY ROTH &WILSON, LLC
Jason P. Roth KS# 20529s/ Jason P. Roth
Patrick Copley KS# 206997300 College Blvd., Suite 175Overland Park, KS 66210Telephone: 913.451.9500Facsimile: 913.451.9501E-mail:[email protected]:[email protected] FOR KATIE SELLERS
AND
Anne Schiavone KS# 19669HOLMAN SCHIAVONE, LLC
s/ Anne Schiavone
4600 Madison Ave., Suite 810Kansas City, MO 64112Telephone: 816.283.8738Facsimile: 816.283.8739E-mail:[email protected] FOR
LAUREN SPALSBURY
Case 2:11-cv-02693-JWL-JPO Document 1 Filed 12/20/11 Page 7 of 7
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]