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UNITED STATES DISTRICT COURT


EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

PHILIP KOZLOWSKI,
Plaintiff,
Case No:
v.
Hon.
WAYNE COUNTY and WAYNE COUNTY
SHERIFFS DEPARTMENT,
Defendants.

SCOTT P. BATEY (P54711)


Batey Law Firm, PLLC
Attorney for Plaintiff
30200 Telegraph Road, Suite 400
Bingham Farms, MI 48025
(248) 540-6800-telephone
(248) 540-6814-fax
sbatey@bateylaw.com
COMPLAINT AND JURY DEMAND
NOW COMES, Plaintiff, Philip Kozlowski (hereinafter Kozlowski), by and through his
attorneys Scott P. Batey and the Batey Law Firm, PLLC, and for his Complaint against
Defendants states as follows:
1.

Plaintiff, Philip Kozlowski, is a resident of the Village of Oxford, County of

Oakland and State of Michigan.


2.

Defendant, Wayne County (hereinafter WC) is a governmental entity duly

authorized to do business in the County of Wayne and State of Michigan.


3.

Defendant, Wayne County Sheriffs Department (hereinafter WCSD) is a

governmental entity duly authorized to do business in the County of Wayne and State of
Michigan.
4.

Jurisdiction and venue are proper in the District Court for the Eastern District of

Michigan pursuant to 28 U.S.C. 1391(b) & (c).

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5.

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The amount in controversy exceeds $75,000.00, exclusive of interest and costs,

and jurisdiction and venue is otherwise proper in this Court.


6.

Plaintiff brings this action for damages arising out of the acts and/or omissions of

Defendants constituting unlawful discrimination/harassment consisting of sexual harassment


and retaliation in violation of Title VII and the Michigan Elliott-Larsen Civil Rights Act, MCLA
37.2101, et seq. which resulted in emotional and economic damages to Plaintiff.
GENERAL ALLEGATIONS
7.

Plaintiff incorporates by reference paragraphs 1 through 6 of the Complaint as

though fully set forth herein.


8.

Plaintiff, Philip Kozlowski began his employment with Defendant, Wayne County

Sheriffs Department on or about May 1992.


9.

In early November 2014 Sergeant Maureen McMillan began a campaign of

sexual harassment against Plaintiff, which lasted until October 2015, which included the
following comments and actions:
a. We can break my new mattress in;
b. What would you do if I were to unbutton your pants and just start sucking your
dick right now;
c. I only live 3 blocks from your sons house, why dont you come by after you visit,
for a blow job;
d. Next time you throw a party, invite me over, we can get your wife drunk and
have a threesome;
e. Id love to sit in your Jacuzzi topless;
f.

You need to talk to me the way you talk to your wife;

g. Why wont you fuck me, you fucked all those other hoes;
h. Your wife is a hoe from the ghetto;
i.

Its okay to cheat because men are hard wired for sex and in the biblical days
men had more than one women;

j.

Did you see 50 Shades of Grey, I bet you are just like him in bed
2

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k. She would give Plaintiffs partners false assignments in order to be alone with
him;
l.

She would close the door, turn off the lights and lock herself in the office with
him;

m. She has texted and called his personal cell phone for non-work related issues;
n. She has driven by his home on several occasions;
o. She would frequently pull him off assignments to hang out with her leaving his
partner to pick up the slack;
p. She neglected her duties as a Sergeant and would come to his post and spend
the entire shift there;
q. She would purposely sit very close to him so that their knees would touch;
r.

She demanded Corporal Toth tell her what Plaintiff said in his complaint that he
wrote about her behavior and responded with Kozlowski doesnt know who hes
fucking with, Im going to fuck him, and fuck him good; and

s. She referred to Plaintiffs son as her son and Plaintiff as her husband.
10.

On or about November 2014 Plaintiff made numerous verbal complains to

Captain Sable regarding the sexual harassment.


11.

On or about October 24, 2015 Plaintiff filed a written complaint of sexual

harassment.
12.

On or about October 28, 2015 in retaliation of Plaintiffs complaints of sexual

harassment, Defendant demoted Plaintiff from sworn Police Officer to non-sworn Police Officer.
13.

On or about November 7, 2014 Plaintiff was transferred to a different division in

retaliation of Plaintiffs complaints of sexual harassment.


14.

On or about the end of November 2014 Plaintiff was then transferred to the

phone bank in retaliation of Plaintiffs complaints of sexual harassment.


15.

Sergeant

Maureen

McMillans actions and conduct

constituting

sexual

harassment and Defendants retaliation created a hostile work environment which substantially
interfered with his ability to do his job.

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16.

