Eagles Nest BBS 5/Eagles_Nest_Mac_Collection_Disc_5.TOAST/Other Non-Macintosh Text/PaulaJones

Text File | 1994-05-14 | 28KB | 593 lines

Subject: Jones vs Clinton - Complaint
The following is claimed to be the Complaint filed by
Paula Jones last Friday:

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION


PAULA CORBIN JONES

Plaintiff,                      CIVIL ACTION
                            :   NO. 94-290
v.

WILLIAM JEFFERSON CLINTON
                             :   JURY TRIAL DEMANDED
and

DANNY FERGUSON
Defendants.
                               COMPLAINT


      Plaintiff Paula Corbin Jones, by counsel, brings this action
to obtain redress for the deprivation and conspiracy to
deprive Plaintiff of her federally protected rights as
hereafter alleged, and for intentional infliction of
emotional distress, and for defamation.

JURISDICTION
1. This Court has subject matter jurisdiction pursuant to
(a) 28 U.S.C. 1331, because the case arises under the
Constitution and laws of the United States; (b) 28 U.S.C.
1343, because this action seeks redress and damages for
violation of 42 U.S.C. 1983 and 1985 and, in particular, the
due process and equal protection provisions of the United
States Constitution, including the rights protected in the
Fifth and Fourteenth Amendments thereof; and (c) 28 U.S.C.
1232, since there is diversity of citizenship and this is a
civil action involving, exclusive of interest and costs, a
sum in excess of $50,000.00. This Court also has
jurisdiction over the causes of action alleged in Counts III
and IV pursuant to federal pendant jurisdiction.
2. Venue is appropriate in this judicial district under 28
U.S.C. 1391(b), because Defendants William Jefferson Clinton
and Danny Ferguson reside here, and a substantial part of
the events giving rise to this Complaint occurred here.

THE PARTIES
3. Plaintiff Paula Corbin Jones (hereafter "Jones") is a
citizen of the State of California. Prior to her marriage on
December 28, 1991, Plaintiff was known as Paula Rosalee
Corbin.
4. Defendant William Jefferson Clinton (hereafter "Clinton")
is a citizen of the State of Arkansas or alternatively of
the District of Columbia.
5. Defendant Danny Ferguson (hereafter ''Ferguson'') is a
citizen of the State of Arkansas.

