Gwen Florio
A Missoula police detective who investigates Internet sex
crimes has filed a lawsuit alleging that the department’s
highest-ranking female officer sexually harassed him by grabbing his
rear end.
But Missoula City Attorney Jim Nugent said the state Human Rights Bureau has already denied the detective’s claim, and that the incident actually began when the detective flipped off the lieutenant.
The suit filed Wednesday by Detective Chris Shermer names Lt. Sandy Kosena, as well as the Missoula Police Department, Chief Mark Muir and Capt. Chris Odlin.
Shermer’s complaint alleges that on April 30, 2012, Kosena – his supervisor – “came up behind him and grabbed him on the left buttock with her left hand, placed her pinkie finger in between Chris Shermer’s buttocks, leaned in very close to his back and then whispered a sexual innuendo in his ear.”
Shermer did not respond to a message left on his work phone, and a message left late Wednesday afternoon with his attorney, Cory Gangle, was not returned. Muir was out of town Wednesday, and both Kosena and Deputy Chief Mike Brady referred calls to Nugent.
“It was all precipitated by the conduct of Chris Shermer, but they don’t mention that” in the lawsuit, Nugent said.
The alleged incident took place just one day before the U.S. Department of Justice announced a first-of-its-kind investigation into how three agencies – the Missoula Police Department, the Missoula County Attorney’s Office and the University of Montana campus police – handle reports of sexual assault. That investigation is ongoing.
A civilian employee was present at the time of the incident, according to the lawsuit, which also describes Shermer as being “shocked and perplexed ... humiliated, embarrassed ... angry and frustrated.”
The suit alleges that Kosena admitted the contact, but was disciplined only lightly and the matter was closed.
“Chief Mark Muir did not communicate with Chris Shermer about this incident, he did (sic) reassure Chris Shermer that it would not happen again, and that his complaint was being taken seriously, he did not ensure Chris Shermer that he would be able to work in a safe work environment, he did not ensure that Chris Shermer would be able to work in a non-hostile work environment, he did not advocate for Chris Shermer and he did not look at Lt. Sandy Kosena’s as a criminal matter ...,” it says.
Kosena’s alleged actions “actually constitute a criminal assault as well as a civil assault,” it says.
The suit also takes the police department to task for allegedly “sweeping the matter under the rug,” and Odlin because he allegedly “openly ridiculed Shermer for making this complaint to his peers.” Odlin, according to the suit, “was admonished by his supervisors not to engage in such behavior again.”
***
Nugent said the incident actually began earlier in the day, when Shermer, who was driving a police car, saw Kosena and another officer downtown and allegedly gave Kosena the finger. The other officer didn’t see him flipping her off, Nugent said.
When Kosena saw Shermer in the station afterward, “she apparently came up to him and said something to the effect that she wasn’t interested in taking him up on his offer. He claimed he was flipping off the male officer,” Nugent said.
The Bureau of Human Rights found in December that there was not enough evidence to support Shermer’s claim of sexual harassment, Nugent said.
Shermer is best known for his work nabbing predators who go online to solicit sex from underage youngsters, or enticing them to make child pornography. As part of Montana’s Internet Crimes Against Children task force, he often assumes the persona of a 14-year-old girl in chatting online. That program is funded by grant money that runs out in September.
Kosena is the first woman in the police department to hold the rank of lieutenant.
Shermer’s suit says Kosena’s alleged actions violate a police department policy, instituted March 15, 2012, on sexual assault that refers to such incidents as crimes. But the department instead handled his allegations as an employee-related matter, it says.
“Had the roles been reversed (i.e., had Chris Shermer been the perpetrator instead of the victim) he likely would have received a much harsher punishment, and been required to make restitution. He probably would have been fired from his employment and charged with a crime,” it says.
The suit alleges assault, battery and negligent infliction of emotional distress by Kosena and, by extension, the police department.
It alleges intentional infliction of emotional distress by Kosena, the department, Muir and Odlin; negligence by Kosena, the department and Muir; and defamation/slander by Odlin.
Shermer seeks both actual and punitive damages, as well as attorneys’ fees.
Nugent said Shermer sent a letter to the city in February, seeking a $250,000 out-of-court settlement, but that the city rejected that.
