IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ROME DIVISION

Transcription

1 Case 4:17-cv HLM-WEJ Document 1 Filed 08/14/17 Page 1 of 15 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ROME DIVISION JAMES CROMER, JR., ) ) Plaintiff, ) CIVIL ACTION ) FILE NO. v. ) ) FLOYD COUNTY SCHOOL DISTRICT, ) FLOYD COUNTY BOARD OF ) EDUCATION, EMPLOYMENT ) ALLIANCES, LLC d/b/a ETOWAH ) EMPLOYMENT AGENCY, and ) SCOTT JUSTICE. ) ) Defendants. ) ) COMPLAINT FOR DAMAGES COMES NOW James Cromer, Jr., (hereinafter Cromer Jr. ), by and through the undersigned counsel, and hereby files his Complaint for Damages against Floyd County School District ( Floyd County SD ) Floyd County Board of Education ( Floyd County BOE ), Employment Alliances, LLC d/b/a Etowah Employment Agency ( Etowah ), and Scott Justice ( Justice ) (hereinafter collectively referred to as the Defendants ) showing as follows:

2 Case 4:17-cv HLM-WEJ Document 1 Filed 08/14/17 Page 2 of 15 Jurisdiction and Venue 1. This Court has jurisdiction over Cromer Jr. s claims pursuant to 42 U.S.C et seq., in that this is an action arising under the laws of the United States to recover damages pursuant to acts of Congress which provide for the protection of civil rights. 2. This Court also has supplemental jurisdiction over Cromer Jr. s state law claims pursuant to 28 U.S.C. 1367, in that said claims arise from the same nucleus of operative facts as the federal claims which form the basis of this Complaint. 3. Venue is proper in the Northern District of Georgia pursuant to 28 U.S.C (b) and (c) because the acts giving rise to this Complaint occurred within this District, and because Defendants are subject to this Court s personal jurisdiction. The Parties 4. Cromer Jr. resides at 215 Harrison Road NW Rome, Georgia and for purposes of the instant action, submits to the jurisdiction and venue of this Court

3 Case 4:17-cv HLM-WEJ Document 1 Filed 08/14/17 Page 3 of Floyd County SD is a government entity with its principal place of business located at 600 Riverside Parkway NE Rome, Georgia Floyd County SD is subject to the jurisdiction of this Court and may be served at 600 Riverside Parkway NE Rome, Georgia Floyd County BOE is responsible for formulating policies for the administration of all Floyd County public schools, including Coosa High School, and for the training and supervision of its employees in accordance with the authority granted in the Ga. Const. Art. VII, 5, paras. 1 and 2, and O.C.G.A Floyd County BOE may be served through at 600 Riverside Parkway NE Rome, Georgia Etowah is a Georgia Corporation, with its principal place of business located at 309 East 2nd Avenue Rome, Georgia Etowah is subject to the jurisdiction of this Court and may be served through its registered agent for service of process at 309 E. 2nd Ave, Floyd, Rome, GA,

4 Case 4:17-cv HLM-WEJ Document 1 Filed 08/14/17 Page 4 of 15 Statement of Facts 8. Cromer Jr., satisfied all necessary conditions precedent prior to filing this Complaint, including the timely filing of a Charge of Discrimination (hereinafter the Charge ) with the Equal Employment Opportunity Commission (hereinafter the EEOC ), the receipt of a Right to Sue Letter from the EEOC and the filing of the instant lawsuit within ninety (90) days of his receipt of the Right to Sue Letter. 9. Cromer Jr. also received a Right to Sue Letter from the U.S. Department of Justice, as it relates to filing a charge of discrimination against a government entity. The instant lawsuit was filed within ninety (90) days of both Right to Sue Letters. 10. Etowah, an employment agency, placed Cromer Jr. as a custodian at Coosa High School ( Coosa High ) in Etowah, Georgia. 11. Coosa High is a public school within the Floyd County SD. 12. Floyd County BOE is responsible for formulating policies for the administration of the Floyd County SD