FACTS
6.  On or about March 11, 1991, Jones began work as an
Arkansas State employee for the Arkansas Industrial
Development Commission (hereafter "AIDC"), an agency within
the executive branch of the state of Arkansas. The Governor
of Arkansas is the chief executive officer of the executive
branch of the State of Arkansas.
7. On May 8, 1991, the AIDC sponsored the Third Annual
Governor's Quality Management Conference (hereafter
"Conference"), which was held at the Excelsior Hotel in
Little Rock, Arkansas. Clinton, then Governor of Arkansas,
delivered a speech at the Conference on that day.
8. Also on that day, Jones worked at the registration desk
at the Conference along with Pamela Blackard (hereafter
"Blackard") another AIDC employee.
9. A man approached the registration desk and informed Jones
and Blackard that he was Trooper Danny Ferguson, Bill
Clinton's bodyguard. Defendant Ferguson was at that time a
law enforcement officer within the ranks of the Arkansas
State Police and assigned to the Governor's Security Detail.
He was in street clothes and displayed a firearm on his
person. He made small talk with Jones and Blackard and then
left.
10. At approximately 2:30 p.m. on that day, Ferguson
reappeared at the registration desk, delivered a piece of
paper to Jones with a four digit number written on it and
said: "The Governor would like to meet with you" in this
suite number. Plaintiff had never met Defendant Clinton and
saw him in person for the first time at the Conference.
11. A three-way conversation followed between Ferguson,
Blackard and Jones about what the Governor could want.
Jones, who was then a rank-and-file Arkansas state employee
being paid approximately S6.35 an hour, thought it was an
honor to be asked to meet the Governor. Ferguson stated
during the conversation: "It's okay, we do this all the time
for the Governor."
12. Jones agreed to meet with the Governor because she
thought it might lead to an enhanced employment opportunity
with the State. Blackard told Jones that she would assume
Plaintiff's duties at the registration desk.
13. Trooper Ferguson then escorted Jones to the floor of the
hotel suite whose number had been written on the slip of
paper Trooper Ferguson had given to Jones. The door was
slightly ajar when she arrived at the suite.
14. Jones knocked on the door frame and Clinton answered.
Plaintiff entered. Ferguson remained outside.
15. The room was furnished as a business suite, not for an
overnight hotel guest. It contained a couch and chairs, but
no bed.
16. Clinton shook Jones' hand, invited her in, and closed
the door.
17. A few minutes of small talk ensued, which included
asking Jones about her job. Clinton told Jones that Dave
Harrington is "my good friend." On May 8, 1991, David
Harrington was Director of the AIDC, having been appointed
to that post by Governor Clinton. Harrington was Jones'
ultimate superior within the AIDC.
18. Clinton then took Jones' hand and pulled her toward him,
so that their bodies were in close proximity.
19. Jones removed her hand from his and retreated several
feet.
20. However, Clinton approached Jones again. He said: "I
love the way your hair flows down your back" and "I love
your curves." While saying these things, Clinton put his
hand on Plaintiff's leg and started sliding it toward the
hem of Plaintiff's culottes. Clinton also bent down to
attempt to kiss Jones on the neck.
21. Jones exclaimed, "What are you doing?" and escaped from
Clinton's physical proximity by walking away from him. Jones
tried to distract Clinton by chatting with him about his
wife. Jones later took a seat at the end of the sofa nearest
the door. Clinton asked Jones: "Are you married?" She
responded that she had a regular boyfriend. Clinton then
approached the sofa and as he sat down he lowered his
trousers and underwear exposing his erect penis and asked
Jones to "kiss it."
22. There were distinguishing characteristics in Clinton's
genital area that were obvious to Jones.
23. Jones became horrified, jumped up from the couch, stated
that she was "not that kind of girl" and said: "Look, I've
got to go." She attempted to explain that she would get in
trouble for being away from the registration desk.
24. Clinton, while fondling his penis said: "Well, I don't
want to make you do anything you don't want to do." Clinton
then stood up and pulled up his pants and said: "If you get
in trouble for leaving work, have Dave call me immediately
and I'll take care of it." As Jones left the room Clinton
looked sternly at Jones and said: "You are smart. Let's keep
this between ourselves."
25. Jones believed "Dave" to be the same David Harrington,
of whom Clinton previously referred. Clinton, by his
comments about Harrington to Jones, affirmed that he had
control over Jones' employment, and that he was willing to
use that power. Jones became fearful that her refusal to
succumb to Clinton's advances could damage her in her job
and even jeopardize her employment.
26. At no time, nor in any manner, did Jones encourage
Clinton to turn the meeting toward a sexual liaison. To the
contrary, the unwanted sexual advances made by Clinton were
repugnant and abhorrent to Jones who took all reasonable
steps she could think to do to terminate Clinton's perverse
attention and actions toward her.
27. Jones left the hotel suite and came into the presence of
Trooper Ferguson in the hallway. Ferguson did not escort
Plaintiff back to the registration desk. Jones said nothing
to Ferguson and he said nothing to her during her departure
from the suite.
28. Jones was visibly shaken and upset when she returned to
the registration desk. Pamela Blackard immediately asked her
what was wrong. After a moment, during which Jones attempted
to collect herself, she told Blackard much of what had
happened. Blackard attempted to comfort Plaintiff.
29. Jones thereafter left the Conference and went to the
