https://data.ddosecrets.com/file/Chinga_La_Migra_II/Joseph_Wilson.

txt

josephwilson5a@hotmail.com, (password redacted), Joseph Wilson

From:Neil Landeen
Subj: RE: case
Date: 5/19/11 2:45:01 PM
Show details

Thanks for the update Joe. Let me know when a good time to call you is, I’d be happy to
discuss with you anytime.

Neil Landeen, Esq.

Yen, Pilch, Komadina, & Flemming, P.C.

6017 N. 15th Street

Phoenix, Arizona 85014

TEL: (602) 241-0474

FAX: (602) 241-9687

This message is intended only for the use of the individual or entity to which it is intended to be
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From:Neil Landeen
Subj: case
Date: 4/13/11 5:54:49 PM
Show details

Hi Joe,

Since you have indicated your willingness to pursue litigation, I’ve done some more research
and then spoke again with Carol Pilch here about your case. We have some concerns about
your case that we need to resolve before we can advise you to go forward with a lawsuit. First,
we don’t think that you can pursue a constructive discharge claim since that would be beyond
the applicable one year statute of limitations for liabilities arising from statute. Accordingly, your
case depends on the 42 USC 1981 and 1983 claims. As to the 14th Amendment due process
claims, what evidence is there that your supervisor(s) conspired to deprive you of a hearing?
Once the first Fitness for Duty exam found you "unfit for duty", what due process do you believe
you were entitled to? And, assuming that you were entitled to some kind of due process, what
damages did you suffer for being deprived of it? You may only be entitled to mental and
emotional damages for a short period of time.

We are also concerned about possible defenses that DPS will likely raise. First, we are
concerned that the retaliatory motivation for your original leave will be mitigated by the
“independent” fitness for duty exam. DPS’ argument will likely be that they didn’t retaliate, and
that you were placed on leave due to an objective finding by a physician that you were mentally
unfit. Second, DPS will also argue that because you never returned back to work, you cannot
really say that the working conditions (after an 8 month hiatus) were so objectively unpleasant
or difficult that a reasonable employee would feel compelled to resign (they will argue that you
should have gone back to work and given your Sgt a second chance).

These are some of our initial concerns based on the information you have provided us. I really
want to use the legal system to make this “right” for you, but I also want to make sure that if you
spend your hard-earned money on litigation, that you have a good chance of winning (and of
winning sufficient “damages” to make it worth it). Any insight or thoughts you have are
appreciated. Again, I just want to make sure that you have a solid case before you invest a lot
of money in it.

Best, Neil
Neil Landeen, Esq.

Yen, Pilch, Komadina, & Flemming, P.C.

6017 N. 15th Street

Phoenix, Arizona 85014

TEL: (602) 241-0474

FAX: (602) 241-9687

This message is intended only for the use of the individual or entity to which it is intended to be
addressed. If the reader of this message is not the intended recipient, or the employee or agent
responsible for delivering the message to the intended recipient, you are hereby notified that
any dissemination, distribution or copying of this message is strictly prohibited. If you have
received this communication in error, please notify us immediately by replying to the sender of
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this message may be protected by the attorney client privilege. Please immediately reply to the
sender of this email if you have received it in error, then delete. Thank you.

From:Neil Landeen
Subj: RE: update
Date: 4/12/11 12:59:41 PM
Show details

Ok that works. I will call you at 3pm tomorrow. Our litigators think that you have a good case
and it is worth pursuing, although there are always risks in litigation. However, they want you to
be fully aware of how long and expensive these cases can be. Aside from the initial $10,000
retainer, over the next couple of years, the total cost you would be responsible for could be as
much as $40,000 to $50,000. You will have to determine whether it is feasible financially, or
whether you should walk away now and not risk litigation. Talk to you tomorrow.
Best, Neil

Neil Landeen, Esq.

Yen, Pilch, Komadina, & Flemming, P.C.

6017 N. 15th Street

Phoenix, Arizona 85014

TEL: (602) 241-0474

FAX: (602) 241-9687

This message is intended only for the use of the individual or entity to which it is intended to be
addressed. If the reader of this message is not the intended recipient, or the employee or agent
responsible for delivering the message to the intended recipient, you are hereby notified that
any dissemination, distribution or copying of this message is strictly prohibited. If you have
received this communication in error, please notify us immediately by replying to the sender of
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this message may be protected by the attorney client privilege. Please immediately reply to the
sender of this email if you have received it in error, then delete. Thank you.

From:Neil Landeen
Subj: timeline
Date: 4/07/11 5:52:21 PM
Show details

Hi Joe, this is the timeline I put together:

JW was hired by DPS in January of 2008. JW was assigned to District IV, in Teecnospos,
Arizona. JW soon witnessed that his Sgt. (Sgt. Eavenson) was violating the civil rights of
Navajo’s and citing Navajo’s into State Courts (this is a violation – with Navajos, DPS is
supposed to cite traffic/criminal issues into tribal courts) treating him unfairly. JW tried to
resolve these issues with his Sgt., but was unable to. JW set up a meeting with their Lt. in April
of 2009, but his Sgt. found out and wanted to prevent JW from going to the Lt. The following is a
timeline of events:

04/05/2009 – JW’s Sergeant learns that JW is going to speak with their Lieutenant the following
day.

04/06/2009 – Sgt. Eavenson reports a “threat” made by JW against ex-wife’s boyfriend, and
requests JW be sent for a Fitness for Duty Eval. Fitness for Duty Eval resulted in finding that
JW was unable to properly perform his job responsibilities. No explanation was given to JW.

June 3, 2009 – JW advised via memo that he was removed from Admin Leave with Pay status
and given the option to utilize his leave balances (FMLA) or leave without pay to account for the
time he was unable to perform his duties. JW tried to find out why he was “unfit for duty” but
nobody explained. JW initiated and successfully completed his own counseling and therapy
during this time.