5 Case 4:17-cv HLM-WEJ Document 1 Filed 08/14/17 Page 5 of Etowah, Floyd County SD, and Floyd County BOE jointly employed Cromer Jr. Therefore, Etowah, Floyd County SD, and Floyd County BOE are joint employers. Etowah, Floyd County SD, and Floyd County BOE shared control and supervision of Cromer Jr. s employment. 14. While employed at Coosa High, Cromer Jr. s supervisor, Justice, subjected Cromer Jr. to severe and pervasive sexual harassment. 15. On one occasion, Justice hit Cromer Jr. in the testicles. Justice would then smile and laugh about it in a mocking way. 16. Justice frequently commented on Cromer Jr. s appearance in a swooning voice, telling him he looked good today. These were not mere compliments. This sexual harassment continued throughout Cromer Jr. s employment. 17. It is believed and, therefore alleged, that Justice also sexually harassed other employees. Justice also harassed James Cromer, Sr. ( Cromer Sr. ) and Edwin - 5 -

6 Case 4:17-cv HLM-WEJ Document 1 Filed 08/14/17 Page 6 of 15 Howell ( Howell ) (both of whom are herein collectively referred to as, coworkers ). 18. Late in the summer of 2016, Cromer Jr. and some other employees were in the cafeteria. Cromer Jr. was waxing the floor. Justice approached and forcibly shoved his fingers up Cromer Jr. s rectum and moved them around. Cromer, Jr. was angry, mortified, humiliated and felt powerless to object or defend himself. 19. After Justice fingered Cromer Jr. s rectum, Cromer Jr. decided he could not take it anymore and he needed to do something. 20. Cromer Jr. was unsure to who or where or how to report the harassment. Worse, Cromer, Jr. could not report the conduct to his supervisor because his supervisor was the harasser. 21. Cromer Jr. remembered seeing Dr. Glenn White ( Dr. White ) from the Floyd County BOE at a few school functions. On several occasions, Cromer Jr. saw Dr. White speaking to Justice. Cromer Jr. was under the impression that Dr. White was - 6 -

7 Case 4:17-cv HLM-WEJ Document 1 Filed 08/14/17 Page 7 of 15 Justice s supervisor, or at least someone who could either help or direct him to the right person. 22. Cromer Jr. called Meghan, a human resources employee with Etowah asking for advice. Meghan was unhelpful. Unsure what to do, Cromer Jr. suggested scheduling a meeting with the co-workers and Dr. White. Meghan expressed that she thought the meeting was a good idea and she also volunteered that other employees were having similar issues with Justice. 23. On August 31, 2016, at approximately 10:00 A.M., Cromer Jr., Cromer Sr., and Howell (collectively the Victims ) met with Dr. White to formally complain about Justice s sexual harassment. The Victims discussed Justice s sexual harassment and how this behavior embarrassed and humiliated them, and that Justice was creating an untenable working environment. 24. At the meeting, and without conducting any investigation at all, Dr. White sided with Justice and turned on the victims. It is unclear whether Dr. White knew anything about the victims or their employment history. None of the Victims had been disciplined before. Nevertheless, Dr. White elected to respond to the very - 7 -

8 Case 4:17-cv HLM-WEJ Document 1 Filed 08/14/17 Page 8 of 15 serious complaint by criticizing the work performance of the victims. Dr. White went on to tell the victims how Justice was a valuable employee with a long and successful career with Floyd County. 25. Without any sort of formal investigation, Dr. White chose to transfer the victims, not Justice, to other schools. In contrast, Justice was never transferred or disciplined. 26. Approximately five hours after the meeting, Dr. White informed Cromer, Jr. that he was to transfer to Pepperell Middle School which is approximately 12 miles further from Cromer Jr. s home. This transfer made it impossible for Cromer Jr. to get to work. 27. Still having conducted no formal investigation into the very serious allegations of the victims, Dr. White, and Defendants retaliated against Cromer Jr. by terminating him on the very same day and less than five hours after Cromer, Jr. complained and asked for help

9 Case 4:17-cv HLM-WEJ Document 1 Filed 08/14/17 Page 9 of 15 Count I: Sexual Harassment/ Hostile Work Environment in Violation of Title VII of the Civil Rights Act of 1964 (42 U.S.C et seq.) 28. Cromer Jr. hereby incorporates Paragraphs 1 through 27 of this Complaint, as if same were set forth fully herein. 29. Defendants are corporate or government entities, engaged in industries affecting commerce and are employers within the meaning of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000(e), et seq. 30. Cromer Jr. is a male and a member of a protected class under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000(e), et seq. 31. Justice, acting in the scope of his employment, sexually harassed Cromer Jr. in a severe and pervasive manner. The sexual harassment did alter the terms and conditions of Cromer Jr. s employment and created an abusive working environment. Defendants condoned and ratified the sexual harassment when they failed to investigate the complaint, attempted to transfer Cromer, Jr. to a work location that he could not commute to and then terminated Cromer, Jr. because he complained

