summons - kstp.comkstp.com/kstpimages/repository/cs/files/delmonico... · vs. summons betsyhodges,...

27-CV-17-15654 Filed in Fourth Judicial District Court10/12/2017 11:31 AMHennepin County, MN

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT

John Delmonico, Court File No.:

Judge:

Plaintiff,

vs. SUMMONS

Betsy Hodges, individually and in her

capacity as Mayor of the City 0f Minneapolis,

and the City of Minneapolis,

Defendants.

THIS SUMMONS IS DIRECTED TO DEFENDANTS, ABOVE-NAMED:

1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The

Plaintiff’s Complaint against you is attached to this Summons. Do not throw these papers away.

They are official papers that affect your rights. You must respond to this lawsuit even though it

may not yet be filed with the Coun and there may be no court file number 0n this Summons.

2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS.You must give or mail to the person who signed this Summons a written response called an Answer

within 20 days of the date on which you received this Summons. You must send a copy 0f your

Answer to the person who signed this Summons located at:

Kyle E. Hart

Fabyanske, Westra, Hart & Thomson, P.A.

333 S. 7‘“ St., Suite 2600

Minneapolis, MN 55402

3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written

response t0 the Plaintiff s Complaint. In your Answer you must state whether you agree 0r disagree

with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything

asked for in the Complaint, you must say so in your Answer.

4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTENRESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS.If you do not Answer within 20 days, you will lose this case. You will not get t0 tell your side of

the story, and the Court may decide against you and award the Plaintiff everything asked for in the

4819247 1


complaint. If you do not want to contest the claims stated in the complaint, you dov not need Io

respond. A default judgment can then be entered against you for the relief requested in the

complaint.

5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do

not have a lawyer, the Court Administrator may have information about places where you can get

legal assistance. Even if you cannot get legal help, you must still provide a written Answer t0

protect your rights or you may lose the case.

6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree t0 or be

ordered to participate in an alternative dispute resolution process under Rule l 14 of the Minnesota

General Rules of Practice. You must still send your written response to the Complaint even if you

expect t0 use alternative means of resolving this dispute.

FAB *, WESTRA, HART & THOMSON, P.A.

Dated: October ll, 2017 ByKyle E. Hart (#159025)

Nathan R. Sellers (#0393010)

333 South Seventh Street, Suite 2600


(612) 359—7600

klmrl’ZZ‘:I‘whtlmxzcom

Frederic Bruno (#1 23213)

BRUNO LAW, PLLC5500 Wayzata Blvd., Suite 1000


(763) 545-7900

b1‘uno:’2§1l7rlln<>lawcom

ATTORNEYS FOR PLAINTIFF

ACKNOWLEDGMENT

I acknowledge that costs, disbursements nd reasonable attorney and witness fees may be

awarded under Minn. Stat. § 549.21 1, subd 3 to he party against whom the allegations in this

pleading are asserted.

Kyle E. Hart (#159025)

4819247 2


STATE OF MINNESOTA DISTRICT COURT

COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT

John Delmonico, Court File No.:

Judge:

Plaintiff,

vs. COMPLAINT

Betsy Hodges, individually and in her

capacity as Mayor 0f the City of Minneapolis,

and the City ofMinneapolis,

Defendants.

Plaintiff, for his Complaint against Defendants, states as follows:

1- w1. Plaintiff John Delmonico (“Delmonico”) is an individual resident 0f Minneapolis,

Minnesota. At all times pertinent to the allegations in this Complaint, Delmonico was a Lieutenant

in the Minneapolis Police Department and a night supervisor in the Fourth Precinct.

2. Defendant Betsy Hodges (“Hodges”) is an individual resident of Minneapolis,

Minnesota. At all times pertinent to the allegations in this Complaint, Hodges was the Mayor 0f

the City ofMinneapolis.

3. Defendant City of Minneapolis (“City”) is a Minnesota municipal corporation. At

all times pertinent to the allegations in this Complaint, Hodges was an agent and employee of the

City (i.e., its Mayor).

4. Venue in this Coun is proper under Minn. Stat. § 542.09 because a substantial

number of the events or omissions giving rise to the claims asserted herein occurred in Hennepin

4805069 1


County, numerous witnesses reside in Minnesota, and plaintiff and defendants are located in

Hennepin County.

