mccarthy sues webster for second time

IN THE 22ND JUDICIAL CIRCUIT COURT OF CiTY OF ST LOUIS, MISSOURI

Defendant/Respondent:WEBSTER UNIVERSITYNature of Suit:CC ErnploymntDiscrmntn2l3.111

Court Address:CIVIL COURTS BUILDiNG10 N TUCKER BLVDSAINT LOUIS, MO 63101

Civil Procedure Form No. I, Rules 54.01 -- 54.05,54.13, and 54.20; 506.120 — 506.140, and 506.150 RSMo

Judge or Division: Case Number: 1322-CC0006IPHILIP HEAGNEYPlaintiff/Petitioner: Plaintiff’s/Petitioner’s Attorney/AddressTRACEY MCCARTHY PHiLIP HERMAN DENNIS JR

5340 DELMARSUITE 101

vs. SAINT LOUIS, MO 63112

Summons in Civil Case

COURTSEAL OF

(Date File Stamp)

The State ofMissouri to: WEBSTER UNIVERSITYAlias:

DR ELIZABETH STROBLE PRESIDENT ST. LOUIS COUNTY470 EAST LOCKWOODSAINT LOUIS, MO 63119

You are summoned to appear before this court and to file your pleading to the petition, a copy ofwhich is attached, and to serve a copy of your pleading upon the attorney for Plaintiff/Petitioner at theabove address all within 30 days after receiving this summons, exclusive of the day of service. If you fail tofile your pleading, judgment by default may be taken against you for the relief demanded in the petition.

p‘7KiJ.A. ::!1.’..//...._.

Januaryl5,2013 s__J

Date M. Jane SchweitzerCircuit Clerk

Further Information:

_______ _________ _________

CITY OFSTLOUIS

Sheriff’s or Server’s ReturnNote to serving officer: Summons should be returned to the court within thirty days after the date of issue.I certify that I have served the above summons by: (check one)

LI delivering a copy of the summons and a copy of the petition to the DefendantJRespondent.leaving a copy of the summons and a copy of the petition at the dwelling place or usual abode of the Defendant/Respondent with—________________________________________ a person of the Defendant’s/Respondent’s family over the age of 15 years.

LI (for service on a corporation) delivering a copy of the summons and a copy of the petition to

_______________________(name) __________________

i:i other’Served at

in

Printed Name of Sheriff or Server

(Seal)

(title).

(County/City of St. Louis), MO, on (date) at (time).

(address)

Must be sworn before a notary public if not served by an authorized officer:Subscribed and sworn to before me on

___________________ - -______________

My commission expires:

Signature of Sheriff or Server

Date

(date).

Sheriff’s Fees, if applicableSummons $______________

Non Est $_____________

Mileage $_______________ (miles @ $. per mile)Total

_____________

A copy of the summons and a copy of the petition must be served on each DefendantlRespondent. For methods of service on all classes ofsuits, see Supreme Court Rule 54.

Notary Public

OSCA (7-99) SM3O (SMCC) For Court Use Only: Document Id # 13-SMCC-433 I of I

IN THE CIRCUiT COURT OF SAINT LOUIS CITY MISSOURISTATE OF MISSOURI

TRACEY MCCARTHY )Petitioner, /:,2 CC /

) CaseNo:)

vs. ))

WEBSTERUNIVERSITY, )Serve: Dr. Elizabeth Stroble, President)

470 East Lockwood )St. Louis, MO. 63119 ) I

)Respondent. )

PETITION FORUNLAWFUL DISCRIMINATION PRACTICESUNDER THE MISSOURI HUMAN IGHTS ACT-RETALIATION,ASSAULT. FALSE IMPRISONMENT. CONSPIRACY. INTENTIONALINFLICTION OF EMOTIONAL DISTRESS. AN]) NEGLIGENT

INFLICTION OF EMOTIONAL DISTRESS

COMES NOW Petitioner, TRACEYMCCARTHY (“Dr. Tracey

McCarthy” “Dr. McCarthy” “Petitioner”), by and through counsel, Attorney

Philip H. Dennis, for her causes of action against Respondent, WEBSTER

UNiVERSITY (“Webster” “Employer” “Respondent”), for violation ofRSMo

213, Assault, False Imprisonment, Conspiracy, Intentional Infliction of

Emotional Distress, and Negligent Infliction ofEmotional Distress and states as

follows:

1

1. Petitioner, Dr. Tracey McCarthy, is an individual residing in St. Louis

County, State ofMissouri and at all relevant times was employed full-

time with Webster University as a tenured Associate Professor.

