Jeff Chen Amended Complaint

Case 2:11-cv-02119-TSZ Document 14
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1 2 3 4 5 6 7 8 9 JEFFREY CHEN, individually, 10 Plaintiff, 11 v. 12 13 14 15 16 Defendants. 17 COMES NOW the Plaintiff, JEFFREY CHEN, by and through his attorneys, and 18 states: 19 I. 20 1. 21 discrimination and the wrongful termination of the employment of former Chief of Police 22 Jeffrey Chen by the City of Medina. 23 24
1 FIRST AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF
JONES LAW GROUP, P.L.L.C. 11819 NE 34TH S TREET BELLEVUE, WA 98005 TEL. (425) 576-8899 FAX (425) 576-9898
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON
Case No. 11-cv-02119-TSZ FIRST AMENDED COMPLAINT FOR DAMAGES AND INJUNCTION RELIEF 12-PERSON JURY REQUESTED
CITY OF MEDINA, a public agency and Washington noncharter code city; DONNA HANSON, in her official and individual capacities; BRET JORDAN, in his official and individual capacities; JOHN DOES 1-3 and JANE DOES 1-3, in their official and individual capacities,
NATURE OF ACTION, JURISDICTION, AND VENUE This is a civil rights lawsuit seeking damages and injunctive relief for racial
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2.
Although Chief Chen has a right to due process before he can be disciplined
or fired from his job, the City of Medina terminated Chief Chen with only a cursory acknowledgement of due process procedures. This was done deliberately, in order to avoid due process protections. 3. The City Manager, Donna Hanson, collaborated with the investigators and
acted as accuser, judge, and jury branding Chief Chen as untruthful and dishonest with the intention of disciplining and terminating Chief Chen in a manner designed to damage any future career in law enforcement and to prevent other employment possibilities. 4. No standards governed the City Managers decision-making process or
ultimate decision. Ms. Hansons decision against Chief Chen was based on her personal, subjective belief about whether Chief Chen was truthful, and that subjective belief grew out of Ms. Hansons prejudice towards Chief Chens race and national origin, as well as a retaliatory attitude Ms. Hanson had as a result of Chief Chens reporting of deceptive budgeting committed by Ms. Hanson. 5. During the four months Chief Chen was on administrative leave and
following Chief Chens termination, members of the City Council took personal measures to actively assist in the decision to malign and terminate Chief Chen causing irreparable damage to his reputation and thwarted specific future employment opportunities. The City adopted Ms. Hansons decision and failed to question Ms. Hansons process. 6. Because Ms. Hansons accusations, contrived investigation, and decisions
failed to meet constitutional standards, the sanction of terminating Chief Chens employment is unfair and based on unlawful reasons.

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7.
A substantial basis for Chief Chens termination was Ms. Hansons and the
Citys prejudice resulting in unlawfully discriminatory actions that are prohibited by the Fourteenth Amendment to the Constitution of the United States. 8. Another substantial basis for Chief Chens termination was Chief Chens
reporting of Ms. Hansons improper governmental actions to the City Council, speech that is protected by the First Amendment to the Constitution of the United States and Washington laws. 9. Chief Chen has therefore brought this action under 42 U.S.C. 1983 for
violation of his rights under the First and Fourteenth Amendment to the Constitution of the United States, Title VII of the Civil Rights Act, and Washington laws. The jurisdiction of this Court is invoked pursuant to 28 U.S.C. 1343, 28 U.S.C. 1331, 42 U.S.C. 1983, and 42 U.S.C. 2000e-5(f)(3). This Court has supplemental jurisdiction of the state law claims under 28 U.S.C. 1367. 10. Venue is properly located in the Western District of Washington, Seattle
Division, pursuant to 28 U.S.C. 1391, because the Plaintiff and Defendants reside and/or are located within this District and the actions complained of occurred within this District, in King County. II. 11. PARTIES
Plaintiff Jeffrey Chen is an individual, who at all material times, is and was a
resident of the Western District of Washington. Prior to his termination, he was a long-time employee of the City of Medina and served as its Chief of Police.

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12.
Defendant the City of Medina is a council-manager governed city existing
under the laws of the state of Washington, Chapter 35A.13 RCW, and located in the Western District of Washington. 13. Defendant Donna Hanson resides in the Western District of Washington. At
all material times relevant to the allegations against her in this Complaint, Ms. Hanson was and is the City Manager for the City of Medina. Ms. Hanson is sued here for injunctive relief in her official capacity and for damages as an individual. 14. Defendant Bret Jordan resides in the Western District of Washington. At all
material times relevant to the allegations against him in this Complaint, Mr. Jordan was a resident of the City of Medina. Mr. Jordan also began serving as a City Council member in 2008 and was named as the Citys Mayor in 2010. Mr. Jordan is sued here for injunctive relief in his official capacity and for damages as an individual. 15. Defendants John Does 1-3 and Jane Does 1-3, whose identities are not known
with certainty to Plaintiff at the present time, were involved in or participated in the acts and omissions that led to the unlawful discrimination, unlawful termination, and other claims described below. Their identity should be fully known after disclosure of public records by the City of Medina which are being sought by Chief Chen and which are the subject to a Public Disclosure Act in state superior court, King County, Washington. III. i. FACTS ENTITLING PLAINTIFF TO RELIEF
Chief Chens law enforcement background and career with the City of Medina. Chief Chen is a 50-year old Chinese-American male.
16. 22 23 24

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17.
Chief Chen was hired as a patrol officer by the City of Seattle in May 1988
and resigned at the rank of Detective Sergeant in April 2001. During his 13 year career with the Seattle Police Department, Chief Chen held a key leadership position at the training division and frequently taught a variety of courses including diversity, cultural sensitivity and bias-based policing classes to law enforcement executives, officers and civilian personnel. 18. Chief Chen was employed by the City of Medina Police Department from
June 1, 2001 to April 27, 2011. Chief Chen was hired at the rank of Captain, then designated interim Chief of Police for January 2004 and, then, promoted to the ultimate rank of Chief of Police on February 1, 2004. He maintained that rank and position until his termination. 19. On December 17, 2010, during a meeting with City Manager Donna Hanson,
Chief Chen was forced to submit his resignation, which he made effective December 31, 2010. On December 23, 2010, prior to the effective date, Chief Chen revoked his resignation. The City of Medina placed Chief Chen on administrative leave on December 27, 2010, and then terminated his employment on April 27, 2011. 20. As an employee of the City of Medina, Chief Chen experienced racial
discrimination and national origin discrimination, as well as retaliation for constitutionally protected First Amendment speech and actions, including whistle-blowing on improper use of government funds and resources that put the community at risk. The discrimination and retaliation culminated in Chief Chens termination on April 27, 2011. 21. At the time he was placed on leave, during his leave, and at the time of his
termination, Chief Chen was capable of performing all of the essential functions of the job.

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At the time Chief Chen was placed on administrative leave, he was performing all of the essential functions of the job. Chief Chens race and national origin were not bona fide occupational qualifications for his job. 22. As the Medina Chief of Police, Chief Chen performed a variety of complex
administrative, supervisory and professional work in planning, coordinating and directing the activities of the ten-plus member Medina Police Department whose jurisdiction includes the Town of Hunts Point by contract. 23. As Chief of Police, Chief Chen has overall authority and management
responsibility of the Medina Police Department. The Chief is responsible for establishing and monitoring plans, goals, standards, and operating procedures for the department. The Chief is also responsible for assuming the financial well-being of the department by performing cost control activities, monitoring all fiscal operations of the Department, and preparing the annual budget. The ultimate responsibility for the fiscal management of the Police Department rests with the Chief of Police. The Chief of Police is the liaison between the City Council and the Department, and communicates City programs and policies to department staff. 24. Chief Chen also had responsibility for formulating strategic plans,
investigating personnel complaints, handling grievances, providing training, preparing and submitting periodic reports to the City Manager and City Council, and for maintaining a network of professional relationships. Chief Chen also engaged in the full scope of law enforcement and investigation activities that any officer of this small police force would perform.

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25.
Throughout his employment, Chief Chen was qualified to perform his job,
performed it well, and received positive performance reviews. Chief Chen is popular in the communities of Medina and Hunts Point, trusted, and credited with enhancing the police departments professionalism. During Chief Chens employment he made many improvements to the police department such as obtaining a mobile communication unit, obtaining FBI training, and obtaining accreditation certification. Prior to his termination on April 27, 2011, Chief Chen had no significant prior disciplinary actions or history of performance problems with the City. ii. 26. The City structure. The City of Medina operates under a Council-Manager form of government
organized under Chapter 35A.13 RCW. Under this form of governance, the city is governed by an elected City Council that is responsible for policy making, and a professional City Manager, appointed by the Council, who is responsible for administration. 27. The City Manager provides policy advice to the Council, directs the daily
operations of city government, handles personnel functions, and is responsible for preparation of the City budget. The City Manager is directly accountable to the Council. The City Manager is the direct supervisor of the Chief of Police. 28. According to governing law, and City policy and custom, the City Manager is
responsible for and decides, executes, adopts, promulgates, represents, binds, and speaks on behalf of the City in personnel and administrative matters. When the City Manager acts generally, or when the City Council endorses or fails to restrain the City Manager from engaging in or permitting unlawful conduct, then the City Managers acts or omissions are in

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fact the decisions, executions, adoptions and/or promulgations of the City. 29. The City Council has the authority to create and adopt law and policy, and to
employ and provide oversight of a City Manager. The City Council selects a Mayor from among its members. The Mayor generally presides at Council meetings and is recognized as the head of the City for ceremonial purposes, but has no regular administrative duties differing from other council members. The City Council acts as a body, and no member holds extraordinary powers above those of other members or the Council as a whole. 30. The members of the Medina City Council at the time Chief Chen was fired
were: Mayor Brett Jordan, Katie Phelps, Shawn Whitney, Doug Dicharry, Mark Nelson, Janie Lee, and Patrick Boyd. 31. The City of Medina employs 25 full-time equivalent staff of which ten and a
half full-time equivalent staff are members of the police department. iii. The City of Medina is home to a hostile work environment and Chief Chen was targeted. The administrative leadership at the City of Medina supports a cultural bias
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that is anti-Asian. This culture derives from a segment of the broader city population that 16 makes it clear that if one is not white then one is different and not accepted. This different 17 treatment has created an atmosphere for Asian-Americans and Asians that is full of tension 18 and a permissive atmosphere for others to intentionally or ignorantly discriminate against 19 Asian-Americans and Asians. Asian-based discrimination takes many forms including 20 perceptions of Asian-Americans and culture that lead to narrow and limiting assignments, 21 language and accent discrimination, perceptions of foreignness, perceptions of social 22 deficiency, perceptions of lack of leadership, perceptions of insufficiency, perceptions of 23 24
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inferiority, and perceptions of lack of ability. 33. From 2001 until 2005, Chief Chen was the only racial minority employed by
the City. In 2005, Chief Chen hired a Hispanic male as a police officer who was employed until 2009. From October 2009 until his termination on April 27, 2011, Chief Chen was again the only racial minority staff employed by the City. 34. Historically, the City of Medina has afforded its Chiefs of Police written
employment contracts with benefits, privileges, terms, and conditions of employment. Two Chiefs of Police prior to Chief Chens tenure were white males. Both were given multipleyear written employment contracts including benefits, privileges, terms, and conditions. 35. contract. 36. In and about early 2010, Chief Chen obtained support from a majority of city Despite repeated requests, Chief Chen was denied a written employment
council members to get a written contract with the City. Upon information and belief, the council directed its attorney, Steven Victor, to research how to obtain civil service protection for Chief Chen including a written contract. Shortly thereafter, Mr. Victor left his law firm and Bruce Disend stepped into his place. 37. Chief Chen repeatedly followed up with Mr. Jordan about getting a contract in
place. Both Ms. Hanson and Mr. Jordan had the ability to get Chief Chen a contract, or claimed to have the authority to do so. Chief Chen did not get a written contract. 38. Even without a written employment contract, City policies, practices, and
representations establish that Chief Chen had a reasonable expectation that his employment would continue and that he would not be terminated except for cause.

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39.
According to a City Memorandum of Current Benefits, dated January 29,
2008, terms of employment [for Department Heads or Directors] have not always been clearly communicatedand have even suffered from inconsistencies. 40. The City represented to Chief Chen and to the public that Chief Chen was to
be afforded certain process because he is a public employee. 41. For many years, certain politically powerful members of the Medina
community, including past and current council members, mayors, city employees, and citizens have used their influence to carry out racial discrimination against Asian-American and Asian members of the community and employed intentional and malicious tactics to deprive them of their constitutionally and statutorily protected rights. Defendants are among this group of citizens and Chief Chen has been harmed and continues to suffer greatly as a result of their discrimination and malice. 42. Throughout his entire career with the City of Medina, Chief Chen faced a
hostile work environment paired with personal attacks including racially derogatory comments that were coming at him from all sides: City Council Members including two Mayors, his Chief of Police while he was Captain, police officers in his chain of command, the current City Manager, and several dogged community members. 43. In June 2001, Jeff Chen was hired as a Captain of the Medina Police
Department by Chief Michael Knapp. 44. While Chief, Mr. Knapp made several racist comments about Captain Chen
stating that Captain Chen was, a regular Charlie Chan, and you can never trust a smiling Chinaman.

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45. environment. 46.
Chief Knapp also encouraged and participated in a racially hostile
A few weeks after Mr. Chen was hired as Captain by the City of Medina, he
was made aware of a traffic stop made by Corporal Cary Coblantz. During a nighttime patrol, Corporal Coblantz stopped two black males in a car. As seen on a video that Chief Chen reviewed, Corporal Coblantz drew and leveled his gun at the black male occupants ordering them out and then back in to the car at gunpoint. This action violated proper police procedures and Captain Chen notified Chief Knapp. 47. Captain Chen sought permission from Chief Knapp to provide coaching and
counseling to an argumentative Cary Coblantz. Within six months, Cary Coblantz quit to join the King County Sheriff's office. Both Chief Knapp and then-Medina Police Officer Dan Yourkoski were friends with Corporal Coblantz and blamed Captain Chen for his departure from the department. 48. Corporal Coblantz also bragged about drawing his gun on a prominent local
sports figure of Asian ethnicity. 49. On one occasion, Officer Yourkoski was discussing a department applicant
with another officer. The applicant was a black male. Chief Knapp made a comment along the lines of, Did you see the size of his hands? I bet those hands would be great cotton picking hands. 50. 51. Mr. Knapps contract expired and was not renewed at the close of 2003. City Manager Doug Schulze promoted Captain Chen to Interim Chief of
Police on January 1, 2004 and then to permanent Chief of Police on February 1, 2004.