For More Information Contact us at:
http://beverlyhillsemploymentlaw.com/
But Missoula City Attorney Jim Nugent said the state Human Rights Bureau has already denied the detective’s claim, and that the incident actually began when the detective flipped off the lieutenant.
The suit filed Wednesday by Detective Chris Shermer names Lt. Sandy Kosena, as well as the Missoula Police Department, Chief Mark Muir and Capt. Chris Odlin.
Shermer’s complaint alleges that on April 30, 2012, Kosena – his supervisor – “came up behind him and grabbed him on the left buttock with her left hand, placed her pinkie finger in between Chris Shermer’s buttocks, leaned in very close to his back and then whispered a sexual innuendo in his ear.”
Shermer did not respond to a message left on his work phone, and a message left late Wednesday afternoon with his attorney, Cory Gangle, was not returned. Muir was out of town Wednesday, and both Kosena and Deputy Chief Mike Brady referred calls to Nugent.
“It was all precipitated by the conduct of Chris Shermer, but they don’t mention that” in the lawsuit, Nugent said.
The alleged incident took place just one day before the U.S. Department of Justice announced a first-of-its-kind investigation into how three agencies – the Missoula Police Department, the Missoula County Attorney’s Office and the University of Montana campus police – handle reports of sexual assault. That investigation is ongoing.
A civilian employee was present at the time of the incident, according to the lawsuit, which also describes Shermer as being “shocked and perplexed ... humiliated, embarrassed ... angry and frustrated.”
The suit alleges that Kosena admitted the contact, but was disciplined only lightly and the matter was closed.
“Chief Mark Muir did not communicate with Chris Shermer about this incident, he did (sic) reassure Chris Shermer that it would not happen again, and that his complaint was being taken seriously, he did not ensure Chris Shermer that he would be able to work in a safe work environment, he did not ensure that Chris Shermer would be able to work in a non-hostile work environment, he did not advocate for Chris Shermer and he did not look at Lt. Sandy Kosena’s as a criminal matter ...,” it says.
Kosena’s alleged actions “actually constitute a criminal assault as well as a civil assault,” it says.
The suit also takes the police department to task for allegedly “sweeping the matter under the rug,” and Odlin because he allegedly “openly ridiculed Shermer for making this complaint to his peers.” Odlin, according to the suit, “was admonished by his supervisors not to engage in such behavior again.”
***
Nugent said the incident actually began earlier in the day, when Shermer, who was driving a police car, saw Kosena and another officer downtown and allegedly gave Kosena the finger. The other officer didn’t see him flipping her off, Nugent said.
When Kosena saw Shermer in the station afterward, “she apparently came up to him and said something to the effect that she wasn’t interested in taking him up on his offer. He claimed he was flipping off the male officer,” Nugent said.
The Bureau of Human Rights found in December that there was not enough evidence to support Shermer’s claim of sexual harassment, Nugent said.
Shermer is best known for his work nabbing predators who go online to solicit sex from underage youngsters, or enticing them to make child pornography. As part of Montana’s Internet Crimes Against Children task force, he often assumes the persona of a 14-year-old girl in chatting online. That program is funded by grant money that runs out in September.
Kosena is the first woman in the police department to hold the rank of lieutenant.
Shermer’s suit says Kosena’s alleged actions violate a police department policy, instituted March 15, 2012, on sexual assault that refers to such incidents as crimes. But the department instead handled his allegations as an employee-related matter, it says.
“Had the roles been reversed (i.e., had Chris Shermer been the perpetrator instead of the victim) he likely would have received a much harsher punishment, and been required to make restitution. He probably would have been fired from his employment and charged with a crime,” it says.
The suit alleges assault, battery and negligent infliction of emotional distress by Kosena and, by extension, the police department.
It alleges intentional infliction of emotional distress by Kosena, the department, Muir and Odlin; negligence by Kosena, the department and Muir; and defamation/slander by Odlin.
Shermer seeks both actual and punitive damages, as well as attorneys’ fees.
Nugent said Shermer sent a letter to the city in February, seeking a $250,000 out-of-court settlement, but that the city rejected that.
For More Information Contact us at:
http://beverlyhillsemploymentlaw.com/
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