10 Case 4:17-cv HLM-WEJ Document 1 Filed 08/14/17 Page 10 of Defendants violated Cromer Jr. s rights by, among other things, subjecting him to a sexually harassing and hostile working environment, taking adverse employment actions against him for his refusal to acquiesce to sexual advances, and by failing to take reasonable preventative or corrective measures with respect to the unlawful harassing conduct. 33. The Defendants are per se liable for the sexual harassment and the hostile working environment in violation of Title VII. 34. Additionally and in the alternative, the Defendants unlawful conduct constitutes sexual harassment culminating in an ultimate employment action against Cromer Jr. 35. As a direct and proximate result of the Defendants actions, Cromer Jr. has suffered damages including emotional distress, inconvenience, loss of income, humiliation, and other indignities

11 Case 4:17-cv HLM-WEJ Document 1 Filed 08/14/17 Page 11 of Therefore, Cromer Jr. is entitled to actual, compensatory and punitive damages in amounts to be proven at trial. Count II: Retaliation 37. Cromer Jr. hereby incorporates Paragraphs 1 through 36 of this Complaint, as if same were set forth fully herein. 38. In complaining about Scott Justice s sexual harassment, Cromer Jr. engaged in protected activity under 42 U.S.C et seq. 39. By terminating Cromer Jr. s employment as a result of his complaint, and without investigating, Defendants unlawfully retaliated against Cromer Jr., in violation of 42 U.S.C et seq. 40. Defendants retaliatory conduct towards Cromer Jr. was willful, intentional, malicious and/ or reckless

12 Case 4:17-cv HLM-WEJ Document 1 Filed 08/14/17 Page 12 of Defendants retaliatory acts would dissuade a reasonable employee of Defendants from making complaints asserting their rights under 42 U.S.C et seq. 42. Due Defendants retaliation, Cromer Jr. has suffered and continues to suffer harm, including financial loss and emotional distress. 43. As a result of Defendant s retaliation, Cromer Jr. is entitled to all legal and equitable relief available under 42 U.S.C et seq., including but not limited to reinstatement, front pay, back pay, liquidated damages in an amount equal to all lost wages, non-pecuniary damages for emotional distress, attorneys fees, and costs. Count III: Assault 44. Cromer Jr. hereby incorporates Paragraphs 1 through 43 of this Complaint, as if same were set forth fully herein

13 Case 4:17-cv HLM-WEJ Document 1 Filed 08/14/17 Page 13 of On many occasions, Justice, acting within the scope of his employment, caused Cromer Jr. to reasonable apprehend imminent touching or other harm that would be harmful and/or offensive. 46. Defendants are liable for the actions of Justice because the actions took place within the scope of Justice s employment. In fact, Justice was only able to assault Cromer Jr. because Justice was Cromer Jr. s supervisor. Count IV: Battery 47. Cromer Jr. hereby incorporates Paragraphs 1 through 46 of this Complaint, as if same were set forth fully herein. 48. Justice, acting within the scope of his employment, battered Cromer Jr. when Justice slapped Cromer, Jr. s testicles and shoved his fingers inside Cromer Jr. s rectum. 49. Justice intended to make non-consensual contact with Cromer Jr

14 Case 4:17-cv HLM-WEJ Document 1 Filed 08/14/17 Page 14 of Defendants are liable for the actions of Justice because the actions took place within the scope of Justice s employment. In fact, Justice was only able to batter Cromer Jr. because Justice was Cromer Jr. s supervisor. 51. Therefore, Cromer Jr. is entitled to actual, compensatory and punitive damages in amounts to be proven at trial. WHEREFORE, Cromer Jr. prays for the following relief: (a) (b) (c) That service of process issue; For a trial by a jury; For an award of actual and compensatory damages in amounts to be proven at trial; (d) For an award of punitive damages in an amount to be proven at trial and sufficient to punish defendants and to deter them from engaging in similar conduct in the future; (e) For an award of litigation expenses and costs, including attorneys fees; and (f) For such other and further relief as this Court deems just and proper. [DATE AND SIGNATURES FOLLOW]