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52.
Chief Chens promotion did not curb the on-going discrimination as it had
infiltrated into the department through persons such as Officer Yourkoski. 53. Vocal members of the community continued to attempt to influence the City
Manager and Council Members resulting in continuing discrimination and harassment. 54. In the fall of 2005, while Chief Chen was on an extended leave for training
with the FBI, Lieutenant Roger Skinner made the following offensive and racist comments to two other City employees, One thing Ive noticed is that even though there are a lot of Asian people in Seattle, there arent a lot of Asians as supervisors at Seattle. I think Asians dont make good managers because people dont like them. 55. In February 2006, upon Chief Chens recommendation to then-City Manager
Doug Schulze, Roger Skinners employment was terminated. Even when persons who exhibited clear racial discrimination and bias toward Chief Chen were terminated or their employment contracts not renewed, the culture of bias continued. 56. Throughout 2007 and 2008 Chief Chen endured and suffered personal attacks
against him by people in positions of authority or supporters who were past, current, or future members of the City Council, former and current City employees, and citizens. These individuals include Henry Paulman, Miles Adam, Drew Blazey, Pete Vall-Spinosa, Eric Hokanson, Lucius Biglow, and Roger Skinner (referred to herein as the original conspiracy group). More specific details about each individual and their roles follow. Several have been explicit and overt in their race based attacks, while others use less obvious but still invidious tactics, and still others hide behind pseudonyms or anonymity. Collectively these individuals in positions of power participated in a concerted effort to perpetuate and cause an

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environment of continued race-based discrimination targeting Chief Chen and other AsianAmericans and Asians in the community. 57. Henry Paulman is a former City of Medina resident who maintains a
connection and is influential with the City governance, administration and the original conspiracy group. 58. Miles Adam served on the City Council from August 2003 through December
2007. Mr. Adam served as the Medina City Mayor from January 2006 through December 2007. 59. Pete Vall-Spinosa was a City of Medina Council Member from 1978 to 1990,
sitting as Mayor from 1988-1990, and a Council Member again from 2004-2008. 60. Mr. Vall-Spinosa and Mr. Adam were instrumental in supporting the bias
toward Asian business and property owners within the City and supported those who discriminated against the Asian community and Chief Chen. 61. Lucius Biglow served as a City of Medina Councilmember from January 2006
through December 2009. Mr. Biglow had a controversial turn as a councilmember that included a censure from the council relating to sexual harassment and racially charged comments. 62. Upon information and belief, Mr. Biglow made anti-Asian comments during
executive session while on the council. Upon information and belief, Mr. Biglow is the author of a written piece distributed to Medina citizens containing inflammatory racist comments about Asians.

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63.
As early as 2006 or 2007, members of the original conspiracy group began,
continued, and expanded a conspiracy to oust Chief Chen from his position as Chief of Police and to thwart his ability to obtain public employment or employment in the public security sector by decimating his reputation because he is Chinese-American. 64. Beginning in or around May 2006, Eric Hokanson, an employee of a visible
Medina gas station, began a long-term and on-going campaign against Chief Chen that included multiple complaints and extensive public records requests aimed at Chief Chen. Upon information and belief, Mr. Hokansons on-going campaign has been the result of manipulation and exploitation by others in the community with racist attitudes towards Chief Chen. Upon information and belief those others include, at a minimum, known acquaintances of Mr. Hokanson: Mr. Paulman, Mr. Skinner, Mr. Biglow, Mr. Adam, and Mr. Vall-Spinosa. 65. Over the course of more than four years, Mr. Hokanson made more than 750
(seven-hundred and fifty) public records requests to the City of Medina. The vast majority of Mr. Hokansons public records requests were thinly veiled personal attacks against Chief Chen. In 2007, Mr. Hokanson filed approximately one dozen Police Personnel Complaints that were baseless and without merit. 66. On or about January 29, 2007, Mr. Paulman refused to speak with Chief Chen
when Chief Chen returned a call Mr. Paulman had made to Sgt. Kane, a white officer, who was out of the office. Mr. Paulman stated to Chief Chen that he does not talk to Orientals, and that Chief Chen would not be working for the City much longer. 67. Mr. Paulman followed up his threat by filing a series of complaints against
Chief Chen with multiple agencies with the intent of humiliating and embarrassing Chief

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Chen and in furtherance of his plan to have Chief Chen fired. 68. In or about March 2007, upon information and belief, Mr. Paulman and Mr.
Hokanson, along with another person, lodged a complaint with the state auditors office against Chief Chen with the intent and purpose of publically embarrassing him and furthering their plan to have him fired. In or about July 2007, Mr. Paulman submitted a complaint to the City about Chief Chen. In or about September 2007, Mr. Paulman submitted another complaint to the City and requested that Chief Chen be sanctioned. Mr. Paulman also disseminated complaints about Chief Chen to community members. 69. In March 2008, a draft report from the state auditors office regarding the
complaint against Chief Chen filed, upon information and belief by Mr. Paulman, in March 2007 was anonymously and intentionally leaked to the media and public despite the State Auditor and the then-City Manager, Mark Weinberg, directing that the draft not be released because drafts are often altered and could, therefore, be misleading to the public. 70. Prior to the February 2008 audit leak, the only individuals believed to have
access to the draft document were three council members, Drew Blazey, Jim Lawrence, and Shawn Whitney; City Manager Mark Weinberg and City finance officer Jan Burdue; two members of the police department, Chief Chen and Lt. Dan Yourkoski; and the state auditors. Upon information and belief, the person or persons leaking the draft was or were someone from that finite group. 71. During the time around his voluntary departure in March 2008, outgoing City
Manager Mark Weinberg sent a scathing e-mail to incoming interim city manager Michael Caldwell and to the media citing reasons for his resignation. Mr. Weinberg stated to a local

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newspaper on March 14, 2008 that he believed Chief Chen was being targeted. Mr. Weinberg wrote, At the root of thisis the fact that a couple of current and a couple of former council members have created an unholy alliance with Henry Paulman and Eric Hokanson in an attempt to run Police Chief Jeff Chen out of town. I have good reason to believe that their motives are personal and even laced with bigotry. 72. Upon information and belief, members of the original conspiracy group also
requested that the Washington Attorney Generals Office investigate Chief Chen, and contacted the Kirkland Police Chief to request that a corruption investigation be launched against Chief Chen. iv. The City Manager, Donna Hanson, treated Chief Chen differently and with hostility. On November 3, 2008, Donna Hanson began her employment as the new City
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Manager. It quickly became apparent that Ms. Hanson holds ignorant and bigoted views 13 towards Asian-Americans and Asians and that one of her goals as City Manager was to 14 remove Chief Chen. 15 74. 16 conspiracy group. She communicates with members of the original conspiracy group with 17 frequency and has been influenced by them and the hostile environment that pervades the 18 City of Medina administration. 19 75. 20 alienated him from the City leadership staff. 21 76. 22 directors by listening, focusing, and making eye contact. Ms. Hanson withheld from Chief 23 24
Ms. Hanson associates with and has been influenced by people in the original
Ms. Hanson was outwardly dismissive of Chief Chen and these actions
During weekly staff meetings, Ms. Hanson sincerely engaged with other
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Chen the same courtesies and respect that she afforded others and seemed to refuse to make eye contact. Others at the City, including both staff and City Council members noticed this disparity in treatment towards Chief Chen and others in the City of Medina. 77. Ms. Hanson also repeatedly failed to respond to Chief Chens regular
communications with her as his supervisor via electronic mail and telephone, and in many similar regards failed to acknowledge him as a person, much less the Citys Chief of Police. Others within the City of Medina, employees and City Council members noticed the disparity in treatment towards Chief Chen in particular and in comparison to non-Asian American persons in the City of Medina. 78. In December 2008, Chief Chen submitted a performance self-review summary
to the City Manager, his supervisor, as he had done for past City Managers. The self-review was 17 pages. On January 15, 2009, Ms. Hanson and Chief Chen reviewed Ms. Hansons one-page draft performance appraisal. The short draft performance appraisal contained mostly generalized statements. At that time Ms. Hanson had only been employed by the city for a little over two months. Chief Chen followed up the meeting with a written response seeking specific clarification of the general statements in order to understand and integrate the feedback and comments. Ms. Hanson suggested she would respond and that the two of them would meet again. After not hearing anything further from Ms. Hanson, in mid-March, Chief Chen followed up with Ms. Hanson about setting a meeting. Ms. Hanson never responded. 79. At the same January 15, 2009 meeting Ms. Hanson informed Chief Chen for
the first time of a complaint made against him relating to a December 2008 snow storm. The

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alleged complaint was made by homeowners who were affiliated in the past with the original conspiracy group through their efforts to prevent an Asian grocery store owner from operating a business across the street from their home. Chief Chen never received written notice of the complaint and was not afforded any further process or procedure relating to the complaint. On January 20, 2009, Chief Chen contacted Ms. Hanson to request such procedure and expressed a concern that Ms. Hanson had given Chief Chen the impression the complaint was made a part of the brief draft performance appraisal. Chief Chen again followed up with Ms. Hanson in mid-March 2009. Ms. Hanson never responded to Chief Chen about this incident, his request for handling the complaint according to the policies and procedures mandated by the Medina Police Department Standards policy manual, or his January 20, 2009 communication to her. 80. Approximately two months after becoming City Manager, Ms. Hanson went
on vacation. Ms. Hanson appointed planning director Robert Grumbach, a white male who had only six months of employment with the City at the time, as the acting City Manager. In so doing, Ms. Hanson disregarded previous City practice and protocol of appointing Chief Chen to that position during the City Managers absence. 81. Ms. Hanson actively thwarted Chief Chens ability to perform his job by
making herself unavailable and impossible to communicate with regarding items Chief Chen championed, that Ms. Hanson disagreed on, and/or that required Ms. Hansons action or approval. 82. Chief Chen had obtained a 2008 Emergency Management Performance Grant
from the Department of Homeland Security that was designed to fund and better prepare the

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City to respond to all hazards and enhance preparedness activities and emergency management. The grant was set to expire without having been fully exhausted and required Ms. Hansons approval to avoid that result. In and about February and March 2009, Chief Chen repeatedly attempted to obtain approval to implement the planned security project funded by the grant from Ms. Hanson but found it difficult to discuss with her. Shortly before the grant expired in March 2009, Chief Chen caught up with Ms. Hanson in her office and again sought her decision on the matter because he was concerned the City was about to lose the grant. 83. Ms. Hanson became indignant and sharp, and said to Chief Chen, Stop
badgering me on this issue, I can't decide right at this moment, besides, I thought you Chinese people were supposed to be more patient than this! 84. The grant opportunity expired and Ms. Hanson never provided a reason for
her abruptness on the issue or an apology to Chief Chen for associating his persistence to utilize a grant for the benefit of the City with a racially charged statement aimed as a personal attack. In e-mail exchanges, Ms. Hansons reasons for stalling the grant fulfillment included the planned remodel of city hall, but Chief Chen had notified Ms. Hanson that the procurement request covered by the grant was an item required for police department accreditation that was to be completed before the remodel which negated Ms. Hansons basis for delay. 85. During Chief Chens active employment and prior to the events of December
2010, Ms. Hanson further undermined Chief Chens position, role, and credibility by repeatedly approaching colleagues and others outside the City to double-check on Chief

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Chen and actions he took or decisions he made without communicating with him personally or directly. 86. Also during Chief Chens active employment and prior to the events of
December 2010, Ms. Hanson commented to a colleague outside the City words to the effect of, If Jeff Chen ever tries to apply for any future police chief job in the public sector, he will never get my support and will never work in law enforcement again. He may be able to get a job in the private sector, but he'll never work again in the public sector. 87. Prior to Thanksgiving Day in 2009 at the conclusion of a department director
staff meeting with all present, Ms. Hanson asked Chief Chen, Do you people celebrate Thanksgiving? and Do you people eat turkey? 88. For many months throughout 2010, Ms. Hanson and Nancy Adams, the City
Finance Director, repeatedly badgered Chief Chen, to the point that he felt harangued, about budgeted items that were necessary to sustain the public safety program, within the departments mission, and within Chief Chens authority. 89. At the same time, Chief Chen identified valuable budget cuts and savings, e.g.
cutting permission for overtime work and pursuing an alternate marine patrol contract, and was actively making changes to implement those savings. Instead of acknowledging the value to the City of these savings, Ms. Hanson repeatedly questioned Chief Chen about necessary expenditures. In the case of the marine patrol contract, she outright opposed him after having given explicit authorization for him to pursue an alternate less costly and more effective contract.

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90.
Ms. Hanson harbors prejudiced and racist views against Chief Chen and these
views have been a motivating factor behind her acts and omissions, in both her personal and official capacities, that are pleaded herein. 91. Ms. Hansons treatment of Chief Chen continued a legacy of racial
discrimination at the City of Medina. Ms. Hansons behavior and her clear intent to remove Chief Chen as Police Chief gave others at the City and around Chief Chen implicit permission to engage in racial hostility and animus towards Chief Chen. 92. In or about February 2008, Lt. Dan Yourkoski, in vicious hostile parody,
reiterated to Chief Chen several times, former-Chief Michael Knapps comments to Chief Chen, do you remember when Knapp used to say, you cant trust a smiling Chinaman? And, Chens a regular Charlie Chan? Lt. Yourkoskis continued reiteration of these racist comments and the extensive humor he found in them made Chief Chen uncomfortable and added to the tense and hostile work environment at the City. Chief Chen verbally reprimanded Lt. Yourkoski advising him to stop making those offensive anti-Asian comments ever again. 93. In or about January 2010, during a police department staff meeting brain-
storming a list of goals for the year, Lt. Yourkoski, while standing at a white board behind Chief Chens back, added to the list in written words NEW CHIE [sic] on the white board. All department personnel and officers were present. This act elicited laughter from police officers and mocked Chief Chen. Chief Chen gave Lt. Yourkoski a written reprimand for this insubordinate conduct and placed the memo into his personnel file.

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v. 94.
Mayor Bret Jordan. Defendant Bret Jordan, the Citys Mayor beginning in January 2010, has
engaged in an invidious and surreptitious attack against Chief Chen sending mixed and confusing signals by acting as a friend and confidant on occasion and making veiled racebased threats at other times. Before becoming Mayor, Mr. Jordan derogatorily commented to Chief Chen, I thought Asians had small ones, how did you have four kids? referencing the size of Chief Chens genitals. 95. In or about July 2010, Mayor Jordan and Chief Chen had a conversation in
which they spoke about Mayor Jordan treating Chief Chen fairly in front of the public and Ms. Hanson. Mayor Jordan stated that sometimes he would have to give the public appearance the two were not friends. Despite this difficult conversation, Chief Chen made a gift of a knife to Mayor Jordan. Mayor Jordans response was, I know how to use one of these. Im a skinner not a gutter. Chief Chen understood in the context of the conversation that the comment was racially-targeted. 96. The following month, in September 2010, while at the Spot Tavern with three
other city council members following a city council meeting, Mayor Jordan lamented that years ago he applied but was not hired by the Seattle Police Department and he gave up on a police career. He said, I realized they only hired cunts and runts. When asked what he meant by runts, he replied minorities. 97. Later that same month, at a meeting, Mayor Jordan informed Chief Chen that
certain influential members of his own family are racist and that one in particular only speaks to Chief Chen because he is the police chief but otherwise wouldnt speak with Asians.

