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1 Cheryl Ruggiero (SBN 146885)
Jerome J. Konell (SBN 150394)
2 KONELL RUGGIERO LLP
401 Wilshire Blvd., 12th Floor
3 Santa Monica, CA 90401
Phone 213-538-1360; Fax 213-599-3222
4 E-Mail: cheryl@konellruggiero.com E-FILED
2/9/2021 9:07 AM
5 Attorneys for Plaintiff DEBORAH S. IRELAND Superior Court of California
County of Fresno
6 By: J. Nelson, Deputy
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF FRESNO
10
11 DEBORAH S. IRELAND, CASE NO. 21CECG00381
Unlimited Civil Action
12 Plaintiff,
COMPLAINT FOR DAMAGES
13 vs.
1. False Imprisonment
14 CALIFORNIA DEPARTMENT OF STATE 2. Assault
HOSPITALS, a public entity; NICK DOLAN; 3. Retaliation (Labor Code§ 1102.5)
15 JOEL CASTANEDA; GODFREY OKORO; 4. Retaliation (Labor Code§ 6310)
and DOES 1-25, inclusive, 5. Sex Discrimination (FEHA)
16 6. Hostile Work Environment Harassment
Defendants. (FEHA)
17 7. Retaliation (FEHA)
8. Failure to Prevent and Correct
18 Discrimination, Harassment and
Retaliation (FEHA)
19
Punitive Damages: Dolan, Castaneda, Okoro
20
DEMAND FOR JURY TRIAL
21
22 Plaintiff DEBORAH IRELAND, on knowledge as to herself and her own acts, and on
23 information and belief as to all other matters, alleges and complains as follows:
24 I. NATURE OF THE ACTION
25 1. Plaintiff Deborah Ireland brings this civil action for money damages against her employer
26 California Department of State Hospitals generally for discrimination and retaliation, against her
27 supervisors and managers for hostile work environment harassment, and against a co-worker for
28 false imprisonment, assault, and hostile work environment harassment.
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COMPLAINT FOR DAMAGES
1 II. VENUE AND JURISDICTION
2 2. The acts and omissions to act that form the basis of this lawsuit occurred in the City of
3 Coalinga, County of Fresno, State of California. Plaintiff is seeking special damages, general
4 damages, and punitive damages, all exceeding $25,000.
5 3. Plaintiff submitted a Government Claim to the State of California on September 22, 2020;
6 the California Department of General Services rejected the Claim on November 9, 2020 because
7 the "claim involves complex issues that are beyond the scope of analysis and legal interpretation
8 typically undertaken by the GCP."
9 4. Plaintiff filed a Complaint of Discrimination with the Department of Fair Employment
10 and Housing ("DFEH") and received Notices of Case Closure and Rights-to-Sue letters as to the
11 Department of State Hospitals and Godfrey Okoro on September 22, 2020. Plaintiff filed another
12 Complaint of Discrimination with the DFEH and received Notices of Case Closure and Rights-to-
13 Sue letters as to the Department of State Hospitals and Plaintiffs supervisors, Nick Dolan and Joel
14 Castaneda, on February 4, 2021.
1S III. PARTIES
16 5. Plaintiff DEBORAH IRELAND ("Plaintiff' and/or "Ireland") is, and at all times herein
17 mentioned was, an adult individual residing in Kings County, California, and employed by
18 Defendant CALIFORNIA DEPARTMENT OF STATE HOSPITALS at the Coalinga State
19 Hospital.
20 6. Plaintiff is informed and believes and thereon alleges that Defendant CALIFORNIA
21 DEPARTMENT OF STATE HOSPITALS ("Defendant(s)" and/or "DSH") is a public entity duly
22 organized and existing under the laws of the State of California. Coalinga State Hospital ("CSH"),
23 a State Hospital within the DSH, is located in Coalinga, Fresno County, California.
24 7. Plaintiff is informed and believes and thereon alleges that Defendant NICK DOLAN
25 ("Defendant(s)" and/or "Dolan") is, and at all relevant times herein mentioned has been, an
26 individual employed as a supervisor and/or manager by Defendant DSH at CSH in Coalinga,
27 Fresno County, California. Currently, Dolan is Assistant Hospital Administrator.
28 III
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COMPLAINT FOR DAMAGES
1 8. Plaintiff is informed and believes and thereon alleges that Defendant JOEL
2 CASTANEDA ("Defendant(s)" and/or "Castaneda") is, and at all relevant times herein mentioned
3 has been, an individual employed as a supervisor and/or manager by Defendant DSH at CSH in
4 Coalinga, Fresno County, California. Currently, Castaneda is Hospital Administrator.
5 9. Plaintiff is informed and believes and thereon alleges that Defendant GODFREY OKORO
6 ("Defendant(s)" and/or "Okoro") is, and at all relevant times herein mentioned has been, an
7 individual employed as a Hospital General Services Administrator II by Defendant DSH at CSH in
8 Coalinga, Fresno County, California.
9 10. Plaintiff is ignorant of the true names and capacities of Defendants sued herein under the
10 fictitious names DOES 1-25, inclusive, and therefore sue these Defendants by such fictitious
11 names. Plaintiff will seek leave of court to amend this complaint to allege their true names and
12 capacities when ascertained. Plaintiff is informed and believes and thereon alleges that each of the
13 fictitiously named Defendants is responsible as hereinafter shown for the occurrences and injuries
14 to Plaintiff as herein alleged.
15 11. Plaintiff is informed and believes and thereon alleges that, at all times herein mentioned,
16 Defendants, and each of them, were the agents of each and all of the other Defendants, and in
17 doing the things herein alleged, were acting in the course and scope of such agency and with the
18 permission and consent of their Co-Defendants.
19 12. Plaintiff is informed and believes and thereon alleges that Defendants DSH and DOES 1-
20 25, inclusive, and each of them, employed Plaintiff individually and as joint employers and/or as an
21 integrated enterprise. Each Defendant exercised substantial control over Plaintiffs compensation,
22 hours, and terms of employment, and knew or should have known of the wrongful and unlawful
23 conduct alleged herein and failed to take those corrective measures within its control. Defendants
24 DSH and DOES 1-25, inclusive, and each of them, further operated as an integrated enterprise with
25 interrelation of operations, centralized control of labor relations, common management, and/or
26 common ownership or financial control.
27 13. Reference in this Complaint to "Defendant" or "Defendants" means each and every
28 Defendant, whether named or DOE-designated.
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COMPLAINT FOR DAMAGES
1 IV. GENERAL ALLEGATIONS
2 14. Plaintiff Ireland was hired to work at the DSH on July 28, 2005 as a Hospital Police
3 Sergeant and then Personnel Manager, SSMI; Ireland remained in that position until about
4 February 28, 2007. On or about March 1, 2007, Ireland laterally transferred to the position of
5 Public Information Officer External Affairs, SSMI at CSH.
6 15. On January 9, 2015, the State Personnel Board approved a Stipulation for Settlement
7 (Case No. 14-1392) which mandated, without exclusivity, that Ireland retain her position as HAR
8 II with the specific responsibilities and supervisory duties attendant thereto. That Decision stated,
9 in pertinent part: "Department of State Hospitals (RESPONDENT) offers APPELLANT [Ireland] a
10 lateral transfer to the position of Hospital Administrative Resident (HAR) II. APPELLANT
11 accepts this offer. The parties agree that this lateral transfer is not a demotion. The office location
12 for this position will be within the Health Information Management Department (HIMD), office
13 number AB-153. The parties agree that APPELLANT will remain in this office so long as
14 APPELLANT retains the HAR II position. The parties agree that APPELLANT will remain in this
15 location unless there is an extreme need identified by RESPONDENT, or by mutual agreement by
16 the parties. The parties agree that APPELLANT's office will not be located behind the security
17 fence at the Hospital while serving in the HAR II position. The parties agree that APPELLANT
18 will assume this position on January 20, 2015."
