Chisago County, ex-sheriff held liable in bizarre sex case

A federal judge has held Chisago County and former County Sheriff Rick Duncan liable for sexual harassment, setting up a jury trial to decide the amount of damages an ex-employee of the Sheriff's Office will receive.

The ruling Thursday came after a bizarre episode in which Duncan tried to get the woman to have sex with him by sending anonymous letters under the name "Control Freak," threatening her and her children if she and Duncan didn't follow orders.

Michelle Jacobson had been working as a crime analyst in the Sheriff's Office for four years when Duncan approached her in the fall of 2017 and told her of letters he'd gotten from someone signed "Control Freak," who took pleasure in forcing them to follow orders.

One letter ordered the pair to attend a professional conference in Bemidji. They were to book a single room with a king-size bed and bring swimsuits and a deck of cards. Duncan shared other communications in which "Control Freak" threatened to harm Jacobson's four children.

After Jacobson reported the incidents, the county hired an outside investigator and Duncan admitted writing the letters himself. He resigned abruptly in June 2018 after nearly eight years as sheriff and later pleaded guilty to misdemeanor criminal charges of harassment and misconduct by a public official.

Jacobson sued him and the county in federal court, claiming violations of federal and state law. In her ruling, U.S. District Judge Susan Richard Nelson granted a motion by Jacobson for summary judgment. In other words, the judge decided that the facts of the case were strong enough to rule in Jacobson's favor without a trial.

"The court finds that Duncan's dark masquerade as 'Control Freak' was extreme and outrageous as a matter of law," Nelson wrote in her opinion. "Duncan's conduct throughout the course of the Control Freak scheme, for which he was criminally charged and to which he pled guilty, was 'so atrocious that it passes the boundaries of decency and is utterly intolerable to the civilized community,' and the court finds that no reasonable jury could conclude otherwise."

The judge also ruled that Duncan is liable for intentional infliction of emotional distress. Testimony showed that Jacobson quit her job and moved her family to another county. She's been seeing a therapist for several years and suffers from post-traumatic stress syndrome, according to court records. The judge found that Chisago County was not liable for intentional infliction of emotional distress.

Attorneys for Chisago County did not respond to a request for comment. Duncan's attorney also declined to comment.

St. Paul attorney Leslie Lienemann, who represents Jacobson, said it's unusual for a plaintiff in a lawsuit to get a summary judgment. But in this case, she said, the facts were undisputed and strongly on Jacobson's side.

"It's such an outrageous abuse of power that [simply] saying that isn't enough," she said. "The impact on this woman has been dramatic. This has impacted every aspect of her life."

"This has been a very long road for Michelle Jacobson. She has waited more than three years for the county and the county sheriff to be held accountable," Lienemann said. "And finally the court has held them accountable."

A jury trial for damages has been scheduled for January.

John Reinan • 612-673-7402