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98.
Mayor Jordan harbors prejudiced and racist views against Chief Chen and
these views have been a motivating factor behind his acts and omissions, in both his personal and official capacities, that are pleaded herein. vi. 99. Despite knowledge, the City took no remedial action. During their tenures as City Manager, Doug Schulze, Roger Crum, Mark
Weinberg, Michael Caldwell and Donna Hanson, had actual knowledge and were aware of the discriminatory behavior aimed at Chief Chen and/or Asian-Americans and Asians, and of the Citys hostile work environment. 100. During their tenures as City Manager, Doug Schulze, Roger Crum, Mark
Weinberg, Michael Caldwell and Donna Hanson, should have had knowledge and been aware of the discriminatory behavior aimed at Chief Chen and/or Asian-Americans and Asians, and of the Citys hostile work environment. 101. City Manager Doug Schulze had actual knowledge of Chief Knapps racist
comments to then-Captain Chen. The City failed to take remedial or disciplinary action as a result of Chief Knapps blatant racism. 102. In or about February 2010, Chief Chen met with Ms. Hanson to discuss
improving continuity of government processes. During the meeting Chief Chen attempted to address the hostile work environment with Ms. Hanson; her response was to minimize and ignore his concerns saying she doesnt believe in conspiracies. Since Ms. Hanson has been City Manager, the City has failed to take any remedial or disciplinary action to address the disparate treatment and hostile work environment inflicted against Chief Chen.

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103.
During the entire time Chief Chen was employed by the City of Medina, upon
information and belief, no trainings have been offered to or required to be attended by City employees that address racial discrimination and/or cultural oppression or sensitivity. The only exceptions include gender-based or sexual harassment trainings and Chief Chens own coaching and counseling of officers to correct perceived racial profiling. 104. The City failed to take any remedial or disciplinary action to address any of
the racial discrimination that occurred while Chief Chen was employed by the City. The City also failed to take any remedial or disciplinary action to address the hostile work environment while Chief Chen was employed by the City. vii. 105. MX Logic. In or about 2008 and thereafter, the Citys internal email and internet system
repeatedly crashed. These repeated crashes threatened continuity of government operations and threatened the Citys responsibilities for maintaining public records. In addition, police officer safety was affected by these crashes because, for example, when police dispatch would email a picture of a potential suspect to an officer the officer could not access it if and when the system was down. 106. As one solution, the City contracted with a third-party, off-site vendor, MX
Logic, to act as a repository for City emails. This repository provides a redundancy system and external access to emails. 107. As part of his responsibilities as Chief of Police, Chief Chen had authorization
to access MX Logic for multiple reasons, including but not limited to conducting or aiding investigations, intelligence gathering, efficient administration, record maintenance and

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responding to public records requests, and as directed from time to time by the City Manager. 108. Chief Chen was neither given notice of nor made aware of any policies or
rules limiting the Chief of Polices access to MX Logic. There are no City policies or rules limiting the Chief of Polices access to MX Logic. 109. According to the City, there are no conditions of use, or ... law to which use
[of MX Logic] is subjected per City Policy. 110. City Council members are provided policies which specifically inform them
to expect their emails through the City to be public and specifically not private. 111. Accessing and effectively using the MX Logic system for authorized purposes
requires conducting searches via limited search parameters and painstakingly parsing through search results by opening each returned result. 112. In or about 2007, and up to the time of his termination, Chief Chen became
aware of multiple situations pointing to improper and unauthorized flow of information out of the City government. This flow of information threatened both public safety as well as the police departments administrative responsibilities and was an on-going problem through the time Chief Chen was placed on administrative leave. 113. Chief Chen repeatedly notified the various City Managers he worked for of
these threats and identified improper and unauthorized access to e-mail and the citys computer system as the likely conduit through which access to the Citys information was occurring. Chief Chen raised the concern and threat of improper and unauthorized access to electronic data and information with the sitting City Manager, at least, in or about September

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2008, January 2009, February 2010, and October 2010. viii. Chief Chen blows the whistle on Donna Hanson and is retaliated against.
The Marine Patrol Contract 114. In 2010, upon the direction of Ms. Hanson that department directors find ways
to decrease budgets, Chief Chen identified multiple budget-saving ideas. One idea was to reconsider the Citys marine patrol contract with Mercer Island and approach the City of Seattle for an alternate bid. Ms. Hanson initially approved this idea and authorized Chief Chen to work with the City of Seattle and obtain an alternate bid. 115. Chief Chen kept Ms. Hanson informed of his progress on the marine patrol
contract project. Ultimately, the Seattle of City submitted a proposal that was significantly superior to the existing contract with Mercer Island in terms of cost and services provided. In or about August and September 2010, Chief Chen recommended to Ms. Hanson that the City accept Seattles contract because of the cost savings. However, Chief Chen did not have a personal stake in the Citys ultimate decision. He had pursued the idea because it met the Citys goal of implementing budget-saving tactics and he had been directed by Ms. Hanson to pursue this particular idea. He felt it was part of his job to pursue this possible contract change. Ms. Hanson directed Chief Chen to continue moving the project forward and submit the draft contract to the Citys attorneys, which he did. 116. Ms. Hanson is a known acquaintance and friend of the City Manager for
Mercer Island. Rather than notify the Mercer Island City Manager herself of Medinas likely plan to end its contract with Mercer Island, Ms. Hanson directed Chief Chen to do so.

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117.
The proposed contract was placed on the agenda for the City Councils
September 2010 meeting. At that meeting, without any prior warning, Ms. Hanson expressed her opposition to the contract change citing the affect it would have on Mercer Islands budget. After months of work on the project and all prior communications from Ms. Hanson in support of the idea, Chief Chen was surprised by her opposition. 118. Chief Chen contacted Mayor Jordan following the September 2010 meeting
and expressed his frustration at the communication problems he felt Ms. Hanson had with him. Mayor Jordan immediately responded along the lines of, Let me guess, its over the Mercer Island Marine Patrol contract. Mayor Jordan was clearly aware of Ms. Hansons attempts to undermine and thwart Chief Chens ability to perform his job and her dismissive attitude towards Chief Chen that was demonstrated by her refusal to fully communicate with him. 119. Ultimately, the City ratified the new contract with the City of Seattle at the
October 2011 council meeting. Hidden Raises 120. In or about late August or early September 2010, and prior to September 7,
2010, Chief Chen accessed MX Logic to obtain records relevant to on-going 2011 budget preparations and to conduct a regular review of officer communications as part of his oversight responsibilities. Chief Chen came across an email whose subject referenced budget stuff or a similar reference including budget, that was relevant to the parameters of his purpose for accessing MX Logic.

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121.
Due to the nature of MX Logics function, it is not possible to eliminate a
search result that appears to be a relevant email, such as including budget in the subject line, without opening and viewing the email. 122. Chief Chen opened and read the email with the subject budget stuff or some
similar reference. The email was from Ms. Hanson to another City director, and directed that person to include a salary increase for himself in the draft budget and explaining how to do it so it would not appear to be an increase. 123. On or about September 7, 2010, upon her invitation, Chief Chen met to
discuss the public safety budget as part of the Citys overall budget with Councilmember Janie Lee, who sat on the Citys Finance Committee. Chief Chen reported the content of Ms. Hansons email to Ms. Lee. Mayor Bret Jordan and Councilmember Shawn Whitney were also notified. 124. Upon information and belief, during the next week, Ms. Lee and Ms.
Whitney, both of whom comprised the Citys Finance Committee, confronted Ms. Hanson about her intent to include hidden salary raises for exempt employees contrary to the Councils stated position. 125. On or about September 13, 2010, Ms. Lee announced at the City Council
meeting that there would be no salary raises at the City, except those that were contractually required and directed the City Manager to implement this policy in her proposed budget. This policy mirrored the Citys adopted policy for the 2010 budget. 126. On or about October 11, 2010, Ms. Whitney publically confronted Ms.
Hanson during the City Council Meeting about including hidden salary increases for select

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exempt employees in the 2011 budget. Ms. Hanson admitted to having also included salary increases for select exempt employees in the 2010 budget despite actual knowledge of a similar policy for that year. 127. The following morning on or about October 12, 2010, Ms. Hanson angrily
lashed out at Chief Chen during the standing City directors staff meeting declaring in an highly audible voice, I dont appreciate being called a liar! referring to Ms. Whitneys confrontation the night before. 128. Upon information and belief, over the next week, members of the City
Council considered and informally discussed firing Ms. Hanson. 129. On or about October 25, 2010, Don Eagon, a contract IT employee, informed
two Medina police officers that the Citys IT staff person, Craig Fischer, was reading the Mayor and City Managers emails on MX Logic to determine if he was going to lose his job with the City. The officers passed on this report to Chief Chen who verbally reported the information to Ms. Hanson on or about October 26, 2010. 130. Ms. Hanson angrily directed Chief Chen not to investigate the issue any
further and told him the matter would be handled, dismissing his report and role as police chief. 131. Chief Chens verbal report was followed up with three written reports by
Chief Chen and each of the two officers, on or about October 28, 2010. 132. On or about October 26, 2010, only two weeks after Ms. Hanson was
publically confronted by the City Council about hidden salary raises, upon information and belief, Ms. Hanson contacted the Washington Cities Insurance Association (WCIA) and

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requested a pre-termination investigation targeting Chief Chen in retaliation for his report to the City Council of Ms. Hansons hiding salary raises and his recommended change to the Citys marine patrol contract provider. ix. 133. Termination of Chief Chen. According to the City, as a result of Ms. Hansons call to the WCIA, Michael
Bolasina was hired to investigate use of the MX Logic system. 134. At the time, Chief Chen was not made aware of Ms. Hansons contact with
the WCIA or any actions taken to follow up on his report of unauthorized access of MX Logic except when he was instructed by Donna Hanson to provide physical access to the City server to third-party Information Technology personnel. 135. Upon information and belief, during the investigation Michael Bolasina
obtained information from a third party that MX Logic had been accessed from multiple internet service providers including Clearwire and Comcast. 136. Upon information and belief, Mr. Bolasina suspected that Chief Chen was
accessing the MX Logic system and sought to interview him. Mr. Bolasina contacted the City Managers office and requested the December 15, 2010 interview with Chief Chen described herein. 137. On or about December 7, 2010, the City Clerk, Ms. Rachel Baker created a
meeting appointment through Microsoft Outlook for Chief Chen with Michael Bolasina. Due to schedule conflicts, the meeting was ultimately set for December 15, 2010. Ms. Hanson had also requested that Chief Chen participate in an Emergency Preparedness meeting scheduled for the same time. Chief Chen pointed out the conflict to Ms. Hanson and she responded that the meeting with Mr. Bolasina would not take long, and Chief Chen could be late for the

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other meeting. 138. Chief Chen was not given any information about whom Mr. Bolasina was and
why he was meeting with him other than it had to do with unauthorized access of MX Logic. Without additional information or notice, Chief Chen assumed it was a meeting relating to his October 26, 2010 report to Ms. Hanson about Craig Fischers access. 139. 140. On December 9, 2010, Chief Chens divorce became final. On December 15, 2010, Chief Chen held the appointment in his police
department office with Mr. Bolasina. The entire meeting lasted less than 15 minutes. 141. As Chief Chens supervisor, Ms. Hanson never gave Chief Chen any
information or direction as to the purpose of this meeting or what role Mr. Bolasina had with regard to the City. Mr. Bolasina did not indicate in advance that Chief Chen was the subject of the questions, and Mr. Bolasinas role was not clear. 142. Ms. Hanson knew or should have known Chief Chen was under investigation
and failed to inform or provide notice to Chief Chen of the same. 143. If Chief Chen had been informed by Donna Hanson of Mr. Bolasinas role
and the purpose of the interview with Mr. Bolasina, or if he had been given notice that he was under investigation, Chief Chen would not have misunderstood the context of Mr. Bolasinas questions and his responses would have been different. Instead, Chief Chen understood that Craig Fisher was being investigated for unauthorized access to MX Logic. Chief Chen did not understand that Mr. Bolasinas questions were about his own access to MX Logic. 144. Also as a result of the misunderstanding that arose because neither Ms.
22 Hanson nor Mr. Bolasina informed Chief Chen of the actual purpose of the interview, Chief 23 24
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Chen was constrained in his responses. He was constrained because, as Chief of Police, he has knowledge that must be kept secure, and Chief Chen had not been made aware whether Mr. Bolasina had clearance to access confidential or secure police department information, including some of the specific purposes for which MX Logic is legitimately and necessarily accessed by the Chief of Police. 145. Chief Chen found Mr. Bolasinas method of questioning odd and confusing. It
was only after the meeting concluded that Chief Chen recognized that the questions about access to MX Logic were about his own access and not Craig Fischers access. Because Chief Chen had authorized access to the system and no information about Mr. Bolasinas role had been given and only very little information about the purpose of the meeting with Mr. Bolasina, Chief Chen had answered the questions with a predisposed notion that they were about Craig Fischers unauthorized access. Chief Chen had been given no reason, and there was no apparent circumstance, to suggest otherwise.
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146.
Upon information and belief either (i) Ms. Hanson and/or others in her office
told Mr. Bolasina that Chief Chen was unauthorized to access MX Logic; or (ii) Ms. Hanson and/or others in her office failed to tell Mr. Bolasina that Chief Chen had been provided a password and was authorized to access MX Logic; and/or (iii) Mr. Bolasina failed to inquire whether or not Chief Chen was authorized to access MX Logic. 147. The same day, December 15, 2010, Mr. Bolasina forwarded a draft
declaration to Chief Chen to sign. Chief Chen refused to sign it because it contained grossly inaccurate characterizations of the facts. 148. At this point, Chief Chen began to seriously suspect that he was the target of
an investigation by Mr. Bolasina. As a result, he made an appointment with Ms. Hanson to

