NYPD Officer Ann Cardenas, indicated, in an October 20, 2016 filing, that she has settled her sexual harassment lawsuit against defendants the City of New York, Sergeant David John, and Police Officer Angel Colon. The Daily News reports that the settlement amount is $535,000, allocated as $500,000 from the City, $20,000 from John, and $15,000 from Colon.
In her Third Amended Complaint, filed last November, plaintiff asserted claims of hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law.
Among her allegations:
28. During the precinct 2012 Christmas party at a Mediterranean restaurant, Defendant John said in Ms. Cardenas’s presence to Ms. Cardenas’s friend, “You’re ugly but I’ll still fuck you.”
29. A few months later, Defendant John said to Ms. Cardenas, in front of another sergeant, that she should sit on his face.
30. Prior to the spring of 2013, Defendant John had been highly inappropriate, but as of the spring of 2013, his degree of misconduct and its rate of occurrence escalated and his behavior became severely disturbing and intolerable.
31. Defendant John repeatedly called Ms. Cardenas his “work pussy” while driving in their NYPD car, in the station house, as well as in public.
32. While in a 7-11 getting coffee, Defendant John told the clerk “don’t look at my muffin”and grabbed Ms. Cardenas’s butt without Ms. Cardenas’s consent and she immediately pushed him away.
33. In front of Ms. Cardenas, Defendant John called the 7-11 employees “faggots” and told them that he would “fuck them up the ass.”
34. On numerous occasions Defendant John grabbed Ms. Cardenas’s buttocks and thighs, always without her permission and in spite of her repeatedly telling him to stop.
35. Defendant John constantly greeted other male officers in the precinct and at the front desk where members of the public were present, with “What’s up … get your dick sucked?” or “get your dick sucked today?”
54. When a new female Sergeant was assigned to the command, Defendant John said to Ms. Cardenas “I want to fuck her. I’m going to fuck her.”
55. Defendant John also showed Ms. Cardenas pictures of his penis and asked “is this big? It’s bigger than your boyfriend’s.”
56. In late 2013, Defendant John would constantly grab Ms. Cardenas and say “that’s mine.” When she told him to stop, Defendant John would say “you always let me, don’t you freaking move my hand” in spite of the fact that she quite literally never consented to him touching her.
57. Defendant John told Ms. Cardenas that he had pictures of all the female officers, including her, and that he liked her Halloween costume that she posted on Facebook and that he masturbated to the picture.
This settlement comes shortly after a September 29, 2016 Order in which the court, among other things, dismissed John’s and Colon’s common-law claims for common-law indemnification by the City.