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Tyner settles ex-employees' lawsuit for $1.5 million


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Three women who claimed then-Atlantic County Prosecutor Damon Tyner created a culture of sexism and fear have settled their lawsuit for $1.5 million.
Diane Ruberton, who was fired by Tyner, will now be listed as retired on all records. She will receive her retirement credentials and badge as part of the settlement, which also gives her $1.1 million, minus $400,000 in lawyer fees.
Tyner makes no admissions as part of the settlement, which includes a confidentiality clause.
The settlement was obtained by BreakingAC through an Open Public Records Act request made by reporter Kevin C. Shelly.
Ruberton was acting prosecutor when Damon Tyner was appointed to lead the office in 2017.
But, according to the lawsuit, when she raised questions about the office's handling of certain matters, she was fired in 2018.
Lt. Heather McManus then retired, saying she was fearful she would be next. She will receive $250,000, minus $100,000 to the attorneys.
Chief Assistant Prosecutor Donna Fetzer was still working for the office when the three women filed suit in January 2019. Her portion of the settlement is $150,000, with half going to the attorneys.
The women claimed Tyner demoted women in favor of men, turned a blind eye to reports of sexual harassment and gender discrimination and permitting retaliation against anyone who dared question the culture or other conduct within the office.
Since then, two investigations by the Attorney General's Office of Public Integrity and Accountability confirmed other allegations against Tyner.
Those included misdirecting forfeiture funds, not recusing himself in a case where there was a conflict and violating the nepotism policy by firing two investigators to hire his brother, retired Atlantic City Police Detective Michael Graham.
The office also confirmed a story by BreakingAC that found Tyner lied when he told a group at an Atlantic City rally that he had seen old homicide investigation files involving Black victims with the letters NIM on them. He said he was told that stood for "Non-Important Murder."
But the office had no such files, BreakingAC later learned.
When the second round of findings was made public in April, the three women called for Tyner to be removed, saying the attorney general has removed other county prosecutors "for far less transgressions."
They also said the Attorney General's Office has been pushing for Tyner to step down.
Tyner reportedly refused, until he suddenly resigned in July without comment.
The settlement also requires the three plaintiffs to "provide any and all videos and photographs, which plaintiff has in her possession pertaining to Damon G. Tyner."
No details were given about those photos and videos, but the letter sent by the women's attorneys right before Tyner resigned mentioned a private meeting he had with a woman at a bar in his county vehicle. BreakingAC was previously provided those photos by the person who took them, who was not connected to this case.
Although he is currently out of public office, the allegations against Tyner continue.
A tort claim filed by a domestic violence victim last month claims the office led a campaign of harassment against him in retaliation for complaints he made concerning the office's handling of his cases. That was connected to Anthony Hargrove, the same defendant Tyner should have recused his office from, according to the previous investigation's findings.
The case was moved to Cape May County by the Attorney General's Office, but it seems that transfer never fully happened.

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