AP NEWS

Algadi response denies ‘each and every allegation’ of civil suit

May 4, 2017 GMT

WORTHINGTON — The legal response to allegations made in a civil lawsuit against the former city administrator for Pine Island says he and his employer dispute the claims.

Abraham Algadi has been accused of assault and battery, intentional infliction of emotional distress and false imprisonment.

His new employer, the Worthington Regional Economic Development Corp., has been accused of the same charges, as well as gender discrimination, negligence in supervision, and reprisal.

The civil suit, filed in January in Nobles County District Court, was brought by a 30-year-old woman who was the executive secretary/office manager for WREDC from 2011 through April 2016.

The suit alleges she was fired in retaliation for objecting to and reporting misconduct by Algadi, who was hired by the city in May 2013.

He lost his job as the Pine Island administrator on Jan. 15, 2012, after a divided council voted to eliminate the position.

In response to the suit, James B. Sherman, attorney for the defendants, says his clients “deny each and every allegation” of the plaintiff’s complaint, and notes that the plaintiff’s “ex parte restraining order is based on (the plantiff’s) unrebutted, ex parte allegations, which are denied by Algadi.”

That document contains several affirmative defenses:

• The plaintiff’s complaint fails to state any claim upon which relief may be granted.

• The plaintiff’s complaint lacks dates on which her allegations are claimed to have taken place and her claims are barred, in whole or in part, to the extent they fall outside the applicable statutes of limitations.

• Plaintiff effectively resigned her employment by, among other things, leaving work without explanation and without requesting or receiving approval and thereafter refusing to return to work, or to meet with or even speak to … WREDC’s acting Chairman despite his efforts.

• Plaintiff’s claims against Defendant WREDC are barred for her failure to avail herself of Defendant WREDC’s measures designed to correct the conduct she alleges and complains of in her Complaint.

• Plaintiff’s claims of negligent retention/supervision, assault/battery, intentional infliction of emotional distress, and/or false imprisonment, are barred in whole or in part to the extent they arise out of the same operative facts for which the Minnesota Human Rights Act provides her exclusive remedy.

• Plaintiff’s claims and prayer for relief, including equitable relief, are barred in whole or in part under the doctrine of unclean hands.

• Plaintiff’s claims against Defendant Algadi are barred, in whole or in part, due to Plaintiff’s attempts to tortuously interfere with his employment.

The document asks the court to dismiss the lawsuit in its entirety and pass judgment in favor of Algadi and the WREDC, “awarding Defendants their costs, disbursements and reasonable attorney’s fees … along with such further relief as the Court deems just and appropriate under the circumstances.”

Sherman did not respond to a request for comment.