19 16. As a result, on or about January 20, 2015, Ireland was laterally promoted to the position of
20 Hospital Administrative Resident II ("HAR II"), reporting to the Assistant Hospital Administrator
21 to oversee the General Services Department.
22 17. On April 29, 2019, Ireland emailed Defendant Joel Castaneda, Staff Services Manager Ill,
23 informing Castaneda about Godfrey Okoro, a job candidate for Hospital General Services
24 Administrator II in the General Services Department who would be working directly under
25 Ireland's supervision if hired. In that email, Ireland stated that she had been involved in screening
26 Okoro when he had applied for a management position previously, in or around 2015, while he
27 held a job at the Veterans Hospital as a Custodian Supervisor III. Ireland explained that Okoro was
28 not hired at that time based on poor reference checks, issues with performance, improper behavior
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COMPLAINT FOR DAMAGES
1 with staff, and something related to sexual harassment. Ireland suggested that Castaneda review
2 Okoro's interview packet. Ireland requested an appointment with the Hospital Administrator and to
3 proceed with interviews, as allowed in the State Personnel Manual and within guidelines, but was
4 denied that process. Ireland also made her concerns clear that Okoro would not fit in well with her
5 team, which had been working diligently to ensure best practices. Castaneda responded that he
6 would get back to Ireland, with Ireland replying that she just wanted "the best for our hospital and
7 department."
8 18. Despite Ireland's apprehension and wise words of warning, on or about June 3, 2019,
9 Okoro obtained the position in the General Services Department under Ireland's direct supervision.
10 This, despite the fact that Okoro was not truthful on his job application, having stated that he
11 previously had worked as a classified employee at another agency, which was shown to be untrue
12 based on State Controller records. During the first year of Okoro's tenure in the General Services
13 Department at CSH, Okoro was often less than productive and sometimes insubordinate. Okoro
14 was demanding and, if he did not get exactly what he wanted - such as his own office and his own
15 golf cart-or ifhe was reprimanded for violating policies or failing to follow through on a job duty
16 or task, he claimed he was being discriminated against because he was African American. When
17 he was dissatisfied with a decision, he would report false versions of events. He also accused
18 Ireland and others of yelling at him, which was not the case.
19 19. As one example only, on or about January 10, 2020, Okoro was assigned office space in
20 the warehouse. There was a meeting held with Ireland, Okoro and the Warehouse Manager I when
21 this was explained. Okoro left the office but returned minutes later and became extremely
22 argumentative because he wanted to switch to the identical office the Warehouse Manager I
23 occupied, which was next door to the empty office he had been assigned. Okoro became loud,
24 angry, and kept arguing that he had to have that office. It was explained that offices are the
25 property of the State of California and do not belong to people, that he had been assigned an office,
26 and that it would be a waste of resources to move him.
27 20. On or about January 10, February 19, as well as other dates, Ireland reported Okoro's false
28 accusations and disturbing conduct to her supervisors, and also made a police report to the
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COMPLAINT FOR DAMAGES
1 Department of Police Services on February 19, 2020, describing his behavior as intimidating,
2 bullying, harassing, and as a violation of DSH's Workplace Security Policy, the purpose of which is
3 "[t]o ensure that Department of State Hospitals-Coalinga (DSH-C) provides employees and
4 members of the public with a place to conduct department business free from threats, intimidation,
5 harassment, abusive conduct, and acts of violence." That Workplace Security Policy is stated to be
6 authorized pursuant to: "California Department of State Hospitals, Special Order No. 422;
7 California Department of Mental Health, Policy Directive No. 314; California Labor Code,
8 §6401.7; California Government Code, Section 19572; California Penal Code,§ 71, 171 and 171b;
9 and California Code of Regulations, Title 8, §3203; Health and Safety Code, §1257.7."
10 21. On the morning of February 19, 2020, Okoro entered Ireland's very small office at CSH
11 and began yelling at her that she was out to get him and that God was going to get her, not right
12 then, but soon, violently flailing his arms toward her and toward the ceiling. She asked him if he
13 was threatening her and then told him she was pulling the alarm. However, when Ireland pulled
14 the alarm, not just once but twice, nothing happened. (Apparently, the alarm was being tested that
15 day.) Okoro was physically blocking the doorway and Ireland's ability to leave. He continued
16 flailing his arms and yelling that 85 percent of the warehouse personnel were with him and that
17 God was going to get her. Ireland raised her voice and announced, "are you threatening me,"
18 hoping someone in the office would hear her pleas; when Ireland said she was calling DPS
19 (Department of Police Services), Okoro finally exited her office.
20 22. After Okoro left, Ireland started shaking and crying. She then reached out to
21 management, and called DPS; she emailed her direct supervisor, Nick Dolan, Staff Services
22 Manager I (AHA-Assistant Hospital Administrator), with a copy to Castaneda, stating that she
23 had just been threatened by Okoro. Castaneda responded by thanking her for the information and
24 that Dolan would be speaking with her shortly. Police Services arrived a short time later for the
25 report. They would not press charges even though Ireland questioned this decision in light of the
26 false imprisonment. Dolan arrived about two hours later, asking Ireland if she needed to seek
27 medical assistance at the clinic. There was a staff member in a nearby cubical who had heard the
28 ///
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COMPLAINT FOR DAMAGES
1 cries for assistance and wrote a statement, yet this incident was not taken seriously by
2 management.
3 23. After the violent incident of February 19, 2020, Okoro was not placed on administrative
4 leave, nor was he temporarily removed from the General Services Department; instead, Okoro was
5 merely instructed to report directly to Dolan (Ireland's supervisor) instead of Ireland. As Ireland
6 was responsible for the supervision of the staff, including the assignment of tasks and ensuring that
7 those tasks were properly completed, Okoro's supervision by Dolan was cumbersome, humiliating
8 and a blatant illustration of disregard and sexism toward Ireland.
9 24. On February 21, 2020, in an email to her union representative, Ireland wrote that she was
1O asked to communicate with Okoro only by email and not in person, which caused her to understand
11 that Okoro had not been placed on administrative leave nor temporarily reassigned to another
12 department.
13 25. A few days later, on February 25, 2020, Dolan emailed Ireland (with a copy to
14 Castaneda): "Just wanted to check in with you again since your last interaction with Godfrey.
15 Have you guys had any face-to-face communications since the incident? I just want to make sure
16 that everyone was clear on the expectations until we get things sorted out." Later, in response,
17 Ireland wrote that Okoro had yelled "good morning" to her and smiled widely. Ireland told Dolan
18 that Okoro did not appear to be taking this seriously and that she was not being treated with dignity
19 or respect. Ireland stated that she was traumatized and that everyone deserves a safe and bully-free
20 workplace. Dolan replied that he was "sorry she feels that way and understands her concerns. The
21 facts will be reviewed and appropriate action will be taken if policy violations are sustained." He
22 concluded by saying that Okoro was being temporarily reassigned under his supervision. Soon
23 thereafter, Ireland sent an email to Dolan (with a copy to Castaneda), writing that Dolan's
24 supervising Okoro does not correct the problem and that he should be treated like others in similar
25 circumstances - administrative reassignment. Ireland wrote that she " [f]eels like a suspect" and
26 that "Okoro is a risk to safety and security."
27 III
28 III
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COMPLAINT FOR DAMAGES
1 26. On the morning of February 27, 2020, Ireland and Dolan met to discuss the situation
2 regarding Okoro. Ireland recalls a discussion as to the rationale for not re-assigning Okoro to
3 another area after the incident of February 19, 2020. Ireland told Dolan that it appeared Dolan did
4 not believe her, and reiterated some of the details that had occurred. Dolan's words and demeanor
5 made it clear to Ireland that she was being disbelieved over a problematic male subordinate.