15 Case 4:17-cv HLM-WEJ Document 1 Filed 08/14/17 Page 15 of 15 Respectfully submitted this 14th day of August, Peachtree Road NE, Suite 2570 Atlanta, Georgia (404) (telephone) (404) (facsimile) lcohan@cohanlawgroup.com afenster@cohanlawgroup.com COHAN LAW GROUP, LLC /s/ Louis R. Cohan LOUIS R. COHAN Georgia State Bar No ARIEL D. FENSTER Georgia State Bar No Attorneys for Plaintiff I further certify that the foregoing has been prepared in a Times New Roman 14-point font, one of the font and point selections approved by the Court in Local Rule 5.1(C). COHAN LAW GROUP, LLC /s/ Ariel D. Fenster ARIEL D. FENSTER Georgia Bar No

16 Case 4:17-cv HLM-WEJ Document 1-1 Filed 08/14/17 Page 1 of 2 JS 44 (Rev. 06/17) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS Floyd County School District, Floyd County Board of Education, James Cromer, Jr. Etowah Employment Alliances, LLC d/b/a Etowah Employment Agency, and Scott Justice (b) County of Residence of First Listed Plaintiff Floyd County County of Residence of First Listed Defendant Floyd (EXCEPT IN U.S. PLAINTIFF CASES) NOTE: (c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) Cohan Law Group 3340 Peachtree Road NE, Suite 2570 Atlanta, Georgia II. BASIS OF JURISDICTION (Place an X in One Box Only) (IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) 1 U.S. Government 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4 of Business In This State 2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country IV. NATURE OF SUIT (Place an X in One Box Only) Click here for: Nature of Suit Code Descriptions. CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC False Claims Act 120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC Withdrawal 376 Qui Tam (31 USC 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC (a)) 140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment 150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust & Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking 151 Medicare Act 330 Federal Employers Product Liability 830 Patent 450 Commerce 152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and (Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY 480 Consumer Credit of Veteran s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards 861 HIA (1395ff) 490 Cable/Sat TV 160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending Act 862 Black Lung (923) 850 Securities/Commodities/ 190 Other Contract Product Liability 380 Other Personal 720 Labor/Management 863 DIWC/DIWW (405(g)) Exchange 195 Contract Product Liability 360 Other Personal Property Damage Relations 864 SSID Title XVI 890 Other Statutory Actions 196 Franchise Injury 385 Property Damage 740 Railway Labor Act 865 RSI (405(g)) 891 Agricultural Acts 362 Personal Injury - Product Liability 751 Family and Medical 893 Environmental Matters Medical Malpractice Leave Act 895 Freedom of Information REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation FEDERAL TAX SUITS Act 210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 870 Taxes (U.S. Plaintiff 896 Arbitration 220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act or Defendant) 899 Administrative Procedure 230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS Third Party Act/Review or Appeal of 240 Torts to Land 443 Housing/ Sentence 26 USC 7609 Agency Decision 245 Tort Product Liability Accommodations 530 General 950 Constitutionality of 290 All Other Real Property 445 Amer. w/disabilities Death Penalty IMMIGRATION State Statutes Employment Other: 462 Naturalization Application 446 Amer. w/disabilities Mandamus & Other 465 Other Immigration Other 550 Civil Rights Actions 448 Education 555 Prison Condition 560 Civil Detainee - Conditions of Confinement V. ORIGIN (Place an X in One Box Only) 1 Original 2 Removed from Proceeding State Court VI. CAUSE OF ACTION 3 Remanded from 4 Reinstated or 5 Transferred from Appellate Court Reopened Another District (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Title VII Brief description of cause: 6 Multidistrict Litigation - Transfer 8 Multidistrict Litigation - Direct File VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) IF ANY DATE CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P. (See instructions): JUDGE DEMAND $ SIGNATURE OF ATTORNEY OF RECORD CHECK YES only if demanded in complaint: JURY DEMAND: Yes No DOCKET NUMBER FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

17 JS 44 Reverse (Rev. 06/17) Case 4:17-cv HLM-WEJ Document 1-1 Filed 08/14/17 Page 2 of 2 INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I.(a) (b) (c) II. III. IV. Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)". Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C and Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.) Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code that is most applicable. Click here for: Nature of Suit Code Descriptions. V. Origin. Place an "X" in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section Multidistrict Litigation Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statue. VI. VII. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.