work place of her friend, Debra Ballentine.
30. When Ballentine met Plaintiff at the reception area, she
immediately asked Jones what was wrong because Jones was
visibly upset and nervous. Plaintiff wanted to talk about
something that just happened and wanted to discuss it
someplace privately. Ballentine and Jones went to a private
area in the office, and later outside. Jones then told
Ballentine what had happened with Clinton in the hotel
suite. According to Ballentine, Jones told her that Clinton
said as she left the room, "I know you're a smart girl and
I'm sure you'll keep this to yourself."
31. Ballentine urged Jones to report the incident. Plaintiff
refused, fearing that, if she did so, no one would believe
her account, that she would lose her job, and that the
incident would endanger her relationship with her
then-fiance (now husband), Stephen Jones.
32. Later, on the same day, Plaintiff also described the
substance of her encounter with Clinton to her sister,
Charlotte Corbin Brown.
33. Within two days of May 8, 1991, Plaintiff also informed
her sister, Lydia Corbin Cathey, and her mother, Delmar Lee
Corbin, the substance of her encounter with Clinton.
34. Plaintiff also told her fiance, Stephen Jones, that
"Bill Clinton made a pass at me but I said 'no'." She,
however, did not at that time tell him the lurid details of
her horrific encounter with Clinton in the hotel suite,
which she feared, if disclosed, might ruin her relationship
with Mr. Jones.
35. Plaintiff continued to work at AIDC. One of her duties
was to deliver documents to and from the Office of the
Governor, as well as other offices within the Arkansas State
Capitol complex. In or about June, 1991, while Jones was
performing this duty, Ferguson saw her at the Governor's
office and said: "Bill wants your phone number.
Hillary's out of town often and Bill would like to see
you." Plaintiff refused to provide her telephone number.
36. On another occasion, Ferguson approached Jones and
asked: "How's Steve?" This frightened Plaintiff and made her
feel as if she was being watched and was not safe. She had
never told Ferguson or Clinton the name of her fiance.
37. Plaintiff and Stephen Jones later married. She gave
birth to her child and returned to work, after which she
encountered Ferguson at Governor Clinton's office. Ferguson
told her: "I've told Bill how good looking you are since
you've had the baby." This, too, frightened Plaintiff and
made her feel that her activities were being monitored.
38. On one occasion, Plaintiff was accosted by Clinton in
the Rotunda of the Arkansas State Capitol. Clinton draped
his arm over Plaintiff, pulled her close and tightly to his
body and said: "Don't we make a beautiful couple -- beauty
and the beast?" Clinton directed this remark to his
bodyguard, Trooper Larry Patterson, an officer of the
Arkansas State Police and also a member of the Governor's
Security Detail.
39. Jones continued to work at AIDC even though she was in
constant fear that Governor Clinton might take retaliatory
action against her because of her rejection of his abhorrent
sexual advances. Her enjoyment of her work was severely
diminished. In fact, she was treated in a hostile and rude
manner by certain superiors in AIDC. This rude conduct had
not happened prior to her encounter with Clinton. Further,
after her maternity leave she was transferred to a position
which had no responsible duties for which she could be
adequately evaluated to earn advancement. The reason
given to her by her superiors for the transfer was that her
previous position had been eliminated. This reason was
untrue since her former position was not abolished. It was a
pretext for the real reason which was that she was being
punished for her rejection of the various advances made by
Clinton described above. In addition, the job in which she
was placed called for a higher grade and pay, yet she was
not paid more money than she received in her previous
position. Although other employees received merit increases,
Jones never received a raise beyond a cost of living
increase.
40. Jones terminated her employment and separated from AIDC
service on February 20, 1993.  On May 4, 1993, Plaintiff,
her husband and child moved to California.
41. In January, 1994, Plaintiff visited her family and
friends in Arkansas. While Jones was in Arkansas, Ms.
Ballentine telephoned Jones to arrange a meeting for lunch.
During the telephone conversation, Ballentine read to
Plaintiff a paragraph from an article published in the
January, 1994 issue of The American Spectator magazine
regarding Plaintiff's hotel suite encounter with Clinton.
Attached hereto, and incorporated herein, as Exhibit "A" is
a copy of The American Spectator article.
42. The American Spectator account asserts that a woman by
the name of "Paula" told an unnamed trooper (obviously
Defendant Ferguson), who had escorted "Paula" to Clinton's
hotel room, that "she was available to be Clinton's regular
girlfriend if he so desired," thus implying a consummated
and satisfying sexual encounter with Clinton, as well
as a willingness to continue a sexual relationship with
him. These assertions are untrue.
The article, using information apparently derived from
Ferguson, also incorrectly asserts that the encounter took
place in the evening.
43. The American Spectator account also asserted that the
troopers' "'official' duties included facilitating Clinton's
cheating on his wife. This meant that, on the State payroll,
and using State time, vehicles and resources, they were
instructed by Clinton on a regular basis to approach women
and to solicit their telephone numbers for the Governor, to
drive him in State vehicles to rendezvous points and guard
him during sexual encounters; to secure hotel rooms and
other meeting places for sex; ..." and various other things
to facilitate Clinton's sex life including "to help Clinton