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discuss what was going on. 149. Upon information and belief, Mr. Bolasina concluded Chief Chen accessed
the MX Logic system improperly and without authority. The complete basis of this conclusion has never been disclosed to Chief Chen. 150. Upon information and belief, Mr. Bolasina reported to Ms. Hanson that Chief
Chen lied to him during the investigation. Chief Chen did not lie to Mr. Bolasina. 151. The content, findings, and conclusions of Mr. Bolasinas investigation have
been withheld from Chief Chen and the public. 152. Despite the fact that the content, findings, and conclusions of Mr. Bolasinas
investigation have been withheld from Chief Chen and the public, the Citys pretext reason for terminating Chief Chen includes as a significant part of its basis the content, findings, and conclusions of Mr. Bolasinas investigation. 153. On the afternoon of Friday, December 17, 2010, Ms. Hanson and Chief Chen
met. The purpose of the meeting, from Chief Chens perspective, was to obtain the truth from Ms. Hanson as to whether Chief Chen was under investigation. 154. In contrast to their previous interactions in which Ms. Hanson appeared not to
acknowledge Chief Chen, this meeting differed starkly. Ms. Hansons tone and attitude were aggressive, and her eye contact was glaring. During the short and heated meeting, Chief Chen and Ms. Hanson argued about who had authorized or unauthorized access to the city email archive. 155. Ultimately, Ms. Hanson pronounced to Chief Chen that he had lied during his
interview with Mr. Bolasina and that, with the full support of Mayor Jordan, she could fire

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him on the spot. She gave Chief Chen the option of being placed on administrative leave or resigning. 156. Given Ms. Hansons behavior and actions towards Chief Chen throughout
their employment together, in which she acted negatively, with bias, hostility, and discrimination towards him, Chief Chen reacted emotionally. He was completely surprised by this turn of events. Chief Chens typical professional demeanor was broken by Ms. Hansons revelation that he was the one being investigated and by the sense of power that she exuded when she threatened to fire him right then. Chief Chen took a blank sheet of paper from Ms. Hansons printer, and scrawled out his brief resignation to be effective December 31, 2010. 157. Chief Chen made the effective date December 31, 2010 to provide time to
reflect and allow cooler heads to prevail. 158. Upon receiving Chief Chens written resignation, Ms. Hanson suggested that
Lt. Yourkoski be named acting Chief. Chief Chen agreed to send an e-mail out to the department to that effect. At that time, Chief Chen temporarily took back the resignation letter from Ms. Hanson in order to make a copy. Chief Chen retrieved keys and other miscellaneous items, placed the items into envelopes and returned to Ms. Hansons office where he handed the items to her. 159. The Medina Police Department Standards policy manual applies to the
Medina Chief of Police, including Chief Chen. The standards require: a. that all complaints against an employee will be investigated and
properly documented;

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b.
that affected employees who become subject to an internal affairs
investigation will be given written notice, within 10 days of an allegation, that they are subject to an investigation, the allegations against the employee, and the employees rights and responsibilities relative to the investigation; c. that an internal investigation should only commence when there is
reasonable suspicion to believe an employee has violated a law, department policy, or regulation; and d. that internal investigations must be completed within 30 days unless
extenuating circumstances exist. 160. When the Chief of Police is the subject of a complaint or investigation, the
complaint is directed to the City Managers office. 161. Ms. Hanson began an investigation into Chief Chen without reasonable
suspicion to believe he had violated a law, department policy, or regulation. 162. Prior to December 15, 2010, Ms. Hanson failed to provide any notice, written
or otherwise, to Chief Chen that he was being investigated. 163. Even after the December 17, 2010 meeting, Ms. Hanson still failed to provide
proper notice to Chief Chen that he was being investigated and the purpose of the investigation until the February 17, 2011 interview with Ms. Ellen Lenhart. 164. Ms. Hanson failed to comply with the time and other requirements mandated
by the Police Department Standards Manual. 165. In this case, the Medina Police Department Standards policy manual was
entirely disregarded.

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166.
During the initial investigation, upon information and belief, Ms. Hanson
failed to require that the investigator, Michael Bolasina, comply with and apply to Chief Chen the policies mandated in the Medina Police Department Standards policy manual. 167. At the time Michael Bolasina interviewed Chief Chen, Chief Chen either was
in fact under investigation or a potential target of an investigation and the policies laid out in the Medina Police Department Standards policy manual should have been implemented. 168. Mr. Bolasina holds himself out as experienced and knowledgeable in the field
of municipal compliance and litigation prevention, as well as investigation, and should have consulted with Donna Hanson to determine whether there were any policies in place that he would be required to follow. At the same time, Ms. Hanson as the City Manager should have told Mr. Bolasina or at least inquired as to whether the policies contained in the policy manual applied. 169. The City reported Chief Chens resignation to the Washington State Criminal
Justice Training Commission on or about December 21, 2010, well before its effective date and what would have been his last date of employment. Chief Chen was not concurrently informed of the report being sent to the Commission. 170. At the time a police officer ceases employment, a report to the Washington
State Criminal Justice Training Commission is required within 10 days following the last day of employment. 171. Upon information and belief, the City has not dealt with any other employee
or officers employment termination in this manner.

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172.
Prior to the effective date of Chief Chens resignation, Ms. Hanson or City
personnel under her direction notified the City Council and the news media of his resignation. 173. Notifying the media effectively denied Chief Chen of the time period prior to
the effectiveness of the resignation to reconsider his resignation and revoke it without public questioning, media reporting, and scrutiny regarding the reasons for his action. This notice effectively took the internal personnel matter of Chief Chens contemplated resignation and made it public more than 10 days prior to its effective date. By her actions, or those actions at her direction, Ms. Hanson unilaterally made Chief Chens resignation effective immediately. 174. Ms. Hanson destroyed Chief Chens reputation by providing the press with
false information, failing to correct information falsely reported to the public by the press, failing to correct information falsely reported by other third parties who relied on information from the City Manager, and continuing to investigate Chief Chen in order to create allegations to support his termination. 175. The City adopted Ms. Hansons acts and failed to correct her, alter her course,
or otherwise independently correct the false information that she disseminated. 176. The next business day after Chief Chen resigned; Ms. Hanson reported the
resignation to media noting a variety of Chief Chens accomplishments and accolades. 177. After reflection and discussion with six out of the seven council members,
others in the police department, and his family, Chief Chen was convinced that his resignation was premature and should be rescinded.

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178.
On December 23, 2010, Chief Chen notified Ms. Hanson of his decision to
rescind his resignation. On December 27, 2010, Ms. Hanson placed Chief Chen on administrative leave without giving a reason. Ultimately, Ms. Hanson terminated Chief Chen from City employment. 179. Upon information and belief, during Mr. Bolasinas investigation, Craig
Fischer, a white City employee, was afforded the following: notice he was being investigated, non-misleading information, no demand to sign a declaration stating he did not have authority to access the MX Logic system, and he retained his employment with the City. Upon information and belief, Craig Fischer admitted to accessing MX Logic without authority and for improper purposes. 180. In contrast, Chief Chen was not given notice by the City Manager that he was
being investigated by Mr. Bolasina. Chief Chen was misled as to the scope and purpose of the interview. He was asked to sign a declaration stating he did not have authority to access the MX Logic system, and when Chief Chen refused to sign the declaration because it was inaccurate, he was labeled a liar and eventually terminated. 181. The City has repeatedly represented that, as of December 23, 2010 or at the
time Chief Chen rescinded his resignation, everyone knew Chief Chen was going to be terminated. x. 182. The City expands the investigation. During the first City Council meeting following Chief Chens resignation and
rescission and his being placed on administrative leave, in January 2011, the public outcry in support of Chief Chen was significant, and it was building. The City, through the mayor,

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responded with a statement indicating that members of the council could not talk about the situation but that there would be an expeditious process and resolution. 183. The public response placed the City on notice that the reasons thus far
presented were not politically sufficient to terminate Chief Chen. Upon information and belief, the City decided that additional investigation into Chief Chen was necessary in order to support a decision of termination because at the time of the January council meeting there was not sufficient reason, politically or legally. 184. In response, Ms. Hanson began significant and concerted efforts to create
sufficient doubt as to Chief Chens credibility in an effort to (i) justify her and Mr. Bolasinas actions, and (ii) move forward her plan to fire Chief Chen. Ms. Hanson had directed others at the City, including the City Clerk, Rachel Baker, and then-acting Chief of Police, Lt. Yourkoski, to substantially expand the investigation and to find facts that would support Chief Chens administrative leave and eventual termination. Ms. Hanson did not have a legitimate basis for expanding the investigation, and the Citys alleged basis is pretext. 185. At the same time, Ms. Hanson was reporting to Council members that there
was more that Chief Chen had done wrong than had thus far been presented, and there was more factual support for placing Chief Chen on administrative leave and pursuing his termination. Ms. Hanson was also reporting to council members that the City had hired a state investigator to subpoena information from a large corporation which would ultimately prove the more that Chief Chen had done wrong.

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186.
Ms. Hanson relied upon Mayor Jordan, and council members Mr. Boyd and
Mr. Nelson to keep the public at bay while she created more allegations to justify her actions. These council members were informing their constituents that there was more to the story, and that there was information that they could not yet reveal to the public, but that once it was revealed it would justify all the time and energy the City was investing, and it would justify Chief Chen being on administrative leave for, at the time, one month. 187. Mr. Bolasina and those in his law office aided Ms. Hanson, through on-going
investigation, in her attempt to convey to the Council members that there was more. 188. Mr. Dicharrys wife also relied on Ms. Hansons representations that there
were legitimate bases for Chief Chens leave, in commenting on the reason for the delay in the City revealing the results of the pending investigation. She reportedly stated, If only you knew, there is so much more but, personnel matters need to remain private. Others in the community with connections to council members were making similar comments. 189. All the while, upon the best information and belief that Chief Chen has been
able to obtain, there was no state investigator, and there was no subpoena issued to a large corporation. The representations that there was more to the story, i.e. that some legitimate purpose for Chens administrative leave existed, proved to be untrue. 190. However, Ms. Hanson and the City took additional time to ferret out
additional reasons on which to base Chief Chens administrative leave and termination. With the help of Chief Chens police department, the City began to build a case based upon claims that: (i) Chief Chen had failed to return police department items when he resigned and later was placed on administrative leave; (ii) that he purchased an extra iPod for the department,

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that the iPods he had returned differed in storage capacity than the ones he had purchased; (iii) that his time sheets indicated he was on vacation on a date he obtained gasoline in his police vehicle; (iv) that his judgment in voiding one particular traffic ticket (of many) was questionable because the persons spouse subsequently became a council member; and (v) that his protocol for writing and record keeping of police department memoranda was unacceptable because he used the To and From memorandum format in a manner that resulted in people outside the police department questioning and misunderstanding the protocol and practice. Chief Chen has rebutted these bases in detail and with evidentiary support. 191. Donna Hanson could not identify a legitimate basis justifying termination of
Chief Chen. She created and relied upon several smaller issues and attempted to characterize Chief Chen as deceptive. These smaller issues, individually and together, are not sufficient bases for Chief Chens being placed on administrative leave and terminated. These bases are only pretext for the unlawful employment actions taken and wrongful discharge of Chief Chen. 192. On or about January 27, 2011, Chief Chen specifically requested in writing
that the City afford him due process to halt and avoid the delay and on-going harm that was occurring to his reputation. 193. The City responded, through a letter signed by Ms. Hanson, but written by
Mr. Bolasina, that Chief Chen would not be afforded the rights he was seeking and that they were working as quickly as they could.

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194.
By this time Mr. Bolasina, who had failed to appreciate the true motive of
Donna Hanson, had been utilized to investigate Chief Chen to such an extent that he recognized he may be a witness in the case and therefore recommended the City obtain new counsel. 195. Meanwhile, following Chief Chens decision to terminate him in October
2009, Roger Skinner filed a lawsuit against the City, Chief Chen and other individuals at the City. Under the Citys insurance, the WCIA appointed Shannon Ragonesi as legal counsel to Chief Chen. Ms. Ragonesi was counsel for Chief Chen in the Skinner case from its inception and continuing into early January 2011. During much of the same time, Ms. Ragonesi also represented the City of Medina in a different matter called Rohrbach v. City of Medina/Weinberg. Chief Chen was not a party in the Rohrbach matter but he was a witness on the Citys behalf. Mr. Bolasina represented the former City Manager, Mark Weinberg, in the Rohrbach case. 196. Through working with the City of Medina and directly in connection with
Donna Hanson on the pre-termination investigation relating to Chief Chen, Mr. Bolasina formed opinions regarding Chief Chen. Mr. Bolasina took it upon himself to convey those opinions to Ms. Ragonesi, Chief Chens attorney in the Skinner matter. Essentially, Mr. Bolasina opined that Chief Chens credibility was in question. In light of this development, the WCIA together with the City settled the Rohrbach case. Internally, Ms. Hanson blamed Chief Chen for, in her and Mr. Bolasinas view, placing the City in a weak negotiating position and forcing a settlement.

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197.
Without first obtaining City Council approval, Donna Hanson, through the
WCIA hired Stephanie Alexander to provide legal counsel in Mr. Bolasinas stead on the issue of Chief Chens employment. 198. On or about February 2, 2011, Mr. Bolasina and Ms. Hanson jointly presented
what bases and supporting facts they had for Chief Chens leave and termination to the City Council in an executive session. 199. Upon information and belief, the City determined that there was insufficient
evidence to terminate Chief Chens employment and that more support was required. In order to produce additional support, a second investigation was necessary. Upon recommendation by the WCIA and through attorney Ms. Alexander with approval from Mr. Bolasina, Ellen Lenhart was retained to conduct an independent investigation. 200. Ms. Lenhart is a former attorney in the state of Washington whose current
business is to conduct independent investigations. 201. Mr. Bolasina and Ms. Lenhart know each other within their professional
community and have worked on cases together. Both Ms. Lenhart and Mr. Bolasina receive investigative business, in part, from the WCIA and from attorneys who are hired to provide services to the WCIA and its constituents. 202. It is a City policy and custom to listen to and follow advice of its legal counsel
on personnel matters and pre-litigation issues. 203. Upon information and belief, the City listened to and followed the advice of
its counsel throughout the investigations of Chief Chen, the Loudermill hearing, the termination of his employment, and post-termination.

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204.
The City listened to and followed advice of its legal counsel to commence and
proceed with the second investigation of Chief Chen performed by Ellen Lenhart. The City hired Ellen Lenhart upon advice of counsel. xi. 205. Mayor Jordans influence. Upon information and belief, beginning in or about early February 2011,
members of the City Council had been or began meeting privately to discuss the Chief Chen investigation in detail. These meetings did not include all Council Members and excluded Council Members Shawn Whitney and Janie Lee. 206. As a result, the City Council essentially became a council of five rather than
seven members. There were meetings between council members where strategy was discussed, information conveyed, and decisions made. Mayor Bret Jordan was instrumental in this process. He worked to cover up dissent among the council and insisted that the public see only a unified council that was not going to interfere with the actions of the City Manager. 207. Mayor Jordan had knowledge of Ms. Hansons discriminatory attitudes and
acts towards Chief Chen. Mayor Jordan knew that Ms. Hanson would likely act in a biased and unfair manner toward Chief Chen. Mayor Jordan also had knowledge of Ms. Hansons intent to oust Chief Chen. 208. As one of the initial recipients of the report, Mayor Jordan knew that Chief
Chen had reported that Ms. Hanson had included hidden salary raises in the City budget in or about September 2010.

