NO.

21-CI-5704 JEFFERSON CIRCUIT COURT

DIVISION SIX (6)
JUDGE OLU STEVENS

JESSICA VAN TILBURG PLAINTIFF

v. FIRST AMENDED COMPLAINT

(Filed Electronically)

LOUISVILLE METRO GOVERNMENT DEFENDANT

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The Plaintiff, Jessica Van Tilburg, pursuant to CR 15.01, for her First Amended Complaint

against the Defendant, Louisville Metro Government (hereinafter “Defendant”), seeking damages

for sex discrimination, states as follows:

1. This action contains claims that arise under the laws of the Commonwealth of

Kentucky, including KRS Chapter 344.

2. The Plaintiff is and was at all times complained of herein a resident of Jefferson

County, Kentucky.

3. The Defendant’s wrongful acts set forth in the Complaint herein occurred in

Jefferson County, this judicial district.

4. This Court has jurisdiction as Plaintiff affirmatively pleads that she seeks monetary

damages aggregating more than the jurisdictional threshold of this Court.

5. The Plaintiff entered the Defendant’s Training Academy as a Recruit on or about

February 10, 2020.

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6. The Plaintiff had for years dreamed of being a Louisville Metro Police Department

officer so that she could help victims of violence.

7. The Recruits were placed into two groups. Plaintiff was placed into Side B.

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 8. There were approximately twenty (20) Recruits placed in Side B.

9. Of these twenty placed in Side B, there was only one female Recruit other than

Plaintiff.

10. Of these twenty Recruits placed in Side B, Plaintiff was the sole female who

identified as heterosexual and/or straight. Plaintiff’s disposition conformed to female gender

stereotypes.

11. Immediately after being placed in Side B, Plaintiff’s academy instructors

persistently harassed her and ridiculed her daily, and even hourly.

12. Plaintiff’s academy instructors told her that she could not drive and that because

she would inevitably fail her driving test, her time would be switched to accommodate the male

Recruits. Plaintiff did not fail her driving tests. However, two male Recruits whose times she had

to switch to accommodate, failed their tests.

13. Plaintiff’s academy instructors repeatedly told that she was too “bubbly” of a

person to be a police officer and that she would never make it as an officer.

14. Plaintiff’s academy instructors singled out and picked on her so often that other

recruits began making jokes with her about how the academy instructors were out to hurt her.

15. Plaintiff’s background investigator at the Training Academy told Plaintiff directly

that after conversations that the background investigator had with Plaintiff’s academy instructors,

the background officer was convinced that the academy instructors were set on seeing that Plaintiff

did not pass the Training Academy or if she did, that she would not make it through her

probationary period as an officer.

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16. Plaintiff’s academy instructors regularly referred to her as “your girl” to her

background investigator.

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 17. Recruits routinely would fail tests during the Training Academy and when they did,

they were afforded remedial training to help ensure that they would pass the test on subsequent

attempts. The Plaintiff failed only two tests during her six months training. She was not afforded

the remedial training the male recruits were.

18. On one occasion Plaintiff’s academy instructors inexplicably made Plaintiff take

the most physically intense and dangerous test six times. However, at least one male recruit was

not required to take the test at all.

19. Whenever Plaintiff was seen talking or sitting or simply standing near the sole other

female in Side B, the academy instructors would make disparaging comments about how “the girls

are always together.” Eventually, the other female quit the Training Academy before graduating.

20. On one occasion, at least three male Recruits were being disrespectful to a guest

speaker. The academy instructors punished the entire Side B by “smoking” it, that is, making Side

B do continuous drills. However, during the smoking, the academy instructors proceeded to single

out and yell at Plaintiff, even though they knew she did nothing wrong.

21. In April 2020, less than three months into the Training Academy, the academy

instructors’ harassment of Plaintiff was so severe and pervasive that a fellow Recruit in Side B

wrote a memorandum to the Lieutenant overseeing the Training Academy complaining of the

instructors’ harassment of Plaintiff and that it ought to stop.