cover-up his activities by keeping tabs on Hillary's
whereabouts and lying to Hillary about her husband's
whereabouts." Although this pattern of conduct by Clinton
may be true, the magazine article concluded, evidently from
interviews with troopers from Clinton's Security Detail,
including Ferguson, that "all of the women appear to have
been willing participants in the affairs and liaisons
[emphasis added]."
44. Since Jones ("Paula") was one of the women preyed upon
by Clinton and his troopers, including by Defendant
Ferguson, in the manner described above, those who read this
magazine account could conclude falsely that Jones ("Paula")
had a sexual relationship and affair with Clinton. Jones
reputation within her community was thus seriously damaged.
45. Jones realized that those persons who already knew about
the hotel room encounter could identify her as the "Paula"
mentioned in The American Spectator article. She became
extremely upset because, inter alia, she feared that the
statements in the magazine would damage her relationship
with her husband, her family, and her friends and
acquaintances, some of whom might have believed that she had
agreed to be Clinton's "girlfriend" at a time when she was
engaged to Mr. Jones.
46. On January 8, 1994, at approximately 12:00 noon, Jones
and Ballentine were dining at the Golden Corral Steakhouse
in North Little Rock, Arkansas. Trooper Ferguson, who
happened to be dining with his wife at this restaurant, came
over to their table to talk to Jones. Since Jones believed
that the ultimate source of the report in The American
Spectator of the hotel suite encounter was Trooper Ferguson,
she confronted him on this matter. Trooper Ferguson stated
that he was sorry that Jones' first name had appeared in the
magazine article but that he had purposely concealed her
last name and place of employment from those to whom he
recounted the incident. Trooper Ferguson also said that he
knew Jones had rebuffed Mr. Clinton's sexual advances
because, "Clinton told me you wouldn't do anything anyway,
Paula."
47. Because the false statements appearing in The American
Spectator article that Jones was willing to have sex with
Clinton (and the innuendo that she had already done so when
she left the hotel suite) threatened her marriage, her
friendships, and her family relationships, Plaintiff spoke
publicly on February 11,
1994, that she was the "Paula" mentioned in The American
Spectator article, that she had rebuffed Clinton's sexual
advances, and that she had not expressed a willingness to be
his girlfriend. Jones and her lawyer asked that Clinton
acknowledge the incident, state that Jones had rejected
Clinton's advances, and apologize to Jones.
48. Clinton, who is now President of the United States of
America responded to Jones' request for an apology by having
his press spokespersons deliver a statement on his behalf
that the incident never happened, and that he never met
Plaintiff. Thus, by innuendo and effect, Clinton publicly
branded Plaintiff a liar. Moreover, as recently as the week
this Complaint was filed, Clinton, through his White House
aides, stated that Plaintiff's account of the hotel room
incident was untrue and a "cheap political trick."
49. Clinton hired an attorney, who, as Clinton's agent, said
that Jones' account "is really just another effort to
rewrite the results of the election [i.e. for President of
the United States] and ... distract the President from his
agenda." The attorney further asked the question: "Why are
these claims being brought now, three years after the fact?
The attorney also asked how Jones allegations could be
taken "seriously." These comments by Clinton's counsel, on
behalf of Clinton, imply that Jones is a liar.
50. Dee Dee Meyers, White House Spokeswoman, said of Jones'
allegations: "It's just not true." Thus, the pattern of
defaming Jones continues to this date.
51. Clinton knows that Jones' allegations are true and that
his, and his attorney's, spokespersons', and agents' denials
are false.
52. The outrageous nature of Clinton's branding of Jones as
a liar is aggravated in that a greater stigma and reputation
loss is suffered by Jones by the statements of the President
of the United States in whom the general public reposes
trust and confidence in the integrity of the holder of that
office.
53. Clinton, a member of the Arkansas State Bar, knew or
should have known on May 8, 1991, and thereafter, that
Arkansas law provides that harassment, including the
touching or attempt or threat to do so which subjects the
victim to offensive or potentially offensive physical
contact, is a criminal violation of Arkansas Code Annotated
5-71-208.
54. While Jones was in Clinton's hotel suite, Jones was
falsely imprisoned by Clinton's intentional restriction of
her personal freedom of movement without legal right.
Clinton's use of force in pulling Jones toward him, his
words and acts, and the armed police guard outside the door,
in conjunction with the impressive atmosphere of her being
alone with the Governor of the State who was also her
superior's boss, caused her to be initially and temporarily
afraid to terminate the meeting.
55. The statements, acts, and omissions of Clinton's agents,
servants, and employees who acted under his explicit and
implicit instructions and supervision, during the pertinent
periods herein when he was Governor of Arkansas, and after
he became President,
bind Clinton under the doctrines of agency, joint conduct,
master servant, respondeat superior, and conspiracy.
56. The actions of the Arkansas state employees, including
Defendant Ferguson and other agents of Clinton were taken
under color of state law.
57. Clinton's actions and omissions above stated caused
Jones embarrassment, humiliation, fear, emotional distress,
horror, grief, shame, marital discord and loss of
reputation.

