8:22-cv-00125-RFR-SMB Doc # 1-1 Filed: 04/06/22 Page 1 of 12 - Page ID # 5
`8:22-cv-00125-RFR-SMB Doc#1-1 Filed: 04/06/22 Page 1of12-PageID#5
`
`
`
`
`
`
`EXHIBIT 1
`EXHIBIT 1
`
`

`

`8:22-cv-00125-RFR-SMB Doc # 1-1 Filed: 04/06/22 Page 2 of 12 - Page ID # 6
`
` Image ID:
`i
`SUMMONS
`Si
`D00093461D21
`|
`:
`
`
`
`Doc. No.
`
`93461
`
`IN THE DISTRICT COURT OF Scotts Bluff COUNTY, NEBRASKA
`Scotts Bluff County Courthouse
`P.O. Box 47
`Gering
`
`NE 69341 0047
`
`Angelyn Nienhuser v. Regional West Health Services
`
`Case ID:
`
`CI 22
`
`95
`
`TO:
`
`Regional West Health Services
`
`You have been sued by the following plaintiff (s) :
`
`Angelyn Nienhuser
`
`Plaintiff's Attorney:
`Address:
`
`Telephone:
`
`James R Korth
`1401 West First Street
`P.O. Box 717
`Ogallala, NE 69153
`(308) 284-4001
`
`A copy of the complaint/petition is attached. To defend this lawsuit, an
`appropriate response must be served on the parties and filed with the office of
`the clerk of the court within 30 days of service of the complaint/petition. If
`you fail to respond, the court may enter judgment for the relief demanded in the
`complaint /petition.
`
`Nebraska Supreme Court Rule 2-208 requires individuals involved in a case who
`are not attorneys and representing themselves to provide their email address to
`the court in order to receive notice by email from the court about the case.
`Complete and return the attached form to the court if representing yourself.
`
`
`
`Date:
`
`MARCH
`
`2, 2022
`
`BY THE COURT: Toad gion
`Clerk
`
`Page 1 of 2
`
`

`

`8:22-cv-00125-RFR-SMB Doc # 1-1 Filed: 04/06/22 Page 3 of 12 - Page ID # 7
`
`Image ID:
`
`D00093461D21
`
`
`
`MMONS
`
`
`
`Doc. No.
`
`93461
`
`PLAINTIFF'S DIRECTIONS FOR SERVICE OF SUMMONS AND A COPY OF THE
`COMPLAINT/PETITION ON:
`
`Regional West Health Services
`Paul E. Hofmeister,Registered Agent
`4021 Avenue B
`Scottsbluff, NE 69361
`
`BY:
`Scotts Bluff County Sheriff
`Method of service:
`Personal Service
`Special Instructions:
`Please serve the Attached copy of the Complaint
`
`You are directed to make such service within twenty days after date of issue,
`and show proof of service as provided by law.
`
`Page 2 of 2
`
`
`
`

`

`8:22-cv-00125-RFR-SMB Doc # 1-1 Filed: 04/06/22 Page 4 of 12 - Page ID # 8
`Image ID:
`D00093462D21
`
`Doc. No.
`
`93462
`
`IN THE DISTRICT COURT OF Scotts Bluff COUNTY, NEBRASKA
`Scotts Bluff County Courthouse
`P.O. Box 47
`Gering
`
`NE 69341 0047
`
`Angelyn Nienhuser v. Regional West Health Services
`
`Case ID: CI 22
`
`95
`
`TO: Regional West Medical Center
`
`You have been sued by the following plaintiff(s):
`
`Angelyn Nienhuser
`
`Plaintiff's Attorney:
`Address:
`
`Telephone:
`
`James R Korth
`1401 West First Street
`P.O. Box 717
`Ogallala, NE 69153
`(308) 284-4001
`
`A copy of the complaint/petition is attached. To defend this lawsuit, an
`appropriate response must be served on the parties and filed with the office of
`the clerk of the court within 30 days of service of the complaint/petition. If
`you fail to respond, the court may enter judgment for the relief demanded in the
`complaint/petition.
`
`Nebraska Supreme Court Rule 2-208 requires individuals involved in a case who
`are not attorneys and representing themselves to provide their email address to
`the court in order to receive notice by email from the court about the case.
`Complete and return the attached form to the court if representing yourself.
`
`Date: MARCH 2, 2022
`
`BY THE COURT:
`
`Clerk
`
`Page 1 of 2
`
`