Summer of 2009 - JW used all his leave and went on FMLA

August 2009 – JW uses all sick/paid/FMLA leave and when he runs out, he is placed on a
LWOP (Leave Without Pay Status).

August 2009 - JW filed complaint with DPS EEOC.

11/05/2009 –JW submits memo to Chief Lane requesting another Fitness for Duty Evaluation
and an explanation of his situation. Lane allowed it.
December 2009 – JW passed Fitness for Duty and got a green light to get back to patrol on
active duty. JW was told to report to Sgt. Eavenson. JW tried to talk with Lt about a transfer so
he would not have to work with

Sgt. Eavenson. JW spoke with Eavenson and said I can’t work for you. Eavenson said no, you
are stuck with me. JW said I will have to resign.

Resigned December 18, 2009. (constructive discharge). Sgt. Eavenson had systematically
retaliated against JW for the past year.

07/28/2010 – DPS Deputy Director Campbell sends letter to JW regarding DPS EEOC
investigation and finding that no discrimination occurred.

November 2010 – JW files federal EEOC complaint alleging Discrimination based on Race,
National Origin, and Retaliation.

02/28/2011 – Notice of Right to Sue issued by EEOC, which sets forth 90 day deadline to file
lawsuit.

05/27/2011 – 90-day deadline to file lawsuit.

Claims

42 USC 1983 – violation of 14th Amendment Due Process rights because supervisors
conspired to deprive JW of hearings or otherwise prevented him from having a full and fair
opportunity to challenge his fitness for duty and administrative leave issues.

42 USC 1983 – Violation of 1st Amendment rights because supervisors constructively

discharged JW in retaliation for exercising his First Amendment rights.
42 USC 1981 – Racial harassment and constructive discharge.

Statute of Limitations on 42 USC 1983 claims: 2 years.

See Wilson v. Garcia, 471 U.S. 261, 276 (1985) (holding that state personal injury statute of
limitations applies to § 1983 claims); A.R.S. § 12-542 (Arizona's personal injury statute of
limitations is two years).

Statute of Limitations on 42 USC 1981 claims: 4 years.

See Love v. Pinnacle Nissan, Inc., 102 F. App'x. 597, 598 (9th Cir. 2004) - Terrill Love filed a
racial harassment and constructive discharge claim against Pinnacle Nissan under the 1991
amendments to 42 U.S.C. § 1981. The district court dismissed Love's claim under Arizona's
two-year statute of limitations for personal injury claims and Love appealed to this court. While
submission of the appeal was pending, the Supreme Court decided Jones v. R.R. Donnelley &
Sons, 541 U.S. 369, 124 S.Ct. 1836, 158 L.Ed.2d 645 (2004), holding that claims for racial
harassment and constructive discharge pursuant to a post-1990 amendment to § 1981 are
governed by the federal “catch-all” four-year statute of limitations, 28 U.S.C. § 1658, which
preempts application of any state law statutes of limitation.

Neil Landeen, Esq.

Yen, Pilch, Komadina, & Flemming, P.C.

6017 N. 15th Street

Phoenix, Arizona 85014

TEL: (602) 241-0474

FAX: (602) 241-9687

This message is intended only for the use of the individual or entity to which it is intended to be
addressed. If the reader of this message is not the intended recipient, or the employee or agent
responsible for delivering the message to the intended recipient, you are hereby notified that
any dissemination, distribution or copying of this message is strictly prohibited. If you have
received this communication in error, please notify us immediately by replying to the sender of
this E-Mail by return E-Mail or by telephone. Confidentiality Notice: The information contained in
this message may be protected by the attorney client privilege. Please immediately reply to the
sender of this email if you have received it in error, then delete. Thank you.

From: JOSEPH WILSON [mailto:josephwilson5a@hotmail.com]

Sent: Thursday, May 19, 2011 1:30 PM
To: Neil Landeen
Subject: RE: case

Hi Neil,

I apologize for the delay. I have been working on the financial issues for this case. At this point,
it doesn't look promising...This case has been on my mind since the issues began with my
supervisor. Everything was handled unprofessionally and unethically by my supervisor and the
Dept of Public safety. I know you want the specific facts and I feel I have them, but the
emotional strain from the whole incident has been overwhelming for me and my family. It's
frustrating for me. I want to fight this issue, but these financial obstacles are holding me back.
Thank you for listening and keeping up with me through this whole process. It feels
draining-knowing that I have come this far and I can't financial support this case. Although, I am
still trying to find some help financially. To answer your questions, from the time I was placed
on administrative leave, I was not allowed to discuss anything with my supervisors (Sgt, or the
lieutenant). If I asked - they would say "i don't know" This was the normal response. It was
months (approx 2-3 months later) that I was able to take my first mental evaluation. I tried many
times to talk to my Lieutenant and was denied by the administrative sergeants and ultimately the
lieutenant. even after my first evaluation, none of my supervisors gave me advise. all my
decisions (protest probation extensions, request secondary fitness for duty evaluation, FMLA
leave) were initiated by me. My fellow team mates felt that Sgt Eavenson was retaliating
against me. I felt that in this situation, the DPS was being mislead by sgt eavenson and
supported him administratively. It felt like they (my district supervisors and immediate
supervisor) were playing administrative games and constructively (by extending my probation
and keeping me from becoming a permanent employee, painting a picture that I was mentally
unstable, painting a picture that I was an incompetent employee, forwarding unsubstantiated
complaints) trying to fire me. Throughout the supervisory training I have ever had, these are all
"red flags' of negligent supervision, and violation of employee rights. I understand how hard it is
for an employee to fight a battle against a Department the size of DPS. It feels that it is an
unfair battle; the employee has to show all their cards, where the employer doesn't have to
show their cards and, in the end, they have the final decision on the employee's career. I can't
look back and say i wish i had done this, or that differently...I did what was appropriate at the
time, using my best judgement and loyalty to law enforcement..... As a law enforcement officer I
had the authority to arrest and charge civilians of the violations of law that they committed and I
had the public trust that I was exercising my authority without question, but when I raised flags
about my own department, or law enforcement, doing something illegal, my credibility is
questioned and I'm treated like a mental case. In this case, I'm not a new employee challenging
the department, I have 13 years of law enforcement experience with an impeccable record
along with years of management experience... Neil, i have done everything that I was trained by
law enforcement to do. When they were training young officers improperly (improper search
and seizure, selective law enforcement tactics) at the academy, I went to my supervisors about
the issue and i was shunned and told to shut my mouth. When I brought issues of civil rights
violation, with my own tribe, to my immediate supervisor, I was painted as an incompetent
employee. I look back on everything, and I know I did the right thing that the public, the
Constitution and law makers have asked me to do as a trusted peace officer. I really feel
"railroaded" by law enforcement. I would like someone to know that this behavior is going on, in
law enforcement (by a few bad officers)....i thought maybe the civil process would be the
answer...maybe my congress representative or Senator or my tribal officials need to know what I
have experienced. Although, I feel the DPS has mopped up their mess by now...I don't know.
This issue is very important to me. I just don't where to start, or have the clout to keep this
moving. I have a few more days to find some money. I'll keep trying. Thank you for always
keeping in touch. By the way, my son caught a 5 lb northern pike with a spoon spinner and the
bass and trout are rising to the surface to feed on flies and nymphs. The rivers are still running
fast from the winter run offs, but fishing is getting better.

