1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

NANCY ROSCHIVAL, 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 14-104003-CL. The judge assigned to the 

action is the Honorable Joseph J. Farah.

PARTIES AND JURISDICTION

NOW COMES Plaintiff, Nancy Roschival, by and through her attorney, the Law 

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

follows.

1. Plaintiff, Nancy Roschival (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. 

2:15-cv-10182-LJM-EAS Doc # 1 Filed 01/16/15 Pg 1 of 4 Pg ID 1
2

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 a Caucasian female.

7. In February 1995, Plaintiff became employed full-time with Hurley Medical 

Center.

8. In November 2013, Plaintiff was in the position of Human Resource 

Coordinator I, which was an exempt classified services position with Hurley Medical 

Center. Plaintiff remained in this position until her discharge in August 2014.

9. Plaintiff, at all times pertinent hereto, was qualified for said position of 

Human Resource Coordinator I.

10. Plaintiff performed the said position in a diligent and skillful manner.

11. On July 31, 2014, Plaintiff was informed that her position was being 

eliminated by Defendant.

12. With respect to said alleged “lay-off”, Defendant failed to follow the 

policies and procedures concerning lay-offs outlined in Hurley Medical Center Exempt 

Employee Handbook which Defendant was required to follow.

2:15-cv-10182-LJM-EAS Doc # 1 Filed 01/16/15 Pg 2 of 4 Pg ID 2
3

13. According to Hurley Medical Center’s Exempt Employee Handbook, which 

Defendant was required to abide by and follow, Plaintiff’s African-American co-worker, 

Jamal Dozier, should have been laid-off.

14. Plaintiff was terminated by Defendant on August 14, 2014.

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

Plaintiff was Plaintiff’s race.

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

result of her 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 terminated 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.

2:15-cv-10182-LJM-EAS Doc # 1 Filed 01/16/15 Pg 3 of 4 Pg ID 3
4

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: 02/16/2015 Date: 02/16/2015

G:/clients/roschival/complaint - fed

2:15-cv-10182-LJM-EAS Doc # 1 Filed 01/16/15 Pg 4 of 4 Pg ID 4