`

`8:22-cv-00125-RFR-SMB Doc # 1-1 Filed: 04/06/22 Page 5 of 12 - Page ID # 9
`Image ID:
`D00093462D21
`
`Doc. No.
`
`93462
`
`PLAINTIFF'S DIRECTIONS FOR SERVICE OF SUMMONS AND A COPY OF THE
`COMPLAINT/PETITION ON:
`
`Regional West Medical Center
`Paul E. Hofmeister,Registered Agent
`4021 Avenue B
`Scottsbluff, NE 69361
`
`BY: Scotts Bluff County Sheriff
`Method of service: Personal Service
`Special Instructions:
`Please serve the attached copy of Complaint
`
`You are directed to make such service within twenty days after date of issue,
`and show proof of service as provided by law.
`
`Page 2 of 2
`
`

`

`8:22-cv-00125-RFR-SMB Doc # 1-1 Filed: 04/06/22 Page 6 of 12 - Page ID # 10
`
`Filed in Scotts Bluff District Court
`= EFILED **+
`Case Number: D21CI1220000095
`Transaction ID: 0018006673
`Filing Date: 02/22/2022 12:21:58 PM MST
`
`IN THE DISTRICT COURT OF SCOTTS BLUFF COUNTY,
`NEBRASKA
`
`ANGELYN NIENHUSER,
`
`Plaintiff,
`
`Vs.
`
`CASE NO. CI22-
`
`COMPLAINT
`
`)
`)
`)
`)
`)
`)
`REGIONAL WEST HEALTH
`)
`SERVICES, a Nebraska Non-Profit
`)
`Corporation, and REGIONAL
`)
`WEST MEDICAL CENTER,
`)
`A Nebraska Non-Profit Corporation, )
`)
`)
`
`Defendants.
`
`COMES NOW, the Plaintiff, ANGELYN NIENHUSER, and for her cause
`of action against the Defendant, REGIONAL WEST HEALTH SERVICES, a
`Nebraska Non-Profit Corporation, and REGIONAL WEST MEDICAL CENTER,
`a Nebraska Non-Profit Corporation, states and alleges as follows:
`
`JURISDCTION AND PARTIES
`
`
`
`1.
`
`2.
`
`3.
`
`That jurisdiction and venue are proper in Scotts Bluff County, Nebraska
`because the transactions or occurrences giving rise to Plaintiffs causes of
`action against Defendants occurred in Scottsbluff, Scotts Bluff County,
`Nebraska;
`That the Plaintiff, ANGELYN NIENHUSER, is and was at all times
`relevant herein, a resident of the State of Nebraska;
`That on information and belief, Defendant, REGIONAL WEST HEALTH
`SERVICES, is and was at all times relevant herein, a Nebraska Non-Profit
`Corporation organized, operating, and existing under the laws of the State
`of Nebraska, and at all times relevant herein, operated, managed, and
`controlled its subsidizer, Defendant, REGIONAL WEST MEDICAL
`CENTER. Defendant, REGIONAL WEST HEALTH SERVICES’
`principal place of business is Scottsbluff, Scottsbluff County, Nebraska
`69361;
`
`

`

`8:22-cv-00125-RFR-SMB Doc # 1-1 Filed: 04/06/22 Page 7 of 12 - Page ID # 11
`
`That on information and belief, Defendant, REGIONAL WEST
`MEDICAL CENTER, is and was at all times relevant herein, a Nebraska
`Non-Profit Corporation organized, operating, and existing under the laws
`of the State of Nebraska, and is and was at all times relevant herein, an
`acute care medical facility. REGIONAL WEST MEDICAL CENTER’S
`principal place of business is Scottsbluff, Scotts Bluff County, Nebraska:
`That Defendants, REGIONAL WEST HEALTH SERVICES and
`REGIONAL WEST MEDICAL CENTER, are responsible for the actions
`of their employees through the doctrine of Respondent Superior and/or
`apparent agency,
`
`.
`
`FACTS COMMON TO ALL CAUSES OF ACTION
`
`
`
`Plaintiff incorporates all preceding paragraphs as if set forth fully here.
`Plaintiff’s date of birth is January 2, 1963. She is currently 59 years old.
`Plaintiff began her employment with Defendants as a Clinical Therapist on
`February 15, 2015.
`Plaintiff’s employment with Defendants ended on April 30, 2020, when
`she was terminated from her position.
`Beginning in 2017 and continuing until April 30, 2020, employees of
`Defendant working in the Human Resources department, including but not
`limited to its then acting Director, subjected Plaintiff to derogatory
`comments, including comments directly related to her age. These
`comments occurred on at least a weekly basis. These comments were in
`direct response to Plaintiff’s requests for an increase in pay.
`In 2018, Plaintiff joined other employees of Defendants in lodging a
`formal complaint against the then acting Program Director for Clinical
`Therapy for workplace discrimination on the bases of race, religious,
`and/or national origin.
`On occasions including but not limited to August 2019, January 2020, and
`April 2020, Plaintiff discussed her wages with other Clinical Therapists
`employed by Defendants. During these conversations, Plaintiff learned
`that other Clinical Therapists, who were younger, less educated, and less
`experienced, were hired and compensated at a higher rate of pay than
`Plaintiff. In addition to receiving lower compensation than other Clinical
`Therapists employed by Defendants, Plaintiff was assigned greater duties
`
`>
`
`10.
`
`1k
`
`12.
`
`