From: Landeen@ypklaw.com
To: josephwilson5a@hotmail.com
Date: Wed, 13 Apr 2011 16:54:46 -0700
Subject: case
Hi Joe,

Since you have indicated your willingness to pursue litigation, I’ve done some more research
and then spoke again with Carol Pilch here about your case. We have some concerns about
your case that we need to resolve before we can advise you to go forward with a lawsuit. First,
we don’t think that you can pursue a constructive discharge claim since that would be beyond
the applicable one year statute of limitations for liabilities arising from statute. Accordingly, your
case depends on the 42 USC 1981 and 1983 claims. As to the 14th Amendment due process
claims, what evidence is there that your supervisor(s) conspired to deprive you of a hearing?
Once the first Fitness for Duty exam found you "unfit for duty", what due process do you believe
you were entitled to? And, assuming that you were entitled to some kind of due process, what
damages did you suffer for being deprived of it? You may only be entitled to mental and
emotional damages for a short period of time.

We are also concerned about possible defenses that DPS will likely raise. First, we are
concerned that the retaliatory motivation for your original leave will be mitigated by the
“independent” fitness for duty exam. DPS’ argument will likely be that they didn’t retaliate, and
that you were placed on leave due to an objective finding by a physician that you were mentally
unfit. Second, DPS will also argue that because you never returned back to work, you cannot
really say that the working conditions (after an 8 month hiatus) were so objectively unpleasant
or difficult that a reasonable employee would feel compelled to resign (they will argue that you
should have gone back to work and given your Sgt a second chance).

These are some of our initial concerns based on the information you have provided us. I really
want to use the legal system to make this “right” for you, but I also want to make sure that if you
spend your hard-earned money on litigation, that you have a good chance of winning (and of
winning sufficient “damages” to make it worth it). Any insight or thoughts you have are
appreciated. Again, I just want to make sure that you have a solid case before you invest a lot
of money in it.

Best, Neil
Neil Landeen, Esq.

Yen, Pilch, Komadina, & Flemming, P.C.

6017 N. 15th Street

Phoenix, Arizona 85014

TEL: (602) 241-0474

FAX: (602) 241-9687

This message is intended only for the use of the individual or entity to which it is intended to be
addressed. If the reader of this message is not the intended recipient, or the employee or agent
responsible for delivering the message to the intended recipient, you are hereby notified that
any dissemination, distribution or copying of this message is strictly prohibited. If you have
received this communication in error, please notify us immediately by replying to the sender of
this E-Mail by return E-Mail or by telephone. Confidentiality Notice: The information contained in
this message may be protected by the attorney client privilege. Please immediately reply to the
sender of this email if you have received it in error, then delete. Thank you.

From:John Day
Subj: RE: Start up Business in Teec NosPos, Az
Date: 6/15/11 4:10:17 PM
Show details

Joe,

I was uncertain whether or not Martin-Ray Laundry Systems, Inc. could sell you Speed Queen
equipment for your store located right across the border in AZ. We contacted our Speed Queen
District Sales Manager in Dallas and asked him. He said you would have to deal with the AZ
Speed Queen distributor on this location because it’s in AZ.

I’m sorry but my hands are tied on this. Speed Queen sets up its distributors with exclusive
territories and this is just outside our territory.
If you by chance want to work on a new laundry in Towac, then we can work together on it.

Again I’m sorry that we couldn’t work on this with you. I was told that the AZ Speed Queen
distributor would be contacting you.

Best regards,

John

Regional Sales Engineer

Martin-Ray Laundry Systems, Inc.

2525 Madison NE - Albuquerque, NM 87110

Phone: 505-883-7277 / Toll Free: 877-645-6671

Office Fax: 505-883-7388 / E-Fax: 888-262-4171

Cell: 505-206-1664 / Email: john@martinray.com

From: JOSEPH WILSON [mailto:josephwilson5a@hotmail.com]

Sent: Wednesday, June 15, 2011 11:57 AM
To: john@martinray.com
Subject: Start up Business in Teec NosPos, Az

John, It was good talking with you today. I hope I can get this business going. The business
site has an asphalt parking area with turn lanes into the site, from the highway. I will be
contacting NTUA about the utility information. My cell# is 970 560 0537. The business is
located near Highway 160 and Highway 64.
From:Matt Cashner
Subj: (No Subject)
Date: 5/16/11 10:55:07 AM
Show details
To Whom It May Concern:

I was asked to write a letter of reference for Lowell Whiteskunk. I did so believing Lowell wanted
to coach a sports team. I have since spoke with Lowell and learned Lowell wants to get a
protection order dropped. I learned of Lowell’s criminal history and being a law enforcement
officer believe that past performance is the best predictor of future performance. I know Joseph
to be an outstanding father who is concerned about his children’s safety. I believe one should
air on the side of caution, especially when children are involved.