2. Petitioner has been employed as faculty by Respondent since 1997.

3. Respondent, Webster University, is and was at all times herein

mentioned a non-for profit corporation organized, existing, and doing

business under and by virtue ofthe laws ofthe State ofMissouri and

authorized to do general business and does business in St. Louis City and

St. Louis County under the laws ofthe State ofMissouri.

4. Betsy Schmutz was at all relevant times the Associate Vice President

and ChiefHuman Resource Officer for Webster University.

5. Julian Schuster was at all relevant times the Provost and Senior Vice

President for Webster University.

6. Ralph Offiges was at all relevant times the faculty Grievance

Coordinator for Webster University.

7. Karen Tokarz was at all relevant times holding herself out as an attorney

and mediator.

8. Karen Tokarz was paid by Webster University to represent Webster

University’s interests and positions.

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9. Karen Tokarz was paid by Webster University to represent Webster

University’s interests and positions in a June 1, 2012 meeting between

Webster University and Dr. Tracey McCarthy.

10.On August 19, 2011, Petitioner ified a Petition ofunlawfiul

discrimination and retaliation under the Missouri Human Rights Act

(MHRA), Title VII, and the Americans With Disabilities Act (ADA) in

the Circuit Court of St Louis County Missouri.

11 .Based upon federal question jurisdiction, Respondent Webster

University removed the action from the Circuit Court of St. Louis

County Missouri to the United States District Court for the Eastern

District ofMissouri.

12.Respondent and Petitioner scheduled a daylong, court-ordered,

alternative dispute resolution (ADR) mediation meeting for June 1,

2012.

13.The June 1, 2012 meeting between Webster University and Dr. Tracey

McCarthy turned out to not be an ADRmediation meeting.


McCarthy did not conform to the definition and standards ofmediation.

15.Karen Tokarz participated in the June 1, 2012 meeting between Webster

University and Dr. Tracey McCarthy.

3

1 6.Karen Tokarz participated in the June 1,2012 meeting between Webster

University and Dr. Tracey McCarthy as an agent ofWebster University.

17.On June 1, 2012, Karen Tokarz possessed agent authority with respect to

Webster University.

18.On June 1, 2012, Karen Tokarz misrepresented her meeting role to Dr.

Tracey McCarthy as one of a third party neutral.

19.Attorney Donnell Smith participated in the June 1,2012 meeting

between Webster University and Dr. Tracey McCarthy.

20.Attomey Travis Kearbey participated in the June 1, 2012 meeting


21 .Attorney Dennis Donnelly participated in the June 1,2012 meeting


22.Betsy Schmutz, Vice President for Human Resources ofWebster

University, participated in the June 1, 2012 meeting between Webster

University and Dr. Tracey McCarthy.

23.Karen Freeman, Webster University retiree, witnessed events of the June

1,2012 meeting betweenWebster University and Dr. Tracey McCarthy.

24.Dr. Tracey McCarthy filed a grievance regarding the June 1, 2012

meeting retaliation with Webster University.

25.Dr. McCarthy ified a charge ofunlawful discrimination and retaliation in

violation ofTitle VII and in violation ofRSMo 213 with the Equal

4

Employment Opportunity Commission (EEOC) (charge number 560-

2012-01735) and the Missouri Human Rights Commission (M}IRC)

(charge number FE 8/12-18007), respectively, in June 2012.

26.Petitioner is African American.

27.Petitioner is female.

28.On or about September 7, 2012 the Equal Employment Opportunity

Commission (EEOC) issued to Petitioner a “Notice of a Right to Sue,”

pursuant to Title VII on the charge ofunlawful race discrimination and

retaliation in agency charge number 560-2012-01735 and on or about

October 12,2012, the Missouri Human Rights Commission (M1{RC)

issued its “Notice of a Right to Sue” on the same charge (number FE

8/12-18007).

29.Dr. McCarthy has exhausted all ofher administrative remedies with

respect to the charge ofunlawful discrimination based upon race and

retaliation against employer Webster University.

