27-CV-17-15654 Filed in Fourth Judicial District Court 10/12/2017 11:31 AM Hennepin 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. 7‘“ 333 S. 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 WRITTEN RESPONSE 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 27-CV-17-15654 Filed in Fourth Judicial District Court 10/12/2017 11:31 AM Hennepin County, MN
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 By Kyle E. Hart (#159025) Nathan R. Sellers (#0393010) 333 South Seventh Street, Suite 2600 Minneapolis, MN 55402 (612) 359—7600 klmrl’ZZ‘:I‘whtlmxzcom
Frederic Bruno (#1 23213) BRUNO LAW, PLLC 5500 Wayzata Blvd., Suite 1000 Minneapolis, MN 55416 (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 27-CV-17-15654 Filed in Fourth Judicial District Court 10/12/2017 11:31 AM Hennepin County, MN
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- w 1. 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 27-CV-17-15654 Filed in Fourth Judicial District Court 10/12/2017 11:31 AM Hennepin County, MN
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 27-CV-17-15654 Filed in Fourth Judicial District Court 10/12/2017 11:31 AM Hennepin County, MN
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 27-CV-17-15654 Filed in Fourth Judicial District Court 10/12/2017 11:31 AM Hennepin County, MN
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.
P.A. FABYANSKE W S , HART & THOMSON,
Dated: October 11, 2017 By Kyle E. Har/(#159025) Nathan R. Sellers (#0393010) 333 South Seventh Street, Suite 2600 Minneapolis, MN 55402 (612) 359—7600 khm‘lt’iii:fwhllaw.com nsellersa’ifil‘whllaw.com
Frederic Bruno (#123213) BRUNO LAW, PLLC 5500 Wayzata B1vd., Suite 1000 Minneapolis, MN 55416 (763) 545-7900 brunozt}?brunolmvuml
ATTORNEYS FOR PLAINTIFF
ACKNOWLEDGMENT
witness fees be I acknowledge that costs, disbursements reasonable attorney and may against the allegations in this awarded under Minn. Stat. § 549.21 1, subd. arty whom pleading are asserted.
Kyle E. Hart (#159025)
4805069 4 27-CV-17-15654 Filed in Fourth Judicial District Court 10/12/2017 11:31 AM 0‘ onoo AT&T ’a 3:32 PM 4 $ 61%.} Hennepin County, MN w 0 G)
Thanks for you kind words.
And... Ot is your cavll though
I 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 many agreements that we worked through! Now he's on my team and therefore yours
The rank and file voted him out — will they accept him?
Yes they already do! and they 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 Court 10/12/2017 11:31 AM ’6 0‘ «no AT&T 3:32 PM 1 $ 60% gj- Hennepin County, MN out - will they accept'him? Yes they already do! and they didn't vote him out they wanted change. He has been instrumental in helping Kjos lead the. troops Since the damage Fritz has done. I also need someone who can lead during contentious election times and not waver from the mission. John knows how to manage politics and will do what | need him to do. Great. Love that. Today 1:55 PM Progressive community remembers he's the one who commented on 27-CV-17-15654 Filed in Fourth Judicial District Court 10/12/2017 11:31 AM «no AT&T cs 3:32 PM 4 a $ 60% I3» Hennepin County, MN (Q 9 <9 Janee Progressive community remembers he's the one who commented on pointergate, and in 4th precinct especially to have that person inspector wont be 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. _ l" X: ‘ ii‘ai'i‘cz E'JbCELH‘: 0 i u ., \\ ‘\\ ‘l/ 27-CV-17-15654 Filed in Fourth Judicial District Court 10/12/2017 11:31 AM '6 «coo AT&T 4? 3:32 PM 4 >3 60% II]- Hennepin County, MN <@ ® G) Janee What time does the announcement go out? It's our To go from fritz to Delmonico for a lot of people will be *disastrous*. I understand for a certain old school Circle they remember him fondly. For everyone else they know him as the pointergate guy — and the one | pointed out opposed all progressive policing strategies. I'm in a meeting and can't talk. | disagree and we have until Aug 20th to further build relationships and | have a plan to do so 27-CV-17-15654 Filed in Fourth Judicial District Court 6‘ 0‘ 10/12/2017 11:31 AM ooooo AT&T 3:32 PM 4 >8 60% l3 Hennepin County, MN <6 9 ® Janee '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 go out? Ok. | assume | will hear about it shortly. lam going to have t0 ¥ _ VI" 0 1‘. .,.'.A.‘; :r-z ‘ l :nz; 4.; i x \J , 27-CV-17-15654 Filed in Fourth Judicial District Court 10/12/2017 11:31 AM «no AT&T cs 3:32 PM 4 a >3 60% Ij- Hennepin County, MN Ok. I assume I will hear about it shortly. I am going to have to determine how l respond to this. You let me know once it was decided, not in time to advise against it, so my options 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 Court 0‘ 10/12/2017 11:31 AM «no AT&T 6? 3:32 PM 4 >8 60% Ij- Hennepin County, MN 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 up with my family for Lauren's 18th birthday dinner from 4-10. Happy to talk after or in the morning Ok. I will work through rondo. Delivered i, } ‘ A N :‘-..-'>:i. ;’ L if-Tfitag E i LR: g t' s"; /. a Q x 9