NEWARK − An equipment operator for the city of Newark street maintenance department filed a lawsuit against the city and his supervisors, alleging harassment, a civil conspiracy and intentional infliction of emotional distress.
Nickolas B. Curry, of Heath, seeks compensation for physical and emotional injuries and other damages, reimbursement for economic losses, changes in city street department policies and practices, compensatory damages in excess of $25,000, punitive damages and a jury trial.
In his complaint, filed Dec. 6 in Licking County Common Pleas Court, Curry states his supervisors disregarded the union contract, treated him differently than other employees and targeted him due to earned use of sick time.
Curry suffered an injury in a work-related accident on Sept. 16, 2021, and returned to work in April 2022.
The city stated in documents to Curry that he abused the use of sick time and did not always provide the required doctor's note explaining his absences. Curry said the city targeted him for discipline after his return from the injury and a Bureau of Worker's Compensation claim.
The lawsuit names as defendants the city of Newark, Service Director David Rhodes, Street Maintenance Superintendent Ralph “Buster” Prince and Greg Vickers, operations supervisor in the division of street maintenance.
“I am in fear of losing my job,” Curry wrote in a Dec. 18, 2022, complaint to the city. “I have been a faithful employee and have given 27 years to the city with all intentions of being able to retire. There has been a target on me since my work-related injury in September 2021.”
Curry wrote to Human Resources Director Bill Spurgeon about what he believed was harassment on Feb. 15 and again on May 1, then sent an email to Mayor Jeff Hall on May 14.
“I am sending this email because I have endured months of mental anguish and depression and am under constant stress due to the ongoing harassment from Ralph “Buster” Prince and David Rhodes. I am reaching out to you in an effort to try to get this harassment to stop.
“I understand this type of harassment has been going on for years and it has been overlooked or swept under the rug, but I cannot stand by and let it happen any longer. Something must be done to stop the harassment of myself and the others that have dealt with it or in fact left due to the treatment of these supervisors.”
In the city’s response, it states Curry suffered no adverse employment action, so there are no damages. The city also states Curry failed to exhaust all administrative remedies; his allegations are barred because of his own misconduct and violations of workplace policy; and he failed to minimize or mitigate damages.
Tonya Rogers, an attorney with North Canton law firm Baker, Dublikar, Beck, Wiley & Mathews, which represents the city, declined to comment on Friday.
Police body camera allegation
Curry also alleges Prince sought out Newark Police officer Ray Lewis on March 9 to conduct surveillance of Curry, using the officer’s body camera. Lewis was on special duty for Newark Development Partners and off-duty for the police department, according to the complaint.
Prince led Lewis to believe the surveillance at Curry’s private business, SupZilla, was part of a criminal investigation or a theft in office by Curry, according to the lawsuit.
“There has never been a criminal investigation of the plaintiff regarding his employment with (the street maintenance department),” the lawsuit states.
“Officer Lewis stated this had better not get me in trouble and Buster replied that he would not get in trouble because Rhodes would take care of it because of his friendship with Fred Ernest, who is affiliated with Newark Development Partners and payer of the special duty parking detail.”
The lawsuit further alleges Prince told the officer it was Rhodes who wanted the video footage. On April 3, Lewis delivered the thumb drive to Prince, the lawsuit alleges.
“The body camera footage evidences officer Ray Lewis walking into plaintiff’s business and illegally activating his body camera,” the complaint states. “Buster and/or Rhodes’ actions regarding the body camera incident were unlawful, unauthorized, intentional, defaming and designed to harass, humiliate and place the plaintiff in a false light.”
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