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209.
Mayor Jordan also knew of Ms. Hansons attempts to undermine and thwart
Chief Chens ability to perform his job and her dismissive attitude towards Chief Chen that was demonstrated, in part, by her refusal to fully communicate with him regarding the marine patrol contract change. 210. Based on at least the salary budget issue, Mayor Jordan knew that Ms. Hanson
could be manipulative and that she could and would hide important information from the Citys attorneys or council members so that council decisions were made with false or misleading information or, at least, with relevant and critical information withheld. Mayor Jordan knew that these and other tactics could be or were being employed by Ms. Hanson to construct an appearance of justification for the constructive termination and, ultimately, the actual termination of Chief Chen. 211. Upon information and belief, Mayor Jordan knew the investigation
commenced by Ms. Hanson was targeted at removing Chief Chen from his position. 212. Prior to the December 17, 2010 meeting between Ms. Hanson and Chief
Chen, Ms. Hanson consulted with Mayor Jordan and received his support to place Chief Chen on administrative leave, force him to resign, and/or threaten to fire him. Mayor Jordan knew Ms. Hanson intended to place Chief Chen on administrative leave or force him to resign, and Mayor Jordan knew Ms. Hanson intended to fire Chief Chen. 213. Mayor Jordan knew Ms. Hanson and others were providing information to the
public that would damage Chief Chens reputation. 214. Despite the knowledge described herein, Mayor Jordan aided Ms. Hanson
and/or failed to prevent Ms. Hanson from undertaking wrongful actions that have resulted in

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multiple violations of Chief Chens statutory, contractual, and constitutional rights. 215. In or before December 2010, Mayor Jordan had reached a unity of purpose or
a common design and understanding, or a meeting of the minds, with Ms. Hansons intent to fire Chief Chen for unlawful discriminatory reasons. 216. In or before December 2010, Mayor Jordan had reached a unity of purpose or
a common design and understanding, or a meeting of the minds, with Ms. Hansons intent to fire Chief Chen for unlawful retaliatory reasons. 217. Mayor Jordan knew or should have known that Ms. Hansons acts made in
furtherance of her plan to fire Chief Chen were a denial of Chief Chens constitutional and statutory rights including the right to be afforded procedural and substantive due process, the right to be free from discrimination based on race and/or national origin, and/or the right not to be retaliated against for protected speech and activities. 218. Mayor Jordan carried significant influence with both Ms. Hanson and fellow
council members. He exerted that influence with City Managers he worked with, including Ms. Hanson. He also lobbied and used his influence with other council members to create a majority who supported his intentions. 219. Through repeated communications, meetings, and relying on his influence,
Mayor Jordan worked to suppress dissent about Ms. Hansons investigations, decisions, and actions. Mayor Jordan worked to convince council members to present only a unified council to the public that would not halt, deter, or interfere with Ms. Hansons actions. 220. In March 2011, in an effort to resolve and move on from the dispute, Chief
Chen submitted a written settlement proposal to the City through its attorneys. Mayor Jordan

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and Ms. Hanson received copies of the offer. Mayor Jordan withheld the fact of this proposal from, at least, part of council. At least two or three of the City council members, if not more, were completely unaware of the proposal until the June 2011 council meeting. 221. Rather than aiding or preventing the harm to Chief Chen, Mayor Jordan
engaged in it as well by: failing to stop Ms. Hanson; by making representations to the public of, if you only knew what I know; authorizing the second investigation conducted by Ms. Lenhart knowing it would be tainted with bias; continuing to permit Chief Chens constructive termination; failing to take steps to afford Chief Chen due process; failing to require a full and impartial investigation and Loudermill hearing; and permitting the harm to Chief Chens reputation both within the City of Medina and outside to continue. 222. Mayor Jordan also encouraged and wrongly supported Ms. Hanson by either
instructing her or agreeing with a plan that she put the bases she was relying on for Chief Chens termination in writing with supporting declarations from witnesses that would be made available for public review. xii. 223. The Lenhart investigation. As part of her investigation, Ms. Lenhart interviewed Chief Chen. At the
beginning of the interview, she provided Chief Chen a written statement of Garrity Rights. 224. At first glance Ms. Lenharts act in providing Chief Chen with his Garrity
Rights appeared to be offered in an effort to afford him due process, but in fact it was merely done to intimidate Chief Chen. 225. Having been informed by the City that Ms. Lenhart was an independent
investigator, Chief Chen initially approached his interview with hope that finally an

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independent third party would view the situation without bias and would follow policy and procedure. Chief Chen desired to be able to provide information as to all matters in order to absolve himself of any suspicion and prove the contempt and discrimination Ms. Hanson and others had demonstrated towards him. 226. Ms. Lenharts questions during the interview were wide-ranging. They
included topics and issues that Ms. Lenhart left out of her final written report. 227. Ms. Lenhart informed Chief Chen that her final report to the City would be
oral and not written. However, Ms. Lenhart produced a 109-page written report. 228. Chief Chens expectations and hopes of a fully independent inquiry were
quickly dashed because at the conclusion of the interview, in which Chief Chen had presented a significant amount of evidence in support of his position, Ms. Lenhart casually informed Chief Chen that she was surprised to see Mr. Hokansons name in the information she was reviewing. She stated that she had thought kindly of Mr. Hokanson as a gas station attendant who had given her a ride to her car and such other courtesies in the past. 229. Chief Chen had just produced evidence that Mr. Hokanson had targeted him
and acted in a manner many reasonable people would consider extreme. Upon hearing Ms. Lenharts comment, which gave the impression that she found Mr. Hokanson credible and trustworthy, Chief Chen realized that the second investigation was already biased against him and would not be independent or otherwise complete or accurate. Chief Chen had no opportunity for his evidence to be considered by an investigator who was truly independent and would consider the matter without bias.

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230.
Throughout the second investigation, the City and Ms. Hanson continued to
fail to apply the policies mandated by the Medina Police Department Standards policy manual to Chief Chen. 231. Ms. Hanson began the second investigation into Chief Chen without
reasonable suspicion to believe he had violated a law, department policy, or regulation. Instead, she again commenced an investigation in an attempt to oust Chief Chen and save her own job. 232. Ms. Hanson failed to provide complete, prior notice, written or otherwise, to
Chief Chen that he was being investigated and the aims of the investigation. 233. Ms. Hanson failed to comply with the time requirements mandated by the
Police Department Standards Manual. 234. During this second investigation, upon information and belief, Ms. Hanson
failed to require that the investigator, Ellen Lenhart, comply with and apply the policies mandated in the Medina Police Department Standards policy manual to Chief Chen. 235. At the time Ellen Lenhart interviewed Chief Chen, Chief Chen was in fact
under investigation and the policies laid out in the Medina Police Department Standards policy manual should have been implemented. 236. During the second investigation nearly all of the requirements set forth in the
Medina Police Department Standards policy manual were disregarded. 237. During Ms. Lenharts investigation, Chief Chen provided her with the names
of witnesses who would provide evidence in his favor and refute the allegations against him. Ms. Lenhart declined to interview those individuals.

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238.
Ms. Lenhart concluded her investigation without considering all of the
information provided by Chief Chen and without interviewing individuals whose testimony would have supported Chief Chen. 239. Ms. Lenhart wrote a report detailing the findings of her investigation (the
Lenhart Report). The Lenhart Report is substantially based on information provided by Mr. Bolasina, Ms. Hanson, and other persons whose knowledge comes substantially through Mr. Bolasina and Ms. Hanson. 240. In proceeding with and conducting her investigation, Ms. Lenhart
communicated with the City of Medina or its agent Stephanie Alexander about the investigation. Ms. Lenhart took direction from the City and its agent Ms. Alexander. Ms. Lenhart gave deference to Mr. Bolasinas documents and information that he provided based upon her previous professional relationship with him and knowledge of him as performing similar work as she performs. As a result, Ms. Lenhart did not remain independent while conducting her investigation. xiii. 241. The Loudermill Hearing was procedurally defective. On March 31, 2011, more than three months after placing Chief Chen on
administrative leave, Ms. Hanson provided Chief Chen a Loudermill/Pre-Disciplinary Notice. This was the first actual and first written notice Chief Chen received of the complaints against him that the City was investigating. Chief Chen was also provided with the Lenhart Report. 242. The Loudermill notice claims Chief Chen (i) intentionally made materially
false statements and fabricated information during both Mr. Bolasinas and Ms. Lenharts

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investigations; (ii) forged memoranda in order to selectively void tickets; (iii) removed and/or destroyed data in City files; (iv) made questionable expenditures that may have been improper; (v) accessed MX Logic for reasons other than performance of official duties; and (vi) lost the confidence of subordinates as a result of the foregoing acts. 243. On April 14, 2011, Donna Hanson conducted a procedurally defective
Loudermill hearing to consider the allegations against Chief Chen and determine the sanction to be imposed. 244. Chief Chen had previously participated in a Loudermill hearing on behalf of
the City, and was aware of the general advice counsel gave to the City for how to conduct such a hearing. 245. At the hearing Chief Chen wanted the opportunity to communicate freely in a
give-and-take conversation with whoever was conducting it. However, based on his previous experiences, he had concerns that a he said/ she said situation could occur about the content of the Loudermill hearing, particularly in light of the allegations of dishonesty that had been leveled against him. As a result, in an effort to create an accurate record of the oral statements he planned to make during the Hearing, Chief Chen hired a court reporter to be present. The City, through its special counsel Ms. Alexander and Kari Sand from the Citys regular law firm of Kenyon Disend, refused to permit the court reporter to stay and record the Loudermill proceedings. The City threatened to find that Chief Chen had forfeited his right of a Loudermill hearing unless Chief Chen directed the court reporter to leave. As a result of this development, rather than addressing the City in the Loudermill hearing in a more free-form responsive manner, as he desired, Chief Chen orally read a written response

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that he had prepared rebutting the claims against him. 246. When the City denied him the right to record his oral statements with a court
reporter, Chief Chen was constructively denied the opportunity to fully respond at the Loudermill hearing. 247. Chief Chen brought two attorneys with him to the Loudermill hearing. One
attorney had been retained following failed settlement attempts where the City had refused to bring settlement offers to the attention of the full Council and, instead, only notified one or more council members. That attorney effectuated resolution to various outstanding matters such as return of items the City had requested from Chief Chen. The other attorney was present specifically for the purpose of defending the Loudermill hearing itself. The City, through Ms. Alexander and Ms. Sand, again threatened Chief Chen with forfeiture of the Loudermill hearing if he insisted that both attorneys remain present at the hearing. Chief Chen had no choice but to choose one attorney to remain and request the other leave. 248. As the Loudermill hearing began, Chief Chen provided written objections to
the hearing procedure. The objections included: conflict of interest as being a witness, motive due to retaliation, bias, and racial bias. Chief Chen also objected to the refusal to allow a court reporter and the refusal to have the two attorneys present on his behalf. The City took no action and provided no substantive response to the objections. Again, Chief Chen was told either proceed with the Loudermill, with Donna Hanson as the decisionmaker, or forfeit his right to a Loudermill hearing. 249. In order to assure an accurate record of his statements, Chief Chen read
verbatim from his written response, with the exception of repetitive topics.

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250.
Chief Chen read his response to the accusations against him at length. Ms.
Hanson did not take any notes or ask any questions. 251. At the conclusion of the hearing, and repeatedly over the following week, the
City demanded the written response be provided, stating that, you have until 5:00 PM to provide them, thereby implying that failure to provide the written response meant Chief Chens response would not be considered in reaching a final determination. Because the written response was verbatim what he orally stated at the Loudermill hearing it appeared that the oral statements Chief Chen made were either not accurately recalled or otherwise not going to be considered unless they were supported in writing. This result is another reason why Chief Chen had desired a court reporter. 252. On April 27, 2011, Ms. Hanson sent Chief Chen a termination letter that
included a list of reasons for the termination. The reasons stated were: dishonesty; abuse of position as Chief of Police; unauthorized removal and/or destruction of public records; improper access of City resources; improper access of City email archives; and loss of confidence of subordinate officers. These bases are pretext and based on false, inaccurate, or misunderstood facts. 253. decision. 254. On June 24, 2010, Chief Chen filed a claim with the City under Chapter 4.92 Chief Chen was not afforded any procedure for appealing Ms. Hansons
RCW. After consideration by the City Council, there was no formal response to Chief Chens claim.

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255.
On July 1, 2010, Chief Chen filed a complaint with the Washington state
Human Rights Commission (HRC), which is automatically jointly filed as a charge with the federal Equal Employment Opportunities Commission. Investigation by the Human Rights Commission is on-going and, based on representations from the HRC, Chief Chen anticipates that a response to the complaint will be forthcoming shortly. 256. The wrongful acts alleged in this complaint have caused damage to Chief
Chens reputation and he has been unable to obtain employment in his field of choice and expertise. His reputation is currently synonymous with dishonest because of the City, Ms. Hanson, and Mayor Jordans wrongful acts. Chief Chen has applied for employment to at least three or more opportunities a week. He is unable to obtain employment due to the harm to his reputation. As a result, he is not earning income and is suffering financial and emotional injury and other damages alleged herein. IV. CAUSES OF ACTION
Causes of Action Under Federal Law (Violations of 42 U.S.C. 1981) 257. Plaintiff realleges and incorporates by reference all factual allegations
contained above in the facts entitling plaintiff to relief and all allegations contained in causes of actions set forth in this Complaint as though fully stated in this cause of action. 258. Defendants City, Hanson, and Jordan refused to afford Chief Chen a written
employment contract on the basis of his race and refused to afford Chief Chen the same benefits, privileges, terms, and conditions as similarly-situated white persons, and in so doing acted with an intent or purpose to discriminate against Chief Chen based upon his race.

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259.
Defendants City, Hanson, and Jordan violated 42 U.S.C. 1981 when they
refused to afford Chief Chen a written employment contract with Chief Chen on the basis of his race and refused to afford Chief Chen the same benefits, privileges, terms, and conditions as similarly-situated white persons. 260. Defendants City and Hanson terminated Chief Chens employment on the
basis of his race and in so doing acted with an intent or purpose to discriminate against Chief Chen based upon his race. 261. Defendants City and Hanson violated 42 U.S.C. 1981 when they terminated
the employment contract with Chief Chen on the basis of his race. 262. Defendants City, Hanson, and Jordan violated 42 U.S.C. 1981 when they
retaliated against Chief Chen on the basis of race for seeking to exercise his right of freedom to make and enforce contracts. 263. Defendants Jordan and Hanson acted with malice or reckless indifference to
the federally protected rights of an aggrieved individual and they knew they were acting in violation of federal law. 264. Defendant City deprived Chief Chen of his rights afforded by 42 U.S.C.
1981 through its implementation or execution of policy statements and/or by officially adopting and promulgating decisions made by its officers, namely (but not limited to) the Mayor and the City Manager, and/or through a government custom. 265. Defendant City intentionally, and/or through knowing and reckless conduct,
deprived Chief Chen of rights secured by 42 U.S.C. 1981.

