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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

WILLIAM D. SMITH, CIVIL ACTION NO. 

Plaintiff, HON.

v

MELANY GAVULIC,

Defendant.

LAW OFFICE OF GLEN N. LENHOFF

BY: GLEN N. LENHOFF (P32610)

MICHAEL E. FREIFELD (P48198)

328 South Saginaw Street

8th Floor, North Building

Flint, Michigan 48502

(810) 235-5660

COMPLAINT AND JURY DEMAND

A civil action between arising out of the same transaction or occurrence alleged in this 

Complaint has been previously filed in Genesee County Circuit Court. The action 

remains pending. The docket number is 15-104139-CL. The judge assigned to the 

action is the Honorable Joseph J. Farah.

PARTIES AND JURISDICTION

NOW COMES Plaintiff, William D. Smith, by and through his attorney, the Law 

Office of Glen N. Lenhoff, and hereby complains of Defendant, Melany Gavulic, as 

follows.

1. Plaintiff, William D. Smith (hereinafter Plaintiff), is a resident of the 

County of Genesee, State of Michigan.

2. Defendant, Melany Gavulic (hereinafter "Defendant"), is a resident of the 

State of Michigan within the Eastern Judicial District of Michigan. 

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3. Defendant was the Chief Executive Officer (CEO) of Hurley Medical 

Center at all times pertinent to this lawsuit. Defendant is being sued in this case in her 

individual capacity.

4. In light of the foregoing, venue is proper in the United States District 

Court for the Eastern District of Michigan under 28 USC §1392(c).

5. This Court has subject matter jurisdiction over this case based on federal 

question jurisdiction codified in 28 USC §1331, as well as 42 USC §1343 because this 

is a 42 USC §1983 case.

GENERAL ALLEGATIONS

6. Plaintiff is an African American male.

7. Plaintiff has been a licensed attorney in the State of Michigan since 1985.

8. Plaintiff began his employment as in-house counsel with Hurley Medical 

Center in 1986. 

9. In 2001, Plaintiff was promoted to the position of Executive Vice President 

and General Counsel for Hurley Medical Center. 

10. At the time of his discharge, Plaintiff was the only African American 

Executive Vice President within Hurley Medical Center’s organization.

11. Plaintiff performed his job in a diligent manner. 

12. On several occasions, Plaintiff has accused Defendant of engaging in 

racial discrimination against him as well as others.

13. Specifically, in April 2014, Defendant refused to allow Plaintiff to hire an 

African American female for a staff attorney position with Hurley Medical Center. 

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14. Shortly after Defendant refused to allow Plaintiff to hire an African American 

female as a staff attorney for Hurley Medical Center, Plaintiff was discharged as a 

result of Defendant’s recommendation on January 13, 2015.

15. A substantial causative factor in Defendant’s recommendation/decision to 

discharge Plaintiff was Plaintiff’s race.

16. Plaintiff has suffered economic loss and emotional distress damages as a

result of his termination.

COUNT I. 42 USC §1983 CLAIM AGAINST DEFENDANT

WITH RESPECT TO PLAINTIFF’S TERMINATION

17. Plaintiff hereby realleges and incorporates by reference the preceding 

paragraphs.

18. Defendant acted under color of law with respect to Plaintiff’s termination.

19. Defendant recommended and/or decided to terminate Plaintiff in 

substantial part because of Plaintiff’s race.

20. Thus, Defendant violated Plaintiffs’ rights under the equal protection 

clause of the United States Constitution. 

21. Therefore, Plaintiff asserts a 42 USC §1983 racial discrimination claim 

against Defendant.

WHEREFORE, Plaintiff prays for Judgment against Defendant for damages in 

such sum as the Jury deems just, together with costs and interest. The said damages 

should include all damages allowed by law, including compensatory damages, punitive 

damages and attorney fees under 42 USC §1988.

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RELIANCE UPON JURY DEMAND

Plaintiff hereby demands a jury under Rule 38 of the Federal Rules of Civil 

Procedure.

s/Glen N. Lenhoff s/Michael E. Freifeld 

LAW OFFICE OF GLEN N. LENHOFF LAW OFFICE OF GLEN N. LENHOFF

328 South Saginaw Street, 8-North 328 South Saginaw Street, 8-North

Flint, Michigan 48502 Flint, Michigan 48502

(810) 235-5660 (810) 235-5660

lenhofflaw@usol.com lenhofflaw@usol.com

(P32610) (P48198)

Date: 01/23/2015 Date: 01/23/2015

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