RECEIVED

Elizabeth Pinkus-Huizenga, PLAINTIFF DEMANDS TRIAL BY JURY

Defendant

) United States District Court MAY 2 9 2012
Jonathan Loucks, ) Northern District of Illinois MAY 29 clad.
Plaintiff THOMAS G. BRUTON

aint ) CLERK, U.S. DISTRICT COURT

v. )

)
Illinois Institute of Technology, )
Defendant ) 12cv4148

) Judge Charles R. Norgle, Sr
Ashley Lucas, ) Magistrate Young B. Kim
Defendant )

)

)

)

Complaint

. Atall times hereinafter mentioned, plaintiff, Jonathan Dean Loucks, was and still is a resident of
Chicago in Cook County of the State of Illinois

. Defendants

a. The Illinois Institute of Technology, is a corporation incorporated under the laws of the State
of Illinois and the United States and having a main office at 3300 South Federal Street,
Chicago, Illinois 60616, and is licensed to do business in the State of Illinois
b. Ashley Lucas is the Service Coordinator for the Office of Residence and Greek Life and the
Plaintiffs former supervisor who was and still is a resident of Chicago in Cook County of the
State of Illinois
c. Elizabeth Pinkus-Huizenga is the Director for Residential Education for the the Office of
Residence and Greek Life who was and still is a resident of Chicago in Cook County of the
State of Illinois
. The jurisdiction of this court is invoked pursuant to federal question
. The plaintiff contends that the Illinois Institute of Technology violated not only the Fourth
Amendment of the United States Constitution, but also provisions set forth by the Electronic
Communications Privacy Act of 1986
. Atall times hereinafter mentioned the following individuals and their respective positions act as
representative employees of the Illinois Institute of Technology
a. Whereas Ashley Lucas served as the direct supervisor to the Plaintiff in her capacity as the
Service Coordinator for the Office of Residence and Greek Life at the Illinois Institute of
Technology
b. Whereas Elizabeth Pinkus-Huizenga serves as the Director of Residential Education for the
Office of Residence and Greek Life at the Illinois Institute of Technology
c. Whereas Terrence Humphrey serves as the Director for Residential Operations and
Administration for the Office of Residence and Greek Life at the Illinois Institute of
Technology



10.

1.

12

13

14,

15.

16.

17.

d. Whereas Katherine Murphy-Stetz serves as the Dean of Students for the Division of Student
Affairs at the Illinois Institute of Technology

e. Whereas Victoria Tolbert serves as the Illinois Institute of Technology Ombudsperson and the
Assistant to Dean of Students for the Student Affairs Division of the Illinois Institute of
Technology

f. Whereas Raymond Martinez serves as the Director of Public Safety for the Department of
Public Safety at the Illinois Institute of Technology

g. Whereas Marcus Scott serves as the Assistant Director of Public Safety for the Department of
Public Safety at the Illinois Institute of Technology

h. Whereas Alan W. Cramb serves as the Provost and Vice President for Academic Affairs at the
Illinois Institute of Technology

. Whereas the Plaintiff, Jonathan D. Loucks, began employment on May 1°, 2012 with the Office of

Residence and Greek Life as Team Leader for the Community Desk Assistant Program after serving
as a Resident Advisor and Community Desk Assistant since August 12", 2011

. Whereas the Plaintiff was expected to serve in an on-call rotation as part of his position using his

personal cell phone as a receiver for the third-party call forwarding service, Google Voice

Whereas the forwarding service was simply explained as strictly a forwarding service without any
privacy agreement or provisions set forth or made available to the Plaintiff by Ashley Lucas or
Elizabeth Pinkus-Huizenga whom advocated the use of the new service

Whereas on May 15", 2012 a series of text messages sent from the Plaintiff's personal phone to the
personal phone of Westin Ripley, a fellow Illinois Institute of Technology student, was recorded and
logged by the Google Voice account, held by the Office of Residence and Greek Life of the Illinois
Institute of Technology

Whereas a transcript of these text messages was provided to the Plaintiff in an investigatory hearing
with Lucas, Pinkus-Huizenga, Scott, and Martinez on May 21%, 2012

Whereas the Plaintiff maintained that these text messages were private and sent to his personal cell
phone and were not intended for public view or dissemination

. Whereas the Plaintiff was interrogated by Scott and Martinez regarding the nature of the text

messages and informed that he would be subject to disciplinary action and likely termination by
Pinkus-Huizenga and Lucas

. Whereas the Plaintiff filed a formal complaint to Victoria Tolbert on May 22", 2012 stating that his

right to privacy was violated by Pinkus-Huizenga, Lucas, Martinez, and Scott after private text
messages were viewed and distributed to the officials mentioned in Paragraph 5

Whereas the Plaintiff informed Tolbert of his intention to seek legal counsel on the legality of his
likely termination of employment

Whereas the Plaintiff was suspended without pay in an email communication from Lucas on May
23" 2012

Whereas the Plaintiff convened with Murphy-Stetz on May 24", 2012 who informed him that he
would likely be demoted to the position of Community Desk Assistant but would be able to resume
shifts scheduled on and after May 27", 2012

Whereas the Plaintiff's employment contract for Team Leader of the Community Desk Assistant for
the 2012-2013 Academic Year would be reviewed at the end of July for renewal consideration



18. Whereas during the aforementioned conversation with Murphy-Stetz, she stated that the content of
the text messages and not the way in which they were obtained were grounds for the investigation
and any subsequent employment action

19. Whereas Murphy-Stetz informed the plaintiff that issues related to privacy were being considered as
a separate issue and apologized for the situation having occurred and that the Office of Residence and
Greek Life should have adequately researched the functions of the Google Voice service

20. Whereas Murphy-Stetz also acknowledged that had the Google Voice features been investigated and
thoroughly explained upon deployment of the software, the situation would not have escalated or
even arisen

21. Whereas after the aforementioned meeting Murphy-Stetz met with Alan Cramb who authorized the
full termination of the Plaintiff's employment with the Illinois Institute of Technology

22. Whereas on May 25", 2012 the Plaintiff met with Murphy-Stetz who informed him in person that his
employment was to be terminated and that he would be required to vacate his provided residence by
June 4", 2012

23. Whereas shortly thereafter the Plaintiff received official communication from Murphy-Stetz stating
the following:

a. This decision [termination] was based on an incident that occurred on May 21, 2012 where
you prompted a drug deal to happen on campus. This act is a violation of your Community
Desk Assistant Team Leader Employment Agreement; the specific area of the contract is Al,

“..To model, at all times, appropriate behavior and be exemplary representatives of
Residence and Greek Life and the University...”

24. Whereas the Plaintiff informed Murphy-Stetz and Tolbert of his decision to seek legal action
regarding the violation of his privacy

25. Whereas the Plaintiff was told by Murphy-Stetz that this was well within his rights and that any legal
action he chose to take would not impact his status as a student of the Illinois Institute of Technology

26. Wherefore, the plaintiff demands a trial by jury in this matter and the following:

a. Compensatory damages in the amount of $100,000 for lost wages, room/board compensation,
and consequential psychological treatment for distress

b. Punitive damages in the amount of $900,000 for wrongful termination and negligence

c. Permanent injunction that requires the defendant to issue company provided cell phones
rather than requiring use of personal phones by employees to ensure there is not a similar
recurrence

d. Any further relief the court may deem appropriate

Jonathan Dean Loucks

3349 South Wabash Avenue
Chicago, Illinois 60616
(618) 435-0951

Date: aslo [es jloucks2010@gmail.com