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266.
Defendant City deprived Chief Chen of rights secured by 42 U.S.C. 1981
through the acts described herein of persons acting under color of state law. 267. Defendant Citys policies, adoption and promulgation of the Mayors, City
Managers, or other officers decisions, and/or customs, which violate 42 U.S.C. 1981, caused Chief Chen harm. 268. Defendants Jordans and Hansons violations of 42 U.S.C. 1981 caused
Chief Chen harm. 269. As a direct and proximate result of the acts and omissions of Defendants City,
Hanson, and Jordan, Chief Chen has suffered and will continue to suffer injury in the form of special, general, and consequential damages in an amount to be proven at trial, including, without limitation: loss of employment and career; past and future wages and benefits of employment; loss of retirement benefits and account; loss of income earning potential; stigma, humiliation and loss of reputation; emotional distress and suffering; loss of liberty and enjoyment of life; adverse tax consequences; and attorney fees and costs. (Violations of 42 U.S.C. 1985(3)) 270. Plaintiff realleges and incorporates by reference all factual allegations
contained above in the facts entitling plaintiff to relief and all allegations contained in causes of actions set forth in this Complaint as though fully stated in this cause of action. 271. 272. Defendants Hanson, Jordan, and the City violated of 42 U.S.C. 1985(3). Defendants Hanson, Jordan, and the City, relying on and working directly and
indirectly with the original conspiracy group and others, entered into a conspiracy or multiple conspiracies, the direct or indirect purpose of which was to deprive Chief Chen of equal

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protection of the laws based on his race or national origin. 273. Defendants Hanson, Jordan, and the City committed overt acts in furtherance
of the conspiracy, including, without limitation, forcing Chief Chen to resign, placing Chief Chen on administrative leave, commencing investigations into Chief Chens conduct without notice, and terminating Chief Chens employment. 274. Defendant Hansons termination of Chief Chens employment as well as the
other overt acts of Defendants Hanson, Jordan, and the City caused injury to Chief Chen in his property by directly and proximately resulting, inter alia, in loss of employment and economic loss, deprived him of his right as a United States citizen to be free from improper racial and national origin discrimination under the Fourteenth Amendment of the Constitution, and injured his reputation and ability to obtain employment. 275. Defendants conspiracy to deprive Chief Chen of his rights to equal protection
and to be free from racial or national origin discrimination was motivated by racial prejudice and an intent to discriminate on the basis of race or national origin. 276. Each of the Defendants alleged in this cause of action are jointly and severally
liable as co-conspirators. 277. As a direct and proximate result of the acts and omissions of Hanson and
Mayor Jordan, Chief Chen has suffered and will continue to suffer injury in the form of special, general, and consequential damages in an amount to be proven at trial, including, without limitation: loss of employment and career; past and future wages and benefits of employment; loss of retirement benefits and account; loss of income earning potential; stigma, humiliation and loss of reputation; emotional distress and suffering; loss of liberty

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and enjoyment of life; adverse tax consequences; and attorney fees and costs. (Violations of 42 U.S.C. 1986) 278. Plaintiff realleges and incorporates by reference all factual allegations
contained above in the facts entitling plaintiff to relief and all allegations contained in causes of actions set forth in this Complaint as though fully stated in this cause of action. 279. Defendants Hanson and Jordan had prior knowledge of the wrongs alleged in
the fact section of this amended complaint and incorporated by reference herein. Mr. Jordan and Ms. Hanson knew that Chief Chen was authorized to access MX Logic, they knew he was under investigation and failed to provide notice, they knew he had the right to free speech in informing City council members the Ms. Hanson had instructed persons to place raises in a budget contrary to the intent, position and policy adopted by the council, they knew that they were retaliating against Chief Chen in violation of the law; they knew that his due process rights were not being afforded; they knew that the Loudermill hearing necessarily had a biased decision-maker. Mr. Jordan knew that Ms. Hanson was influenced by the original conspiracy group and that she behaved in a discriminatory fashion toward Chief Chen. 280. Defendants Hanson and Jordan had the ability to prevent or aid in preventing
the wrongs alleged. Ms. Hanson and Mr. Jordan could have informed the investigators of the harm Chief Chen had previously suffered at the City , they could have stopped the current harm from happening; they could have inquired directly of Chief Chen early on, followed up and adhered to promises to be fair and just in their investigation; they could have inquired and provided a true opportunity to be heard in a Loudermill hearing with a proper decision-

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maker who held no clear bias toward Chief Chen, they could have secured truly independent investigators to conduct proper investigations, they could have informed Chief Chen that he too was under investigation, they could have not manipulated the process to obtain more for the purpose of harming Chief Chen and his reputation. 281. Defendants Hanson and Jordan neglected or refused to prevent or aid in
preventing the wrongs alleged. 282. Defendants Hanson and Jordan, by reasonable diligence, could have
prevented the wrongs alleged. 283. As a direct or proximate result of Defendants Hanson and Jordans neglect or
refusal to prevent or aid in preventing the wrongs alleged, Chief Chen has been harmed through loss of employment and economic loss, deprivation of his right as a United States citizen to be free from improper racial and national origin discrimination under the Fourteenth Amendment of the Constitution, and injury to his reputation and ability to obtain employment. 284. Chief Chen has suffered and will continue to suffer injury in the form of
special, general, and consequential damages in an amount to be proven at trial, including, without limitation: loss of employment and career; past and future wages and benefits of employment; loss of retirement benefits and account; loss of income earning potential; stigma, humiliation and loss of reputation; emotional distress and suffering; loss of liberty and enjoyment of life; adverse tax consequences; and attorney fees and costs.

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1 2 285. 3
(Violations of 42 U.S.C. 1983 Deprivation of the 14th Amendment Right to Equal Protection) Plaintiff realleges and incorporates by reference all factual allegations
contained above in the facts entitling plaintiff to relief and all allegations contained in causes 4 of actions set forth in this Complaint as though fully stated in this cause of action. 5 286. 6 287. 7 current similarly situated City employees. 8 288. 9 Chief Chen based upon his race and/or national origin. 10 289. 11 for all of the adverse actions described herein. 12 290. 13 reckless conduct, deprived Chief Chen of his right to equal protection secured by the United 14 States Constitution and laws of the United States. 15 291. 16 acting under color of state law. 17 292. 18 officially adopted and promulgated unconstitutional decisions made by its officers, namely 19 (but not limited to) the City Manager. 20 293. 21 governmental custom. 22 23 24
Chief Chen is a Chinese-American and member of a protected class. Defendants City and Hanson treated Chief Chen differently than past and
The City and Hanson acted with an intent or purpose to discriminate against
Chief Chens race and national origin were substantial or motivating factors
Defendants City and Hanson intentionally, and/or through knowing and
The deprivations inflicted by the City and Hanson were committed by persons
The City implemented or executed unconstitutional policy statements and/or
The City deprived Chief Chen of his constitutional rights through a
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294.
The Citys unconstitutional policies, adoption of the City Mangers decisions,
and/or customs caused Chief Chen harm. 295. As a direct and proximate result of Defendants actions Chief Chen has
suffered and been harmed. Chief Chen has suffered and will continue to suffer injury in the form of special, general, and consequential damages in an amount to be proven at trial, including, without limitation: loss of employment and career; past and future wages and benefits of employment; loss of retirement benefits and account; loss of income earning potential; stigma, humiliation and loss of reputation; emotional distress and suffering; loss of liberty and enjoyment of life; adverse tax consequences; and attorney fees and costs. (Violations of 42 U.S.C. 1983 Violations of the 14th Amendment Right to Procedural Due Process) 296. Plaintiff realleges and incorporates by reference all factual allegations
12 contained above in the facts entitling plaintiff to relief and all allegations contained in causes 13 of actions set forth in this Complaint as though fully stated in this cause of action. 14 297. 15 in his continued employment by the City of Medina and its Police Department. Chief Chens 16 reasonable expectations arose from, among other things, policies, procedures, practices and 17 customs of the City, including those for terminating past and current police chiefs only for18 cause, in compliance with the Police Standards Manual, and with due process. 19 298. 20 integrity as a person and as a police officer and Chief of Police. 21 299. 22 because he was dishonest, abused his position, violated city code and police department 23 24
Chief Chen had a property interest in his job due to a reasonable expectation
Chief Chen has a liberty interest in his good name, reputation, honor, and/or
Defendants City and Hanson allege Chief Chens employment was terminated
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policies, lost the confidence of his subordinates, and negatively impacted the police department. These bases directly and indirectly seriously damaged and/or decimated Chief Chens good name, reputation, honor, and/or integrity as a person and as a police officer and Chief of Police. 300. The City and Hanson created and disseminated a false and defamatory
impression to the community and public about Chief Chen in connection with his termination thereby permanently damaging his reputation. 301. The City and Hanson violated Chief Chens procedural due process rights
under the Fourteenth Amendment of the United States Constitution when they failed to provide adequate notice of the reasons for his termination and thereby denied Chief Chen a reasonable opportunity to respond. 302. The City and Hanson violated Chief Chens procedural due process rights
under the Fourteenth Amendment of the United States Constitution when pre-termination proceedings were biased and not impartial. 303. The City and Hanson violated Chief Chens procedural due process rights
under the Fourteenth Amendment of the United States Constitution when pre-termination proceedings were informal and did not afford Chief Chen the opportunity to present witnesses or to cross-examine witnesses against him and no post-termination proceeding was held. 304. The City and Hanson violated Chief Chens procedural due process rights
under the Fourteenth Amendment of the United States Constitution when pre-termination proceedings did not afford Chen the opportunity to present witnesses or to cross-examine

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witnesses against him and no post-termination proceeding was held and significant factual issues alleged as the basis for Chens termination are in dispute. 305. The City and Hanson violated Chief Chens procedural due process rights
under the Fourteenth Amendment of the United States Constitution when Chief Chen was not afforded procedural rights afforded previous and current Medina Chiefs of Police, including but not limited to the right to review of pre-termination hearings. 306. The City and Hanson violated Chief Chens procedural due process rights
under the Fourteenth Amendment of the United States Constitution when Chief Chen was not afforded procedural rights required to be afforded the Chief of Police under the Medina Police Department Manual of Standards Chapter 52.1 and any other applicable standard. 307. The City and Hanson violated Chief Chens procedural due process rights
under the Fourteenth Amendment of the United States Constitution when Chief Chen was not afforded a full and complete post-termination hearing. 308. The above-described actions of Defendants caused Chief Chen to be deprived
of a liberty interest in his reputation for honesty and opportunity for future law enforcement employment, related employment, or any other employment. It also caused him to be deprived a property interest in his employment without due process. 309. Defendants City and Hanson intentionally, and/or through knowing and
reckless conduct, deprived Chief Chen of his right to due process secured by the United States Constitution and laws of the United States. 310. The deprivations inflicted by the City and Hanson were committed by persons
acting under color of state law.

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311.
officially adopted and promulgated unconstitutional decisions made by its officers, namely (but not limited to) the City Manager. 312. The City deprived Chief Chen of his constitutional rights through a
government custom. 313. The Citys unconstitutional policies, adoption of the City Mangers decisions,
and/or customs caused Chief Chen to be deprived of his liberty and property interests. As a direct and proximate result of the acts and omissions of Defendants City and Hanson, Chief Chen has suffered and will continue to suffer injury in the form of special, general, and consequential damages in an amount to be proven at trial, including, without limitation: loss of employment and career; past and future wages and benefits of employment; loss of retirement benefits and account; loss of income earning potential; stigma, humiliation and loss of reputation; emotional distress and suffering; loss of liberty and enjoyment of life; adverse tax consequences; and attorney fees and costs. (Violations of 42 U.S.C. 1983 Deprivations of the 14th Amendment Right to Substantive Due Process) 314. Plaintiff realleges and incorporates by reference all factual allegations
17 contained above in the facts entitling plaintiff to relief and all allegations contained in causes 18 of actions set forth in this Complaint as though fully stated in this cause of action. 19 315. 20 choice, and a fundamental right to free speech. These interests were clearly established at the 21 time Chief Chens employment was terminated. 22 23 24
Chief Chen has a liberty interest in and right to pursue the occupation of his
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316.
Defendant Hanson should have been aware that commencing and pursuing an
investigation of Chief Chen in retaliation for his truthful whistle-blowing violated his constitutionally protected right to free speech. 317. Defendant City and Hanson terminated Chief Chens employment in such a
manner as to effectively bar Chief Chen from pursuing his occupation in either the public or private sector. 318. Defendant Hanson should have been aware that terminating Chief Chen in
this manner violated his liberty interest in the right to pursue the occupation of his choice. 319. Defendant City and Hansons termination of Chief Chens employment was
wholly arbitrary and capricious or irrational, and/or utterly fails to serve a legitimate purpose. 320. Defendants City and Hanson intentionally, and/or through knowing and
reckless conduct, deprived Chief Chen of his right to due process secured by the United States Constitution and laws of the United States. 321. The deprivations inflicted by the City and Hanson were committed by persons
acting under color of state law. 322. The City implemented or executed unconstitutional policy statements and/or
and/or customs caused Chief Chen to be deprived of his liberty interest and fundamental

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right of free speech. 325. As a direct and proximate result of the City and Hansons actions, Chief Chen
is unable to pursue the occupation of his choice and this inability is caused by the Citys actions that were arbitrary and lacking a rational basis. 326. The City and Hansons actions caused a chilling effect on Chief Chens
fundamental right to free speech. 327. As a direct and proximate result of the acts and omissions of Defendants City
and Hanson, Chief Chen has suffered and will continue to suffer injury in the form of special, general, and consequential damages in an amount to be proven at trial, including, without limitation: loss of employment and career; past and future wages and benefits of employment; loss of retirement benefits and account; loss of income earning potential; stigma, humiliation and loss of reputation; emotional distress and suffering; loss of liberty and enjoyment of life; adverse tax consequences; and attorney fees and costs. (Unlawful Retaliatory Termination in Violation of the First Amendment) 328. Plaintiff realleges and incorporates by reference all factual allegations
contained above in the facts entitling plaintiff to relief and all allegations contained in causes of actions set forth in this Complaint as though fully stated in this cause of action. 329. Chief Chens communication to the City Council regarding budget issues and
City contracts for harbor patrol is protected speech about matters of public concern, and therefore, conduct protected by the First Amendment to United States Constitution. 330. The content, form, and context of Chief Chens speech and activities on
improper governmental activities demonstrate that he was addressing a matter of public

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interest and concern. 331. Chief Chens protected speech activities were professional in nature, well
considered, well-timed, professionally appropriate, backed by facts and appropriate analysis, and respectful of potential dissenting and dis-proving facts and opinions. 332. In 2010, Defendants the City and Hanson punished Chief Chen for his First
Amendment activities by initiating an investigation targeting him, threatening to fire him on the spot (thereby directly forcing his short-lived resignation), placing him on administrative leave, and conducting a second investigation that was wide-ranging and veered well outside the boundaries of governing standards, and designed with the intent to result in his termination. Predictably, Chief Chen was then terminated because of his protected speech activities. 333. The activities the City and Hanson engaged in were committed under color of
state law and inhibit the free exercise of the right to free speech under the First Amendment. 334. Chief Chens protected conduct was a substantial or motivating factor in the
decision to retaliate against, investigate, discipline, sanction, and terminate his employment. 335. Defendants alleged non-retaliatory reasons for investigating and terminating
Chief Chen are pretexts for retaliation. 336. Defendant Hansons actions, findings, and decisions regarding Chief Chen
were known to and ratified by the City. 337. Defendants City and Hanson intentionally, and/or through knowing and
reckless conduct, deprived Chief Chen of his right to free speech secured by the United States Constitution and laws of the United States.

