COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT CASE NO. ____________ NICOLE CUSIC vs.

VERIFIED COMPLAINT PLAINTIFF

LEGISLATIVE RESEARCH COMMISSION, Serve: Hon. Jack Conway Office of the Attorney General 700 Capital Avenue, Suite 118 Frankfort, Kentucky 40601 BOBBY SHERMAN, Serve: Bobby Sherman 214 Delaplain Road Winchester, KY 40391-9264 and WILL COURSEY Serve: Will Coursey 702 Capitol Ave Annex Room 351A Frankfort KY 40601 ******* Come the Plaintiff, Nicole Cusic (Nicole), by counsel, and for her Verified
Complaint against the Defendants, Legislative Research Commission ("LRC"), Bobby

DEFENDANTS

Sherman (Sherman), and Will Coursey (Coursey) (collectively the Defendants), state as follows: THE PARTIES 1. The Plaintiff, Nicole, is and was at all relevant times hereto, a resident of the

Commonwealth of Kentucky and employed by the LRC. 2. The Defendant, the LRC, is an agency of the legislative branch of state

government and was created by KRS Chapter 7. LRC has its principal office is located in Frankfort, Kentucky. 3. The Defendant, Sherman, is and was at all relevant times hereto, a resident of the

Commonwealth of Kentucky and the director of the LRC. 4. The Defendant, Will Coursey, is and was at all relevant times hereto, a

Democratic Kentucky state Representative.

JURISDICTION & VENUE 5. 6. This Court has original jurisdiction over this action pursuant to KRS 23A.010. Venue is proper in this Court pursuant to KRS 452.460(1). FACTS 7. the Senate. 8. Upon information and belief, on or around November of 2012, Coursey was Plaintiff, Nicole, is employed by the LRC and currently serves as a secretary in

engaging in sexually harassing behavior toward interns and LRC employees. 9. Upon information and belief, Coursey's conduct was a topic of discussion among

interns, LRC employees, and other representatives. 10. Out of concern for Coursey, Nicole notified Coursey of his inappropriate conduct

and how it was drawing comments from other interns, representatives, and LRC employees. 11. After Nicole made a good faith complaint to Coursey, Coursey quit

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

12.

Upon information and belief, Coursey went to Representative Greg Stumbo's

office requesting that Nicole be transferred to another representative. 13. Prior to Nicole being transferred, Nicole was removed from Coursey's office and

placed in a separate office, where she sat for about one month with no work. 14. Cusic was later advised by former LRC Director, Bobby Sherman, that Nicole

was being transferred to the Senate. 15. Thereafter, Nicole was transferred from her position as a secretary for a

democratic House of Representative to a secretary for a republican Senator. 16. Defendants' actions have resulted in Nicole being shunned at work, feeling

humiliated as well as degraded, alienated, and constantly uncomfortable at work. COUNT I Violation of KRS 344.280 (Retaliation) 17. The Plaintiffs incorporate by reference, as if set forth fully herein, each and every

averment, allegation, or statement contained in the previous paragraphs of this Verified Complaint. 18. During Nicoles employment with LRC, Sherman and Coursey conspired and

retaliated against Nicole for making a complaint against Coursey regarding his sexually harassing behavior. 19. 20. Sherman and Coursey were both aware of Nicoles complaint against Coursey. As a result of Nicoles complaint, Sherman and Coursey subjected her to the

above-described adverse treatment. 21. As a direct and proximate result of the aforementioned conduct, Nicole suffered 3

great distress and/or embarrassment and/or humiliation and/or mental anguish and/or wage loss and/or medical expenses in an amount which exceeds the minimal jurisdictional limits of this Court.

COUNT II Violation of KRS 61.101, et. seq., 22. The Plaintiffs incorporate by reference, as if set forth fully herein, each and every

averment, allegation, or statement contained in the previous paragraphs of this Verified Complaint. 23. LRC's actions against Nicole resulted in injuries pursuant to KRS 61.101, et. seq.,

which provides, generally, protection from reprisal and/or retaliation to public employees who disclose or report violations of the law. This statute is known as the whistleblower statute. 24. Nicole was at all times relevant hereto an employee within the scope of the

definition of the term employee set forth in KRS 61.101(1). 25. The LRC was an employer within the scope of the definition of the term

employer set forth in KRS 61.101(2). 26. During Nicoles employment with the LRC, Nicole reported and disclosed, in

good faith, facts and information concerning Courseys sexually harassing behavior. 27. Because of Nicoles disclosure, she was subjected to retaliation and reprisal,

which culminated in Nicole being transferred to another department after she complained to Coursey about his inappropriate comments and relationships with other LRC staff and interns. 28. 29. Nicole made the above-stated disclosure to the appropriate authorities. The aforementioned conduct was committed in violation of KRS 61.101, et.seq. 4

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As a direct and proximate result of the aforementioned conduct, Nicole has

suffered great and emotional distress and/or embarrassment and/or humiliation and/or mental anguish and/or wage loss and/or medical expense and/or lost overtime, and/or lost court pay, all of which exceed the minimal jurisdictional amount of this Court.

WHEREFORE, the Plaintiff demands judgment on her Complaint against the Defendants in an amount sufficient to invoke the jurisdiction of this Court and, in addition, demand the following: 1. 2. 3. 4. 6. Judgment on their Complaint against the Defendants; A trial by jury on all issues triable; Compensatory damages; For their costs herein expended including a reasonable attorneys fees; and Any and all other relief to which Plaintiffs are properly entitled. Respectfully Submitted, ______________________________ THOMAS E. CLAY, P.S.C. DAVID N. WARD CLAY DANIEL WALTON & ADAMS, PLC 462 South Fourth Avenue Meidinger Tower, Suite 101 Louisville, Kentucky 40202 (502) 561-2005 tclay@tclaylaw.com david@justiceky.com Counsel for Plaintiff

_______________________________________ Nicole Cusic COMMONWEALTH OF KENTUCKY COUNTY OF JEFFERSON ) ss: ) )

SUBSCRIBED AND SWORN TO before me by Nicole Cusic this _______ day of __________________________ 2031. My commission expires: ________________________________.

_______________________________________ Notary Public, State-at-Large, Kentucky