`

`8:22-cv-00125-RFR-SMB Doc # 1-1 Filed: 04/06/22 Page 8 of 12 - Page ID # 12
`
`and responsibilities than the other Clinical Therapists, including certain
`duties and responsibilities typically discharged by a Program Director.
`13. Throughout her employment with Defendants, Plaintiff made formal
`complaints to Defendants regarding the discrepancy in her pay relative to
`other Clinical Therapists.
`14. On April 30, 2020, Defendants terminated Plaintiff’s employment.
`15. Defendants’ adverse employment decisions taken against Plaintiff,
`regarding unfair compensation during her employment, and regarding
`termination of her employment, were willful decisions directly and
`proximately based upon her age.
`16. Defendants’ adverse employment decisions taken against Plaintiff,
`regarding unfair compensation during her employment, and regarding
`termination of her employment, were made with malice and reckless
`indifference, directly and proximately based upon her decision to lodge a
`complaint against the then acting Program Director for workplace
`discrimination based upon race, religion, and/or national origin.
`17. Plaintiff filed her Charge of Discrimination with the Nebraska Equal
`Opportunity Commission and EEOC on October 27, 2020. The Nebraska
`Equal Opportunity Commission Determination was issued on September
`17,2021 and the EEOC Dismissal and Notice of Rights was issued on
`November 24, 2021.
`
`FIRST CAUSE OF ACTION — ADEA (DISPARATE TREATMENT)
`
`
`
`18. Plaintiff incorporates all preceding paragraphs as if set forth fully here.
`19. Plaintiff was over forty years of age at all times relevant herein.
`20. Plaintiff suffered from adverse employment decisions made by
`Defendants, to wit: unfair compensation during her employment and
`termination of her employment.
`21. Plaintiff was duly qualified as both a Clinical Therapist and Therapist and
`was meeting all of Defendants’ reasonable expectations of employment at
`the time of receiving unfair compensation during her employment with
`Defendants and at the termination of her employment.
`22. On information and belief, after Defendants terminated her employment,
`Plaintiff was replaced with an individual sufficiently young enough and
`
`

`

`8:22-cv-00125-RFR-SMB Doc # 1-1 Filed: 04/06/22 Page 9 of 12 - Page ID # 13
`
`under forty years of age, so as to permit a reasonable inference of age
`discrimination.
`23. Defendants, as a result of their disparate treatment of Plaintiff, described
`more fully herein, directly and proximately caused damage to Plaintiff,
`described more fully herein.
`
`SECOND CAUSE OF ACTION — ADEA (HOSTILE WORKPLACE
`ENVIRONMENT
`
`
`
`
`
`24. Plaintiff incorporates all preceding paragraphs as if set forth fully here.
`25. Beginning in 2017 and continuing until April 30, 2020, employees of
`Defendant working in the Human Resources department, including but not
`limited to its then acting Director, subjected Plaintiff to derogatory
`comments, including comments directly related to her age. These
`comments occurred at least a weekly basis. These comments were in direct
`response to Plaintiffs requests for an increase in pay.
`26. The conduct of Defendants’ employees, described above, was not
`welcomed by Plaintiff.
`27. The conduct of Defendants’ employees, described above, was motived by
`Plaintiff’s age.
`28. The conduct of Defendants’ employees, described above, was so severe
`and pervasive that a reasonable person in Plaintiff’s position would have
`found such conduct hostile or abusive.
`29. Plaintiff believed her workplace environment while employed by
`Defendants to be hostile or abusive as a result of the conduct of
`Defendants’ employees, described above.
`30. The conduct of Defendants’ employees, described above, directly and
`proximately resulted in adverse employment decisions made by
`Defendants, to wit: unfair compensation during her employment and
`termination of her employment.
`31. Defendants’ management knew or should have known about the conduct
`of Defendants’ employees, described above.
`32. Defendants, as a result of the hostile workplace environment to which they
`subjected Plaintiff, described more fully herein, directly and proximately
`caused damage to Plaintiff, described more fully herein.
`
`

