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Former mayor Bob Filner and city face new lawsuit

Alleged harassment occurred at Johnson Elementary School

Bob Filner's legacy as mayor continues to leave a mark on the City of San Diego. On April 9, more than six months after the former mayor was forced from office amid allegations of sexual harassment, another woman has come forward to file a complaint against Filner and the city.

In the latest complaint, Marilyn McGaughy alleges she was harassed during a city-sponsored event at Johnson Elementary School in San Diego's Emerald Hills neighborhood.

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“On May 17, 2013, Filner and his body guards, who were employed by the City, attended a City event at Johnson Elementary School in San Diego," reads the complaint. "Filner was at Johnson for an official City event, where he interacted with the students and teachers, and brought City ‘swag’ to hand out, and to promote City activities.

"While at the event, Filner kissed, massaged, groped, and made repeated sexual advances and sexual comments to McGaughy. Filner's bodyguards, employed by the City, were present and witnessed Filner's wrongful conduct, however they failed to stop Filner or protect McGaughy.”

Among the allegations, McGaughy claims Filner's bodyguards were not only aware of Filner's misconduct toward women but would purposely "look the other way" when those instances arose.

McGaughy first filed a $250,000 claim to the city's Risk Management Department back in September 2013. According to McGaughy's attorney, Dan Gilleon, the claim was denied without a response.

More lawsuits will be filed in the coming months, says Gilleon, specifically the lawsuit from the woman known as "Jane Doe 3,” who has since been idenitified as Jeri Dines. According to a report by the local Fox affiliate, Dines claims the former mayor grabbed her buttocks during an event at Fiesta Island.

In a separate lawsuit, attorneys for a disabled Marine and her nurse say the city has some level of culpability because city attorney Jan Goldsmith had bragged to press outlets that he was aware of Filner's erratic behavior as early as February 2013, before any women had come forward.

"If the City is named, our office will always defend the City," writes city attorney spokesperson Michael Giorgino. "Under Charter section 40, that is our obligation. As for a former employee (e.g. former Mayor Filner), that is covered by Government Code section 995.2. The City’s practice has been for the City Council to consider the determinations under section 995.2 and decide whether a defense would be provided."

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Bob Filner's legacy as mayor continues to leave a mark on the City of San Diego. On April 9, more than six months after the former mayor was forced from office amid allegations of sexual harassment, another woman has come forward to file a complaint against Filner and the city.

In the latest complaint, Marilyn McGaughy alleges she was harassed during a city-sponsored event at Johnson Elementary School in San Diego's Emerald Hills neighborhood.

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“On May 17, 2013, Filner and his body guards, who were employed by the City, attended a City event at Johnson Elementary School in San Diego," reads the complaint. "Filner was at Johnson for an official City event, where he interacted with the students and teachers, and brought City ‘swag’ to hand out, and to promote City activities.

"While at the event, Filner kissed, massaged, groped, and made repeated sexual advances and sexual comments to McGaughy. Filner's bodyguards, employed by the City, were present and witnessed Filner's wrongful conduct, however they failed to stop Filner or protect McGaughy.”

Among the allegations, McGaughy claims Filner's bodyguards were not only aware of Filner's misconduct toward women but would purposely "look the other way" when those instances arose.

McGaughy first filed a $250,000 claim to the city's Risk Management Department back in September 2013. According to McGaughy's attorney, Dan Gilleon, the claim was denied without a response.

More lawsuits will be filed in the coming months, says Gilleon, specifically the lawsuit from the woman known as "Jane Doe 3,” who has since been idenitified as Jeri Dines. According to a report by the local Fox affiliate, Dines claims the former mayor grabbed her buttocks during an event at Fiesta Island.

In a separate lawsuit, attorneys for a disabled Marine and her nurse say the city has some level of culpability because city attorney Jan Goldsmith had bragged to press outlets that he was aware of Filner's erratic behavior as early as February 2013, before any women had come forward.

"If the City is named, our office will always defend the City," writes city attorney spokesperson Michael Giorgino. "Under Charter section 40, that is our obligation. As for a former employee (e.g. former Mayor Filner), that is covered by Government Code section 995.2. The City’s practice has been for the City Council to consider the determinations under section 995.2 and decide whether a defense would be provided."

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