II. FACTS

5. On April 26, 2017, Minneapolis Police ChiefJanee Harteau (“Harteau”) announced

that she was promoting Inspector Michael Kjos (“Kjos”) to a Deputy Chiefposition, and replacing

him with Delmonico as Inspector 0f the 4‘“ Precinct in Nonh Minneapolis, a position considered

t0 be one 0f the toughest in the Police Department. This decision had been made with the prior

approval of Hodges.

6. But, Hodges had other plans and reversed her position. Shonly after the

announcement, in a series of text mesgages between Hodges and Harteau on City-issued cell

phones, Hodges stated that Delmonico was untrustworthy (“we can’t trust John”) and was a racist

(“they also remember lots of racist stuff he has done”). A copy of the text messages is attached

hereto as Exhibit A, and incorporated herein by reference.

7. Because the text messages constituted “public records” under the Minnesota

Government Data Practices Act, they were produced to the news media in response Io requests

and widely published.

8. Hodges ultimately blocked Delmonico’s appointment.

III. _C_L_A_IM

9. The allegations in Paragraphs 1-8 are realleged and incorporated herein by

reference.

10. At the time Hodges made the statements about Delmonico set forth above in

Paragraph 6 (the “Defamatory Statements”), Hodges was an agent and employee of the City and

acting within the scope of such agency and employment.

4805069 2


11. At the time Hodges made the Defamatory Statements, Delmonico was a private

Minnesota resident, not a public figure.

12. Hodges’ Defamatory Statements that Delmonico was untrustworthy and a racist are

false, libelous, and defamatory, per se. The Defamatory Statements exposed Delmonico to hatred,

contempt, ridicule, and obloquy.

13. The Defamatory Statements were not privileged.

14. The Defamatory Statements were widely publicized and included in news articles,

including articles in the Minneapolis Star and Tribune, the Pioneer Press, and 0n the internet,

television and radio.

15. Hodges’ Defamatory Statements were intentionally or recklessly made with malice,

hatred, and ill-will toward Delmonico and with a desire to injure him. Upon information and

belief, Hodges’ desire to injure Delmonico stems from, among other things, prior disputes over

union pension benefits (when Hodges was 0n the Minneapolis City Council and Delmonico was

head 0f the Minneapolis Police Federation) and over a dispute that became known as

“Pointergate,” where Delmonico questioned the wisdom of the Mayor posing in a photograph with

a convicted criminal while appearing to flash gang signs for the camera.

16. Hodges’ Defamatory Statements harmed Delmonico‘s reputation and lowered him

in the estimation 0f his profession and the community in general. As a direct and proximate result

0f the publication of Hodges’ Defamatory Statements, Delmonico has suffered damage t0 his

career, reputation, shame, embarrassment, mortification, and mental anguish, all to his damage in

an amount in excess of $50,000, t0 be established by proof at trial.

4805069 3


WHEREFORE, Delmonico demands judgment against Hodges and the City, jointly and

severally, for:

1. compensatory damages according to proof;

2. interest as allowed by law;

3. costs 0f stiit; and

4. such other and further relief as this Court may deem just and proper.

Delmonico also expressly reserves the right to seek leave 0f Court t0 assert a claim for

punitive damages pursuant to Minn. Stat. § 549.20.

FABYANSKE W S ,HART & THOMSON, P.A.

Dated: October 11, 2017 ByKyle E. Har/(#159025)

Nathan R. Sellers (#0393010)

333 South Seventh Street, Suite 2600


(612) 359—7600

khm‘lt’iii:fwhllaw.com

nsellersa’ifil‘whllaw.com

Frederic Bruno (#123213)

BRUNO LAW, PLLC5500 Wayzata B1vd., Suite 1000


(763) 545-7900

brunozt}?brunolmvuml

ATTORNEYS FOR PLAINTIFF

ACKNOWLEDGMENT

reasonable attorney and witness fees may be

arty against whom the allegations in this

I acknowledge that costs, disbursements

awarded under Minn. Stat. § 549.21 1, subd.

pleading are asserted.

Kyle E. Hart (#159025)

4805069 4

27-CV-17-15654 Filed in Fourth Judicial District Court10/12/2017 11:31 AMHennepin County, MNonoo AT&T ’a 3:32 PM 4 0‘ $ 61%.}w 0 G)

Thanks for you kind words.