Sincerely,

Matt Cashner

From:HSPD12Admin@identitymsp.com
Subj: USAccess - Sponsorship Complete
Date: 5/05/11 2:11:32 PM
Show details
Attachments, pictures, and links have been blocked for your safety. Show content
****PLEASE READ THIS MESSAGE IN ITS ENTIRETY. It contains important details on how to
acquire your USAccess identification credential.****

Congratulations JOSEPH PAUL WILSON.

Your application for an USAccess credential has been sponsored in the USAccess credentialing
system. There are 4 steps to complete prior to you visiting the enrollment center for registration.

STEP 1: Review Your Data

Please review the following information to verify it is correct. If it is incorrect, please contact your
Sponsor, ULKU GAGLIO, who will need to make these changes. Your sponsor can be reached
at ULKU.GAGLIO@BIA.GOV. (Your Sponsor is the person who either informed you of your
need for a USAccess credential, or who first collected your information.)

First Name: JOSEPH

Middle Name: PAUL
Last Name: WILSON
Suffix:

STEP 2: Make An Appointment

1. Visit the GSA Online Scheduling System at

https://www.schedulemsp.com/tc/login.do?url=usaccess
2. If you have an existing account, please log in using the same username and password that
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To Create a New Account:
Go to GSA Online Scheduling System at
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Create new account by clicking "GSA Online Scheduling System - Users Click Here to
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Create a New username and password. Also include an email address. NOTE: You may use
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3. KEEP THIS ACCOUNT INFORMATION IN A SAFE PLACE as you will need it once again
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4. To start to make an appointment, select a credentialing center near you. When selecting a
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5. In the Activity drop down box, select "1) Enrollment" and find a day and time that suits your
schedule.

STEP 3: What To Bring To Your Appointment

Please bring two forms of ID to register for your USAccess credential. Two forms are required to
validate your identity, one of which must be a Government-issued photo ID.

NOTE: Your first and last names MUST match the names on the identity documents you submit
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To review a complete list of acceptable forms of identity documentation and policies regarding
presentation of names on these documents, please visit www.fedidcard.gov/deploytrain.aspx.
Step 4: Check USAccess Web site on Day of your Appointment
We also recommend that you check the Service Advisory section located on the home page of
the USAccess Web site at www.fedidcard.gov on the day of your appointment to verify there are
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From:co_support@ktinternational.com
Subj: Result returned: WHITESKUNK, LOWELL FLYNN
Date: 4/25/11 8:14:23 PM
WHITESKUN...pdf
Show details
Attachments, pictures, and links have been blocked for your safety. Show content
Please see attached PDF file.

From:route@fedjobs.gov
Subj: Your password has been changed.
Date: 2/01/11 7:46:17 PM
Show details
This message is to inform you that the password for your USAJOBS account has been reset.
Your username remains the same and is josephpwilson. If you have any questions or issues,
please feel free to contact us at mayday@fedjobs.gov. We wish you success in your career
working as a part of the Federal government.

Sincerely,
The USAJOBS Support Team

From:Nicki Green
Subj: Re: reference letter
Date: 10/01/10 9:44:53 AM
Show details
Looks and sounds great! Thanks so much. Send me all your info, your wage info, what you think
she might be making (we can use what she was making previously) how many children (4
right?) insurance costs and any extraoridinary expenses (and any daycare if you still are paying
for that).
How many overnights you really have them.
I will run a couple of different worksheets for you, email them to you and then we can talk and
figure out your next step.

Nicki

--- On Fri, 10/1/10, JOSEPH WILSON <josephwilson5a@hotmail.com> wrote:

From: JOSEPH WILSON <josephwilson5a@hotmail.com>

Subject: reference letter
 To: greennicki@yahoo.com
Date: Friday, October 1, 2010, 5:20 AM

Nicki, could you review the letter? and if there are changes necessary (name titles, additonal
info etc...) please let me know, or feel free to make the appropriate changes. thanks JPW.

From:JOSEPH WILSON
Subj: Financial Statements
Date: 6/28/10 11:25:53 AM
Angela St...pdf
Show details
Laura, These are the financial statements of my sister (Angela). Thank you . Joseph P. Wilson

From:Lendora Gleason
Subj: RE: Commercial Application/Work Order Packet
Date: 6/24/11 3:15:46 PM
JWilson R...pdf
Show details

Good Afternoon, Mr. Wilson,

Attached is the Right-of-Way agreement if you could just sign where it indicates granters
signature and forward back to me so I can attach to work order packet. I have forward your
packet to our Engineers give them about three to four week to compile an estimate and to see
what services need to be done. If you should have any questions please contact me and I will
do my best to assist you. Thank you and have a wonderful weekend. Lendora G.

From: Lendora Gleason

Sent: Thursday, June 16, 2011 10:17 AM
To: 'JOSEPH WILSON'
Subject: RE: Commercial Application/Work Order Packet

Sorry for the delay again. Attached are the forms. Thank you.
From: JOSEPH WILSON [mailto:josephwilson5a@hotmail.com]
Sent: Thursday, June 16, 2011 9:36 AM
To: Lendora Gleason
Subject: RE: Commercial Application/Work Order Packet

Hi Lendora. Thanks for your message. Although, I did not receive any attachments on the
paperwork for the application or project work order. Can you please try again.

From: lendorag@ntua.com
To: josephwilson5a@hotmail.com
Subject: Commercial Application/Work Order Packet
Date: Thu, 16 Jun 2011 15:29:13 +0000

Good Morning Mr. Wilson,

Sorry for the delay in sending the application and project work order packet. Please complete
application and on the project work order please sign the first two forms that indicates Project
Work order and Right-of-Way Agreement. If you should have any questions please contact me
at the numbers below. Thank you and have a wonderful day.

