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Before the Iowa Civil Rights Commission
IOWA CIVIL RIGHTS COMMISSION,
State Law Enforcement Agency,
MICHAEL FISHNICK and PATRICIA
DUBUQUE AERIE #568 OF THE
FRATERNAL ORDER OF THE EAGLES,
a/k/a DUBUQUE FRATERNAL ORDER OF
EAGLES ) NO. 568, a/k/a DUBUQUE
ASSOCIATION NO. 568 OF THE
FRATERNAL ORDER OF EAGLES, an Iowa
nonprofit corporation, and STEVE KUHLE,
03-13-64009 and 03-13-63965
The Administrative Law Judge's Supplemental Proposed Decision, dated November 21,
2016, is adopted with the exception of the following:
1) Page 13, paragraph 5 is reversed.
2) Pages 9 and 10, and the first paragraph of page 11 (section B-Personal Liability of
Respondent Steven Kuhle) are stricken.
The Proposed Decision dated September 2,2015 is affirmed against the non-profit DUBUQUE
AERIE #568 OF THE FRATERNAL ORDER OF THE EAGLES, a/k/a DUBUQUE
FRATERNAL ORDER OF EAGLES NO. 568, a/k/a DUBUQUE ASSOCIATION NO. 568 OF
THE FRATERNAL ORDER OF EAGLES, an Iowa nonprofit corporation, but is reversed as to
Respondent Steve Kuhle. Steve Kuhle's actions as a trustee of the non-profit organization form
the basis for this FINAL ORDER, but he is not personally liable as an individual due to the
immunity provided for in Iowa Code Section 504.901 (1).
3) Damages are awarded as indicated for all parties in the Administrative Law Judge's
Proposed Decision September 2, 2015.
4) The Administrative Law Judge's award of Complainants Fishnick and Kelly's
Attorney's fees of $25,077 as of September 13,2016 is affirmed.
5) The emotional damages are affirmed in total as proposed by the Administrative Law
Judge on September 2, 2015,
Commissioner Conley dissented solely on the emotional damages award, and indicated he would
not award any emotional damages.
Dated this 6th day of April, 2017.
Chair, Iowa Civil Rights Commission
Law Office of Robert Sabers
3003 Asbury Road
Dubuque, Iowa 52001
Allan Richards, Attorney at Law
P.O. Box 448
Tama, Iowa 52339
allanmaxrichards (%aol. corn
Assistant Attorney General
Civil Rights Section
Hoover State Office Building, Second Floor
Des Moines, Iowa 50319