IN THE UNITED STATES DISTRICT COURT NORTHER DISTRICT OF GEORGIA

Transcription

1 Case 1:17-cv MHC Document 1-2 Filed 05/08/17 Page 1 of 10 CHUCK FOSTER IN THE UNITED STATES DISTRICT COURT NORTHER DISTRICT OF GEORGIA Plaintiff CIVIL ACTION FILE NO. vs. CHEROKEE COUNTY, ASHLEY B. WATSON, LORI THOMPSON, TIM PRATHER, and JERRY COOPER Defendants PLAINTIFF'S COMPLAINT COMES NOW Chuck Foster, Plaintiff in the above styled action and states his complaint as follows: I. INTRODUCTION 1. This action is brought by Plaintiff for violations of his constitutional rights to Due Process and Equal Protection guaranteed under the IV th Amendment to the US Constitution. II. JURISDICTION 2. This action is for violation of constitutional rights pursuant to 42 USC 1983, et seq. Therefore, this Honorable Court has jurisdiction over the Plaintiff's claims pursuant to 28 U.S.C

2 Case 1:17-cv MHC Document 1-2 Filed 05/08/17 Page 2 of This Honorable Court has jurisdiction over the Plaintiffs' state law pendant claims pursuant to 28 U.S.C (A). III VENUE 4. The Northern District of Georgia is an appropriate venue for this action because all defendants capacities reside in this district. 28 USC 1391(b)(l). 5. The Northern District of Georgia is also an appropriate venue because the events giving rise to Plaintiffs' claims have occurred in this district. 28 USC 1391 (b )(2) IV THE PARTIES 6. The Plaintiff, Chuck Foster, was a certified firefighter employed by the Cherokee County Fire Department for app. 21 years. 7. The County of Cherokee is a municipal subdivision of the State of Georgia. Service may be perfected upon this Defendant through the office of the County Manager, 1130 Bluffs Parkway, Canton, Georgia Defendant Ashley B. Watson was an employee of the Cherokee County Fire Department. Personal service may be perfected upon this defendant at 5276 Union Hill Road, Canton, Georgia Defendant Lori Thompson is the Human Resource Manager for Cherokee -2-

3 Case 1:17-cv MHC Document 1-2 Filed 05/08/17 Page 3 of 10 County. Service may be perfected upon this Defendant through the office of the County Manager, 1130 Bluffs Parkway, Canton, Georgia Defendant Tim Prather is the Fire Chief for Cherokee County. Service may be perfected upon this Defendant through the office of the County Manager, 1130 Bluffs Parkway, Canton, Georgia Defendant Jerry Cooper is the County Manager for Cherokee County. Service may be perfected upon this Defendant through the office of the County Manager's Office, 1130 Bluffs Parkway, Canton, Georgia V. STATEMENT OF THE FACTS 12. The Plaintiff is a certified firefighter, and served with the Cherokee County Fire Department for approximately 21 years. 13. During his employment with Cherokee, Plaintiff rose to the rank of Captain. 14. The Defendant Ashley Watson was employed as a Firefighter/Paramedic with the Cherokee County Fire Department. 15. During Defendant Watson's time with the fire department, she was consistently absent from duty for alleged injuries or illnesses. 16. Defendant Watson was disciplined for excessive absences and abuse of sick -3-

4 Case 1:17-cv MHC Document 1-2 Filed 05/08/17 Page 4 of 10 leave. 17. In 2013, Plaintiff was instructed, by headquarters, to change the language on a previously completed employee evaluation on Defendant Watson, and he complied. 18. Defendant Watson was terminated at the directions of Defendants Thompson, Prather and Cooper. 19. In an effort to regain her job, Defendant Watson conspired with Defendants Thompson, Prather, Cooper and an unidentified political party. 20. As part of the conspiracy, Defendant Watson made false and malicious claims against the Plaintiff. 21. One of her false claims was that Plaintiff had changed her evaluation in retaliation for rejected sexual advances. 22. The claim was false and known to be false by the Defendants. 23. Defendant Watson made other accusations against Plaintiff which were also false. 24. In order to justify giving Watson a job back, the Defendants went through the motions of pretending to do an investigation of Watson's claims against -4-

