coach's lawsuit against huntsville schools

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

MAURICE FORD, )

)

Plaintiff, ) Case No. ___________________

v. )

)

HUNTSVILLE CITY BOARD OF )

EDUCATION & )

DR. CASEY WARDYNSKI, )

SUPERINTENDENT, )

INDIVIDUALLY )

& JOINTLY, )

)

Defendants. )

__________________________________________________________________

COMPLAINT

COMES NOW, Maurice Ford (hereinafter “Plaintiff”) and hereby files this

Complaint against The Huntsville City Board of Education, (hereinafter The

Board), and Dr. Casey Wardynski, (hereinafter Dr. Wardynski) Defendants, and

states as follows:

JURISDICTION

1. This is an action for declaratory judgment, equitable relief and

monetary damages, instituted to secure the protection of and to redress the

deprivation of rights secured through Title VII of the Act of Congress known as

the “Civil Rights Act of 1964,” as amended, including the Civil Rights Act of

FILED 2015 Nov-20 PM 01:16U.S. DISTRICT COURT

N.D. OF ALABAMA

Case 2:15-cv-02127-AKK Document 1 Filed 11/20/15 of 6

1991, 42 U.S.C. § 2000 (e) et seq. (hereinafter “Title VII”), which provides for

relief from race discrimination pursuant to 28 U.S.C. §§ 1331, 1343(4).

2. Plaintiff has fulfilled all conditions precedent to the institution of this

action under Title VII. Plaintiff filed a charge of discrimination with the Equal

Employment Opportunity Commission (hereinafter “EEOC”) on November 29,

2013 (No. 420-2013-03181). The foregoing charge of race discrimination and

retaliation was filed within 180 days of the occurrence of the last respective

discriminatory act. Plaintiff received his right to sue on or about September 14,

2015. Copies of the aforementioned EEOC Charge and Dismissal and Notice of

Rights are attached hereto as Exhibit A.

3. The unlawful practices alleged herein were committed by Defendant

in Madison County in the State of Alabama. Venue is proper in this court pursuant

to 28 U.S.C. § 1391(e)(3).

PARTIES

4. Plaintiff, Maurice Ford, is an African American male citizen of the

United States of America, is a resident of the state of Alabama and is over the age

of 19. At all times relevant to this action, Mr. Ford was employed by Defendant,

the Board.

5. Defendant the Board, is an employer and is subject to suit under 42

U.S.C. §2000(e) et seq. At all times relevant to this action, Defendant has


employed at least 15 persons. Defendant, Dr. Wardynski, was Superintendent of

the Board where plaintiff was employed at all times relevant to this action.

FACTS

6. Plaintiff worked for the Board from August 2009 until June 27, 2013

as a teacher and basketball coach at J.O. Johnson High School under jurisdiction of

the and control of the defendant’s the Board and Dr. Wardynski.

7. On June 27, 2013, Plaintiff learned he was terminated as head

basketball coach at J.O. Johnson High School in Huntsville, AL, from a local

newspaper article. After contacting new principal, Eric Jones, about the published

reports of a white male, named Jack Doss, being hired as head basketball coach at

J.O. Johnson, Plaintiff was told by Mr. Jones that the Board sent an email

instructing him that all coaches at J.O. Johnson, except, Plaintiff, could reapply for

their positions.

8. The Board did not internally or externally advertise, post or give

notice that Plaintiff’s position as head basketball coach was vacant and the Board

refused to allow Plaintiff to apply or reapply for his position despite fact he had

defeated the newly hired coach 6 straight times while Jack Doss was head

basketball coach at Butler High School in Huntsville, including the 2013 high

school playoffs.

9. That neither the Board, nor Dr. Wardynski provided Plaintiff with any


reason for their actions not to allow him to apply for his own position or why he

was terminated after leading J.O. Johnson to the Alabama High School

championship game just 3 months prior to termination. This was J.O. Johnson’s

first appearance in the championship game since 1987, over 26 years.

10. That Dr. Wardynski and the Board conspired with the newly hired

athletic Director, Wade Lipscomb, a personal friend of Dr. Wardynski and Jack

Doss, to terminate Plaintiff in favor of Mr. Doss based on race.

11. Plaintiff received his Dismissal and Notice of Rights on or about

September 14, 2015.

COUNT I—RACE DISCRIMINATION IN VIOLATION

12. Plaintiff re-alleges and incorporates the allegations set forth above in

paragraphs 1-11 above as if set forth herein in full.

13. Defendants discriminated against Plaintiff on the basis of race with

respect to the terms and conditions of his employment.

14. Defendants hired a Caucasian in the position held by Plaintiff, a black

male, before Plaintiff was notified of being terminated and without opportunity to

apply or interview for the job.

15. Plaintiff was not allowed to apply, reapply or interview for his own

job and based on information and belief, any legitimate, non-discriminatory reason

given by Defendants are merely pretext for race discrimination.


16. Plaintiff has no plain, adequate, or complete remedy at law to redress

the wrongs alleged, other than this action, for back pay, injunctive and declaratory

relief. Plaintiff is now suffering and will continue to suffer irreparable injury from

Defendants’ unlawful policies and practices as set forth herein, unless enjoined by

this Court.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this honorable Court

assumes jurisdiction of this action and after trial:

1. Issue a declaratory judgment that the employment policies and practices,

conditions, and customs of Defendant the Board, and its Superintendent, Dr.

Wardynski, violate of the rights of Plaintiff as secured by Title VII.

2. Grant Plaintiff a permanent injunction enjoining Defendants, its

agents, successors, employees, attorneys and those acting in concert with

Defendants and at Defendants’ request from continuing to violate Title VII.

3. Enter an Order requiring Defendants to make Plaintiff whole by

awarding him the position he would have occupied in the absence of race

discrimination, back pay (plus interest), front pay, lost benefits, compensatory and

punitive damages.

4. Plaintiff further prays for such other relief and benefits as the cause of

justice may require, including, but not limited to, and award of costs, attorneys’


fees and expenses.

JURY DEMAND

Plaintiff demands a trial by struck jury on all issues so triable.

Respectfully submitted this_15th_ day of November, 2015.

/s/ Reginald D. McDaniel___________

REGINALD D. MCDANIEL(MCD-061)

Attorney for Plaintiff

Alabama Bar No. ASB-7676-L73M

The McDaniel Law Firm

3720 4th Avenue South

Birmingham, AL 35222

205.703.0503 office

205.222.8656 mobile

888.357.8447 fax

CERITFICATE OF SERVICE

I certify that on 15th day of November, I delivered by U.S. mail, electronic

mail the foregoing summons & pleading to Defendants’ legal counsel at its last

confirmed addressed below:

LANIER FORD, P.C.

P.O. Box 2087

Huntsville, AL 35804

/s/ Reginald D. McDaniel

REGINALD D. MCDANIEL (MCD-061)


coach's lawsuit against huntsville schools

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