COUNT I

DEPRIVATION OF CONSTITUTIONAL RIGHTS AND PRIVILEGES
(42 U.S.C. 1983)

58. Plaintiff incorporates by reference paragraphs 1 through
57.
59. Plaintiff is entitled to the equal protection of the
laws under the Fourteenth Amendment of the United States
Constitution, and due process of law under the Fifth and
Fourteenth Amendments of the United States Constitution.
60. Defendant Clinton, as Governor of Arkansas, acting under
color of state law, discriminated against Plaintiff because
of her gender by sexually harassing and assaulting her on
May 8, 1991, and thereafter, and this deprived Jones of her
right to equal protection of the law.
61. Further, he continued personally, and through agents, to
impose a hostile work environment on Plaintiff in which she
feared the loss of her employment and the possible adverse
employment actions against her, including job discrimination
and monitoring of her personal life. As described above she
was placed in a category separate from other public employees
in that she was actually subjected to hostility by her
superiors, which deprived her of an opportunity for
advancement and she suffered an economic depravation.
62. Plaintiff, as a citizen and Arkansas state employee, was
entitled to due process protection of freedom from arbitrary
action which jeopardized her property interest in her public
employee job in that she should not have been subjected
arbitrarily to the fear of losing that job or of having to
provide sex to the Governor as a quid pro quo for keeping
the job. Further, she should not have been subjected
arbitrarily to the fear of losing the enjoyment of a proper
and pleasant work environment, or to other adverse actions
which she feared and which deprived her of the proper
enjoyment and efficiency of her work. Clinton's actions
deprived Jones of her due process liberty and property
interests guaranteed to her by the Constitution of the
United States.
63. Plaintiff also was entitled to a due process liberty
interest in her reputation as an honest public employee.
Clinton's actions and statements deprived Jones of these
rights.
64. Plaintiff, for a brief period of time, was held against
her will by the oppressive atmosphere of intimidation caused
by the presence of the highest official of the State of
Arkansas and an armed guard at the door. Not only was she
subjected to unwelcome sexual advances, but also Was
personally restrained and imprisoned
by the seizing of her person, against her will, by Clinton
and his agent.
65. The above-described actions of Clinton were undertaken
when he was acting under the color of state law, as Governor
of Arkansas, and said actions deprived Jones of federal
equal protection and due process rights guaranteed by the
Fifth and Fourteenth Amendments of the United States
Constitution, and made actionable by 42 U.S.C.  1983 (The
Civil Rights Act) .
COUNT II
CONSPIRACY TO DEPRIVING PERSONS OF EQUAL PROTECTION OF THE LAWS
                (42 U.S.C.  1985)

66. Plaintiff incorporates by reference paragraphs 1 through
65.
67. Clinton conspired with his Security Detail, including
with Defendant Ferguson, and perhaps with others currently
unknown to this Plaintiff, to deprive Jones of equal
protection of the laws and of equal privileges and
immunities under the laws, as further set forth in Count I
above.
68. The conspirators committed some acts in furtherance of
the conspiracy which included contacting Jones and bringing
her to Clinton on May 8, 1991 to permit him to attempt to
entice her on to have a sexual liaison with him.
69. As a result of the conspiracy, Jones was injured by
Defendants in her person and property and deprived of having
and exercising her rights and privileges as a citizen of the
United States, as is more fully set forth in Count I.