6 27. Thereafter, Ireland emailed Dolan (with a copy to Castaneda), thanking him for meeting
7 with her, but also stating that Okoro should not be reporting above her level in the chain of
8 command, which allows decisions to be made without her input as Department Head. Ireland
9 requested that Okoro be assigned to another area until the matter was resolved. However, Dolan
10 emailed back, stating that the temporary measure he "put in place are in fact to protect both parties
11 until I decide how we will proceed with this situation moving forward." Dolan assured Ireland that
12 Okoro reporting to him will still mean that Ireland is involved "in any major departmental
13 decisions as you are the department head for General Services." But, "[a]t this time your request
14 for Godfrey to be moved out of the department is not necessary as he currently does not have direct
15 contact with you." Dolan then wrote: "It appears that this whole issue is surrounding 'control' of
16 the department .... Not acceptable. I redirected him to report to me as you were not satisfied with
17 the interventions previously instituted, which involved you overseeing the department with email
18 communication to Godfrey. We need to work together as a team ... you need to let me know if
19 your (sic) unable to do so .... " Dolan's sexist conclusion that the entire matter had to do with
20 "control" was offensive to Ireland.
21 28. It is Ireland's understanding that Okoro was "written up" and that, subsequently, he
22 assaulted two other General Services employees and nothing was done by management. When
23 Ireland learned of these assaults, she reported the behavior to Dolan, but Okoro remained in his
24 position. In fact, Okoro continued to exhibit inappropriate and erratic behavior at work, causing
25 concern, fear, frustration, and annoyance among several employees who had to work with him.
26 29. On or about March 5, 2020, Okoro was contacted by Department of Police Services,
27 Coalinga, regarding operating a vehicle on State grounds without license plates on his vehicle,
28 expired tags, and no registration. On or about May 5, 2020, Okoro was again contacted by
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COMPLAINT FOR DAMAGES
1 Department of Police Services, Coalinga, regarding the same complaint. Okoro's vehicle was
2 found to be from out of the country and not in his name, so police told him to refrain from driving
3 it on State grounds until the violations were corrected. Additionally, during this investigation of
4 Okoro, Okoro made a false statement to a State Police Department Lieutenant, claiming that the
5 vehicle in question was his sole form of transportation, which was not the case, as several
6 employees had observed Okoro driving another vehicle on numerous occasions; Okoro also had
7 discussed performing work using that same second vehicle. Ireland had prepared a Summary of
8 Discussion to be given to Okoro regarding the vehicle incidents as reported to her by DPS, but
9 Dolan never delivered it to Okoro while Okoro was under Dolan's supervision.
10 30. In an email thread between Dolan and Ireland from May 26, 2020 to May 27, 2020, Dolan
11 first wrote Ireland that he had "approved Godfrey to be off tomorrow and Thursday. Please do not
12 ask him about it or confront him about coming to me. This is informational only. If you are not
13 able to follow that direction, please let me know so that we can discuss further." Ireland requested
14 a meeting with Dolan and Castaneda to discuss Dolan's unprofessional approach and Okoro's
15 adverse impact on Ireland's mental health. After Ireland questioned Dolan's unprofessional
16 approach, Dolan replied in an email: "I was just letting you know in advance that I do not want you
17 to confront Godfrey about coming to me and requesting the time off. I sent this email to you so
18 that you would know that I approved for him to be off for the next 2 days per his request. If you
19 are not able to follow that direction, please let me know so that we can discuss further." In yet
20 another email to Ireland on May 27, 2020, Castaneda questioned Ireland's veracity about an
21 incident that occurred on May 22, 2020, when Okoro acted erratically in Ireland's office and then
22 told her he wanted to go home, which she approved. However, instead of going home, he drove
23 the golf cart and followed Ireland as Ireland walked to her husband's vehicle to eat lunch. As they
24 ate lunch, Ireland's husband wanted to know why Okoro was staring at them. Okoro later accused
25 Ireland of taking his photograph as she was walking toward her husband's car. Ireland was
26 questioned about this by Dolan and Castaneda and had to defend herself from Okoro's lies and
27 manipulation of the facts and circumstances.
28 III
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COMPLAINT FOR DAMAGES
1 31. In another email thread on those same dates among Ireland, Dolan and Castaneda, Ireland
2 sent her written account of her speaking with Okoro about not parking the golf cart on the grass
3 and making sure that the plug was not dragging under the cart while driving. (There is a photo
4 depicting the golf cart described by Ireland.)
5 32. On June 4, 2020, after Ireland heard that Okoro had been telling other employees under
6 Ireland's supervision that Ireland had been taking photographs of him while he was being pushed in
7 a wheelchair, Ireland sent the following message to Castaneda and Dolan, copying her Union
8 Representative and her attorney: "Good morning, this email is to memorialize that I had no contact
9 with Godfrey Okoro today by phone, email or in person. Again, what was reported to me is he was
10 in the warehouse and had defecated and left a trail of feces through the office to his office and was
11 making statements that Ireland did this to me. He went out code 3 ambulance. I am taking these
12 type of statements in the workplace as slanderous, and creating a unsafe, hostile and disruptive
13 work environment. Godfrey refuses to accept responsibility for his own behavior. Other
14 supervisors in the department do not feel safe working with him either. We will continue to
15 document the occurrences as they happen. I will be copying my union rep and attorney on these
16 communication forward. This man is out of control and I am afraid for my health, safety and
17 wellbeing, and for those in my department. Debbie"
18 33. In response to Ireland's email message of June 4, 2020, Castaneda wrote: "I'm concerned
19 that your sharing confidential information outside of our organization so I will consult with DSH
20 Legal and my supervisor." Soon thereafter, Ireland received the following email from Brandon
21 Price, the Executive Director of CSH: "Deborah, Your email is grossly inappropriate and a
22 violation of DSH policy. I am instructing you to immediately cease this conversation and await
23 further direction. Brandon Price" In response, Ireland wrote: "Good Afternoon. I will follow your
24 direction, I do not believe I have intentionally violated any policies by protecting myself and my
25 staff. Again, I will follow your direction. Thank you, Debbie"
26 34. The day after the allegedly "inappropriate" email, on or around June 5, 2020, Ireland was
27 placed on Administrative Reassignment, constructively demoted and positioned under the
28 supervision of the Medical Director in the Forensic Department.
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COMPLAINT FOR DAMAGES
1 35. As a HAR II, Ireland now works under the direction of the Senior Psychiatrist
2 (Supervisor), also known as the Associate Program Director. As a HAR II, Ireland is responsible
3 for, among other things, providing collaborative management to the Forensic Internship Program to
4 ensure continued program accreditation, coordinating residency activities and resources, preparing
5 and maintaining evaluations to measure resident education progression, overseeing residency
6 application and recruitment processes, and providing support services for incoming subpoenas and
7 other court-related procedures. Although part of the job description as a HAR II, Ireland has not
8 been serving as the first level supervisor to the Staff Services Analyst in the Medical Director's
9 Office, Staff Services Analyst, and Associate Governmental Program Analyst in the Medical Staff
10 Office.
11 36. On or about June 22, 2020, Ireland became aware that Okoro made a complaint of
12 discrimination with the Department of State Hospitals Office of Human Rights based on race,
13 color, national origin/ancestry and retaliation. In a letter to Ireland from the Office of Human
14 Rights, dated December 2, 2020, Deena Sadeli, EEO Investigator, wrote, in part: "Upon review of
15 the allegations, it has been determined that all available information and documents do not support
16 a violation of the Department's EEO policy; however, the information gathered in this
17 investigation shows concerns that may be supervisory in nature, and has been forwarded to
18 management for review and appropriate action."
19 37. On or about July 28, 2020, as Ireland was walking back to her car at the end of the
20 workday, Okoro drove an electric cart behind Ireland's parked car, looked at Ireland and then
21 continued to stare at Ireland even while he drove away, ensuring that Ireland knew he was keeping
22 an eye on her. Ireland reported this conduct to Dolan as intimidating and making her feel unsafe.
23 38. On or about September 3, 2020, Ireland learned that Okoro had been reassigned to Plant
24 Operations. As reported by General Services employees, this occurred because Okoro had
25 instructed two employees to retrieve hazardous material without proper training and in a closed
26 vehicle. Although both employees had initially refused Okoro's directive, they felt bullied into
27 doing the job. Later, they complained to the Office of Health and Safety because their previous
28 internal complaints about Okoro had been ignored.