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During the time period in question, Defendant was Plaintiffs employer and

Plaintiff was its employee within the meaning of Title VII of Civil Rights Act of 1964, and the
Michigan Elliott-Larsen Civil Rights Act, MCLA 37.2101, et seq. Moreover, Defendant, Wayne
County Sheriffs Department is responsible for all acts committed by its agents, representatives
and employees within the scope of their employment.
17.

At all times relevant, Plaintiff was acting as an employee.

18.

Defendants, through their agents, representatives and employees, were

predisposed to sexually harass and discriminate against Plaintiff on the basis of his gender and
acted in accordance with that predisposition.
19.

Defendants actions were intentional, or were carried out with reckless

indifference to Plaintiffs rights and sensibilities.


20.

On September 1, 2016 the EEOC issued a Right to Sue letter against the Wayne

County Sheriffs Department.


COUNT I
SEXUAL HARASSMENT
21.

Plaintiff incorporates by reference paragraphs 1 through 20 of the Complaint as

though fully set forth herein.


22.

Pursuant to Title VII of Civil Rights Act of 1964, and the Michigan Elliott-Larsen

Civil Rights Act, MCLA 37.2101, et seq. Plaintiff is guaranteed the right to be free from
discriminatory treatment and harassment from their employer and/or supervisors based upon
his sex.
23.

Defendants created a hostile work environment for Plaintiff as a result of

Plaintiffs sex and his complaints of sexual harassment.


24.

Defendant Wayne County Sheriffs Department is an employer within the

Michigan Elliott-Larsen Civil Rights Act, MCLA 37.2101, et seq.

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25.

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Plaintiff has been subjected to repeated and continuous harassment and

discriminatory treatment based upon his sex by Defendant its employees and agents to the
point where his status as an employee has been detrimentally affected.
26.

Plaintiff is entitled to exemplary and compensatory damages pursuant to the

Michigan Elliott-Larsen Civil Rights Act, MCLA 37.2101, et seq. as a result of each and every
violation of the act, including costs and reasonable attorneys fees.
27.

Defendants and their agents, employees and representatives, including but not

limited to Sergeant Maureen McMillan, breached and violated their duty to Plaintiff by reason of
the following acts and/or omissions:
a. Violating the laws against discrimination by engaging in sexual harassment in the
workplace;
b. Retaliating against employees who make complaints of discrimination and
harassment; and
c. Failing to take serious and corrective action when informed by Plaintiff that the
conduct towards him was unlawful.
28.

Defendants owed Plaintiff as a male employee, a duty to adequately advise their

employees to refrain from discriminating against employees.


29.

Defendant, Wayne County Sheriffs Department, breached and violated their duty

owed to Plaintiff, by reason of the following acts and/or omissions:


a. Failing to prevent or stop sexual harassment against Plaintiff causing a hostile
work environment;
b. Taking adverse employment action against Plaintiff due to his race including
demoting him; and
c. Retaliating against Plaintiff for his complaints of sexual harassment.
30.

As a direct and proximate result of the actions of the Defendant, Wayne County

Sheriffs Department, Plaintiff was the subject of discriminatory conduct on the part of the
Defendant, Wayne County Sheriffs Department.

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31.

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Because of the unlawful conduct of Defendant, Wayne County Sheriffs

Department, and its agents and employees, and as a direct and proximate cause of such
conduct, Plaintiff has suffered damages, including humiliation, embarrassment, outrage, mental
anguish and anxiety, emotional distress, loss of self-esteem, loss of earnings and other
employment benefits, and a loss of capacity for the enjoyment of life.
WHEREFORE, Plaintiff respectfully requests judgment in his favor against Defendants in
an amount in excess of $75,000.00, together with costs, interest and attorney fees and any
other relief this Honorable Court deems appropriate.
COUNT II
GENDER DISCRIMINATION
32.

Plaintiff incorporates by reference paragraphs 1 through 31 of the Complaint as

though fully set forth herein.


33.

Pursuant to Title VII and the Michigan Elliott-Larsen Civil Rights Act, MCLA

37.2101, et seq. Plaintiff is guaranteed the right to be free from discriminatory treatment and
harassment from their employer and/or supervisors based upon his gender.
34.

Plaintiffs gender as a male caused representatives and/or employees of

Defendant to subject him to disparate treatment and hostility.


35.

The harassment suffered by Plaintiff due to his gender had the purpose and/or

effect of substantially interfering with Plaintiff's employment creating an intimidating, hostile, and
offensive environment due to his gender.
36.

Defendant had both actual and constructive notice that they were creating an

intimidating, hostile and offensive work environment for Plaintiff.


37.

Despite having notice that Plaintiff was being discriminated against and harassed

due to his gender, Defendant failed to take any remedial action.

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38.

