Wagner Complaint

1 2 3 4 5 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY

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HAYDYN WAGNER, individually; AIMEE ALLEN, individually;

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Plaintiffs,

No. COMPLAINT FOR SEXUAL HARASSMENT AND DAMAGES

v.

THE WASHINGTON STATE CRIMINAL JUSTICE TRAINING COMMISSION, a Washington State governmental organization, PORT OF SEATTLE POLICE DEPARTMENT, a King County government agency, and LELAND ALLEN and JANE DOE ALLEN, individually and the marital community; Defendant.

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COMES NOW, Plaintiffs by and through their attorneys of record undersigned, and for 15 causes of action against Defendants, allege as follows: 16 I. 17 18 19 20 21 22 23 24 25

PARTIES

1.1

Plaintiff Haydyn Wagner is a resident of Snohomish County, Washinton.

1.2

Plaintiff Aimee Allen is a resident of Pierce County, Washington.

1.3

Defendant Washington State Criminal Justice Training Commission (WSCJTC)is

a Washington State non-profit organization. Its principal office is located at 19010 1st Avenue, South Burien, Washington 98148.

1.4

Defendant Port of Seattle is a government agency overseeing the seaport of

Seattle, Washington, as well as Seattle- Tacoma International Airport. Its headquarters are COMPLAINT - 1

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

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located at 2711 Alaskan Way, Seattle, Washington 98121.

1.5

Defendant Leland Allen and Jane Doe Allen were residents of King County at all

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material times. The actions of Defendant Leland Allen were in the course and scope of his

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agent/employment relationship with Defendants Port of Seattle and WSCJTC and for their benefit

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as well as for the benefit of the marital community.

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1.6

proper in King County Superior Court, Seattle

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Pursuant to RCW 4.12 et seq., jurisdiction is vested with this Court and venue is

II. 2.1

NOTICE OF CLAIM FILING

Haydyn Wagner’s claim was filed with the Port of Seattle on July 14, 2023. The

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Port acknowledge receipt via email on July 17, 2023. More than 60 days have elapsed since this

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claim was filed before the filing of this plaintiff’s complaint against Defendant Port of Seattle in

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the above entitled court. The filing of this claim properly satisfied the notice and other

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procedural requirements of RCW 4.96 et. Seq.

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2.2

Haydyn Wagner’s claim was also filed with Washington State on August 1, 2023.

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This claim was assigned Claim No. 2271013496. More than 60 days have elapsed since this

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claim was filed before the filing of this plaintiff’s complaint against the Washington State

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Criminal Justice Training Commission in the above-entitled court. The filing of this claim

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properly satisfied the notice and other procedural requirements of RCW 4.96 et. Seq.

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2.3

Aimee Allen’s claim was filed with the Port of Seattle on July 14, 2023. The Port

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acknowledge receipt via email on July 17, 2023. More than 60 days have elapsed since this claim

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was filed before the filing of this plaintiff’s complaint against Defendant Port of Seattle in the

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above entitled court. The filing of this claim properly satisfied the notice and other procedural

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COMPLAINT - 2

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

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requirements of RCW 4.96 et. Seq. 2.4

Aimee Allen’s claim was also filed with Washington State on August 1, 2023.

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This claim was assigned Claim No. 2271013504. More than 60 days have elapsed since this

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claim was filed before the filing of this plaintiff’s complaint against the Washington State

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Criminal Justice Training Commission in the above-entitled court. The filing of this claim

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properly satisfied the notice and other procedural requirements of RCW 4.96 et. Seq.

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3.1

FACTS

Defendant Washington State Criminal Justice Training Commission (“WSCJTC”)

provides training to criminal justice professionals, including peace officers and local corrections officers.

3.2

Defendant WSCJTC oversees the Basic Law Enforcement Academy (“BLEA”),

Washington’s mandated training academy for all city and county entry level peace officers in the state. The Academy is open to recruits who have been hired by a recognized Washington State law enforcement agency. Sponsoring agencies submit application materials to WSCJTC on the recruits’ behalf.

