Attorney files motion to dismiss

Sexual harassment allegations by a former employee of the Jenkins Law Firm in Alma are "total fabrications" and "wholly without merit," according to a counterclaim and motion to dismiss.

In the counterclaim, Van Buren City Attorney N. Donald Jenkins denies any wrongdoing at his private law firm at 1209 U.S. 71 North as alleged in a civil lawsuit filed in Crawford County Circuit Court on behalf of Angela V. Hopkins of Fort Smith, the former employee.

Hopkins' lawsuit states that she was hired in October 2007 as a legal assistant when her husband, Carl Hopkins, joined the Jenkins Law Firm as an attorney. Her desk was directly in front of Jenkins' primary office, the suit further states.

Almost immediately, Angela Hopkins claims Jenkins began "subjecting her to sexual harassment, including sexual comments, requests for sex, inappropriate touching." The final situation was when Jenkins rubbed against her in a sexual manner.

Jenkins' counterclaim states Angelia Hopkins' allegations are "facially implausible" considering Hopkins' husband's desk was less than 25 feet from her desk and Jenkins' wife's desk was about 26 feet from Hopkins' desk.

Jenkins claims he had little interaction with Hopkins because of his obligations outside the office and due to Hopkins' "chronic tardiness and absenteeism, her inability to do paralegal services outside of bankruptcy, and her utter failure to do work for any attorney in the firm other than her husband."

The counterclaim states Hopkins was never subjected to sexual comments, overtures or contact by "defendants because Jenkins found her to be repulsive, partially because of her personality disorders, and partially because of her persistent fecal odor brought on, according to her, by Crohn's disease."

It also states Hopkins was constantly discussing sexual matters with other female employees and admonished for her "graphic and tasteless commentary."

Hopkins "constantly discussed and showed female coworkers sexual text messages between herself and her brother-in-law's girlfriend, discussed or showed pictures relating to non-descript male organs and discussed her inability to get her husband to ever engage in sexual activities with her," the counterclaim states.

Jenkins further states he had to erase obscenities and pornographic images Hopkins' had drawn with dry erase pens on pictures in the office hallway and had to admonish her for getting drunk at the firm's Christmas party.

The counterclaim states Hopkins' was tardy at least 47 times in her first 90 days of employment, that she left work early at least 33 times and was absent from work at least seven times. It states she failed to follow office rules, lied to clients and "took in excess of $3,204 in client payments that she failed to record to the Jenkins Law Firm accounting software and that she misappropriated from the firm for her own benefit and gain."

Jenkins states he hired Angela Hopkins after being approached by husband Carl Hopkins about his failed law practice in Fort Smith.

"Plaintiff was hired based on her misrepresentations that she was qualified to do paralegal work, that she was competent, that she was honest and that she could be trusted," the counterclaim states.

Further the claim states that Angela Hopkins never complained about a "sexually hostile and offensive work environment" to Jenkins or his wife, Sonja, who was the office manager.

Jenkins claims Angela Hopkins made the sexual harassment allegations after "she and her husband were terminated for cause, in a futile effort to extort monies from defendants and to damage defendants' reputation and standing in the community."

The counterclaim states Jenkins was threatened in a text message and two cell phone messages "the week or so" before the filing of the sexual harassment lawsuit.

It further states Hopkins' complaint is "devoid of ‘fact' and consists of mere fantasy and conclusion," asks the plaintiff receive nothing on her complaint and the defendant be awarded consequential and punitive damages and attorneys' fees and costs.

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