5 Case 1:17-cv MHC Document 1-2 Filed 05/08/17 Page 5 of 10 Plaintiff and other members of the Fire Department. 25. The internal affairs investigation was a farce. 26. The internal affairs investigator was a friend of Watson, and had known her for app. 15 years. 27. There was no real investigation and the results was predestined. 28. At the conclusion of the investigation, Watson was given a job, but without any apparent work, a settlement at tax payer's expense, and allowed to retire. 29. The Plaintiff was terminated based upon what Defendants knew were the false accusations of Watson. 30. Cherokee County has policies that guarantee the employee the right to a fair and honest appeal. 31. Plaintiff exercised his right and appealed his termination. 32. Plaintiff was never given a fair and impartial appeal. 33. Defendants hd already predetermined that Plaintiff would be terminated. 34. Cherokee County personnel polices dictate progressive discipline. -5-

6 Case 1:17-cv MHC Document 1-2 Filed 05/08/17 Page 6 of Even if Plaintiff had been guilty of some of the claims by Watson, he would have been subjected to far less discipline than termination. 36. Plaintiff has a property interest in his professional certification and his professional reputation. 37. As a results of the actions of the Defendants, Plaintifrs professional reputation has been damaged, and his ability to continue in his chosen profession has been damaged. 38. After his termination, Plaintiff was subjected to public ridicule and embarrassment when Defendants made his termination and the false charges public. VI. CAUSES OF ACTION COUNT ONE 39. Plaintiff incorporates into Count One the numbered paragraphs 1 through Defendants, while acting under color of state law, did knowingly and wilfully enter into a conspiracy to deprive the Plaintiff of his constitutional rights to equal protection and due process of law. -6-

7 Case 1:17-cv MHC Document 1-2 Filed 05/08/17 Page 7 of Defendants took action to put the conspiracy into action. 42. The Defendants did deprive the Plaintiff of his constitutional rights. 43. The Defendants action were intentional, wilful and malicious. Done with a conscious disregard for the consequences. 44. As a direct and proximate result of Defendants' actions, Plaintiff has suffered damages. COUNT TWO 45. Plaintiff incorporates into Count Two the numbered paragraphs 1 through Defendants knowingly prosecuted false charges against the Plaintiff in order to justify the rehiring and benefits given to Watson. 47. Defendants intentionally violated Cherokee County's own policies concerning discipline and appeals. 48. The Defendants did deprive the Plaintiff of his constitutional rights. 49. The Defendants action were intentional, wilful and malicious. Done with a conscious disregard for the consequences. 50. As a direct and proximate result of Defendants' actions, Plaintiff has -7-

8 Case 1:17-cv MHC Document 1-2 Filed 05/08/17 Page 8 of 10 suffered damages. COUNT THREE 51. Plaintiff incorporates into Count Two the numbered paragraphs 1 through Defendant Watson knowingly made false statements about the Plaintiff. 53. Defendant Watson's false statements were intended to cause harm to Plaintifrs professional reputation and injure him in his profession. 54. Defendant Watson's false statements are defamation per se. 55. As a result of Defendant Watson's defamation Plaintiff is entitled to an award of compensatory damages, punitive damages and litigation cost. Wherefore, Plaintiff prays A. That Defendants be held jointly and/or severally liable; B. That Plaintiff be awarded compensatory damages in such amount as the jury may determine, but not less than Two Million Dollars; C. That Plaintiff be awarded punitive damages against the individual defendants in such amount as the jury may determine, but not less than Two Million Dollars; -8-

9 Case 1:17-cv MHC Document 1-2 Filed 05/08/17 Page 9 of 10 D. That Plaintiff be awarded reasonable attorney fees and expenses of litigation. E. That Plaintiff receive such additional relief as the Court deems appropriate. Respectfully submitted, SI Cli(ford H. Hardwick Attorney for Plaintiff Georgia Bar No Alpharetta Highway Suite E-1 Roswell, Georgia CERTIFICATE OF COMPLIANCE WITH L.R. 5.1 I hereby certify that the foregoing document was prepared in Times New Roman, 14-point font, as approved by Local Rule 5.lC Respectfully submitted, SI CliUord H. Hardwick -9-

10 Case 1:17-cv MHC Document 1-2 Filed 05/08/17 Page 10 of 10 IN THE UNITED STATES DISTRICT COURT NORTHER DISTRICT OF GEORGIA CHUCK FOSTER Plaintiff CIVIL ACTION FILE NO. vs. CHEROKEE COUNTY, ASHLEY B. WATSON, LORI THOMPSON, TIM PRATHER, and JERRY COOPER Defendants DEMAND FOR JURY TRIAL Comes Now Chuck Foster, Plaintiff in the above styled action, and files this his demand for trial by jury. Respectfully submitted, Alpharetta Highway Suite E-1 Roswell, Georgia SI CliUord H. Hardwick Attorney for Plaintiff Georgia Bar No