30.The retaliation by Respondent, Webster University, occurred in St. Louis

City, State ofMissouri.

31 .Petitioner has brought this action within 90 days ofthe issuance of

Missouri Human Rights Commission (MRHC) Notice ofRight to Sue.

5

COUNT I - ASSAULT

32.Petitioner incorporates, by reference, allegations lthrough 31 into this

Count.

33.On June 1, 2012, Webster University, by and through Respondent’s

agent Karen Tokarz, purposely and knowingly engaged in repeated

physically threatening conduct that placed Dr. Tracey McCarthy in

apprehension ofphysical harm.

34.Petitioner has suffered emotional distress as a result ofRespondent’s

actions.

35.Petitioner seeks punitive damages, as the actions of Respondent were

intentional, wanton, and unconscionable.

36.Petitioner has incurred and will continue to incur attorney fees as a result

ofRespondent’s unlawful conduct.

WHEREFORE, Petitioner prays that the Court find that unlawful Assault

occurred and award fair and just damages and other and additional relief as the

Court may deem proper, including attorney fees and costs.

COUNT H - FALSE IMPRISONMENT


Count.


agent Karen Tokarz, purposely restrained Dr. Tracey McCarthy without

6

Dr. McCarthy’s consent, interfering substantially with Dr. McCarthy’s

liberty.


agent Karen Tokarz, knowingly restrained Dr. Tracey McCarthy without

Dr. McCarthy’s consent, interfering substantially with Dr. McCarthy’s

liberty.

40.On June 1, 2012, Webster University agent Karen Tokarz purposely and

knowingly physically restrained Dr. Tracey McCarthy from leaving a

meeting room possessed by Respondent’s counsel at 211 N. Broadway

in St. Louis, Missouri.

41.On June 1, 2012, Webster University agent Karen Tokarz purposely and

knowingly screamed threats at Dr. Tracey McCarthy, while in close

physical proximity to Dr. McCarthy.

42.On June 1, 2012, Webster University agent Karen Tokarz repeatedly

screamed threats at Dr. McCarthy.


agent Karen Tokarz, restrained Dr. McCarthy from leaving a meeting

room at 211 N. Broadway and threatened that although Dr. McCarthy

was ill, Dr. McCarthy would not be allowed to leave the room or the

building unless Dr. McCarthy was “throwing up all over the floor.”

7

44.Karen Tokarz purposely and knowingly threatened that ifDr. McCarthy

attempted to leave the meeting or the building, Karen Tokarz would use

her authority to have Dr. McCarthy sanctioned by a federal court judge.


actions.





WHEREFORE, Petitioner prays that the Court find that unlawful False

Imprisonment occurred and award fair and just damages and other and

additional reliefas the Court may deem proper, including attorney fees and

costs.

COUNT ifi - RETALIATION in Violation ofRSMo Chapter 213


Count.

49.Between 2009 and 2011, Dr. Tracey McCarthy ified charges ofunlawful

discrimination and retaliation with the Missouri Human Rights

Commission (M[IRC) and the Equal Employment Opportunity

Commission (EEOC) against her employer, Webster University, after

8

making internal complaints regarding unlawful discrimination between

2005 and 2009.

50.In August 2011, Petitioner ified a lawsuit against her employer, Webster

University, for unlawful discrimination and retaliation in the Circuit

Court of St. Louis County Missouri.

51 .In September 2011, Respondent removed the action to the United States

District Court ofthe Eastern District ofMissouri.

52.On June 1, 2012, Dr. Tracey McCarthy participated in a daylong meeting

with her employer Webster University.

53.Dr. Tracey McCarthy was initially deceived by her employer and Karen

Tokarz into believing the meeting would be an alternative dispute

resolution meeting, labeled a “mediation” meeting.


McCarthy failed to meet the definition of a mediation.

55.During the daylong meeting of June 1, 2012, Dr. Tracey McCarthy was

subjected to repeated threats by Webster University, demanding that she

involuntarily resign from her tenured faculty position with Webster

University.

56.During the daylong meeting ofJune 1, 2012, Dr. McCarthy was

subjected to threats by Webster University ofemployment termination

for filing a lawsuit regarding illegal discrimination and retaliation.