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COMPLAINT FOR DAMAGES
1 39. In August 2020, Ireland wrote an email to Sean Hammer, Chief of HR at DSH, asking if
2 they could discuss the following: (1) OOC opportunities being given to candidates who are not the
3 best qualified; (2) pattern of OOC candidates being given the position permanently; (3) no
4 provision for multiple candidates to be given rotational OOC positions; (4) more qualified
5 candidates being bypassed without interviews; (5) older candidates being bypassed; (6) very
6 pointed emails being sent when people have opinions on this subject; (7) possible nepotism based
7 on close personal relationships; (8) managers not being involved in the hiring process, by not being
8 allowed to (a) ask for assistance from your office on matters, (b) ask for file reviews, (c)
9 ask for determinations prior to appointments, (d) ask for interpretation of items in the
IO PAM manual when they do research. Ireland told Hammer that she feared retaliation for inquiring
11 into these matters and hoped her reporting this would be considered a whistleblower complaint and
12 held in strict confidence.
13 40. In early September 2020, Dolan instructed Ireland to input into CHAOS that she currently
14 was not supervising anyone. Ireland reminded Dolan about the Personnel Board Decision of
15 January 2015 which made it improper for supervisory authority to be taken away from her, which
16 already had been done. When Ireland went into the CHAOS system, her information stated that no
17 one was reporting to her. Also, at the same time, when Ireland asked about the status of the
18 Administrative Investigation into Ireland's allegedly improper email message, Dolan responded
19 that there was no update.
20 41. On September 15, 2020, Ireland wrote to Sylvia Marquez, Staff Management Auditor,
21 briefing her on the issues surrounding Okoro and the inequitable hiring process at DSH. With
22 respect to the personnel issue with Okoro, Marquez suggested Ireland contact the DSH Office of
23 Human Rights. Ireland continued to report the apparent nepotism and favoritism, providing
24 numerous examples, as well as discrimination against women over 40, at the DSH.
25 42. On or about December 22, 2020, Ireland received a confidential memo from Chief of Law
26 Enforcement David Starnes concerning "an internal investigation into allegations of misconduct,"
27 requiring Ireland to submit to an interview. This occurred 20 days after the EEO had determined
28 that Okoro's complaints were not sustained. According to Starnes' notification, "A medical
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COMPLAINT FOR DAMAGES
1 emergency incident involving another Coalinga State Hospital (CSH) employee occurred on June
2 4th, 2020 at CSH. It has been alleged you emailed the employee's medical information to outside
3 parties from your DSH departmental email." Basically, as a result of Ireland's copying her Union
4 Representative and attorney on her email of June 4, 2020 concerning Okoro's false accusations and
5 creating an unsafe workplace for her and her staff, Ireland became the subject of an Administrative
6 Investigation, which was recently resolved. The written notification of that decision from
7 Executive Director Price, dated January 19, 2021, states, in pertinent part, the following:
8 The allegations were thoroughly investigated, and the following violations were sustained:
9 • Administrative Directive 146 - Administrative Rules
• Administrative Directive 1742- Hospital Computers
10 • Administrative Directive 746-Internet Access and Email Use
• Information Practices Act (Civil Code Section 1798)
11
• Confidentiality of Medical Information Act (Civil Code Section 56)
12 You will be notified by Management or the Discipline Office if any further action is
necessary.
13
14 V. CAUSES OF ACTION
15 FIRST CAUSE OF ACTION
16 FALSE IMPRISONMENT
17 Against Defendants DSH, Okoro, and Doe Defendants
18 43. Plaintiff repeats and re-alleges each and every paragraph above and incorporates such
19 paragraphs as though fully set forth herein.
20 44. Defendant Okoro and Defendant DSH both are liable for false imprisonment under
21 California Government Code §§ 820.4, 820.8. Here, DSH Employee Okoro intentionally confined
22 Ireland against her will, physically blocking her from leaving her office to avoid Okoro's violent
23 rantings and assault. This nonconsensual and intentional confinement of Ireland was without
24 privilege and lasted several minutes, during which time Ireland was conscious of her confinement
25 and grew extremely anxious and fearful. When Ireland pulled on the CSH alarm in her office
26 without any response, she became more distressed. After Okoro left her office, Ireland broke
27 down, shaking and in tears. Defendant DSH had knowledge of Okoro's erratic, dishonest and
28 bullying behavior prior to Okoro's false imprisonment of Ireland.
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COMPLAINT FOR DAMAGES
1 45. As a direct and proximate result of the acts of Defendants, and each of them, as alleged
2 above, Plaintiff has suffered and will continue to suffer economic damages, including lost wages
3 and benefits, and other compensatory damages in an amount to be ascertained at the time of trial.
4 46. As a further direct and proximate result of the acts of Defendants, and each of them, as
5 alleged above, Plaintiff has suffered mental, physical, and emotional distress including, but not
6 limited to, humiliation, anxiety, reputational harm, nervousness, depression, sleeplessness, and has
7 been generally damaged in an amount to be ascertained at the time of trial.
8 47. As a further direct and proximate result of the acts of Defendants, and each of them, as
9 alleged above, Plaintiff will continue to expend sums in the future for the treatment of the
10 emotional, physical, and mental injuries sustained by Plaintiff as a result of said Defendants' acts in
11 an amount to be ascertained at the time of trial.
12 48. Defendant Okoro engaged in the conduct stated herein with malice and oppression, acting
13 with intent to cause Plaintiffs injuries. Okoro's conduct was despicable and was done with a
14 willful and knowing disregard of the rights or safety of another. Okoro knew the probable
15 dangerous consequences of his conduct and deliberately failed to avoid those consequences.
16 Okoro's conduct subjected Plaintiff to cruel and unjust hardship and stress. The acts of Defendant
17 Okoro alleged herein were willful, wanton, malicious, and oppressive, and further violate Penal
18 Code § 236, justifying the award of exemplary and punitive damages in an amount to be
19 ascertained at the time of trial.
20 SECOND CAUSE OF ACTION
21 ASSAULT
22 Against Defendants DSH, Okoro, and Doe Defendants
23 49. Plaintiff repeats and re-alleges each and every paragraph above and incorporates such
24 paragraphs as though fully set forth herein.
25 50. Defendant Okoro and Defendant DSH both are liable for assault under the Government
26 Code; Defendant DSH is vicariously liable for Defendant Okoro's assault because Okoro was
27 acting within the scope of his employment at the time of the assault. Here, Defendant DSH
28 Employee Okoro, when confining Plaintiff Ireland without her consent, intended to cause Ireland
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COMPLAINT FOR DAMAGES
1 apprehension of immediate injury. Defendant Okoro's violent waving of his arms toward Ireland
2 and at the ceiling caused Ireland to believe Okoro was about to physically harm her. This
3 reasonable apprehension of immediate offensive and potentially injurious touching caused Ireland
4 to suffer extreme anxiety and fear. Defendant Okoro knew the consequence (putting plaintiff in
5 fear of immediate harmful or offensive contact) was substantially certain to result. When Okoro
6 left her office, Ireland broke down shaking and in tears. Certainly, Defendant DSH had knowledge
7 of Okoro's erratic, dishonest and bullying behavior prior to Okoro's assault on Ireland.
8 51. As a direct and proximate result of the acts of Defendants, and each of them, as alleged
9 above, Plaintiff has suffered and will continue to suffer economic damages, including lost wages
10 and benefits, and other compensatory damages in an amount to be ascertained at the time of trial.
11 52. As a further direct and proximate result of the acts of Defendants, and each of them, as
12 alleged above, Plaintiff has suffered mental, physical, and emotional distress including, but not
13 limited to, humiliation, anxiety, reputational harm, nervousness, depression, sleeplessness, and has
14 been generally damaged in an amount to be ascertained at the time of trial.
