Case 8:11-cv-01329-PJM Document 1

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

__________________________ TRACY ALLISON 9719 SUMMIT CIRCLE APT 2C LARGO, MD 20774, Civil Action No. Plaintiff, v. BOARD OF EDUCATION OF PRINCE GEORGES COUNTY 14201 SCHOOL LANE UPPER MARLBORO, MD 20772,

Defendant. __________________________ COMPLAINT COMES NOW Plaintiff through undersigned counsel states as follows: JURISDICTION AND VENUE 1. This is an action for declaratory relief; injunctive relief, damages and to secure protection of and to redress deprivation of equal protection rights secured by the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. 2. This is an action for declaratory relief; injunctive relief, damages and to secure protection of and to redress deprivation of rights secured by Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d-7 et seq. The U.S. Department of Education has provided Maryland public schools with more than $1 billion under the American Recovery and Reinvestment Act of 2009. Prince Georges County Public Schools are receiving stimulus funds for the

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expressed purpose of creating jobs and maintaining existing ones. Title VI requires the recipients of federal funds to waive Eleventh Amendment sovereign immunity. This is an action for declaratory relief; injunctive relief, damages and to secure protection of and to redress deprivation of rights secured by Title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.]. The U.S. Department of Education has provided
Maryland public schools with more than $1 billion under the American Recovery and Reinvestment Act of 2009. Prince Georges County Public Schools are receiving stimulus funds. Title IX requires the recipients of federal funds to waive Eleventh Amendment sovereign immunity.

3.

4. Venue lies in this District pursuant to 42 U.S.C. 2000e-5(f)(3) and because the events and occurrences giving rise to this action occurred within this judicial district. Pendant Claims 5. This is an action for declaratory relief; injunctive relief, damages and to secure protection of and to redress deprivation of rights secured by Marylands Intentional Infliction of Emotional Distress laws. 6. This is an action for declaratory relief; injunctive relief, damages and to secure protection of and to redress deprivation of rights secured by Marylands Negligent Supervision and Retention laws. PARTIES 7. Tracy Allison is a employee of Prince Georges County Public Schools. 8. The Prince Georges County Public Schools are located in Prince Georges County, Maryland.

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STATEMENT OF CLAIM Tracy Allison Introduction 9. Tracy Allison has been employed by Prince Georges County Public Schools since 2005. 10. Ms. Allison joined Largo High School as a secretary in 2006. 11. Ms. Allison worked in the principals front office. 12. Ms. Allison is a thirty eight (38) year old African American woman. Hostile Work Environment 13. Principal Simpson-Marcus became the principal of Largo High School in 2007. 14. Principal Simpson-Marcus is an African American woman. 15. Principal Simpson-Marcus openly despised white teachers. 16. Principal Simpson-Marcus referred to a white English teacher as poor white trash and instructed her staff not to associate with him. 17. Principal Simpson-Marcus referred to a white science teacher as Bozo. 18. Ms. Allison worked as Principal Simpson-Marcus front office secretary. 19. Ms. Allison came in contact with white teachers on a daily basis and treated them with due respect. 20. Several times a week, Principal Simpson-Marcus called Ms. Allison chicken head, bird, hood rat and ghetto in the presence of faculty, staff, parents, and students. 21. The terms chicken head and bird are urban slang terms for slut, according to the Urban Dictionary website at www.urbandictionary.com. 22. The terms chicken head and bird refer to the motion a womans head makes when she performs fellatio.

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23. Ms. Allison was extremely upset by Principal Simpson-Marcus use of these terms in reference to her. 24. Ms. Allison considered the use of these slang terms as racial slurs. 25. Ms. Allison frequently cried when Principal Simpson-Marcus used these slang terms. 26. Nonetheless, Principal Simpson-Marcus continued to call Ms. Allison chicken head, bird, hood rat, and ghetto. Retaliation 27. In the spring of 2008, Ms. Allison began to complain about Principal Simpson-Marcus to William Barnes, a Director of the High School Consortium. 28. Prince Georges County Public Schools did not conduct an investigation or take prompt corrective action. 29. Between 2008 and 2010, Ms. Allison complained to Mr. Barnes about Principal Simpson-Marcus at least a dozen times. 30. Principal Simpson-Marcus would back off for a few days and then continue to harass and threaten Ms. Allison. 31. Principal Simpson-Marcus constantly threatened Ms. Allison with termination. 32. As a result, Ms. Allison developed severe panic attacks. 33. Ms. Allison had to seek medical treatment. 34. Ms. Allisons doctor prescribed medications to her help her cope with the stress caused by Principal Simpson-Marcus. 35. In August 2010, Ms. Allison immediately transferred out of Largo High School in order to get away from Principal Simpson-Marcus. Count I Title IX - Hostile Work Environment (Sex)