9


subjected to repeated coercion, extortion, assault, false imprisonment,

and emotional distress by Webster University.


subjected to repeated threats by Webster University ofpunishment from

the Court for attempting to leave the meeting.

59.During the daylong meeting of June 1, 2012, Dr. McCarthy was

subjected to repeated coercion and extortion by Webster University to

force Dr. McCarthy to dismiss Dr. McCarthy’s lawsuit against Webster

University.

60.Webster University denies the charges of retaliation.

61.Webster University alternately asserts the retaliation, which included

assault, false imprisonment, conspiracy, and the infliction of emotional

distress was protected by rules of confidentiality.

62.Webster University’s unlawful June 1, 2012 retaliatory actions were

calculated to preclude Petitioner from complaining ofunlawful

discrimination or retaliation in the future.

63 .Respondent’ s June 1, 2012 retaliation was calculated to prevent other

employees ofWebster University from complaining ofunlawful

discrimination and retaliation in the future.

10


actions.





WHEREFORE, Petitioner prays that the Court find that unlawful

Retaliation occurred and award damages for pain and suffering, and mental

anguish all in excess of $2,000.000.OO. Petitioner also prays for injunctive

reliefregarding any employment related threats ofunlawful termination made

by Respondent. Further, Petitioner asks for such other and additional relief as

the Court may deem proper and just, including attorney fees and costs.

COUNT IV - CONSPIRACY in Violation ofRSMo Chapter 213


Count.

68.Respondent, Webster University, in knowing and intentional cooperation

and agreement with Karen Tokarz promoted and facilitated unlawful

retaliation against Dr. Tracey McCarthy in the June 1, 2012 meeting.


actions.

11



71 .Petitioner has incurred and will continue to incur attorney fees as a result


WHEREFORE, Petitioner prays that the Court find that unlawful

Conspiracy occurred and award fair and just damages and other and additional

relief as the Court may deem proper, including attorney fees and costs.

COUNT V - INTENTIONAL INFLICTION OF EMOTIONAL

DISTRESS


Count.

73.Webster University’s June 1, 2012 actions against Dr. Tracey McCarthy

of assault, false imprisonment, coercion, extortion, and retaliatory threats

of employment termination for complaining of illegal discrimination and

retaliation were malicious, wanton, intentional, premeditated, and

reckless.


were extreme and outrageous.

75.Webster University’s June 1, 2012 actions caused Dr. McCarthy severe

emotional distress.

• 12

76.The emotional distress caused by Respondent resulted in physical harm,

was medically diagnosable, medically significant, and required medical

intervention.


actions.





WHEREFORE, Petitioner prays that the Court find that Intentional

Infliction ofEmotional Distress occurred and award fair and just damages and

other and additional relief as the Court may deem proper, including attorney

fees and costs.

COUNT V -NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

80.Petitioner incorporates, by reference, allegations ltbrough 31 into this

Count.

81.Webster University, as employer, owed a duty of care to Dr. Tracey

McCarthy during the June 1, 2012meeting.

82.Webster University violated its duty of care to Dr. Tracey McCarthy

during the June 1, 2012 meeting.

13


ofAssault, False Imprisonment, Coercion, Extortion, and retaliatory

threats of employment termination for complaining of illegal

discrimination and retaliation were reckless and negligent.

84.Webster University’s June 1,2012 violation of the duty of care to Dr.

Tracey McCarthy was extreme and outrageous.

85.Webster University’s June 1, 2012 negligent actions caused Dr.

McCarthy severe emotional distress.

86.The emotional distress caused by Respondent resulted in physical harm,

was medically diagnosable, medically significant, and required medical

intervention.


actions.



WHEREFORE, Petitioner prays that the Court find that Negligent Infliction

ofEmotional Distress occurred and award fair and just damages and other and

additional relief as the Court may deem proper, including attorney fees and

costs.

14

-.---

(ZPhilip H. Dennis, MO #515575340 Delmar Suite #101St. Louis, Missouri 63112Phone: 314-371-7300Attorney for Petitioner

CERTIFICATE OF SERVICE

1, hereby, certify that a copy ofthe foregoing was served on Respondent

Webster University, by and through Dr. Elizabeth Stroble, this th

day ofJanuary 2013.

Phu1i1[Dennis, MO # 51557

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mccarthy sues webster for second time

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