Lendora Glesason

Customer Care Agent

Shiprock District

928-729-4712

lendorag@ntua.com

From:Roy Kady
Subj: Notes
Date: 3/02/10 8:32:26 AM
mtg with ...docx
Show details

Good Morning Everybody!

I started jotting down some notes that I could remember form the doodles from our meeting this
past Sunday, and I figured I’d also send you a rough draft of it, and please I would like you to
add your notes to the process, thank you!

Roy Kady

TNP Chapter President

From:JOSEPH WILSON
Subj: FW: Franks' Service Station
Date: 4/26/10 2:11:57 PM
IMG_0338.JPG, IMG_0339.JPG, IMG_0340.JPG, IMG_0341.JPG, IMG_0342.JPG,
IMG_0343.JPG, IMG_0344.JPG, IMG_0345.JPG
Show details

I am interested in branding with Valero or Shamrock. I have inherited a service station

(established for 40 years) located in Teec Nos Pos, AZ. 86514. I am recently retired from law
enforcement and would like to use your brand and restart the service. I would like your
assistance in re-starting the business. Thank you. Joseph P. Wilson.

My Cell# is 970-560-0537

From: josephwilson5a@hotmail.com
To: mike.davis@alonusa.com
Subject: FW: Franks' Fina Pictures
Date: Mon, 29 Mar 2010 11:03:05 -0600
Craig,
Here are the photos of Franks' Fina. If you need more information, please let me know.
Thanks. Joe W.

From:Neil Landeen
Subj: timeline
Date: 4/07/11 5:52:21 PM
Show details

Hi Joe, this is the timeline I put together:

JW was hired by DPS in January of 2008. JW was assigned to District IV, in Teecnospos,
Arizona. JW soon witnessed that his Sgt. (Sgt. Eavenson) was violating the civil rights of
Navajo’s and citing Navajo’s into State Courts (this is a violation – with Navajos, DPS is
supposed to cite traffic/criminal issues into tribal courts) treating him unfairly. JW tried to
resolve these issues with his Sgt., but was unable to. JW set up a meeting with their Lt. in April
of 2009, but his Sgt. found out and wanted to prevent JW from going to the Lt. The following is a
timeline of events:

04/05/2009 – JW’s Sergeant learns that JW is going to speak with their Lieutenant the following
day.

04/06/2009 – Sgt. Eavenson reports a “threat” made by JW against ex-wife’s boyfriend, and
requests JW be sent for a Fitness for Duty Eval. Fitness for Duty Eval resulted in finding that
JW was unable to properly perform his job responsibilities. No explanation was given to JW.

June 3, 2009 – JW advised via memo that he was removed from Admin Leave with Pay status
and given the option to utilize his leave balances (FMLA) or leave without pay to account for the
time he was unable to perform his duties. JW tried to find out why he was “unfit for duty” but
nobody explained. JW initiated and successfully completed his own counseling and therapy
during this time.
Summer of 2009 - JW used all his leave and went on FMLA

August 2009 – JW uses all sick/paid/FMLA leave and when he runs out, he is placed on a
LWOP (Leave Without Pay Status).

August 2009 - JW filed complaint with DPS EEOC.

11/05/2009 –JW submits memo to Chief Lane requesting another Fitness for Duty Evaluation
and an explanation of his situation. Lane allowed it.

December 2009 – JW passed Fitness for Duty and got a green light to get back to patrol on
active duty. JW was told to report to Sgt. Eavenson. JW tried to talk with Lt about a transfer so
he would not have to work with

Sgt. Eavenson. JW spoke with Eavenson and said I can’t work for you. Eavenson said no, you
are stuck with me. JW said I will have to resign.

Resigned December 18, 2009. (constructive discharge). Sgt. Eavenson had systematically
retaliated against JW for the past year.

07/28/2010 – DPS Deputy Director Campbell sends letter to JW regarding DPS EEOC
investigation and finding that no discrimination occurred.

November 2010 – JW files federal EEOC complaint alleging Discrimination based on Race,
National Origin, and Retaliation.
02/28/2011 – Notice of Right to Sue issued by EEOC, which sets forth 90 day deadline to file
lawsuit.

05/27/2011 – 90-day deadline to file lawsuit.

Claims

42 USC 1983 – violation of 14th Amendment Due Process rights because supervisors
conspired to deprive JW of hearings or otherwise prevented him from having a full and fair
opportunity to challenge his fitness for duty and administrative leave issues.

42 USC 1983 – Violation of 1st Amendment rights because supervisors constructively

discharged JW in retaliation for exercising his First Amendment rights.

42 USC 1981 – Racial harassment and constructive discharge.

Statute of Limitations on 42 USC 1983 claims: 2 years.

See Wilson v. Garcia, 471 U.S. 261, 276 (1985) (holding that state personal injury statute of
limitations applies to § 1983 claims); A.R.S. § 12-542 (Arizona's personal injury statute of
limitations is two years).

Statute of Limitations on 42 USC 1981 claims: 4 years.

See Love v. Pinnacle Nissan, Inc., 102 F. App'x. 597, 598 (9th Cir. 2004) - Terrill Love filed a
racial harassment and constructive discharge claim against Pinnacle Nissan under the 1991
amendments to 42 U.S.C. § 1981. The district court dismissed Love's claim under Arizona's
two-year statute of limitations for personal injury claims and Love appealed to this court. While
submission of the appeal was pending, the Supreme Court decided Jones v. R.R. Donnelley &
Sons, 541 U.S. 369, 124 S.Ct. 1836, 158 L.Ed.2d 645 (2004), holding that claims for racial
harassment and constructive discharge pursuant to a post-1990 amendment to § 1981 are
governed by the federal “catch-all” four-year statute of limitations, 28 U.S.C. § 1658, which
preempts application of any state law statutes of limitation.

Neil Landeen, Esq.

Yen, Pilch, Komadina, & Flemming, P.C.