22. The Lieutenant thereupon brought Plaintiff into his office and questioned her about

the harassment. Following this recorded interrogation, the Lieutenant did nothing to stop the

academy instructors from continuing to harass Plaintiff, which the academy instructors did.
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23. Plaintiff ultimately graduated from the Training Academy on or about September

2, 2020.

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 24. Plaintiff accordingly was designated a police officer and began her probationary

period as an officer with the Defendant.

25. Incredibly, the academy instructors’ disparagement of Plaintiff nevertheless

continued.

26. Plaintiff’s assigned Police Training Officer (PTO) told Plaintiff that her academy

instructors told her PTO that she was the worst recruit they ever had and that she needed to fix

Plaintiff.

27. In February 2021, the Plaintiff had an emergency medical issue that is restricted to

females.

28. Defendant fired Plaintiff on July 22, 2021. The Defendant officer who handed

Plaintiff her termination letter openly expressed to her that her medical issue may have factored

into the decision.

COUNT I

29. The Plaintiff brings this Count alleging violations of Chapter 344 of the Kentucky

Revised Statutes prohibiting discrimination based on gender.

30. Defendant discriminated against Plaintiff by treating her differently in the terms

and conditions of her employment than male employees and ultimately terminating her because of

her gender.

31. As a direct and proximate result of the Defendant’s wrongful termination, Plaintiff

has suffered mental anguish, embarrassment and humiliation, and lost wages and benefits. Plaintiff

is entitled to recover for the same from the Defendant.

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 32. Defendant’s discriminatory treatment of Plaintiff continues to cause, and will cause

her, to suffer substantial lost wages, mental anguish and substantial damages for pecuniary losses,

as well as humiliation and damages to her personal dignity.

COUNT II

33. The Defendant discriminated against Plaintiff on the basis of sex.

34. The Defendant subjected Plaintiff to unwelcome sexual harassment.

35. The Defendant’s unwelcome sexual harassment was so pervasive and/or severe that

it created and subjected Plaintiff to a hostile work environment.

36. As a direct and proximate result of the Defendant’s wrongful actions, Plaintiff has

suffered mental anguish, embarrassment and humiliation, and lost wages and benefits. Plaintiff is

entitled to recover for the same from the Defendant.

37. Defendant’s discriminatory treatment of Plaintiff continues to cause, and will cause

her, to suffer mental anguish and substantial damages for pecuniary losses, as well as humiliation

and damages to her personal dignity. Plaintiff is entitled to recover for the same from the

Defendant.

WHEREFORE, the Plaintiff, Jessica Van Tilburg, respectfully demands judgment against

the Defendant on her claim as follows:

1. Actual and compensatory damages in an amount to be presented at trial on each

Count, including lost compensation and benefits, future lost wages and benefits, emotional

distress, mental anguish, humiliation, and pain and suffering;

2. Reimbursement for costs and attorney fees expended herein as authorized by KRS
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Chapter 344 and any and all other applicable statutes;

3. Punitive damages if and where applicable;

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 5. Trial by jury; and,

6. Any and all further relief to which she may appear entitled.

MORGAN POTTINGER MCGARVEY

By: /s/ Thomas R. Coffey

Thomas R. Coffey (KBA #91951)
401 South Fourth Street, Suite 1200
Louisville, KY 40202
(502) 589-2780
Counsel for Plaintiff

CERTIFICATE OF SERVICE

I hereby certify that on the 8th day of December 2021, a true and accurate copy of the
foregoing document was e-filed and delivered to the following through the Court’s electronic filing
system and/or electronic mail:

Hon. Kristie Walker

Assistant Jefferson County Attorney
531 Court Place, Suite 900
Louisville, KY 40202
Kristie.Walker@louisvilleky.gov
Counsel for Louisville Metro Government

/s/ Thomas R. Coffey

Thomas R. Coffey

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