Woman in alleged Rialto Police sex scandal to file lawsuit
"I am going to go ahead and prepare a lawsuit on Nancy's behalf," said Danuta W. Tuszynska, the Riverside-based lawyer for Holtgreve. Tuszynska said the lawsuit may be filed by the end of October.
Holtgreve, a drink server at the Spearmint Rhino, alleged in her claim that several female employees of the club and police officers engaged in sex together at the Rialto Police Benefit Association's union hall. She named officers James Dobbs and Lamont Quarker in her claim, saying she had sex with each of them while they were on duty. Holtgreve alleges that she had sex with Quarker, a narcotics officer, in the Police Department's narcotics office. She also says Dobbs fathered a son she gave birth to in March.
According to Holtgreve, Dobbs, whose last day with the department was Aug. 12, intimidated and abused her after she demanded he pay child support.
The department won't say if Dobbs was fired or resigned, citing an internal investigation that has been completed and is under review.
Holtgreve alleges that Dobbs didn't want his relationship with her to hurt a custody battle with his ex-wife, or an alleged relationship with a woman who works in the department.
Dobbs and Quarker have not returned messages seeking comment.
Holtgreve alleges that the city fostered and perpetuated a culture of unwanted sexual harassment of women by male police officers, and that the department failed to protect her from Dobbs after she made authorities aware of the alleged intimidation and abuse.
In August, the city rejected much of Holtgreve's claim, saying it was not lawfully filed within six months of when many of the alleged incidents took place.
Tuszynska said the claim focused on the events which allegedly occurred after Holtgreve's son was born in March, but the city said that part of the claim didn't provide enough information to determine if there was a valid claim against the city, and it needed to be amended and re-submitted or no action would be taken.
While Tuszynska said the information provided in the claim was more than sufficient, she filed an amended claim.
The city has rejected the amended claim, which is why Tuszynska is preparing the lawsuit.
City Attorney Jimmy Gutierrez said there was very little added to the amended claim.
"I don't want to be insulting to this woman because she may have a valid claim," Gutierrez said. "(But) when I don't get a lot of vital information, that suggests to me that I don't have a valid claim."
Gutierrez outlined 42 issues in his initial response to Tuszynska.
He wrote, in part, that the claim failed to state the dates, times and places when Dobbs used his position as a peace officer to intimidate and threaten Holtgreve.
He also said the claim did not state the times, dates and places during which the city fostered and perpetuated a culture of unwanted sexual harassment of females by male police officers.
Gutierrez said the amended claim Tuszynska filed on behalf of Holtgreve failed to address the issues he brought up.
"She in no way came close to answering those questions or providing that information," Gutierrez said. "As I told her already, there is not enough information to evaluate if the city has any liability."
Tuszynska said the rejection is standard procedure and that most governmental entities reject "99 percent" of the claims that are filed against them.
"Our tort claim was more than sufficient to put this city on notice as to the various causes of action that Nancy has against the individual officers, as well as the city of Rialto," Tuszynska said. "Nonetheless, we will move forward with the lawsuit after the rejection."
Police Chief Mark Kling launched the internal investigation in May, which led to six officers. Four were placed on paid administrative leave.
Authorities have not named the officers on leave, citing the investigation under review.
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