6017 N. 15th Street

Phoenix, Arizona 85014

TEL: (602) 241-0474

FAX: (602) 241-9687

This message is intended only for the use of the individual or entity to which it is intended to be
addressed. If the reader of this message is not the intended recipient, or the employee or agent
responsible for delivering the message to the intended recipient, you are hereby notified that
any dissemination, distribution or copying of this message is strictly prohibited. If you have
received this communication in error, please notify us immediately by replying to the sender of
this E-Mail by return E-Mail or by telephone. Confidentiality Notice: The information contained in
this message may be protected by the attorney client privilege. Please immediately reply to the
sender of this email if you have received it in error, then delete. Thank you.
From:Neil Landeen
Subj: RE: EEOC Complaint
Date: 11/09/10 5:35:04 PM
Show details

Perfect. Thanks Joe.

Neil Landeen, Esq.

Yen, Pilch, Komadina, & Flemming, P.C.

6017 N. 15th Street

Phoenix, Arizona 85014

TEL: (602) 241-0474

FAX: (602) 241-9687

This message is intended only for the use of the individual or entity to which it is intended to be
addressed. If the reader of this message is not the intended recipient, or the employee or agent
responsible for delivering the message to the intended recipient, you are hereby notified that
any dissemination, distribution or copying of this message is strictly prohibited. If you have
received this communication in error, please notify us immediately by replying to the sender of
this E-Mail by return E-Mail or by telephone. Confidentiality Notice: The information contained
in this message may be protected by the attorney client privilege. Please immediately reply to
the sender of this email if you have received it in error, then delete. Thank you.

From: JOSEPH WILSON [mailto:josephwilson5a@hotmail.com]

Sent: Tuesday, November 09, 2010 5:29 PM
To: Neil Landeen
Subject: RE: EEOC Complaint

Hi Neil. I have started my Federal EEOC Complaint. I think I made mad eit under the 180 day
filing period. I'll see what the invetsigators response is....I'll keep you informed. JPW

From: Landeen@ypklaw.com
To: josephwilson5a@hotmail.com
Date: Thu, 4 Nov 2010 12:55:45 -0700
Subject: RE: EEOC Complaint

Hi Joe,

Ok this makes more sense now. You filed with AZ DPS’ EEO Officer, Donna Shields. However,
you need to file with the federal EEOC before you can sue. Contact them ASAP and get your
charge filed ASAP, because you may be up against some time deadlines. They will investigate
and issue you a “right to sue” letter.

Here is the contact info:

Phoenix District Office

Location:

3300 North Central Avenue

Suite 690
Phoenix, AZ 85012-2504

Phone:

1-800-669-4000

Fax:

602-640-5071

TTY:

1-800-669-6820

Director:
Rayford O. Irvin

Regional Attorney:

Mary Jo O'Neill

Office Hours:

The Phoenix District Office is open Monday - Friday from 8:00 a.m. - 4:30 p.m. Please call first
to obtain information. Charge receipt interviews must begin prior to 3:00 p.m.

Neil Landeen, Esq.

Yen, Pilch, Komadina, & Flemming, P.C.

6017 N. 15th Street

Phoenix, Arizona 85014

TEL: (602) 241-0474

FAX: (602) 241-9687

This message is intended only for the use of the individual or entity to which it is intended to be
addressed. If the reader of this message is not the intended recipient, or the employee or agent
responsible for delivering the message to the intended recipient, you are hereby notified that
any dissemination, distribution or copying of this message is strictly prohibited. If you have
received this communication in error, please notify us immediately by replying to the sender of
this E-Mail by return E-Mail or by telephone. Confidentiality Notice: The information contained
in this message may be protected by the attorney client privilege. Please immediately reply to
the sender of this email if you have received it in error, then delete. Thank you.

From: JOSEPH WILSON [mailto:josephwilson5a@hotmail.com]

Sent: Tuesday, November 02, 2010 7:19 PM
To: Neil Landeen
Subject: RE: EEOC Complaint

Neil. I have not received a "right to sue" letter from the department. Is this something i need to
request?

Neil. In my 16 years of law enforcement, I have been told and taught that no matter what I do or
how I act, Always tell the truth and always do the right thing. I have faithfully protected the
Constitution no matter the jurisdiction (Federal, State, City Tribe) in which I served as a law
enforcement officer and supervisor. I have been trained to protect the citizens from harm and
remain loyal to the Constitution and my law enforcement brothers and sisters. In every class
setting I ever attended, I have been told that if I ever experienced poor teaching methods or civil
rights violations to report it. I now know how difficult it is when it actually occurs to someone
close, or one of our (law enforcement) own. I know there are great officers and leaders in law
enforcement. I also know there are bad officers and leaders in law enforcement. In this case, it
is clear to me that there are leaders that have made poor leadership decisions and poor ethical
decisions and it was easier to use adminstrative procedures to "weed someone out" of the
department. There is not a doubt in my mind that these civil rights violations and employee
rights violation have occurred. Many times, I have asked myself, "How do I inform an enormous
department that they are making a mistake that needs to be corrected?" Especially in the early
stages of an officers career. It is very intimdating. I have learned how the department becomes
very defensive when a an employee begins to push back at them, and how the department can
be very overbearing when they they become fearful of liability issues. In this ideal world, the
only thing to do is always tell the truth and always do the right thing. I am prepared to fight this
battle. The AZDPS has excellent leaders and poor leaders....If the true leaders are loyal to the
officers code of conduct and Constitution of the United States, then I think they will address
these issues and make it a point that new officers, entering law enforcement, are not corrupted
by the poor conduct of its leadership and instructors. From a personal point of view, This has
been the hardest two years of my entire life. My family (divorce) fell apart, I lost my family
business (In teec Nos Pos, Az) of 45 years, and nearly lost my mother (resided in Teec Nos
Pos). I resigned from the Colorado State Patrol (12 years) and Bureau of Indian Affairs (3
years) and entered the AZDPS in Northern Arizona to be close and help my family and mother.
I feel in the 16 years of service, law enforcement loved me when I gave them my full attention
and my family was secondary. When my family became my priority, I feel law enforcement
turned its back on me. I never gave up during these hard times and I have begun to heal my
family problems. My mother is safe with me and I have custody of my three children. No matter
the situation, personally or professionally, I have always told the truth and i have always done
the right thing. I have many leaders in law enforcement (United states Attorney General,
Federal Judges, County Judges, Tribal Judges, Prosecuters, Law enforcement leaders
etc...)who are prepared to stand with me and confirm my character, values and integrity as a law
enforcement officer, leader, father and individual. I am asking for your help to address these
issues that can be harmful to the integrity of law enforcement, within a very intimidating State
agency. I have never considered a civil law suit. If the process of a civil suit will correct the
situation and address the poor ethical conduct of certain leaders in the agency and change the
unethical culture, then that is the direction I choose.