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338.
and/or customs caused Chief Chen to be deprived of his constitutional right of free speech. 341. 342. The termination of Chief Chen was unfounded and without just cause. Chief Chens termination was, therefore, unlawful retaliation in violation of
his rights under the First Amendment. 343. As a direct and proximate result of the acts and omissions of Defendants City
and Hanson, Chief Chen has suffered and will continue to suffer injury in the form of special, general, and consequential damages in an amount to be proven at trial, including, without limitation: loss of employment and career; past and future wages and benefits of employment; loss of retirement benefits and account; loss of income earning potential; stigma, humiliation and loss of reputation; emotional distress and suffering; loss of liberty and enjoyment of life; adverse tax consequences; and attorney fees and costs. (Conspiracy to Unlawfully Retaliate in Violation of the First Amendment) 344. Plaintiff realleges and incorporates by reference all factual allegations
contained above in the facts entitling plaintiff to relief and all allegations contained in causes of actions set forth in this Complaint as though fully stated in this cause of action.

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345.
Defendants Hanson and Jordan, entered into a conspiracy or multiple
conspiracies, the direct or indirect purpose of which was to retaliate against Chief Chen for engaging in acts and speech protected by the First Amendment to the United States Constitution. 346. Upon information and belief, prior to seeking Chief Chens resignation and
threatening to terminate his employment, Ms. Hanson conferred with Mayor Jordan who agreed to support Ms. Hanson in her actions. 347. Defendant Hanson committed overt acts in furtherance of the conspiracy,
including, without limitation, commencing an investigation targeting Chief Chen, informing Mayor Jordan of her intent to remove Chief Chen from office, forcing Chief Chen to resign, placing Chief Chen on administrative leave, informing other City Council members of the status and findings of the on-going investigations through closed-door executive session City Council meetings, commencing a second investigation targeting Chief Chen, preparing and sending the Loudermill hearing notice to Chief Chen accusing him of dishonesty, abuse of power, and other nefarious acts, terminating Chief Chens employment, and preparing and issuing a termination letter accusing him of dishonesty, abuse of power, and other nefarious acts. 348. Defendant Jordan committed overt acts in furtherance of the conspiracy,
including, without limitation, his efforts to suppress internal dissent about Ms. Hansons investigations, decisions, and actions; withholding from other council members the existence of Chief Chens settlement offer made during the investigation; by making representations to the public along the lines of, if you only knew what I know; and by either instructing Ms.

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Hanson or agreeing with a plan that she put the bases she was relying on for Chief Chens termination in writing with supporting declarations from witnesses that would be made available for public review.. 349. Defendants intentionally, and/or through knowing and reckless conduct, conspired to deprive Chief Chen of his right to free speech secured by the United States Constitution and laws of the United States. 350. The City and Defendant Hansons termination of Chief Chens employment
was a direct and proximate result of the conspiracy to retaliate against Chief Chen and caused injury to Chief Chen in his property by directly and proximately resulting, inter alia, in loss of employment and economic loss, and injured his reputation and ability to obtain employment. 351. Each of the Defendants alleged in this cause of action are jointly and severally
liable as co-conspirators. 352. As a direct and proximate result of the acts and omissions of Ms. Hanson and
Mayor Jordan, Chief Chen has suffered and will continue to suffer injury in the form of special, general, and consequential damages in an amount to be proven at trial, including, without limitation: loss of employment and career; past and future wages and benefits of employment; loss of retirement benefits and account; loss of income earning potential; stigma, humiliation and loss of reputation; emotional distress and suffering; loss of liberty and enjoyment of life; adverse tax consequences; and attorney fees and costs.

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(Violations of Title VII of the Civil Rights Act, 42 U.S.C. 2000e-2) (This claim is pending an EEOC Right to Sue determination; the complaint was filed July 1, 2010 with the Human Rights Commission and the response from both the Commission and the EEOC is expected within short order. This claim is included at this time for notice.) 353. Plaintiff realleges and incorporates by reference all factual allegations
contained above in the facts entitling plaintiff to relief and all allegations contained in causes of actions set forth in this Complaint as though fully stated in this cause of action. 354. Chief Chen is a Chinese-American and member of a protected class.
Defendants City and Hanson discriminated against Chief Chen on the basis of his race and/or national origin. 355. As evidenced by her comments, acts, and omissions, Ms. Hanson treated
Chief Chen differently from other non-Chinese-Americans employed by the City of Medina. 356. Defendant Hansons treatment of Chief Chen affected the compensation,
terms, conditions, and/or privileges of Chief Chens employment, and Chief Chen was ultimately discharged because of his race and/or national origin. Chief Chens race and/or national origin were motivating factors of Hansons treatment of him. 357. 358. The bases alleged by Ms. Hanson for Chief Chens termination are pretext. Any loss of confidence by the police force in Chief Chen was a direct and
proximate result of the City and Ms. Hansons discrimination. 359. Defendant Hansons comments, acts, and omissions constitute unlawful
disparate treatment of Chief Chen. 360. Defendant City is vicariously liable for Ms. Hansons unlawful disparate
treatment of Chief Chen.

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361.
Defendant City treated Chief Chen differently from other non-Chinese-
Americans employed by the City of Medina. 362. The Citys treatment of Chief Chen affected the terms and conditions of Chief
Chens employment the compensation, terms, conditions, and/or privileges of Chief Chens employment, and Chief Chen was ultimately discharged because of his race and/or national origin. Chief Chens race and/or national origin were motivating factors of the Citys treatment of him. 363. The Citys comments, acts, and omissions constitute unlawful disparate
treatment of Chief Chen. 364. Chief Chen. 365. Chief Chens race and/or national origin was a motivating factor of the City The City is directly liable for Ms. Hansons unlawful disparate treatment of
and Hanson's treatment of him. 366. As a direct and proximate result of the unlawful disparate treatment that the
City and Hanson inflicted, Chief Chen suffered harm. 367. 368. The City and Hanson created and supported a hostile work environment. The hostile work environment at the City is a result of frequent discriminatory
conduct relating to Asian-Americans, Asians, and other non-white persons, that was acted out by members of the City Council, past and present, Ms. Hanson, and co-workers of Chief Chen. This conduct was both humiliating and offensive, and it unreasonably interfered with Chief Chens work performance. The facts establishing the discriminatory conduct are laid out in the fact section of this complaint.

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369.
The City supported an atmosphere of pervasive racial hostility against persons
of Asian descent. 370. A reasonable Asian-American or Chinese-American person would find the
City workplace so objectively and subjectively racially hostile as to create an abusive working environment. 371. The City, through its management level employees, knew or in the exercise of
reasonable care should have known of the harassment but did not take adequate steps to address it. 372. The City failed to take adequate remedial and disciplinary action. Any
remedial actions taken were not adequate because they were not designed to prevent future conduct by actual harassers and by other potential harassers. 373. Defendant Hanson acted with malice or reckless indifference to the federally
protected rights of an aggrieved individual and knew she was acting in violation of federal law. 374. suffered harm. 375. As a direct and proximate result of the acts and omissions of Defendants City As a direct and proximate result of the hostile work environment, Chief Chen
and Hanson, Chief Chen has suffered and will continue to suffer injury in the form of special, general, and consequential damages in an amount to be proven at trial, including, without limitation: loss of employment and career; past and future wages and benefits of employment; loss of retirement benefits and account; loss of income earning potential; stigma, humiliation and loss of reputation; emotional distress and suffering; loss of liberty

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and enjoyment of life; adverse tax consequences; and attorney fees and costs. 376. Prior to bringing this lawsuit, Chief Chen filed a charge with the Washington
Human Rights Commission that is also being considered by the federal Equal Employment Opportunity Commission. (Violation of Title VII of the Civil Rights Act, 42 U.S.C. 2000e-3) (This claim is pending an EEOC Right to Sue determination; the complaint was filed July 1, 2010 with the Human Rights Commission and the response from both the Commission and the EEOC is expected within short order. This claim is included at this time for notice.) 377. Plaintiff realleges and incorporates by reference all factual allegations
contained above in the facts entitling plaintiff to relief and all allegations contained in causes of actions set forth in this Complaint as though fully stated in this cause of action. 378. Defendants City and Hanson discriminated against Chief Chen on the basis of
his race and/or national origin by altering his conditions or privileges of employment when he was forced to resign and when he was placed on administrative leave. 379. Chief Chen opposed these unlawful employment practices by rescinding his
resignation and by sending a detailed written letter to the City and Ms. Hanson requesting notice of the City and Hansons basis for placing him on administrative leave. The activities opposed the City and Hansons race discrimination that violated Title VII and are protected activity. 380. In response to Chief Chens protected activity, the City and Hanson continued
and significantly expanded its investigations, deprived Chief Chen of basic procedural due process rights in the manner in which it conducted its investigations and termination, and terminated Chief Chens employment. The City and Hanson did not respond substantively to

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Chief Chens request for reasons he was placed on administrative leave. 381. Chief Chens protected activity directly or indirectly caused the City and
Hanson to place Chief Chen on administrative leave, continue and expand its investigations, and terminate his employment in violation of 42 USC 2000e-3. 382. The City and Hansons alleged reasons for their actions are mere pretext and
discriminatory motives more likely motivated their acts. 383. Defendant Hanson acted with malice or reckless indifference to the federally
protected rights of an aggrieved individual and knew she was acting in violation of federal law. 384. As a direct and proximate result of the acts and omissions of Defendants City
and Hanson, Chief Chen has suffered and will continue to suffer injury in the form of special, general, and consequential damages in an amount to be proven at trial, including, without limitation: loss of employment and career; past and future wages and benefits of employment; loss of retirement benefits and account; loss of income earning potential; stigma, humiliation and loss of reputation; emotional distress and suffering; loss of liberty and enjoyment of life; adverse tax consequences; and attorney fees and costs. Causes of Action Under Washington Law (Employment Discrimination in violation of the Washington Law against Discrimination RCW 49.60.030 and 49.60.180 Disparate Treatment) 385. Plaintiff realleges and incorporates by reference all factual allegations
contained above in the facts entitling plaintiff to relief and all allegations contained in causes of actions set forth in this Complaint as though fully stated in this cause of action.

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386. 387.
Chief Chen is a member of a protected class. Defendants City and Hanson discriminated against Chief Chen in
compensation and in other terms or conditions of employment because of Chief Chens race and/or national origin in violation of RCW 49.60.180. 388. Defendants City and Hanson discharged Chief Chen from employment
because of Chief Chens race and/or national origin in violation of the Washington Discrimination Statute, RCW 49.60.180. 389. Defendants City and Hansons discrimination forced Chief Chen to resign
because of Chief Chens race and/or national origin and resulted in his constructive discharge in violation of RCW 49.60.180. 390. Defendants City and Hanson treated Chief Chen differently and less favorably
than other similarly situated City employees performing substantially the same work throughout his employment, and in the processes undertaken to investigate him, place him on administrative leave and ultimately terminate his employment. This different treatment was based upon Chief Chens race and/or national origin in violation of the Washington Discrimination Statute, RCW 49.60.180. 391. The bases claimed by the City and Hanson for Chief Chens different
treatment and termination are pretext. 392. The investigations, administrative leave, and termination of Chief Chen were
each adverse employment actions. 393. The City and Hansons discriminatory motivation on the basis of Chief
Chens race and/or national origin was a significant or substantial factor in the investigations,

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administrative leave, and termination of Chief Chen. Defendants City and Hansons conduct caused Chief Chen injury in the form of the following damages: a. b. Lost back pay, wages, and benefits in amounts to be established at trial; Lost future (front) pay, wages, and benefits in amounts to be established at trial; c. Out of pocket expenses, litigation costs, and attorney fees in amounts to be established at trial; d. e. Damages for harm to reputation; and Loss of employment as the Chief of Police for the City of Medina for which Chief Chen requests reinstatement from the court to his former position as Chief of Police with the City of Medina. (Employment Discrimination in Violation of the Washington Law against Discrimination RCW 49.60.030 and 49.60.180 Hostile Work Environment) 394. Plaintiff realleges and incorporates by reference all factual allegations
14 contained above in the facts entitling plaintiff to relief and all allegations contained in causes 15 of actions set forth in this Complaint as though fully stated in this cause of action. 16 395. 17 his civil rights because of his race and/or national origin. 18 396. 19 Mr. Jordan, individually and in his capacity as Mayor, and/or other City employees and/or 20 council members intentionally discriminated against and denied Chief Chen his civil rights 21 because of his race and/or national origin. 22 23 24
The City of Medina intentionally discriminated against and denied Chief Chen
Ms. Hanson, individually and in her official capacity as City Manager, and
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397.
The acts and omissions of the City, Ms. Hanson, Mr. Jordan, and other City
employees and/or council members targeted Chief Chen personally. These acts and omissions harassed Chief Chen and created a hostile work environment. This harassment was unwelcome. 398. The harassment was objectively and subjectively abusive and affected the
terms and conditions of Chief Chens employment. 399. Ms. Hanson, Mr. Jordan, City employees, City Council Members, City policy
makers, advisors and consultants are agents of the City. The City is liable for the acts and omissions of its agents. 400. As a result of the intentional discrimination, the City, violated RCW
49.60.030 and RCW 49.60.180. 401. 402. The Citys discrimination arose from reckless indifference or malice. Despite knowledge of the discriminatory actions, inactions, decisions and
words, no City official sought to prevent or aid in preventing the discrimination from occurring. 403. 404. The Citys discrimination caused Chief Chen harm. Chief Chen has suffered damages in an amount to be proven at trial as a result
of the Citys violation of RCW 49.60.030 and 49.60.180 including the following damages: a. b. Lost back pay, wages, and benefits in amounts to be established at trial; Lost future (front) pay, wages, and benefits in amounts to be established at trial;