The

hostility

and

unwelcome

treatment

due

to

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Plaintiffs

gender

by

representatives and employees of Defendant and their failure to take any remedial action violate
Title VII and the Michigan Elliott-Larsen Civil Rights Act, MCL 37.2101 et seq.
39.

Plaintiff is entitled to exemplary and compensatory damages pursuant to Title VII

and the Michigan Elliott-Larsen Civil Rights Act, MCLA 37.2101, et seq. as a result of each and
every violation of the act, including costs and reasonable attorney fees.
40.

Defendant owed Plaintiff as an employee, a duty to adequately advise their

employees to refrain from discriminating against employees.


41.

As a direct and proximate result of the actions of Defendant, Plaintiff was the

subject of discriminatory conduct on the part of Defendant.


42.

As a proximate result of the unwelcome treatment due to his gender by

representatives and employees of Defendant because of Plaintiffs gender, and Defendants


failure to take remedial action against the conduct, Plaintiff has sustained injuries including, but
not limited to, physical pain and suffering, mental anguish, fright, shock, embarrassment,
humiliation, mortification, outrage, anxiety, emotional distress, loss of self-esteem, loss of
earnings and other benefits and a loss of capacity for the enjoyment of life.
WHEREFORE, Plaintiff respectfully requests judgment in his favor against Defendants in
an amount in excess of $75,000.00, together with costs, interest and attorney fees and any
other relief this Honorable Court deems appropriate.
COUNT III
RETALIATION
43.

Plaintiff incorporates by reference paragraphs 1 through 42 of the Complaint as

though fully set forth herein.


44.

Pursuant to Title VII and the Michigan Elliott-Larsen Civil Rights Act, MCLA

37.2201, et seq., Plaintiff is guaranteed the right to be free from discrimination from his
employer and/or supervisors based upon sex and his gender.

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45.

Plaintiffs sex was a factor in Defendants employment decisions.

46.

Defendant Wayne County Sheriffs Department was Plaintiffs employer within

the meaning of Title VII and the Elliott-Larsen Civil Rights Act, MCLA 37.2201, et seq.
47.

During the course of his employment with Defendant, Wayne County Sheriffs

Department Plaintiff was subjected to constant unwelcome sexual harassment creating a hostile
work environment by Defendant.
48.

The sexual harassment created a hostile work environment and had the purpose

and/or effect of substantially interfering with Plaintiff's employment and/or creating an


intimidating, hostile, and offensive employment environment.
49.

Plaintiff complained to upper management of Defendant, Wayne County Sheriffs

Department that he was being discriminated against due to his sex and that he was being
subjected to a hostile work environment.
50.

Defendant Wayne County Sheriffs Department had actual and constructive

notice that it was creating an intimidating, hostile and offensive work environment for Plaintiff.
51.

Despite having notice of the sexual harassment and gender discrimination and

conduct toward Plaintiff, Defendant Wayne County Sheriffs Department failed to take any
remedial action, but instead took adverse employment action against Plaintiff based upon his
gender and in retaliation for his complaints of sexual harassment and gender discrimination.
52.

The sexual harassment and gender discrimination and conduct by Defendant

and Defendants failure to take any remedial action violate Title VII and the Michigan ElliottLarsen Civil Rights Act, MCL 37.2101 et seq.
53.

As a proximate result of the Defendants retaliation of Plaintiff, Plaintiff has

sustained injuries including, but not limited to, physical pain and suffering, mental anguish,
fright, shock, embarrassment, humiliation, mortification, outrage, anxiety, emotional distress,
loss of self-esteem, loss of earnings and other employment benefits and a loss of capacity for
the enjoyment of life.
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WHEREFORE, Plaintiff respectfully requests judgment in his favor against Defendants in


an amount in excess of $75,000.00, together with costs, interest and attorney fees and any
other relief this Honorable Court deems appropriate.

Respectfully submitted,
BATEY LAW FIRM, PLLC
By: /s/Scott P. Batey
SCOTT P. BATEY (P54711)
Attorney for Plaintiff
30200 Telegraph Road, Suite 400
Bingham Farms, Michigan 48025
(248) 540-6800
sbatey@bateylaw.com

Dated: November 28, 2016

DEMAND FOR JURY TRIAL


NOW COMES Plaintiff, Philip Kozlowski, by and through his attorneys, Scott P. Batey
and the Batey Law Firm, PLLC, and hereby demands a trial by jury on all issues allowed by law.

Respectfully submitted,
BATEY LAW FIRM, PLLC
By: /s/Scott P. Batey
SCOTT P. BATEY (P54711)
Attorney for Plaintiff
30200 Telegraph Road, Suite 400
Bingham Farms, Michigan 48025
(248) 540-6800
sbatey@bateylaw.com
Dated: November 28, 2016