From: Landeen@ypklaw.com
To: josephwilson5a@hotmail.com
Date: Tue, 2 Nov 2010 16:30:52 -0700
Subject: RE: EEOC Complaint

Joe,

Did you get a “Right to Sue” letter from EEOC after they dismissed your charge?

What do you want to see happen in an ideal world?

Neil Landeen, Esq.

Yen, Pilch, Komadina, & Flemming, P.C.

6017 N. 15th Street

Phoenix, Arizona 85014

TEL: (602) 241-0474

FAX: (602) 241-9687

This message is intended only for the use of the individual or entity to which it is intended to be
addressed. If the reader of this message is not the intended recipient, or the employee or agent
responsible for delivering the message to the intended recipient, you are hereby notified that
any dissemination, distribution or copying of this message is strictly prohibited. If you have
received this communication in error, please notify us immediately by replying to the sender of
this E-Mail by return E-Mail or by telephone. Confidentiality Notice: The information contained
in this message may be protected by the attorney client privilege. Please immediately reply to
the sender of this email if you have received it in error, then delete. Thank you.
From: JOSEPH WILSON [mailto:josephwilson5a@hotmail.com]
Sent: Thursday, October 28, 2010 9:27 AM
To: Neil Landeen
Subject: EEOC Complaint

Neil, I was able to find the letter sent from the EEOC office. I was disappointed in the response.
I have the documents and I'll be sending them to you for review. I am sorry for the late
response. I have been trying to figure out what has happened here. My whole career in law
enforcement and in life, I have been taught to do the right thing. I feel "railroaded" by the
supervision of the AZDPS. I know the issues I brought to their attention were serious issues. All
the issues of selective law enforcement, fourth amendment violations, discrimination, retaliation,
wrongful termination and civil rights issues regarding Tribal and State jurisdictions were
dismissed. I feel maybe they thought I was being a "whistle blower" and chose to "weed" me
out of the department. Especially with all the political issues and publicity of the State of
Arizona is receiving with immigration and selective law enforcement. I have sat here for a year
and wondered if bringing these issues forward was appropriate. I always come to the
conclusion that I know everything I experienced and chose to speak about was valid. All my
training with the Colorado State Patrol (12 years), Bureau of Indian Affairs-criminal investigator
and lieutenant/assistant Chief of Police (4 years) tell me that all these constitutional violations
are occurring within the AZDPS. I am asking that you please trust my words in these
documents and help me find a solution to this culture being created in the AZDPS.
Thanks. Joe

P.S.
The documents I am sending are the initial complaint I had in the Advanced Academy class. At
the time, i was a member of the FOP and Arizona Highway Patro Assn. I took (back in March of
2008) the complaint to the Law Office of Michael Napier and talk with a female attorney (Don't
remember her name) with the office. She advised me that it was an appropriate complaint but
left it up to me to decide if this was an issue I wanted to pursue (being new to the dept). I chose
not to pursue it. She keep a copy of the report (Pages 1-6). She advised if there is more of a
pattern or similar issues to bring it to her attention.

From:JOSEPH WILSON
Subj: EEOC Complaint
Date: 6/03/10 8:38:02 PM
EEOC Comp...pdf, Discrimin...pdf
Show details
Hi Troy, It's great hearing from you. I wish we had the opportunity to have that lunch or dinner.
I'll make this quick. Last year, I ran into problems with the AZ Dept of Public Safety. I would like
to send you my complaint and get your thoughts. I was represented by the Fraternal Order of
Police Attorneys, until I resigned in December. At the time, the attorneys felt I had a valid
complaint and urged that I pursue a law suit after the investigation. Since my resignation, I have
not kept my union dues with the FOP. The FOP attorneys suggested if I find assistance with
other counsel to give them a call and they would be happy to assist.
Hotmail has tools for the New Busy. Search, chat and e-mail from your inbox. Learn more.

From:JOSEPH WILSON
Subj: Continuation Report
Date: 2/16/10 8:31:59 PM
grocery s...jpg, Grocery S...pdf
Show details
Donna, Here is a photo and a rough sketch of my family business, in Teec Nos Pos, AZ. I have
found the DR# for the incident Officer Smith had talked to me about reference changing his
report. The DR Number is 2009-006127.

One of the issues I want to address during the interview was the when we talked of the issues of
being held at a higher standard than my other officers. In my notes, I had written DUI's and
accident reports. During my probationary period, it had been made clear to me, by Sgt.
Eavenson, that officers Smith and Irving could not properly complete a simple DUI (non-Indian)
report and accident report. In one occasion (approximately February 23 and March, 2009),
Officer Smith made a DUI arrest and could complete the DUI report. Sgt. Eavenson had to
assist Officer Smith with the report by helping him complete the consent affidavit and other
basic DUI documents. As a result of this, Officer Smith had to hold a class on how to properly
complete a DUI report. The class was given at a team meeting at the Red Mesa Office.

When I had heard of this, I felt it was not fair that I had an Internal Affairs Investigation for a
burnt wallet, for ineffeciency, When there was 6 year officers that could not complete a DUI
report. Again, I felt I was being held at a higher standard.

