COMMONWEALTH OF KENTUCKYFRANKLIN CIRCUIT COURT

CASE NO. ____________

NICOLE CUSIC PLAINTIFF

vs. VERIFIED COMPLAINT

LEGISLATIVE RESEARCH COMMISSION,Serve: Hon. Jack Conway

Office of the Attorney General700 Capital Avenue, Suite 118Frankfort, Kentucky 40601

BOBBY SHERMAN,Serve: Bobby Sherman

214 Delaplain RoadWinchester, KY 40391-9264

and

WILL COURSEY DEFENDANTSServe: Will Coursey

702 Capitol AveAnnex Room 351AFrankfort KY 40601 

* * * * * * *

Come the Plaintiff, Nicole Cusic (“Nicole”), by counsel, and for her Verified Complaint

against the Defendants, Legislative Research Commission ("LRC"), Bobby Sherman

(“Sherman”), and Will Coursey (“Coursey”) (collectively the “Defendants”), state as follows:

THE PARTIES

1. The Plaintiff, Nicole, is and was at all relevant times hereto, a resident of the

Commonwealth of Kentucky and employed by the LRC.

2. The Defendant, the LRC, is an agency of the legislative branch of state

government and was created by KRS Chapter 7. LRC has its principal office is located in

Frankfort, Kentucky.

3. The Defendant, Sherman, is and was at all relevant times hereto, a resident of the

Commonwealth of Kentucky and the director of the LRC.

4. The Defendant, Will Coursey, is and was at all relevant times hereto, a

Democratic Kentucky state Representative.

JURISDICTION & VENUE

5. This Court has original jurisdiction over this action pursuant to KRS 23A.010.

6. Venue is proper in this Court pursuant to KRS 452.460(1).

FACTS

7. Plaintiff, Nicole, is employed by the LRC and currently serves as a secretary in

the Senate.

8. Upon information and belief, on or around November of 2012, Coursey was en-

gaging in sexually harassing behavior toward interns and LRC employees.

9. Upon information and belief, Coursey's conduct was a topic of discussion among

interns, LRC employees, and other representatives.

10. Out of concern for Coursey, Nicole notified Coursey of his inappropriate conduct

and how it was drawing comments from other interns, representatives, and LRC employees.

11. After Nicole made a good faith complaint to Coursey, Coursey quit communicat-

ing with Nicole and started complaining about Nicole's work performance.

12. Upon information and belief, Coursey went to Representative Greg Stumbo's of-

fice requesting that Nicole be transferred to another representative.

2

13. Prior to Nicole being transferred, Nicole was removed from Coursey's office and

placed in a separate office, where she sat for about one month with no work.

14. Cusic was later advised by former LRC Director, Bobby Sherman, that Nicole

was being transferred to the Senate.

15. Thereafter, Nicole was transferred from her position as a secretary for a demo-

cratic House of Representative to a secretary for a republican Senator.

16. Defendants' actions have resulted in Nicole being shunned at work, feeling

humiliated as well as degraded, alienated, and constantly uncomfortable at work.

COUNT IViolation of KRS 344.280

(Retaliation)

17. The Plaintiffs incorporate by reference, as if set forth fully herein, each and every

averment, allegation, or statement contained in the previous paragraphs of this Verified Com-

plaint.

18. During Nicole’s employment with LRC, Sherman and Coursey conspired and

retaliated against Nicole for making a complaint against Coursey regarding his sexually

harassing behavior.

19. Sherman and Coursey were both aware of Nicole’s complaint against Coursey.

20. As a result of Nicole’s complaint, Sherman and Coursey subjected her to the

above-described adverse treatment.

21. As a direct and proximate result of the aforementioned conduct, Nicole suffered

great distress and/or embarrassment and/or humiliation and/or mental anguish and/or wage loss

and/or medical expenses in an amount which exceeds the minimal jurisdictional limits of this

Court.

3

COUNT IIViolation of KRS 61.101, et. seq.,

22. The Plaintiffs incorporate by reference, as if set forth fully herein, each and every

averment, allegation, or statement contained in the previous paragraphs of this Verified Com-

plaint.

23. LRC's actions against Nicole resulted in injuries pursuant to KRS 61.101, et. seq.,

which provides, generally, protection from reprisal and/or retaliation to public employees who

disclose or report violations of the law. This statute is known as the “whistleblower” statute.

24. Nicole was at all times relevant hereto an “employee” within the scope of the def-

inition of the term “employee” set forth in KRS 61.101(1).

25. The LRC was an “employer” within the scope of the definition of the term “em-

ployer” set forth in KRS 61.101(2).

26. During Nicole’s employment with the LRC, Nicole reported and disclosed, in

good faith, facts and information concerning Coursey’s sexually harassing behavior.

27. Because of Nicole’s disclosure, she was subjected to retaliation and reprisal,

which culminated in Nicole being transferred to another department after she complained to

Coursey about his inappropriate comments and relationships with other LRC staff and interns.

28. Nicole made the above-stated disclosure to the appropriate authorities.

29. The aforementioned conduct was committed in violation of KRS 61.101, et.seq.

30. As a direct and proximate result of the aforementioned conduct, Nicole has suf-

fered great and emotional distress and/or embarrassment and/or humiliation and/or mental an-

4

guish and/or wage loss and/or medical expense and/or lost overtime, and/or lost court pay, all of

which exceed the minimal jurisdictional amount of this Court.

WHEREFORE, the Plaintiff demands judgment on her Complaint against the

Defendants in an amount sufficient to invoke the jurisdiction of this Court and, in addition,

demand the following:

1. Judgment on their Complaint against the Defendants;

2. A trial by jury on all issues triable;

3. Compensatory damages;

4. For their costs herein expended including a reasonable attorney’s fees; and

6. Any and all other relief to which Plaintiffs are properly entitled.

Respectfully Submitted,

______________________________THOMAS E. CLAY, P.S.C.DAVID N. WARDCLAY DANIEL WALTON & ADAMS, PLC462 South Fourth AvenueMeidinger Tower, Suite 101Louisville, Kentucky 40202(502) 561-2005tclay@tclaylaw.comdavid@justiceky.comCounsel for Plaintiff

5

_______________________________________Nicole Cusic

COMMONWEALTH OF KENTUCKY )) ss:

COUNTY OF JEFFERSON )

SUBSCRIBED AND SWORN TO before me by Nicole Cusic this _______ day of __________________________ 2031.

My commission expires: ________________________________.

_______________________________________Notary Public, State-at-Large, Kentucky

6