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Nebraska: Dakota County Shells Out $575,000 to Settle Sexual Harassment and Discrimination Lawsuits Against Former Sheriff

Nebraska: Dakota County Shells Out $575,000 to Settle Sexual Harassment and Discrimination Lawsuits Against Former Sheriff

In January 2013, Dakota County, Nebraska settled a federal lawsuit brought by Alana Crutcher-Sanchez, a former correctional officer at the Dakota County Jail, for $250,000. The County shelled out an additional $325,000 to settle a second federal lawsuit filed by six other former employees of the jail. Both lawsuits accused former Dakota County Sheriff James Wagner and his chief deputy, jail administrator Rodney Herron, of sexual harassment, gender discrimination and creating a sexually and/or racially hostile work environment.

Wagner was ousted from office when he lost a May 2010 primary election. Herron resigned when Chris Kleinberg, the new Sheriff, took office.

Neither Wagner nor Herron contributed financially to the settlements, which were covered by Dakota County’s insurance policies. The County admitted to no liability, either on its part or on the part of its one-time employees.

Crutcher-Sanchez began her short-lived employment with the Dakota County Sheriff’s Office in October 2006. As a correctional officer, she reported directly to Deputy Herron, who, according to Crutcher-Sanchez’s complaint, made unsolicited and unwelcome comments about her appearance and demanded frequent sexual favors from her.

Crutcher-Sanchez was also propositioned by Sheriff Wagner. When she rejected his advances, the Sheriff reportedly made a disparaging remark about her ethnicity (Crutcher-Sanchez is Native American).

Four months after she began working for the Sheriff’s Office, Crutcher-Sanchez was fired, purportedly for “recent and numerous violations” of departmental policies and procedures.

Crutcher-Sanchez subsequently filed suit pursuant to 42 U.S.C. §§ 1981, 1983, and 1985, alleging that the County had a policy or practice of discriminating against women and non-Caucasians, specifically by creating or fostering a hostile work environment. She further alleged that Wagner and Herron had, as individuals, sexually and racially discriminated against her, and that her firing was an act of retaliation for her resisting the hostile work environment they helped to create. She sought damages as well as injunctive relief, including her reinstatement. See: Crutcher-Sanchez v. County of Dakota, U.S.D.C., D. Neb., Case No. 08:09-CV-288.

Sources: Molly Montag, Sioux City Journal, March 14, 2013

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Related legal case

Crutcher-Sanchez v. County of Dakota