There were two other occasions with a simple one vehicle where Officer Smith needed
assistance from Sgt. Eavenson. One incident occurred on Highway 160 at Milepost 401 (Suicide
attempt-Navajo PD Assist) and Highway 160 at Milepost 440 (fatality-Navajo PD assist).

On my notes, I had written "marathons." I wanted to explain to you that there were many goals
and initiatives I had set to help me get through the hard times of the divorce, personal issues
and family hard times. One of the issues was staying fit and healthy. During this time, I had
completed and participated in many marathons through the year. These marathons were listed
in my letter the Chief.
From:JOSEPH WILSON
Subj: FW: Request for Meeting
Date: 2/16/10 7:41:35 PM
Final Eva...doc
Show details

Donna, This is the e-mail I sent to Lt. Parks on November 13, 2009 at 2127 hrs. I had no
response from him. Joseph P. Wilson
From: josephwilson5a@hotmail.com
To: lparks@azdps.gov
Subject: Request for Meeting
Date: Fri, 13 Nov 2009 21:27:11 -0700

Good day Sir,

I am Officer Joseph P. Wilson, #7150. It has been approximately 9 months since I have
performed the duties as an officer with the AZ DPS. It has been a very trying time for me, but I
knew once the process (pyschological evaluation, admin. leave etc...) began that it was going to
be a very long and undetermined procedure. I have kept my silence and communicated
honestly with my immediate supervisor through the entire time. At this point, I am requesting a
meeting with you to help me understand the direction of my law enforcement career and discuss
some issues and questions that could not be answered by my immediate supervisor. I have
provided Sgt. Eavenson with a memorandum to Chief Lane requesting a second pyschological
evaluation and requested that it be sent through my chain of command. I hope you have the
opportunity to review the memorandum and talk with my references. I hope this is something we
could discuss in my visit.

My AZ DPS Email account doesn't seem to be working. I've tried several times with no success.
My personal email is josephwilson5a@hotmail.com and personal cell number is 970-560-0537.

Sincerely, Joseph P. Wilson.

From:JOSEPH WILSON
Subj: FW: Request for Meeting
Date: 2/16/10 7:41:35 PM
Final Eva...doc
Show details
 Donna, This is the e-mail I sent to Lt. Parks on November 13, 2009 at 2127 hrs. I had no
response from him. Joseph P. Wilson
From: josephwilson5a@hotmail.com
To: lparks@azdps.gov
Subject: Request for Meeting
Date: Fri, 13 Nov 2009 21:27:11 -0700

Good day Sir,

I am Officer Joseph P. Wilson, #7150. It has been approximately 9 months since I have
performed the duties as an officer with the AZ DPS. It has been a very trying time for me, but I
knew once the process (pyschological evaluation, admin. leave etc...) began that it was going to
be a very long and undetermined procedure. I have kept my silence and communicated
honestly with my immediate supervisor through the entire time. At this point, I am requesting a
meeting with you to help me understand the direction of my law enforcement career and discuss
some issues and questions that could not be answered by my immediate supervisor. I have
provided Sgt. Eavenson with a memorandum to Chief Lane requesting a second pyschological
evaluation and requested that it be sent through my chain of command. I hope you have the
opportunity to review the memorandum and talk with my references. I hope this is something we
could discuss in my visit.

My AZ DPS Email account doesn't seem to be working. I've tried several times with no success.
My personal email is josephwilson5a@hotmail.com and personal cell number is 970-560-0537.

Sincerely, Joseph P. Wilson.

From:DShields@azdps.gov
Subj: Re: Emailss
Date: 2/04/10 9:45:07 AM
Show details

Have security call me at x2397 and I'll bring you in.

Donna M. Shields
Arizona Department of Public Safety
EEO/AA Officer
(602) 223-2397
dshields@azdps.gov
From:JOSEPH WILSON
Subj: Emailss
Date: 1/29/10 6:54:51 PM
Emails.pdf
Show details
Hi Donna, I hope these emails have made it to your address. please let me know. Thanks. JPW

From:DShields@azdps.gov
Subj: Re: EEOC Report
Date: 1/19/10 4:16:52 PM
Show details
Thanks Joe. I am reading your email from home. I have bronchitus and will not be back in the
office for at least a week. I will contact you then.

Donna M. Shields
Arizona Department of Public Safety
EEO/AA Officer
(602) 223-2397
dshields@azdps.gov

From:Joe Wilson
Subj: FW: preparation for your exit interview
Date: 4/27/11 6:05:13 AM
Show details

From: Susan Strating

Sent: Tuesday, April 26, 2011 9:40 AM
To: Joe Wilson
Subject: preparation for your exit interview

Hi again Joe,
On Thursday please call me at 970 222 6888 for your exit interview. I’m attaching two “fyi”
documents (the ADP Term Letter and the Employee Termination Information Sheet), please
review and let me know if you have any questions.

I go over the “exit interview comments suggestions” form so please at least review that before
we talk, and if you could fill it out then scan or fax it to me, I’d appreciate it. my fax is 970 488
3299 (confidential efax).

On Thursday I’ll go over a simple checklist I have (not attached) that includes going over return
of any company property so if you have any tools, etc. not at the work site, plus any keys,
please bring those in Thursday.

Thanks, happy to answer any other questions you have in the meantime, otherwise we’ll talk
Thursday.

Susan

970 692 5574

From:JOSEPH WILSON
Subj: Additional Report. EEOC Report
Date: 1/07/10 10:00:04 PM
EEOC Comp...docx
Show details
Donna, I could not retrieve the information from my computer. I have been re-writing the last
pages. I have added additional pages. I have also been relaying the information to the
attorneys of the Fraternal Order of Police. When it is time to interview me, may I ask that the
interview be in person? I don't mind traveling to Phoenix. The last couple of years with the AZ
DPS, I have felt like I have been a Badge #, or email message or a voice on the phone. Please
let me know if you have recieved the EEOC Report Thanks. JPW Badge #7150