3.3

New recruits complete training that typically lasts for 19 weeks.

3.4

Defendant Port of Seattle Police Department hired Defendant Leland Allen as a law

enforcement officer on January 22, 2018.

3.5

On October 13, 2019, Defendant Allen began working as a full-time TAC instructor

at the WSCJTC for new recruits.

3.6

TAC Officers have the power to pass or fail recruits in their classes.

3.7

Failing a course in the BLEA, results in failing out of the Academy and subsequent

termination from the sponsoring law enforcement agency.

COMPLAINT - 3

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

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3.8

The BLEA is vertically structured like the military, with direction, power and

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control coming from the top. New recruits are at the very bottom of the structure with the least

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amount of power.

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3.9

Recruits at the BLEA are instructed to respect their TAC officer. Questioning,

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responding, or reacting to statements or actions taken by TAC officers could be interpreted as signs

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of disrespect leading to failing the class and termination from the Academy and agency

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employment.

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3.10

When a Tac officer entered a room, all recruits were ordered to freeze and stand at

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attention until that officer directed “at ease,” granting recruits permission to return to what they

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were doing.

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3.11

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2022. The class included six female recruits.

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3.12

Defendant Allen used his power and position of authority as a TAC instructor to

sexually harass and touch the female recruits in class 828.

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BLEA Class 828 began on September 28, 2021, and concluded on February 8,

3.13 A.

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Two of the female recruits were Plaintiffs Wagner and Allen.

Sexual Harassment and Battery of Plaintiff Wagner 3.14

As part of officer training, recruits were required to participate in mock scenarios

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of real life experiences. During one such training exercise, Plaintiff Wagner was sitting in a chair

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waiting for the training to start. Defendant Allen approached Wagner, put his hands inside the rips

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of her pants placing his hands directly upon her upper thighs and motioned them further upwards,

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towards her crotch. While holding onto her skin, Defendant Allen asked Wagner if his hands felt

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cold.

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3.15 COMPLAINT - 4

Later that day, Defendant Allen was walking around holding a bag of skittles in his STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

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hand. He made circular motions with his hand and the skittle bag, directly over his crotch. Leared

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at Wagner and asked if she “wanted any.” He persisted: “you know you want some of this.”

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3.16

Another night, Wagner was in the hall talking to another recruit about the method

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of frisking a potential suspect. Defendant Allen walked up to Wagner without invitation. Placed

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the palms of his hands onto her thighs. Then moved his hands up her legs in a sexualized mock

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frisk.

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3.17

Defendant Allen subjected Wagner to unwanted focus and attention.

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3.18

At the gym, Defendant Allen cornered Wagner and asked: “How come you don’t

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say hi to me at the gym?”

3.19

At the training Academy, Defendant Allen, seeking attention from Wagner asked

her if she was ignoring him.

3.20

Wagner did her best to physically avoid Defendant Allen. Despite her best efforts,

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he used every opportunity to place his hands around the back of her neck, around her shoulders,

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her arm, her upper thighs, and her lower back.

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3.21

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upset, and violated.

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3.22

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The unwanted touching by Defendant Allen made Wagner feel uncomfortable,

Wagner avoided asking Defendant Allen questions so that he would not put his

hands on her during an explanation.

3.23

Wagner was a confidant to other female recruits who shared that Defendant Allen

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also touched them inappropriately and made sexual comments and innuendos that made them feel

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uncomfortable, violated, and upset.

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3.24

On one occasion, Wagner saw another female recruit walking fast towards her and

informed Wagner that Defendant Allen just violated her.

COMPLAINT - 5

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

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B.

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Sexual Harassment and Battery of Plaintiff Aimee Allen 3.25

Towards the beginning of training, while Plaintiff Allen was at the gym, she was

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approached by Defendant Allen who had been checking her out and said: “You have really nice

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legs.”

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3.26

On February 1, 2022, Plaintiff Allen was at the flag with her fellow recruits.

