IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

MELISSA McFADDEN, :

: Civil Action No. 2:18-cv-544

Plaintiff, :

:

v. : JUDGE SARGUS

: MAGISTRATE JUDGE JOLSON

CITY OF COLUMBUS, :

:

Defendant. :

AMENDED STIPULATION OF FACTS

1. On November 3, 2017, Columbus Division of Police Sergeant Christopher Odom,

African-American, made a complaint to the Internal Affairs Bureau (‘IAB’) that bears

case number 201711-1015 alleging that Commander Rhonda Grizzell, Caucasian, and 

Lieutenant Lowell Rector, Caucasian, engaged in EEO misconduct by creating a hostile 

work environment, engaging in racial discrimination, and directing retaliatory actions 

against him. At the time this complaint was made, Lieutenant Rector was assigned to 

L2B, Sgt. Odom’s direct supervisor, and Commander Grizzell at the time of the 

complaint was serving as the Zone 2 Commander, two levels above Sgt. Odom in the 

chain of command. Neither Commander Grizzell nor Lieutenant Rector were reassigned

as a result of Sergeant Odom’s complaint against them and both retained their 

supervisory authority.

2. Upon becoming aware of Sergeant Odom’s allegations, the Columbus Division of Police

initiated an investigation into the matter. During the investigation, Sergeant Odom was 

permitted to report to a different chain of command. He was given a different lieutenant 

to supervise him, as well to whom to report. Though Commander Grizzell was two ranks 

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above him, Sergeant Odom was also afforded a different commander in his chain of 

command. At the time of the incident, Lieutenant Rector’s supervisor was Commander 

Grizzell. Commander Grizzell’s supervisor was Deputy Chief Richard Bash.

3. On August 23, 2017, Columbus Division of Police Sergeant Kim Edley, AfricanAmerican, made a complaint to the Internal Affairs Bureau (‘IAB’) that bears case

number 201709-1013 alleging that her direct supervisor, Lieutenant Christine Nemchev, 

Caucasian, created a hostile work environment and discriminated against her because of

her race. Lieutenant Nemchev was not reassigned as a result of Sergeant Edley’s 

complaint against her and she retained her supervisory authority.

4. Upon becoming aware of the allegations, the Columbus Division of Police initiated an 

investigation. During the investigation, Lieutenant Nemchev was ordered to work a 

different shift, and change her work hours to avoid contact with Sergeant Edley. The 

Lieutenant was also not permitted to enter police headquarters during Sergeant Edley’s 

work hours. Sergeant Edley was reassigned to a different lieutenant. At the time of the 

incident, Lieutenant Nemchev’s direct supervisor was Commander Suzanne Curmode.

5. On November 19, 2018, Columbus Division of Police Officer Nicholas Reaper,

Caucasian, made a complaint to the Internal Affairs Bureau (‘IAB’) that bears case 

number 201811-1021 alleging that Lieutenant Duane Mabry, Caucasian, two levels 

above Officer Reaper in his chain of command, created a hostile work environment. At 

the time this complaint was made, Lieutenant Mabry was assigned to L2B. Lieutenant 

Mabry was not reassigned as a result of Officer Reaper’s complaint against him and he 

retained his supervisory authority.

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6. Upon becoming aware of the allegations, the Columbus Division of Police initiated an 

investigation. During the investigation, Lieutenant Mabry did not supervise Officer 

Reaper. Additionally, weeks into the investigation, Officer Reaper went out on personal 

leave followed by military leave for months. At the time of the incident, Lieutenant 

Mabry’s direct supervisor was Commander Rhonda Grizzell.

7. On August 26, 2016, Columbus Division of Police civilian support clerk, Christine

Hutton, Caucasian, made a complaint to the Internal Affairs Bureau (‘IAB’) that bears

case number 201608-1041 alleging that her supervisor Sergeant Jason Grunkemeyer, 

Caucasian, created a hostile work environment. Sergeant Grunkmeyer was not 

reassigned as a result of Ms. Hutton’s complaint against him and he retained his 

supervisory authority.

8. Upon becoming aware of the allegations, the Columbus Division of Police initiated an 

investigation. During the investigation, Ms. Hutton reported to a different sergeant until 

she eventually took a position in another City department. At the time of the incident, 

Sergeant Grunkmeyer’s supervisor was Lieutenant William Morrison.

9. In September 2014, Columbus Division of Police Officer Eric Cornett, AfricanAmerican, and Sergeant Doug Williams, African-American, made a complaint to the 

Internal Affairs Bureau (‘IAB’) that bears case number 201409-0036 alleging an Equal 

Employment Opportunity violation against Sergeant Eric Moore, Caucasian. At first, 

Sergeant Moore was not reassigned as a result of Officer Cornett and Sergeant Williams’

complaint against him and he retained his supervisory authority. Sergeant Moore 

ultimately took a new assignment and was later reassigned.

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10. Upon becoming aware of the allegations, the Columbus Division of Police initiated an 

investigation. Neither Officer Cornett nor Sergeant Williams were supervised or reported 

to Sergeant Moore. At the time of the incident, Sergeant Moore’s direct supervisor was 

Lieutenant Ty Brust.

11. On November 11, 2016, Officer Falacia Dragin, African-American, made a complaint to 

the Internal Affairs Bureau (‘IAB’) that bears case number 201611-1030 alleging her direct 

supervisor Sergeant Kyle Fishburn, Caucasian, created a hostile work environment. 

Sergeant Fishburn was not reassigned as a result of Officer Dragin’s complaint against 

him and he retained his supervisory authority.

12. Upon learning ofthe allegation, theColumbus Division of Police initiated an investigation.

No additional measures were necessary in this instance to separate Officer Dragin from 

Sergeant Fishburn during the course of the administrative investigation.

13. On October 10, 2012, Columbus Division of Police Sergeant Christopher Smith Hughes, 

African-American, made a complaint to the Internal Affairs Bureau (‘IAB’) that bears

case number 201211–0138 alleging Officer Charles Meinhart, Caucasian, made a racist

remark to him. Officer Meinhart was not reassigned as a result of Sergeant SmithHughes’ complaint against him and he retained his supervisory authority.

14. Upon learning ofthe allegation, theColumbus Division of Police initiated an investigation.

At the time of the incident, Officer Meinhart was equal rank to Sergeant Smith-Hughes. 

He also did not have the same supervisor as Lieutenant Melissa McFadden.

Respectfully Submitted,

/s/ Samuel M. Schlein (Per Email Auth.)

John S. Marshall (0015160)

Samuel M. Schlein (0092194)

Marshall Forman and Schlein LLC

/s/ Paul M. Bernhart

Westley M. Phillips (0077728)

Susan E. Williams (0073375)

Paul M. Bernhart (0079543)

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250 Civic Center Drive, Suite 480

Columbus, Ohio 43215

(614) 463-9790

(614) 463-9780 (fax)

jmarshall@marshallforman.com

sschlein@marshallforman.com

Attorneys for Plaintiff

Assistant City Attorneys

City of Columbus, Department of Law

Zach Klein, City Attorney

77 North Front Street

Columbus, Ohio 43215

(614) 645-7385

(614) 645-6949 (fax)

wmphillips@columbus.gov

sewilliams@columbus.gov

pmbernhart@columbus.gov

Attorneys for Defendant

CERTIFICATE OF SERVICE

I hereby certify that on June 1, 2022, I electronically filed the foregoing with the Clerk of 

the Court by using this Court’s CM/ECF system, which will send a notice of this electronic filing 

to all counsel of record in this matter.

s/ Paul M. Bernhart

Paul M. Bernhart (0079543)

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