1
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1 Cheryl Ruggiero (SBN 146885) Jerome J. Konell (SBN 150394) 2 KONELL RUGGIERO LLP 401 Wilshire Blvd., 12th Floor 3 Santa Monica, CA 90401 Phone 213-538-1360; Fax 213-599-3222 4 E-Mail: cheryl@konellruggiero.com E-FILED 2/9/2021 9:07 AM 5 Attorneys for Plaintiff DEBORAH S. IRELAND Superior Court of California County of Fresno 6 By: J. Nelson, Deputy 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF FRESNO 10 11 DEBORAH S. IRELAND, CASE NO. 21CECG00381 Unlimited Civil Action 12 Plaintiff, COMPLAINT FOR DAMAGES 13 vs. 1. False Imprisonment 14 CALIFORNIA DEPARTMENT OF STATE 2. Assault HOSPITALS, a public entity; NICK DOLAN; 3. Retaliation (Labor Code§ 1102.5) 15 JOEL CASTANEDA; GODFREY OKORO; 4. Retaliation (Labor Code§ 6310) and DOES 1-25, inclusive, 5. Sex Discrimination (FEHA) 16 6. Hostile Work Environment Harassment Defendants. (FEHA) 17 7. Retaliation (FEHA) 8. Failure to Prevent and Correct 18 Discrimination, Harassment and Retaliation (FEHA) 19 Punitive Damages: Dolan, Castaneda, Okoro 20 DEMAND FOR JURY TRIAL 21 22 Plaintiff DEBORAH IRELAND, on knowledge as to herself and her own acts, and on 23 information and belief as to all other matters, alleges and complains as follows: 24 I. NATURE OF THE ACTION 25 1. Plaintiff Deborah Ireland brings this civil action for money damages against her employer 26 California Department of State Hospitals generally for discrimination and retaliation, against her 27 supervisors and managers for hostile work environment harassment, and against a co-worker for 28 false imprisonment, assault, and hostile work environment harassment. - 1- COMPLAINT FOR DAMAGES 1 II. VENUE AND JURISDICTION 2 2. The acts and omissions to act that form the basis of this lawsuit occurred in the City of 3 Coalinga, County of Fresno, State of California. Plaintiff is seeking special damages, general 4 damages, and punitive damages, all exceeding $25,000. 5 3. Plaintiff submitted a Government Claim to the State of California on September 22, 2020; 6 the California Department of General Services rejected the Claim on November 9, 2020 because 7 the "claim involves complex issues that are beyond the scope of analysis and legal interpretation 8 typically undertaken by the GCP." 9 4. Plaintiff filed a Complaint of Discrimination with the Department of Fair Employment 10 and Housing ("DFEH") and received Notices of Case Closure and Rights-to-Sue letters as to the 11 Department of State Hospitals and Godfrey Okoro on September 22, 2020. Plaintiff filed another 12 Complaint of Discrimination with the DFEH and received Notices of Case Closure and Rights-to- 13 Sue letters as to the Department of State Hospitals and Plaintiffs supervisors, Nick Dolan and Joel 14 Castaneda, on February 4, 2021. 1S III. PARTIES 16 5. Plaintiff DEBORAH IRELAND ("Plaintiff' and/or "Ireland") is, and at all times herein 17 mentioned was, an adult individual residing in Kings County, California, and employed by 18 Defendant CALIFORNIA DEPARTMENT OF STATE HOSPITALS at the Coalinga State 19 Hospital. 20 6. Plaintiff is informed and believes and thereon alleges that Defendant CALIFORNIA 21 DEPARTMENT OF STATE HOSPITALS ("Defendant(s)" and/or "DSH") is a public entity duly 22 organized and existing under the laws of the State of California. Coalinga State Hospital ("CSH"), 23 a State Hospital within the DSH, is located in Coalinga, Fresno County, California. 24 7. Plaintiff is informed and believes and thereon alleges that Defendant NICK DOLAN 25 ("Defendant(s)" and/or "Dolan") is, and at all relevant times herein mentioned has been, an 26 individual employed as a supervisor and/or manager by Defendant DSH at CSH in Coalinga, 27 Fresno County, California. Currently, Dolan is Assistant Hospital Administrator. 28 III -2- COMPLAINT FOR DAMAGES 1 8. Plaintiff is informed and believes and thereon alleges that Defendant JOEL 2 CASTANEDA ("Defendant(s)" and/or "Castaneda") is, and at all relevant times herein mentioned 3 has been, an individual employed as a supervisor and/or manager by Defendant DSH at CSH in 4 Coalinga, Fresno County, California. Currently, Castaneda is Hospital Administrator. 5 9. Plaintiff is informed and believes and thereon alleges that Defendant GODFREY OKORO 6 ("Defendant(s)" and/or "Okoro") is, and at all relevant times herein mentioned has been, an 7 individual employed as a Hospital General Services Administrator II by Defendant DSH at CSH in 8 Coalinga, Fresno County, California. 9 10. Plaintiff is ignorant of the true names and capacities of Defendants sued herein under the 10 fictitious names DOES 1-25, inclusive, and therefore sue these Defendants by such fictitious 11 names. Plaintiff will seek leave of court to amend this complaint to allege their true names and 12 capacities when ascertained. Plaintiff is informed and believes and thereon alleges that each of the 13 fictitiously named Defendants is responsible as hereinafter shown for the occurrences and injuries 14 to Plaintiff as herein alleged. 15 11. Plaintiff is informed and believes and thereon alleges that, at all times herein mentioned, 16 Defendants, and each of them, were the agents of each and all of the other Defendants, and in 17 doing the things herein alleged, were acting in the course and scope of such agency and with the 18 permission and consent of their Co-Defendants. 19 12. Plaintiff is informed and believes and thereon alleges that Defendants DSH and DOES 1- 20 25, inclusive, and each of them, employed Plaintiff individually and as joint employers and/or as an 21 integrated enterprise. Each Defendant exercised substantial control over Plaintiffs compensation, 22 hours, and terms of employment, and knew or should have known of the wrongful and unlawful 23 conduct alleged herein and failed to take those corrective measures within its control. Defendants 24 DSH and DOES 1-25, inclusive, and each of them, further operated as an integrated enterprise with 25 interrelation of operations, centralized control of labor relations, common management, and/or 26 common ownership or financial control. 27 13. Reference in this Complaint to "Defendant" or "Defendants" means each and every 28 Defendant, whether named or DOE-designated. -3- COMPLAINT FOR DAMAGES 1 IV. GENERAL ALLEGATIONS 2 14. Plaintiff Ireland was hired to work at the DSH on July 28, 2005 as a Hospital Police 3 Sergeant and then Personnel Manager, SSMI; Ireland remained in that position until about 4 February 28, 2007. On or about March 1, 2007, Ireland laterally transferred to the position of 5 Public Information Officer External Affairs, SSMI at CSH. 6 15. On January 9, 2015, the State Personnel Board approved a Stipulation for Settlement 7 (Case No. 14-1392) which mandated, without exclusivity, that Ireland retain her position as HAR 8 II with the specific responsibilities and supervisory duties attendant thereto. That Decision stated, 9 in pertinent part: "Department of State Hospitals (RESPONDENT) offers APPELLANT [Ireland] a 10 lateral transfer to the position of Hospital Administrative Resident (HAR) II. APPELLANT 11 accepts this offer. The parties agree that this lateral transfer is not a demotion. The office location 12 for this position will be within the Health Information Management Department (HIMD), office 13 number AB-153. The parties agree that APPELLANT will remain in this office so long as 14 APPELLANT retains the HAR II position. The parties agree that APPELLANT will remain in this 15 location unless there is an extreme need identified by RESPONDENT, or by mutual agreement by 16 the parties. The parties agree that APPELLANT's office will not be located behind the security 17 fence at the Hospital while serving in the HAR II position. The parties agree that APPELLANT 18 will assume this position on January 20, 2015." 19 16. As a result, on or about January 20, 2015, Ireland was laterally promoted to the position of 20 Hospital Administrative Resident II ("HAR II"), reporting to the Assistant Hospital Administrator 21 to oversee the General Services Department. 22 17. On April 29, 2019, Ireland emailed Defendant Joel Castaneda, Staff Services Manager Ill, 23 informing Castaneda about Godfrey Okoro, a job candidate for Hospital General Services 24 Administrator II in the General Services Department who would be working directly under 25 Ireland's supervision if hired. In that email, Ireland stated that she had been involved in screening 26 Okoro when he had applied for a management position previously, in or around 2015, while he 27 held a job at the Veterans Hospital as a Custodian Supervisor III. Ireland explained that Okoro was 28 not hired at that time based on poor reference checks, issues with performance, improper behavior -4- COMPLAINT FOR DAMAGES 1 with staff, and something related to sexual harassment. Ireland suggested that Castaneda review 2 Okoro's interview packet. Ireland requested an appointment with the Hospital Administrator and to 3 proceed with interviews, as allowed in the State Personnel Manual and within guidelines, but was 4 denied that process. Ireland also made her concerns clear that Okoro would not fit in well with her 5 team, which had been working diligently to ensure best practices. Castaneda responded that he 6 would get back to Ireland, with Ireland replying that she just wanted "the best for our hospital and 7 department." 