Retaliation Complaint

 

IN THE US DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

Sample Plaintiff,

 

 

v.

 

Fictitious Defendant,)

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COMPLIANT AND JURY TRIAL DEMAND

     Plaintiff, Sample Plaintiff, sues Defendant, Sample Defendant, Inc., and states as follows:

  1. This is a Federal cause of action per 42 U.S.C. § 1981.
  2. Venue and jurisdiction are proper in this Court.
  3. On or about December 4, 2009, Plaintiff sued Defendant claiming racial discrimination regarding Defendant’s employment of him.  Defendant had full knowledge of the lawsuit and Plaintiff’s allegations made therein (herein after referred to as the “Lawsuit”).
  4. The Lawsuit was protected conduct according to the Civil Rights Act of 1866, 42 U.S.C. 1981 and the Civil Rights Act of 1991 additions (e.g., Section 1981(b)).
  5. Sam Sample (Plaintiff’s supervisor and Defendant’s managing agent) also knew about the Lawsuit and allegations made therein.
  6. Following March 18, 2011, in retaliation for Plaintiff’s Lawsuit, the Defendant (via its managing agents) took the following retaliatory acts against the Plaintiff:

A.      On or about September 15, 2011, Defendant moved Plaintiff to a different location and falsely accused him of theft.

B.      Plaintiff was the subject of an intentional and malicious plot by Sam Sample to frame Plaintiff for theft.

C.      Sam Sample and Sample Person, both employees of the Defendant, plotted to write Plaintiff up for theft.

D.      Sam Sample called Plaintiff into the office and said that if he did not sign a write-up admitting to theft they would contact law enforcement and have him arrested.

E.      On the same day Plaintiff was threatened with arrest, Sam Sample also told Plaintiff that all his bridges were burned because of “that lawsuit crap he pulled last time.”

E.      Plaintiff was subjected to involuntary drug tests by Defendant for no good reason or valid suspicion of drug use.

F.      Plaintiff was denied sick time pay, without a valid reason although similarly situated employees regularly receive the same.

G.   Plaintiff has been denied promotion and effectively/practically demoted.

F.      Other employees of the Defendant were recruited by Sam Sample to frame Plaintiff for theft, and when they refused they were fired.

G.      Plaintiff’s co-workers, such as Sample Man, where either turned against him and/or attempted to be turned against him as reflected in the attached Exhibit A.

  1. Plaintiff has been damaged by the aforementioned retaliatory acts by the Defendant via its managing/supervising agents.

COUNT I – Retaliation Per Section 1981

  1. This is an action per the Civil Rights Act of 1866, 42

U.S.C. 1981 and the Civil Rights Act of 1991 additions (e.g., Section 1981(b)), and all amendments thereto.

  1. The allegations made in paragraphs 1-8 above are incorporated herein.
  1. The aforementioned allegations amount to retaliation for Plaintiff’s protected objects of racial discrimination.
  1. Defendant, via its managing agents, has engaged in intentional retaliation and has done so with malice or reckless indifference to the federally protected rights of Plaintiff.
  2. Proximately and directly as a result of Defendant’s conduct, Plaintiff  has suffered damages including but not limited to mental anguish, lost status in his employment, emotional distress, and/or loss of salary and other compensation.
  3. The conduct of Defendant complained of herein was willful, malicious, oppressive, wanton and in complete disregard of the rights of Plaintiff.

WHEREFORE, Plaintiff demands judgment for damages against Defendant and for damages including the following:

a.      back pay,

b.      wages, salary and fringe benefits,

c.      compensatory damages including those for future loss, emotional distress, pain & suffering, inconvenience, mental anguish & loss of enjoyment of life,

d.      attorneys’ fees,

e.      punitive damages,

f.      injunctive relief,

g.      damages,

h.      all other relief deemed necessary and proper by the Court.

Plaintiff demands a trial by Jury on all issues so triable.

 

Respectfully submitted

 

 

 

X                         

Florida Bar No. 153680

Massey & Duffy, PLLC

855 E. Univ. Ave.

Gainesville, FL 32601

(352) 374-0878