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Additionally, sometime in 2011, before Officer Schmidt returned from disability leave, Chief Robshaw told Frohlich "[f]ind some way to get rid of that mother fucker," to which Stone, who was also present, responded "Chief what did he do? Chief Robshaw replied, "I just don't like that mother fucker." Id. On November 29, 2011, Schmidt filed his own Charge of Discrimination, asserting discrimination and retaliation. Around December 5, 2011, Administrator Warrington and Chief Robshaw launched an investigation into whether or not Schmidt was involved in and failed to report a hit and run accident involving his police vehicle.
The Plaintiffs' age discrimination claims and one conspiracy claim will survive. Frohlich and Stone's federal age discrimination claims and Stone and Gizinski's federal claims alleging conspiracy to interfere with a witness testifying in court will proceed into discovery. Plaintiffs' Motion for Discovery is granted, in part and denied, in part. Gizinski was also a Corporal in the Police Department when he was discharged in April 2015, and served as a union representative for the Fraternal Order of the Police ("FOP"). For the following reasons, Defendants' Motion to Dismiss, or Alternatively, for Summary Judgment, is granted, in part, and denied, in part. According to Stone and Gizinski, from 2008 through the present, Chief Robshaw and Administrator Warrington retaliated against employees of the Town who engaged in protected activity. Another time with respect to officer complaints, Chief Robshaw said "[f]uck you, fuck the [Fraternal Order of Police], fuck your attorney, fuck anyone who tries to fuck with me." Id. Stone and Gizinski allege that the Mayor and Town Council have known of this conduct since 2008 and have not taken adequate measures to stop it. Provides services to child and adult sexual assault victims, including medical evaluation, evidence collection, and on-going group, individual, and family counseling. Case No.: GJH-17-353 Case No.: GJH-16-2592 EARL STONE, et al., Plaintiffs, v. Because Plaintiffs failed to provide timely notice of their potential state claims and did not exhaust their administrative remedies before bringing many of their federal claims, the majority of Plaintiffs claims will be dismissed.