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Defendant Allen walked up to her and stood shoulder to shoulder. He asked Plaintiff Allen if she

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had been at the gym the night prior. She confirmed. Defendant Allen then asked why Allen did

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not say hello to him. He then asked if she got a good workout in, tapped her butt in a scooping

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manner and said “atta girl.”

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3.27

Plaintiff Allen witnessed other predatory behavior including seeing Defendant

Allen grab other female recruits and pull them close to his body when talking to them.

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3.28

Plaintiff Allen was a confident to other female recruits who were victims of

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Defendant Allen’s harassing behavior. She was informed by another female recruits that he made

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them feel uncomfortable and upset during unwanted touching and appearing to make excuses to

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talk with them.

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D.

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Fear of Consequences and/or Retaliation Delayed Reporting 3.29

On February 1, 2022, mere days before graduation, Class 828 President approached

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the primary TAC instructor and reported concerns of six female recruits regarding Defendant

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Allen. These women reported allegations including unwanted touching, sexual innuendos and

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comments, remarks about their body, and unwanted attention.

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3.30

These women waited to address the harassment by TAC Allen until graduation

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given the power dynamics of their relationships with TAC Allen. While there was consensus

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among class 828 that TAC Allen made them feel uncomfortable, the female recruits feared

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COMPLAINT - 6

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

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negative consequences for bringing allegations about a supervisor to the fore.

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3.31

The recruits did not believe their concerns would be taken seriously.

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3.32

TAC Allen has the power to pass or fail the female recruits which could lead to

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termination from the Academy and employment from their respective sponsoring agency.

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3.33

The female recruits also feared other forms of retaliation from Defendant Allen or

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from WSCJTC. The recruits became aware of a female recruit in another class who made a sexual

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harassment claim against her instructor. They learned that after making this claim, that female

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recruit was ultimately disciplined.

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3.34

Instead, the female recruits were forced to do their best to avoid TAC Allen and

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suppress their feeling of discomfort, objectification, and sexual violation until they graduated.

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E.

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The Investigation 3.35

On behalf of the Port of Seattle, Foster Garvey P.C. retained Northwest Workplace

Law to conduct an independent investigation into the allegations against Defendant Allen.

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3.36

In December 2022, the investigative findings concluded that a preponderance of

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the evidence established that Defendant Allen engaged in a pattern of unprofessional and

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inappropriate behavior with gender- based and sexual overtones with female recruits.

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3.37 Seattle.

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On March 15, 2023, Defendant Allen submitted his resignation letter to the Port of

VIOLATIONS OF PORT POLICY Defendant Allen’s violated Code of Conduct CC-8 “anti-harassment” Code of

3.38 Conduct:

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CC-8 prohibits harassment and disrespectful conduct in the workplace. The policy

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states, in bold type:

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COMPLAINT - 7

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

The Port has a “zero tolerance” policy concerning harassment. “Zero tolerance” means complaints will be reviewed and violations of this policy will be address.

Offending behavior will not be permitted to continue or be repeated. The manner in which violations are addressed will depend on the circumstances. Employees could be subject to progressive discipline up to and including immediate termination.

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IV. 4.1

WASHINGTON LAW AGAINST DISCRIMINATION

The Washington Law Against Discrimination (WLAD), Chapter 49.60 RCW

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prohibits employers from discriminating against employees on the basis of sex. The WLAD

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prohibits conduct that creates a hostile work environment for employees.

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4.2

Sexual harassment exists when an employer’s conduct is (1) unwelcome; (2)

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because of an employee’s gender; (3) affected the employee’s terms or conditions of employment

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and (4) is imputed to the employer. Glasgow v. Georgis- Pacific, 103 Wn.2d 401, 406-07, 693

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P.2d 708 (1985). When a manager personally participates in the harassment, the harassment is

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imputed to the employer. Id.

