Polk County is paying $125,000 to resolve a former prosecutor’s lawsuit alleging sex discrimination and retaliation.
Shannon Archer worked for the Polk County Attorney’s Office from 2010 to 2022, when it was led by then-County Attorney John Sarcone, and frequently handled high-profile cases of murder and other serious crimes. In 2023 Archer, who now works for the Iowa Attorney General’s Office, filed suit against the county, alleging she’d been treated poorly because of her gender and was forced out of the office after filing complaints.
Now the county is settling Archer’s case, with supervisors voting Tuesday, June 17, to approve a settlement agreement. The case had been scheduled for trial next week until the parties notified the court of the impending deal.
What was the lawsuit about?
John Sarcone
In her complaint, Archer alleged that Sarcone, county attorney for 32 years, and his senior deputies belittled or acted inappropriately toward female prosecutors and steered high-profile cases toward less-qualified male colleagues. Sarcone, who in 2023 said he “vigorously” denied any wrongdoing, retired at the end of 2022 and was replaced by current officeholder, Kimberly Graham.
Archer described a culture of alleged impunity for men accused of inappropriate conduct, and accused Sarcone of taking cases from more experienced female attorneys and directing them to less-experienced men. She alleged that the then-chief of the office’s criminal bureau, Tom Miller, was abrasive and hostile, and at one meeting “loudly berated her” and baselessly accused her of having an alcohol problem after a disagreement about planning for a crime victim event.
When she complained to Sarcone and county human resources, she alleged, she was taken off her former docket of murders and other violent crimes and assigned instead to handle nonviolent minor felonies. She eventually took medical leave in June 2022 and resigned that September.
County settling case for $125,000
The settlement agreement includes a $125,000 payout, with $65,000 going to Archer and $60,000 to her attorneys.
In a statement released by her attorneys Tuesday, Archer said the county also had agreed to review and possibly update its employment policies.
“It was not an easy journey to get to this point, but I am grateful that Polk County has agreed to review their internal policies to ensure legal compliance,” she said. “A prosecutor’s office has a responsibility to act with fairness, integrity and respect with their own staff and the people they serve. It is important that we, the public, demand transparency and accountability from them moving forward.”
Court dismisses claim attorney had no choice but to resign
The deal comes a month after a Polk County judge denied the county’s motion for summary judgment on all claims. Judge David Nelmark found that Archer had plausible claims of discrimination and retaliation based on her supervisors removing her from her former major felony docket, including evidence of preferential treatment of male colleagues.
But Nelmark did dismiss Archer’s claim for “constructive discharge,” alleging that her treatment had been so injurious that “a reasonable person… would be compelled to resign.” In particular, Nelmark found that there was evidence Polk County was trying to address Archer’s concerns, including allowing her to work from home and encouraging her to take leave or other options for the final months of Sarcone’s tenure.
“Ms. Archer’s conclusion that resignation was the only reasonable resolution is not tenable given the circumstances,” he wrote.
Archer: ‘I never felt like I was fighting alone’
In her statement, Archer said she was inspired by the crime victims she had worked with and female colleagues who had shared their own experiences of working with the county.
“Without you and my family and friends, I would not have had the courage to push through to resolution,” she said. “It’s because of you that I never felt like I was fighting alone.”
A spokesperson for Polk County declined to comment.
William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166.
This article originally appeared on Des Moines Register: Polk County settles former prosecutor’s sex discrimination lawsuit