8 18. Despite Ireland's apprehension and wise words of warning, on or about June 3, 2019, 9 Okoro obtained the position in the General Services Department under Ireland's direct supervision. 10 This, despite the fact that Okoro was not truthful on his job application, having stated that he 11 previously had worked as a classified employee at another agency, which was shown to be untrue 12 based on State Controller records. During the first year of Okoro's tenure in the General Services 13 Department at CSH, Okoro was often less than productive and sometimes insubordinate. Okoro 14 was demanding and, if he did not get exactly what he wanted - such as his own office and his own 15 golf cart-or ifhe was reprimanded for violating policies or failing to follow through on a job duty 16 or task, he claimed he was being discriminated against because he was African American. When 17 he was dissatisfied with a decision, he would report false versions of events. He also accused 18 Ireland and others of yelling at him, which was not the case. 19 19. As one example only, on or about January 10, 2020, Okoro was assigned office space in 20 the warehouse. There was a meeting held with Ireland, Okoro and the Warehouse Manager I when 21 this was explained. Okoro left the office but returned minutes later and became extremely 22 argumentative because he wanted to switch to the identical office the Warehouse Manager I 23 occupied, which was next door to the empty office he had been assigned. Okoro became loud, 24 angry, and kept arguing that he had to have that office. It was explained that offices are the 25 property of the State of California and do not belong to people, that he had been assigned an office, 26 and that it would be a waste of resources to move him. 27 20. On or about January 10, February 19, as well as other dates, Ireland reported Okoro's false 28 accusations and disturbing conduct to her supervisors, and also made a police report to the -5- COMPLAINT FOR DAMAGES 1 Department of Police Services on February 19, 2020, describing his behavior as intimidating, 2 bullying, harassing, and as a violation of DSH's Workplace Security Policy, the purpose of which is 3 "[t]o ensure that Department of State Hospitals-Coalinga (DSH-C) provides employees and 4 members of the public with a place to conduct department business free from threats, intimidation, 5 harassment, abusive conduct, and acts of violence." That Workplace Security Policy is stated to be 6 authorized pursuant to: "California Department of State Hospitals, Special Order No. 422; 7 California Department of Mental Health, Policy Directive No. 314; California Labor Code, 8 §6401.7; California Government Code, Section 19572; California Penal Code,§ 71, 171 and 171b; 9 and California Code of Regulations, Title 8, §3203; Health and Safety Code, §1257.7." 10 21. On the morning of February 19, 2020, Okoro entered Ireland's very small office at CSH 11 and began yelling at her that she was out to get him and that God was going to get her, not right 12 then, but soon, violently flailing his arms toward her and toward the ceiling. She asked him if he 13 was threatening her and then told him she was pulling the alarm. However, when Ireland pulled 14 the alarm, not just once but twice, nothing happened. (Apparently, the alarm was being tested that 15 day.) Okoro was physically blocking the doorway and Ireland's ability to leave. He continued 16 flailing his arms and yelling that 85 percent of the warehouse personnel were with him and that 17 God was going to get her. Ireland raised her voice and announced, "are you threatening me," 18 hoping someone in the office would hear her pleas; when Ireland said she was calling DPS 19 (Department of Police Services), Okoro finally exited her office. 20 22. After Okoro left, Ireland started shaking and crying. She then reached out to 21 management, and called DPS; she emailed her direct supervisor, Nick Dolan, Staff Services 22 Manager I (AHA-Assistant Hospital Administrator), with a copy to Castaneda, stating that she 23 had just been threatened by Okoro. Castaneda responded by thanking her for the information and 24 that Dolan would be speaking with her shortly. Police Services arrived a short time later for the 25 report. They would not press charges even though Ireland questioned this decision in light of the 26 false imprisonment. Dolan arrived about two hours later, asking Ireland if she needed to seek 27 medical assistance at the clinic. There was a staff member in a nearby cubical who had heard the 28 /// -6- COMPLAINT FOR DAMAGES 1 cries for assistance and wrote a statement, yet this incident was not taken seriously by 2 management. 3 23. After the violent incident of February 19, 2020, Okoro was not placed on administrative 4 leave, nor was he temporarily removed from the General Services Department; instead, Okoro was 5 merely instructed to report directly to Dolan (Ireland's supervisor) instead of Ireland. As Ireland 6 was responsible for the supervision of the staff, including the assignment of tasks and ensuring that 7 those tasks were properly completed, Okoro's supervision by Dolan was cumbersome, humiliating 8 and a blatant illustration of disregard and sexism toward Ireland. 9 24. On February 21, 2020, in an email to her union representative, Ireland wrote that she was 1O asked to communicate with Okoro only by email and not in person, which caused her to understand 11 that Okoro had not been placed on administrative leave nor temporarily reassigned to another 12 department. 13 25. A few days later, on February 25, 2020, Dolan emailed Ireland (with a copy to 14 Castaneda): "Just wanted to check in with you again since your last interaction with Godfrey. 15 Have you guys had any face-to-face communications since the incident? I just want to make sure 16 that everyone was clear on the expectations until we get things sorted out." Later, in response, 17 Ireland wrote that Okoro had yelled "good morning" to her and smiled widely. Ireland told Dolan 18 that Okoro did not appear to be taking this seriously and that she was not being treated with dignity 19 or respect. Ireland stated that she was traumatized and that everyone deserves a safe and bully-free 20 workplace. Dolan replied that he was "sorry she feels that way and understands her concerns. The 21 facts will be reviewed and appropriate action will be taken if policy violations are sustained." He 22 concluded by saying that Okoro was being temporarily reassigned under his supervision. Soon 23 thereafter, Ireland sent an email to Dolan (with a copy to Castaneda), writing that Dolan's 24 supervising Okoro does not correct the problem and that he should be treated like others in similar 25 circumstances - administrative reassignment. Ireland wrote that she " [f]eels like a suspect" and 26 that "Okoro is a risk to safety and security." 27 III 28 III -7- COMPLAINT FOR DAMAGES 1 26. On the morning of February 27, 2020, Ireland and Dolan met to discuss the situation 2 regarding Okoro. Ireland recalls a discussion as to the rationale for not re-assigning Okoro to 3 another area after the incident of February 19, 2020. Ireland told Dolan that it appeared Dolan did 4 not believe her, and reiterated some of the details that had occurred. Dolan's words and demeanor 5 made it clear to Ireland that she was being disbelieved over a problematic male subordinate. 6 27. Thereafter, Ireland emailed Dolan (with a copy to Castaneda), thanking him for meeting 7 with her, but also stating that Okoro should not be reporting above her level in the chain of 8 command, which allows decisions to be made without her input as Department Head. Ireland 9 requested that Okoro be assigned to another area until the matter was resolved. However, Dolan 10 emailed back, stating that the temporary measure he "put in place are in fact to protect both parties 11 until I decide how we will proceed with this situation moving forward." Dolan assured Ireland that 12 Okoro reporting to him will still mean that Ireland is involved "in any major departmental 13 decisions as you are the department head for General Services." But, "[a]t this time your request 14 for Godfrey to be moved out of the department is not necessary as he currently does not have direct 15 contact with you." Dolan then wrote: "It appears that this whole issue is surrounding 'control' of 16 the department .... Not acceptable. I redirected him to report to me as you were not satisfied with 17 the interventions previously instituted, which involved you overseeing the department with email 18 communication to Godfrey. We need to work together as a team ... you need to let me know if 19 your (sic) unable to do so .... " Dolan's sexist conclusion that the entire matter had to do with 20 "control" was offensive to Ireland. 