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4.3

Defendant Allen’s conduct towards Plaintiffs was unwelcome, sexist, and

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motivated by plaintiff’s gender. Plaintiffs were compelled to endure sexual contact and harassment

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to pass their training course. His actions interfered with the Plaintiffs’ ability to perform their jobs

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in a professional environment, created a workplace permeated with discriminatory intimidation,

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harassment and amounted to a hostile work environment, prohibited by the Washington Law

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Against Discrimination, Chapter 49.60 RCW.

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4.4

The acts and/ or omissions of Defendants WSCJTC and Port of Seattle (and its

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agents and employees, including Leland Allen) directly or indirectly resulted in restriction and/ or

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discrimination of Plaintiffs by treating them in a manner different to the treatment provided to

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persons outside of Plaintiffs’ protected class, including but not limited to sexual harassment and

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sexual abuse; such acts were objectively discriminatory and subjectively perceived as such by

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COMPLAINT - 8

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

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Plaintiff; and Plaintiff’s protected status was a substantial factor that caused the distinctive, restrictive

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and/or discriminatory treatment she experienced.

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4.5

As a direct and proximate result of Defendants’ discriminatory conduct and creating

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a hostile work environment (and that of its agents and employees, including Defendant Allen,)

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Plaintiffs suffered damages in amounts to be proven at trial.

V.

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5.1

BATTERY

Through his conduct, Defendant Allen placed Plaintiffs Wagner and Allen in a state

of perpetual fear of imminent, unwanted, demoralizing physical, and sexual contact.

5.2

This unwanted, unlawful and demoralizing sexual, physical touching caused

Plaintiffs to suffer damages in the amounts to be proven at trial.

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VI.

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6.1

NEGLIGENCT INFLICTION OF EMOTIONAL DISTRESS The conduct, acts, or omissions of Defendants in subjecting Plaintiffs to sexual

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harassment, unwanted sexual contact, and unwanted attention resulted in the negligent infliction

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of emotional distress upon Plaintiffs.

VII.

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7.1

NEGLIGENT SUPERVISION

Defendants WSCJTC and Port of Seattle had a duty to hire and retain supervisors

who did not present a danger to others. These defendants had a duty to supervise their agents, including Defendant Allen, to ensure that agents were not engaging in conduct that presented a risk of danger to others.

7.2

Defendants were well acquainted with the vertical chain of command at the BLEA.

Under the chain of command, recruits were at the mercy of their supervisors to receive a passing or failing grade of their courses. This power dynamic provides a strong incentive for recruits to avoid pursuing sexual harassment and sexual assault allegations that could hurt their careers.

COMPLAINT - 9

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

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7.3

Despite this, Defendants negligently failed to take reasonable actions to prevent

Defendant Allen from engaging in the unlawful conduct alleged herein.

7.4

Defendants breached their duty to supervise Defendant Allen as an agent to ensure

that TAC Allen was not engaging in conduct that posed a risk to others.

7.5

As a direct and proximate cause of Defendants’ negligence, the Plaintiffs have

suffered damages in amounts to be proven at trial.

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VIII.

PRAYER FOR RELIEF

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WHEREFORE, Plaintiffs pray for judgment against Defendants as follows:

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1.

For special and general damages in amounts to be proven at trial;

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2.

Reasonable attorneys’ fees and costs;

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3.

For statutory interest on the judgment from the date judgment is entered until paid in full;

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4.

For prejudgment interest on the special damages;

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5.

For prejudgment interest on liquidated damages;

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6.

For such other and further relief as the Court may deem just and equitable.

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DATED this 10th day of October, 2023.

STRITMATTER KESSLER KOEHLER MOORE

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/s/ Karen K. Koehler Karen K. Koehler WSBA # 15323 Debora Silberman, WSBA # 59302 3600 15th Avenue West #300 Seattle, WA 98119 Telephone: (206) 448-1777 Facsimile: (206) 728-2131 E-mail: KarenK@stritmatter.com deboras@stritmatter.com

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ATTORNEYS FOR PLAINTIFFS COMPLAINT - 10

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777