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36. Ms. Allison incorporates by reference all of the preceding paragraphs. 37. Principal Simpson-Marcus harassment of Ms. Allison was unwelcomed. 38. Principal Simpson-Marcus harassment of Ms. Allison was based on her sex. 39. Principal Simpson-Marcus harassment of Ms. Allison was severe and pervasive. 40. Prince Georges County Public Schools is liable. 41. Principal Simpson-Marcus was Ms. Allisons supervisor. 42. Ms. Turner complained about Principal Simpson-Marcus harassment to William Barnes, a Director of the High School Consortium. 43. Prince Georges County Public School did not conduct an investigation or take prompt corrective action. 44. Principal Simpson-Marcus daily harassment unreasonably interfered with Ms. Allisons work performance. Count II Title VI Hostile Work Environment (Race) 45. Ms. Allison incorporates by reference all of the preceding paragraphs. 46. Principal Simpson-Marcus harassment of Ms. Allison was unwelcomed. 47. Principal Simpson-Marcus harassment of Ms. Allison was based on her race. 48. Principal Simpson-Marcus harassment of Ms. Allison was severe and pervasive. 49. Prince Georges County Public Schools is liable. 50. Principal Simpson-Marcus was Ms. Allisons supervisor.

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51. Ms. Turner complained about Principal Simpson-Marcus harassment to William Barnes, a Director of the High School Consortium. 52. Prince Georges County Public School did not conduct an investigation or take prompt corrective action. 53. Principal Simpson-Marcus daily harassment unreasonably interfered with Ms. Allisons work performance. Count III Title IX (Retaliation) 54. Ms. Williams incorporates by reference all of the preceding paragraphs. 55. Prince Georges County Public Schools retaliated against Ms. Allison. 56. Ms. Allison engaged in protected activity by complaining about Principal SimpsonMarcus discriminatory practices. 57. Principal Simpson-Marcus responded to Ms. Allisons protected activity by threatening write-ups and termination. 58. Principal Simpson-Marcus forced Ms. Allison to transfer to another school. Count IV Title VI (Retaliation) 59. Ms. Allison incorporates by reference all of the preceding paragraphs. 60. Prince Georges County Public Schools retaliated against Ms. Allison. Count V - Negligent Supervision and Retention (Prince Georges County Public Schools) 61. Ms. Allison incorporates by reference all of the preceding paragraphs. 62. Principal Simpson-Marcus conduct was malicious.

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63. Principal Simpson-Marcuss malicious conduct caused Ms. Allison severe emotional distress. 64. Prince Georges County Public Schools breached its duty to protect Ms. Allison from Principal Simpson-Marcus malicious conduct. Count VI - Intentional Infliction of Emotional Distress (Prince Georges County Public Schools) 65. Ms. Allison incorporates by reference all of the preceding paragraphs. 66. Principal Simpson-Marcus conduct was intentional and reckless. 67. Principal Simpson-Marcus conduct was extreme and outrageous. 68. Principal Simpson-Marcus conduct caused severe emotional distress. Emotional Pain and Suffering 69. Ms. Allison continues to received treatment and medication for stress. 70. Ms. Allison continues to experience emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other pecuniary and non pecuniary losses. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully prays this court: (a) Issue a declaratory judgment that Defendants acts, polices, practices and procedures complained of herein-violated Plaintiffs rights as secured by the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution; Title VI of CRA; Title IX of the Education Act; Marylands Intentional Infliction of Emotional Distress, Negligent Supervision and Retention; and, Order Defendant to make whole

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Plaintiff who has been adversely affected by the policies and practices described herein in an amount to be shown at trial and other affirmative relief; (b) Compensate the Plaintiff for loss pay and benefits, with interest; (c) Retain jurisdiction over this action to assure full compliance with the orders of the court and with applicable law and require defendant to file such reports as the court deems necessary to evaluate compliance; (d) To award them reasonable attorney's fees and costs of this action; (e) Award Plaintiff compensatory and punitive damages; and, (f) Grant such additional relief as the court deems just and proper; and WHEREFORE, the premises considered, the Plaintiff demands judgment against the Defendant in the amount of five million dollars ($5,000,000). JURY DEMAND Plaintiff demands a trial by jury.

Respectfully submitted,

_____________________ Bryan A. Chapman, Esquire Bar No.012274 Law Office of Bryan A. Chapman 325 Pennsylvania Avenue, S.E. Washington, D.C. 20004 (202) 558-6168 [email protected] Attorney for Plaintiff