21 28. It is Ireland's understanding that Okoro was "written up" and that, subsequently, he 22 assaulted two other General Services employees and nothing was done by management. When 23 Ireland learned of these assaults, she reported the behavior to Dolan, but Okoro remained in his 24 position. In fact, Okoro continued to exhibit inappropriate and erratic behavior at work, causing 25 concern, fear, frustration, and annoyance among several employees who had to work with him. 26 29. On or about March 5, 2020, Okoro was contacted by Department of Police Services, 27 Coalinga, regarding operating a vehicle on State grounds without license plates on his vehicle, 28 expired tags, and no registration. On or about May 5, 2020, Okoro was again contacted by -8- COMPLAINT FOR DAMAGES 1 Department of Police Services, Coalinga, regarding the same complaint. Okoro's vehicle was 2 found to be from out of the country and not in his name, so police told him to refrain from driving 3 it on State grounds until the violations were corrected. Additionally, during this investigation of 4 Okoro, Okoro made a false statement to a State Police Department Lieutenant, claiming that the 5 vehicle in question was his sole form of transportation, which was not the case, as several 6 employees had observed Okoro driving another vehicle on numerous occasions; Okoro also had 7 discussed performing work using that same second vehicle. Ireland had prepared a Summary of 8 Discussion to be given to Okoro regarding the vehicle incidents as reported to her by DPS, but 9 Dolan never delivered it to Okoro while Okoro was under Dolan's supervision. 10 30. In an email thread between Dolan and Ireland from May 26, 2020 to May 27, 2020, Dolan 11 first wrote Ireland that he had "approved Godfrey to be off tomorrow and Thursday. Please do not 12 ask him about it or confront him about coming to me. This is informational only. If you are not 13 able to follow that direction, please let me know so that we can discuss further." Ireland requested 14 a meeting with Dolan and Castaneda to discuss Dolan's unprofessional approach and Okoro's 15 adverse impact on Ireland's mental health. After Ireland questioned Dolan's unprofessional 16 approach, Dolan replied in an email: "I was just letting you know in advance that I do not want you 17 to confront Godfrey about coming to me and requesting the time off. I sent this email to you so 18 that you would know that I approved for him to be off for the next 2 days per his request. If you 19 are not able to follow that direction, please let me know so that we can discuss further." In yet 20 another email to Ireland on May 27, 2020, Castaneda questioned Ireland's veracity about an 21 incident that occurred on May 22, 2020, when Okoro acted erratically in Ireland's office and then 22 told her he wanted to go home, which she approved. However, instead of going home, he drove 23 the golf cart and followed Ireland as Ireland walked to her husband's vehicle to eat lunch. As they 24 ate lunch, Ireland's husband wanted to know why Okoro was staring at them. Okoro later accused 25 Ireland of taking his photograph as she was walking toward her husband's car. Ireland was 26 questioned about this by Dolan and Castaneda and had to defend herself from Okoro's lies and 27 manipulation of the facts and circumstances. 28 III -9- COMPLAINT FOR DAMAGES 1 31. In another email thread on those same dates among Ireland, Dolan and Castaneda, Ireland 2 sent her written account of her speaking with Okoro about not parking the golf cart on the grass 3 and making sure that the plug was not dragging under the cart while driving. (There is a photo 4 depicting the golf cart described by Ireland.) 5 32. On June 4, 2020, after Ireland heard that Okoro had been telling other employees under 6 Ireland's supervision that Ireland had been taking photographs of him while he was being pushed in 7 a wheelchair, Ireland sent the following message to Castaneda and Dolan, copying her Union 8 Representative and her attorney: "Good morning, this email is to memorialize that I had no contact 9 with Godfrey Okoro today by phone, email or in person. Again, what was reported to me is he was 10 in the warehouse and had defecated and left a trail of feces through the office to his office and was 11 making statements that Ireland did this to me. He went out code 3 ambulance. I am taking these 12 type of statements in the workplace as slanderous, and creating a unsafe, hostile and disruptive 13 work environment. Godfrey refuses to accept responsibility for his own behavior. Other 14 supervisors in the department do not feel safe working with him either. We will continue to 15 document the occurrences as they happen. I will be copying my union rep and attorney on these 16 communication forward. This man is out of control and I am afraid for my health, safety and 17 wellbeing, and for those in my department. Debbie" 18 33. In response to Ireland's email message of June 4, 2020, Castaneda wrote: "I'm concerned 19 that your sharing confidential information outside of our organization so I will consult with DSH 20 Legal and my supervisor." Soon thereafter, Ireland received the following email from Brandon 21 Price, the Executive Director of CSH: "Deborah, Your email is grossly inappropriate and a 22 violation of DSH policy. I am instructing you to immediately cease this conversation and await 23 further direction. Brandon Price" In response, Ireland wrote: "Good Afternoon. I will follow your 24 direction, I do not believe I have intentionally violated any policies by protecting myself and my 25 staff. Again, I will follow your direction. Thank you, Debbie" 26 34. The day after the allegedly "inappropriate" email, on or around June 5, 2020, Ireland was 27 placed on Administrative Reassignment, constructively demoted and positioned under the 28 supervision of the Medical Director in the Forensic Department. - 10- COMPLAINT FOR DAMAGES 1 35. As a HAR II, Ireland now works under the direction of the Senior Psychiatrist 2 (Supervisor), also known as the Associate Program Director. As a HAR II, Ireland is responsible 3 for, among other things, providing collaborative management to the Forensic Internship Program to 4 ensure continued program accreditation, coordinating residency activities and resources, preparing 5 and maintaining evaluations to measure resident education progression, overseeing residency 6 application and recruitment processes, and providing support services for incoming subpoenas and 7 other court-related procedures. Although part of the job description as a HAR II, Ireland has not 8 been serving as the first level supervisor to the Staff Services Analyst in the Medical Director's 9 Office, Staff Services Analyst, and Associate Governmental Program Analyst in the Medical Staff 10 Office. 11 36. On or about June 22, 2020, Ireland became aware that Okoro made a complaint of 12 discrimination with the Department of State Hospitals Office of Human Rights based on race, 13 color, national origin/ancestry and retaliation. In a letter to Ireland from the Office of Human 14 Rights, dated December 2, 2020, Deena Sadeli, EEO Investigator, wrote, in part: "Upon review of 15 the allegations, it has been determined that all available information and documents do not support 16 a violation of the Department's EEO policy; however, the information gathered in this 17 investigation shows concerns that may be supervisory in nature, and has been forwarded to 18 management for review and appropriate action." 19 37. On or about July 28, 2020, as Ireland was walking back to her car at the end of the 20 workday, Okoro drove an electric cart behind Ireland's parked car, looked at Ireland and then 21 continued to stare at Ireland even while he drove away, ensuring that Ireland knew he was keeping 22 an eye on her. Ireland reported this conduct to Dolan as intimidating and making her feel unsafe. 