`

`8:22-cv-00125-RFR-SMB Doc # 1-1 Filed: 04/06/22 Page 10 of 12 - Page ID # 14
`
`THIRD CAUSE OF ACTION —- TITLE VII (RETALIATION)
`
`
`
`33.
`34.
`
`35.
`36.
`
`37.
`
`38.
`
`Plaintiff incorporates all preceding paragraphs as if set forth fully here.
`By lodging a formal complaint against the then acting Program Director
`for Clinical Therapy for workplace discrimination on the bases of race,
`religious, and/or national origin, Plaintiff engaged in protected activity as
`contemplated by Title VIL.
`Defendants had actual knowledge of Plaintiff’s protected activity.
`Defendants engaged in adverse employment decisions relative to
`Plaintiff’s employment, to wit: unfair compensation during her
`employment and termination of her employment.
`Defendants’ adverse employment decisions relative to Plaintiff's
`employment were directly and proximately caused by Plaintiff engaging in
`the protected activity described above.
`Defendants, as a result of their retaliation against Plaintiff, described more
`fully herein, directly and proximately caused damage to Plaintiff,
`described more fully herein.
`
`FOURTH CAUSE OF ACTION — NEBRASKA FAIR EMPLOYMENT
`PRACTICE ACT (RETALIATION)
`
`
`
`
`
`39.
`40.
`
`41.
`42.
`
`43.
`
`44.
`
`Plaintiff incorporates all preceding paragraphs as if set forth fully here.
`By lodging a formal complaint against the then acting Program Director
`for Clinical Therapy for workplace discrimination on the bases of race,
`religious, and/or national origin, Plaintiff engaged in protected activity as
`contemplated by the Nebraska Fair Employment Practice Act.
`Defendants had actual knowledge of Plaintiff’s protected activity.
`Defendants engaged in adverse employment decisions relative to
`Plaintiff’s employment, to wit: unfair compensation during her
`employment and termination of her employment.
`Defendants’ adverse employment decisions relative to Plaintiff's
`employment were directly and proximately caused by Plaintiff engaging in
`the protected activity described above.
`Defendants, as a result of their retaliation against Plaintiff, described more
`fully herein, directly and proximately caused damage to Plaintiff,
`described more fully herein.
`
`

`

`8:22-cv-00125-RFR-SMB Doc # 1-1 Filed: 04/06/22 Page 11 of 12 - Page ID # 15
`
`DAMAGES
`
`45. Plaintiff incorporates all preceding paragraphs as if set forth fully here.
`46. As a direct and proximate result of Defendants’ conduct described more
`fully above, including their adverse employment decisions relative to
`Plaintiff's employment, to wit: unfair compensation during her
`employment and termination of her employment, Plaintiff sustained
`damages that include, without limitation, the following:
`a.
`Lost wages (front and back pay) in amounts to be proven at the
`time of trial herein;
`Lost fringe benefits in amounts to be proven at the time of trial
`herein;
`Emotional pain and suffering and emotional distress, in an amount
`to be proven at the time of trial herein; and
`Attorney’s fees and costs.
`
`b.
`
`¢.
`
`d.
`
`DEMAND FOR JURY
`
`
`
`47. Plaintiff incorporates all preceding paragraphs as if set forth fully here.
`48. Plaintiff requests a jury trial on its causes of action set forth herein.
`
`PRAYER FOR RELIEF
`
`B.
`C.
`
`WHEREFORE, on its causes of action against the Defendants, Plaintiff
`prays for judgment, jointly and severally against each such Defendant, as follows:
`A.
`For lost wages (front pay and back pay) in amounts to be proven at the
`time of trial herein;
`For lost fringe benefits in amounts to be proven at the time of trial herein;
`For liquidated damages in amounts to be proven at the time of trial herein
`(ADEA claims only);
`For punitive damages in amounts to be proven at the time of trial herein
`(Title VII claim only);
`For emotional pain and suffering and emotional distress in an amount to
`be proven at the time of trial herein (Title VII claim only);
`For prejudgment and post-judgment interest as allowed by law;
`
`

`

`8:22-cv-00125-RFR-SMB Doc # 1-1 Filed: 04/06/22 Page 12 of 12 - Page ID # 16
`
`G. For attorney’s fees and costs; and
`H. For such other and further relief as the Court deems just and equitable.
`
`ANGELYN NIENHUSER, Plaintiff
`
`
`
`/s/ James R. Korth
`JAMES R. KORTH, #22674
`Reynolds, Korth & Samuelson, PC.,L.L.O.
`1401 West first Street, P.O. Box 717
`Ogallala, NE 69153
`Ph: 308-284-4001 Fx: 308-284-8319
`jrk@rkslawoffice.com
`
`