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c.
Out of pocket expenses, litigation costs, and attorney fees in amounts to be established at trial;
d. e.
Damages for harm to reputation, and Loss of employment as the Chief of Police for the City of Medina for which Chief Chen requests reinstatement from the court to his former position as Chief of Police with the City of Medina. (Wrongful Termination Retaliatory Discharge)
405.
Plaintiff realleges and incorporates by reference all factual allegations
contained above in the facts entitling plaintiff to relief and all allegations contained in causes of actions set forth in this Complaint as though fully stated in this cause of action. 406. Pursuant to Chapters 42.40 and 42.41 RCW, a public employee has a
statutorily protected right to report improper governmental actions. 407. Chief Chen reported improper conduct by Ms. Hanson and other City
employees to Ms. Hanson, the City Council, council members, and/or to the Mayor. 408. Immediately following the City Councils confrontation of Ms. Hanson about
the improper conduct, Ms. Hanson directed an investigation targeting Chief Chen. In addition, Ms. Hanson, through and with other city employees and/or council members, escalated the investigation by failing to inform the investigator that Chief Chen had a legitimate purpose for accessing the MX Logic system and used various other facts out of context for the purpose of casting Chief Chen in a negative light. 409. As a result of the actions of Hanson and other City of Medina employees
and/or Council Members, false, incomplete, and/or speculative information was generated

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and used to justify Ms. Hansons actions to the City Council such that Ms. Hanson felt confident that the City Council would determine Ms. Hanson was justified in placing Chief Chen on administrative leave and eventually terminating him. 410. Chief Chens reporting of improper governmental action caused the City and
Ms. Hansons acts and omissions that forced Chief Chen to resign and led to his being placed on administrative leave. 411. Chief Chens reporting of improper governmental action also caused the City
and Ms. Hansons acts and omissions that harmed Chief Chens reputation and directly and proximately resulted in his termination. 412. The City and Ms. Hansons acts and omissions discourage such reporting and
jeopardizes the public policy. 413. The Citys investigation and termination of Chief Chen as a result of his
report of improper governmental action constitutes unlawful retaliatory discharge. 414. 415. Ms. Hansons termination of Chief Chen also violated RCW 49.60.210. The City implicitly or explicitly approved and adopted Ms. Hansons decision
in violation of RCW 49.60.210. 416. The Citys unlawful retaliatory discharge has caused Chief Chen injury in the
form of the following damages: a. b. Lost back pay, wages, and benefits in amounts to be established at trial; Lost future (front) pay, wages, and benefits in amounts to be established at trial;

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c.
Out of pocket expenses, litigation costs, and attorney fees in amounts to be established at trial; and
d. e.
Damages for harm to reputation and emotional distress, and Loss of employment as the Chief of Police for the City of Medina for which Chief Chen requests reinstatement from the court to his former position as Chief of Police with the City of Medina. (Wrongful Termination under Washington Law Violations of Public Policies)
417. 9
Plaintiff realleges and incorporates by reference all factual allegations
contained above in the facts entitling plaintiff to relief and all allegations contained in causes 10 of actions set forth in this Complaint as though fully stated in this cause of action. 11 418. 12 employees to report improper governmental actions. 13 419. 14 other City employees to Ms. Hanson, the City Council, council members, and/or to the 15 Mayor. 16 420. 17 investigation that targeted Chief Chen directly and proximately causing his employment 18 termination and harm to his reputation. 19 421. 20 employees withheld material information or provided false information to the investigator 21 about Chief Chens authorization to access MX Logic. In addition, the City and Ms. Hanson 22 escalated the investigation by failing to inform the investigator that Chief Chen had a 23 24
Pursuant to RCW 42.40.010, a public policy exists encouraging public
Chief Chen reported improper governmental conduct by Ms. Hanson and
As a result of Chief Chens reports, the City and Ms. Hanson launched an
During the course of this investigation, Ms. Hanson and/or other City
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legitimate purpose for accessing the MX Logic system and used various other facts out of context for the purpose of casting Chief Chen in a negative light. 422. Ms. Hanson and the City generated false information that was used to justify
placing Chief Chen on administrative leave and then terminate his employment. 423. Chief Chens reporting of improper governmental action caused the City and
Hanson to conduct an investigation, harm his reputation, and terminate his employment. 424. The Citys investigation, acts harming Chief Chens reputation, and
termination of Chief Chen as a result of his report of improper governmental action discourages such reporting and jeopardizes the public policy. 425. Neither the City nor Ms. Hanson can offer an overriding justification for the
investigation of Chief Chen, the harm to his reputation or his dismissal. The bases for these actions are pretext. 426. obligations. 427. Chief Chen performed various public duties and obligations as Chief of A public policy exists that clearly mandates performance of public duties or
Police, including but not limited to reporting improper governmental budgeting conduct by Ms. Hanson and other City employees to the City Council. 428. As a result of Chief Chens reports, the City and Ms. Hanson launched an
investigation that targeted Chief Chen directly and proximately causing his employment termination and harm to his reputation. 429. Following the City Councils confrontation of Ms. Hanson about the improper
conduct, Ms. Hanson launched an investigation which targeted Chief Chen.

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430.
Chief Chens performance of public duties and obligations caused the City
and Hanson to conduct an investigation, harm his reputation, and terminate his employment. 431. The Citys investigation and termination of Chief Chen as a result of his
performance of public duties and obligations discourages such performance and jeopardizes the public policy. 432. Neither the City nor Ms. Hanson can offer an overriding justification for the
investigation of Chief Chen, the harm to his reputation or his dismissal. The bases for these actions are pretext. 433. A public policy exists that clearly mandates that an employee may exercise
his legal rights and privileges. 434. Chief Chen exercised his legal rights and privileges, including but not limited
to reporting improper governmental conduct by Ms. Hanson and other City employees to the City Council. 435. As a result of Chief Chens reports, the City and Ms. Hanson launched an
investigation that targeted Chief Chen directly and proximately causing his employment termination and harm to his reputation. 436. Chief Chens exercise of his legal rights and privileges caused City and
Hanson to conduct an investigation, harm his reputation, and terminate his employment. 437. The Citys investigation and termination of Chief Chen as a result of his
actions to exercise his legal rights and privileges discourages such exercise and jeopardizes the public policy.

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438.
Neither the City nor Ms. Hanson can offer an overriding justification for the
investigation of Chief Chen, the harm to his reputation or his dismissal. The bases for these actions are pretext. 439. The City and Ms. Hansons breaches of public policy caused Chief Chen
injury in the form of the following damages: a. b. Lost back pay, wages, and benefits in amounts to be established at trial; Lost future (front) pay, wages, and benefits in amounts to be established at trial; c. Out of pocket expenses, litigation costs, and attorney fees in amounts to be established at trial d. e. Damages for harm to reputation and emotional distress, and Loss of employment as the Chief of Police for the City of Medina for which Chief Chen requests reinstatement from the court to his former position as Chief of Police with the City of Medina. (Wrongful Termination under Washington Law Breach of Employment Policy) 440. Plaintiff realleges and incorporates by reference all factual allegations
17 contained above in the facts entitling plaintiff to relief and all allegations contained in causes 18 19 20 21 22 23 24
of actions set forth in this Complaint as though fully stated in this cause of action. 441. of Police. 442. The Medina Police Department Standards policy manual requires: The Medina Police Department Standards policy manual applies to the Chief
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a.
that all complaints against an employee will be investigated and properly documented (MPDS No. 52.1.1);
b.
that affected employees who become subject to an internal affairs investigation will be given written notice that they are subject to an investigation, the allegations against the employee; and the employees rights and responsibilities relative to the investigation (MPDS No. 52.1.6);
c. 7 8 9 10 11 12 13 14 15 16 17 18 443. d.
that an internal investigation should only commence when there is reasonable suspicion to believe an employee has violated a law, department policy, or regulation (MPDS No. 52.1.1(I)(C)(2)); and that internal investigations must be completed within 30 days unless extenuating circumstances exist (MPDS 52.1.4(I)). Section 52 of the Medina Police Department Standards policy manual applies
to the Medina Chief of Police, including Chief Chen. When the Chief of Police is the subject of a complaint or investigation, the complaint is directed to the City Managers office (MPDS No. 52.1.2(II)). 444. These policies constitute a promise of specific treatment in the case of a
complaint or investigation, and thus limits the Citys right to terminate an officer, including the Chief of Police, when termination arises out of a complaint or investigation. 445. Sections 26.1.426.1.8 of the Medina Police Department Standards policy
manual apply to the Medina Chief of Police, including Chief Chen. The disciplinary 19 standards set forth in the policy under Sections 26.1.426.1.8 of the Medina Police 20 21 22 23 24
Department Standards constitute a promise of specific treatment in the case of a discipline, and thus limit the Citys right to terminate an officer, including the Chief of Police.
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446.
The Medina Police Department Standards policy manual constitutes an
implied contract of employment such that Chief Chens employment can only be terminated for good cause and only in conformity with the Police Department Standards policy manual. 447. Chief Chen justifiably relied on the specific promises of treatment set out in
the Police Department Standards policy manual. 448. The City and Ms. Hanson breached specific promises of treatment set out in
the Police Department Standards policy manual and breached Chief Chens contract of employment when Chief Chens employment was terminated without good cause and 8 9 10 11 12 13 14 15 16 17 18 Chief Chen requests reinstatement from the court to his former position as 19 Chief of Police with the City of Medina. 20 21 22 23 24
without conforming to the Police Department Standards policy manual. 449. The City and Ms. Hansons discriminatory conduct and breach of
employment policies and/or implied contract of employment has caused Chief Chen the following damages: a. b. Lost back pay, wages, and benefits in amounts to be established at trial; Lost future (front) pay, wages, and benefits in amounts to be established at trial; c. Out of pocket expenses, litigation costs, and attorney fees in amounts to be established at trial; d. e. Damages for harm to reputation and emotional distress, and Loss of employment as the Chief of Police for the City of Medina for which
(Civil Conspiracy) 450. Plaintiff realleges and incorporates by reference all factual allegations
contained above in the facts entitling plaintiff to relief and all allegations contained in causes
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of actions set forth in this Complaint as though fully stated in this cause of action. 451. Defendants Hanson and Jordan participated in multiple conspiracies including
a conspiracy to implement adverse employment actions through unlawful discrimination against Chief Chen through race or national origin based (a) disparate treatment and (b) a hostile environment. 452. Defendants Hanson and Jordan participated in multiple conspiracies including
a conspiracy to oust Chief Chen from his position by terminating his employment through unlawful means including (a) retaliatory discharge violating Chapters 41.40 and 41.42 RCW and RCW 49.60.210, (b) discharge in violation of a public policy, and (c) discharge in violation of employment policies. 453. Defendants Hanson and Jordan reached agreement to commit these
conspiracies and each of them participated in the conspiracy committing multiple overt acts. 454. Both defendants Hanson and Jordan committed overt acts that were
substantial contributing factors and acted in agreement with mutual assent. 455. Defendants Hanson and Jordan are liable as co-conspirators and are jointly
and severally liable to Chief Chen. Municipal Liability, Color of Law; and Damages 456. All of the above described acts and omissions of the Defendants were done
under color of law of the state of Washington and within the scope of their official employment. 457. All actions and omissions of Defendant Hanson and other managerial and
supervisory personnel at the City of Medina were taken pursuant to the policies, procedures, practices and/or customs of the City of Medina and the violation of Chief Chens rights was

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the proximate and foreseeable result of those policies, procedures, practices and/or customs. 458. All actions and omissions of the City Council of the City of Medina were
taken pursuant to the policies, procedures, practices and/or customs of the City of Medina and the violation of Chief Chens rights was the proximate and foreseeable result of those policies, procedures, practices and/or customs. 459. As a direct and proximate result of the acts and omissions of Defendants,
Chief Chen has suffered and will continue to suffer injury in the form of special, general, and consequential damages in an amount to be proven at trial, including, without limitation: loss 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
of employment and career; past and future wages and benefits of employment; loss of retirement benefits and account; loss of income earning potential; stigma, humiliation and loss of reputation; emotional distress and suffering; loss of liberty and enjoyment of life; adverse tax consequences; and attorney fees and costs. V. RELIEF REQUESTED
WHEREFORE, Plaintiff requests the following relief: (a) For judgment against the City of Medina, Donna Hanson, Bret Jordan, and
John and Jane Does 1-3 in favor of Plaintiff in a sum to be determined at the time of trial, arising from all damages Chief Chen has suffered or is otherwise entitled to, including but not limited to: (i) actual damages, (ii) general damages for but not limited to emotional distress, (iii) special damages for but not limited to lost wages, benefits and out of pocket expenses, (iv) double damages for lost wages and benefits pursuant to RCW 49.52.050,
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (b)
(v) compensatory and punitive damages, pursuant to 42 U.S.C. 1981a, or any other law that may authorize such damages in this case, in the maximum amount permitted by law, and (vi) nominal damages. For Plaintiffs litigation expenses, costs, and reasonable attorney fees incurred
in bringing this action under 29 U.S.C. 794(a), 42 U.S.C. 1988, 42 U.S.C. 12205, RCW 49.60.030 and/or RCW 49.48.010-.030, and any other law that would authorize costs and attorney fees in this case; (c) For reinstatement of Chief Chen to his former position as Chief of Police with
the City of Medina, or if reinstatement is found to be impossible, an award of future wages and benefits lost in an amount to be determined at the time of trial; (d) For pre-judgment interest on lost wages and any other damages or economic
loss demonstrated at trial; (e) For an award of tax consequences in an amount to be determined that arise
as a result of any judgment and award entered by the court; and (f) For such other relief as the court deems just and equitable.

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DATED this 21st day of February 2012. JONES LAW GROUP, P.L.L.C.
/s/ Marianne K. Jones MARIANNE K. JONES, WSBA #21034 Attorney for Plaintiff Jeffrey Chen /s/ Mona K. McPhee MONA K. McPHEE, WSBA # 30305 Attorney for Plaintiff Jeffrey Chen Jones Law Group, PLLC 11819 NE 34th Street Bellevue, WA 98005 (425) 576-8899 Email: mlaw@joneslawgroup.com mkm@joneslawgroup.com

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CERTIFICATE OF SERVICE I HEREBY CERTIFY, under the penalty of perjury under the laws of the State of Washington, that on February 21, 2012, I caused to be served a true and correct copy of the foregoing First Amended Complaint for Damages and Injunctive Relief via the U.S. District Courts CM/ECF service: Stephanie R. Alexander Thomas P. Holt Michael & Alexander Email: Stephanie@michaelandalexander.com Tom@michaelandalexander.com DATED this 21st day of February, 2012.
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/s/ Marianne K. Jones MARIANNE K. JONES

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Defendant the City of Medina is a council-manager governed city existing

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According to a City Memorandum of Current Benefits, dated January 29,

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45. environment. 46.

Chief Knapp also encouraged and participated in a racially hostile

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As early as 2006 or 2007, members of the original conspiracy group began,

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