23 38. On or about September 3, 2020, Ireland learned that Okoro had been reassigned to Plant 24 Operations. As reported by General Services employees, this occurred because Okoro had 25 instructed two employees to retrieve hazardous material without proper training and in a closed 26 vehicle. Although both employees had initially refused Okoro's directive, they felt bullied into 27 doing the job. Later, they complained to the Office of Health and Safety because their previous 28 internal complaints about Okoro had been ignored. - 11 - COMPLAINT FOR DAMAGES 1 39. In August 2020, Ireland wrote an email to Sean Hammer, Chief of HR at DSH, asking if 2 they could discuss the following: (1) OOC opportunities being given to candidates who are not the 3 best qualified; (2) pattern of OOC candidates being given the position permanently; (3) no 4 provision for multiple candidates to be given rotational OOC positions; (4) more qualified 5 candidates being bypassed without interviews; (5) older candidates being bypassed; (6) very 6 pointed emails being sent when people have opinions on this subject; (7) possible nepotism based 7 on close personal relationships; (8) managers not being involved in the hiring process, by not being 8 allowed to (a) ask for assistance from your office on matters, (b) ask for file reviews, (c) 9 ask for determinations prior to appointments, (d) ask for interpretation of items in the IO PAM manual when they do research. Ireland told Hammer that she feared retaliation for inquiring 11 into these matters and hoped her reporting this would be considered a whistleblower complaint and 12 held in strict confidence. 13 40. In early September 2020, Dolan instructed Ireland to input into CHAOS that she currently 14 was not supervising anyone. Ireland reminded Dolan about the Personnel Board Decision of 15 January 2015 which made it improper for supervisory authority to be taken away from her, which 16 already had been done. When Ireland went into the CHAOS system, her information stated that no 17 one was reporting to her. Also, at the same time, when Ireland asked about the status of the 18 Administrative Investigation into Ireland's allegedly improper email message, Dolan responded 19 that there was no update. 20 41. On September 15, 2020, Ireland wrote to Sylvia Marquez, Staff Management Auditor, 21 briefing her on the issues surrounding Okoro and the inequitable hiring process at DSH. With 22 respect to the personnel issue with Okoro, Marquez suggested Ireland contact the DSH Office of 23 Human Rights. Ireland continued to report the apparent nepotism and favoritism, providing 24 numerous examples, as well as discrimination against women over 40, at the DSH. 25 42. On or about December 22, 2020, Ireland received a confidential memo from Chief of Law 26 Enforcement David Starnes concerning "an internal investigation into allegations of misconduct," 27 requiring Ireland to submit to an interview. This occurred 20 days after the EEO had determined 28 that Okoro's complaints were not sustained. According to Starnes' notification, "A medical - 12 - COMPLAINT FOR DAMAGES 1 emergency incident involving another Coalinga State Hospital (CSH) employee occurred on June 2 4th, 2020 at CSH. It has been alleged you emailed the employee's medical information to outside 3 parties from your DSH departmental email." Basically, as a result of Ireland's copying her Union 4 Representative and attorney on her email of June 4, 2020 concerning Okoro's false accusations and 5 creating an unsafe workplace for her and her staff, Ireland became the subject of an Administrative 6 Investigation, which was recently resolved. The written notification of that decision from 7 Executive Director Price, dated January 19, 2021, states, in pertinent part, the following: 8 The allegations were thoroughly investigated, and the following violations were sustained: 9 • Administrative Directive 146 - Administrative Rules • Administrative Directive 1742- Hospital Computers 10 • Administrative Directive 746-Internet Access and Email Use • Information Practices Act (Civil Code Section 1798) 11 • Confidentiality of Medical Information Act (Civil Code Section 56) 12 You will be notified by Management or the Discipline Office if any further action is necessary. 13 14 V. CAUSES OF ACTION 15 FIRST CAUSE OF ACTION 16 FALSE IMPRISONMENT 17 Against Defendants DSH, Okoro, and Doe Defendants 18 43. Plaintiff repeats and re-alleges each and every paragraph above and incorporates such 19 paragraphs as though fully set forth herein. 20 44. Defendant Okoro and Defendant DSH both are liable for false imprisonment under 21 California Government Code §§ 820.4, 820.8. Here, DSH Employee Okoro intentionally confined 22 Ireland against her will, physically blocking her from leaving her office to avoid Okoro's violent 23 rantings and assault. This nonconsensual and intentional confinement of Ireland was without 24 privilege and lasted several minutes, during which time Ireland was conscious of her confinement 25 and grew extremely anxious and fearful. When Ireland pulled on the CSH alarm in her office 26 without any response, she became more distressed. After Okoro left her office, Ireland broke 27 down, shaking and in tears. Defendant DSH had knowledge of Okoro's erratic, dishonest and 28 bullying behavior prior to Okoro's false imprisonment of Ireland. - 13 - COMPLAINT FOR DAMAGES 1 45. As a direct and proximate result of the acts of Defendants, and each of them, as alleged 2 above, Plaintiff has suffered and will continue to suffer economic damages, including lost wages 3 and benefits, and other compensatory damages in an amount to be ascertained at the time of trial. 4 46. As a further direct and proximate result of the acts of Defendants, and each of them, as 5 alleged above, Plaintiff has suffered mental, physical, and emotional distress including, but not 6 limited to, humiliation, anxiety, reputational harm, nervousness, depression, sleeplessness, and has 7 been generally damaged in an amount to be ascertained at the time of trial. 8 47. As a further direct and proximate result of the acts of Defendants, and each of them, as 9 alleged above, Plaintiff will continue to expend sums in the future for the treatment of the 10 emotional, physical, and mental injuries sustained by Plaintiff as a result of said Defendants' acts in 11 an amount to be ascertained at the time of trial. 12 48. Defendant Okoro engaged in the conduct stated herein with malice and oppression, acting 13 with intent to cause Plaintiffs injuries. Okoro's conduct was despicable and was done with a 14 willful and knowing disregard of the rights or safety of another. Okoro knew the probable 15 dangerous consequences of his conduct and deliberately failed to avoid those consequences. 16 Okoro's conduct subjected Plaintiff to cruel and unjust hardship and stress. The acts of Defendant 17 Okoro alleged herein were willful, wanton, malicious, and oppressive, and further violate Penal 18 Code § 236, justifying the award of exemplary and punitive damages in an amount to be 19 ascertained at the time of trial. 20 SECOND CAUSE OF ACTION 21 ASSAULT 22 Against Defendants DSH, Okoro, and Doe Defendants 23 49. Plaintiff repeats and re-alleges each and every paragraph above and incorporates such 24 paragraphs as though fully set forth herein. 25 50. Defendant Okoro and Defendant DSH both are liable for assault under the Government 26 Code; Defendant DSH is vicariously liable for Defendant Okoro's assault because Okoro was 27 acting within the scope of his employment at the time of the assault. Here, Defendant DSH 28 Employee Okoro, when confining Plaintiff Ireland without her consent, intended to cause Ireland - 14 - COMPLAINT FOR DAMAGES 1 apprehension of immediate injury. Defendant Okoro's violent waving of his arms toward Ireland 2 and at the ceiling caused Ireland to believe Okoro was about to physically harm her. This 3 reasonable apprehension of immediate offensive and potentially injurious touching caused Ireland 4 to suffer extreme anxiety and fear. Defendant Okoro knew the consequence (putting plaintiff in 5 fear of immediate harmful or offensive contact) was substantially certain to result. When Okoro 6 left her office, Ireland broke down shaking and in tears. Certainly, Defendant DSH had knowledge 7 of Okoro's erratic, dishonest and bullying behavior prior to Okoro's assault on Ireland. 8 51. As a direct and proximate result of the acts of Defendants, and each of them, as alleged 9 above, Plaintiff has suffered and will continue to suffer economic damages, including lost wages 10 and benefits, and other compensatory damages in an amount to be ascertained at the time of trial. 11 52. As a further direct and proximate result of the acts of Defendants, and each of them, as 12 alleged above, Plaintiff has suffered mental, physical, and emotional distress including, but not 13 limited to, humiliation, anxiety, reputational harm, nervousness, depression, sleeplessness, and has 14 been generally damaged in an amount to be ascertained at the time of trial. 1