                                COUNT III
                INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS



70. Plaintiff incorporates by reference paragraphs 1 through
69.
71. The conduct of Clinton herein set forth was odious,
perverse and outrageous. Not only were the acts of sexual
perversity unwelcome by Jones, but they were wilful, wanton,
reckless, intentional, persistent and continuous in the
hotel room.
72. Clinton's sexual advances, assaults upon and
imprisonment of Jones' person, and his exposure of his erect
penis and his requests of acts to be performed thereupon
were extreme, intentional, and caused Jones severe emotional
distress.
73. Not content with the events in the hotel on May 8, 1991,
Clinton on subsequent occasions, acting himself and through
his agents, as specified above, aggravated further the
initial severe emotional damage to Jones.
74. These actions were so outrageous in character, and
extreme in degree, as to go beyond all possible bounds of
decency, and to be regarded as atrocious and utterly
intolerable in a civilized society.

                                COUNT IV
                                DEFAMATION

75. Plaintiff incorporates by reference paragraphs 1 through
74.
76.  On several occasions on and after February 11, 1994,
Clinton, and his agents and employees acting pursuant to his
direction, maliciously and wilfully, defamed Jones by making
statements which Clinton knew to be false. These statements
were made with the intent and certain knowledge that they
would be reprinted in the print and other media.
77. Such statements by Clinton, his agents and employees,
characterized Jones as a liar and as being "pathetic," and
damaged her good name, character, and reputation.
78. Defendant Ferguson's statements likewise maliciously and
willfully defamed plaintiff and damaged her good name,
character and reputation. Ferguson's statement that Jones
had agreed to be Clinton's girlfriend, and his innuendo that
she had willingly participated in a sexual encounter, were
knowingly false.
79. That Ferguson knew these statements were false is
confirmed by Clinton's denial to Ferguson that anything
happened of a sexual nature between Clinton and Jones.


                        RELIEF REQUESTED


WHEREFORE, Plaintiff requests the following relief:

a. Count I, judgment against Defendant Clinton for
compensatory damages of $ 75,000.00; punitive damages for
Defendant's wilful, outrageous and malicious conduct, of
$100,000.00; the costs of her suit and attorneys fees;
nominal damages, and such other and further relief as the
Court may deem proper.
b. Count II, judgment against Defendant Clinton and
Defendant Ferguson, jointly and severally for compensatory
damages of $ 75,000.00; punitive damages for Defendant's
wilful, outrageous and malicious conduct, of $100,000.00;
the costs of her suit and attorney's fees; nominal damages,
and such other and further relief as the Court may deem
proper.
c. Count III, judgment against Defendant Clinton for
compensatory damages of $ 75,000.00; punitive damages for
Defendant's wilful, outrageous and malicious statements and
conduct, of $ 100,000.00; the costs of her suit and
attorneys' fees; nominal damages, and such other and further
relief as the Court may deem proper.
d. Count IV, judgment against Defendant Clinton and Defendant
Ferguson, jointIy and severally for compensatory damages
of $75,000.00; punitive damages for Defendant's wilful,
outrageous and malicious statements and conduct, of $ 100,000.00;
the costs of her suit and attorneys' fees; nominal damages,
and such other and further relief as the Court may deem proper.

                        JURY TRIAL DEMANDED

        Plaintiff demands a trial by jury on each of the counts.

                        Respectfully Submitted,




                        PAULA CORBIN JONES
                        By Her Counsel


                        Gilbert K. Davis, VA Bar No. 4683
                        Attorney for Plaintiff
                        9516-C Lee Highway
                        Fairfax, Virginia 22031
                        [phone]

                        and

                        Joseph Cammarata, VA Bar No. 35118
                        Attorney for Plaintiff
                        9516-C Lee Highway
                        Fairfax, Virginia 22031
                        [phone]

                        VERIFICATION

        I hereby certify under penalty of perjury that I am the
Plaintiff in the above-captioned case; that I have read the
foregoing Complaint; and, that the facts related therein are
true and correct to the best of my knowledge, information, and
belief.

Paula Corbin Jones