And... Ot is your cavll thoughI have a question on two.

Mostly, we know we can't

trust John. How will

You deal with that?

Yes l can

He played his role as

president but we had manyagreements that we workedthrough! Now he's on myteam and therefore yours

The rank and file voted him

out — will they accept him?

Yes they already do! andthey didn't vote him out

they wanted change. He exman

has been instrumental in é

helping Kjos lead the

27-CV-17-15654 Filed in Fourth Judicial District Court10/12/2017 11:31 AMHennepin County, MN«no AT&T ’6 3:32 PM 1 0‘ $ 60% gj-

<m G G)Janee

out - will they accept'him?

Yes they already do! andthey didn't vote him out

they wanted change. Hehas been instrumental in

helping Kjos lead the.

troops Since the damageFritz has done. I also needsomeone who can lead

during contentious election

times and not waver fromthe mission. John knowshow to manage politics andwill do what | need him to

do.

Great. Love that.

Today 1:55 PM

Progressive communityremembers he's the onewho commented on

27-CV-17-15654 Filed in Fourth Judicial District Court10/12/2017 11:31 AMHennepin County, MN«no AT&T cs

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9 <9Janee

Progressive communityremembers he's the onewho commented onpointergate, and in 4th

precinct especially to have

that person inspector wontbe doing a lot of good for

community relationships.

They also remember lots of

racist stuff he has done.

Sorry, — Iwas in meetings

when we were texting

before and all this came to

me.

This will be very bad for NI

work and community trust

building.

And |don‘t know that | will

be able t0 defend it.

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0 iii‘ai'i‘cz E'JbCELH‘:

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27-CV-17-15654 Filed in Fourth Judicial District Court10/12/2017 11:31 AMHennepin County, MN«coo AT&T 4? 3:32 PM 4 '6

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<@ ® G)Janee

What time does the

announcement go out?

To go from fritz to

Delmonico for a lot of

people will be *disastrous*. I

understand for a certain old

school Circle they remember

It's our

him fondly. For everyoneelse they know him as the

pointergate guy — and the

one | pointed out opposedall progressive policing

strategies.

I'm in a meeting and can't

talk. | disagree and we haveuntil Aug 20th to further

build relationships and |

have a plan to do so

27-CV-17-15654 Filed in Fourth Judicial District Court10/12/2017 11:31 AMHennepin County, MNooooo AT&T 6‘ 3:32 PM 4 0‘

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'7’1-IWF—umA—‘v—*fi-v———~k~i > -r-- ">"—

What is g_gg,2Q? And I don't

think community activists

are going to wait and see:

The ’effective date

Was that part of the

communication out to the

public?

| really think you're

underestimating how poorly

this will be taken.

When did announcement goout?

Ok. | assume| will hear about it shortly.

lam going to have t0

_ VI"

¥

0l :nz; 1‘. .,.'.A.‘; :r-z 4.; i ‘

x \J ,

27-CV-17-15654 Filed in Fourth Judicial District Court10/12/2017 11:31 AMHennepin County, MN«no AT&T cs 3:32 PM 4 a >3 60% Ij-

<m '9 G)Janee

Ok. I assumeI will hear about it shortly.

I am going to have to

determine how l respond to

this. You let me know onceit was decided, not in time

to advise against it, so myoptions are limited.

Chief, we need to talk.

I will call you as soon as |

can

Make it soon, chief.

Need10

Chief. Unless you're in an

active life threatening

situation there is nothing

you're doing right now that

is more imoortant than

a 9 Q 9.

27-CV-17-15654 Filed in Fourth Judicial District Court10/12/2017 11:31 AMHennepin County, MN«no AT&T 6? 3:32 PM 4 0‘

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<a G <9Janee

rv -'v v

Need10

Chief. Unless you're in an

active life threatening‘

situation there is nothing

you're doing right now that

is more important than

talking with me.

To be clear - don't talk to

Delmonico until I have a

plan and give the 0k

Copy. Again | am tied upwith my family for Lauren's

18th birthday dinner from4-10. Happy to talk after or

in the morning

Ok. I will work through

rondo.

Delivered

‘ i,

A N }a t' E Q i L:‘-..-'>:i. ;’ if-Tfitag LR: 9 g

xs"; /.

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