Case 8:11-cv-01198-PJM Document 1

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

__________________________ JOSEPHAT MUA 2332 LONDON BRIDGE DRIVE SILVER SPRING, MD 20906, 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 VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. 3. 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

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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 express purpose of creating jobs and maintaining existing ones. Title VI requires the recipients of federal funds to waive Eleventh Amendment sovereign immunity. 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. 7. This is an action for declaratory relief; injunctive relief, damages and to secure protection of and to redress deprivation of rights secured by Marylands Wrongful Discharge laws. PARTIES 8. Josephat Mua is a former employee of Prince Georges County Public Schools. 9. The Prince Georges County Public Schools are located in Prince Georges County, Maryland. EXHAUSTION OF ADMINISTRATIVE REMEDIES 10. Plaintiff Josephat Mua, filed a timely complaint with the Equal Employment Opportunity Commission, Charge No. 12H-2010-00091, based on his national origin (Kenyan) and

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retaliation. On February 8, 2011, EEOC issued a Notice of Right to Sue letter to Mr. Mua. Josephat Mua Introduction 11. Mr. Mua is a forty three (43) year old man who was born in Kenya. 12. Prince George's County Public Schools discriminated against Mr. Mua on the basis of his national origin (Kenyan), and in retaliation for complaining about discrimination. 13. In 2001, Mr. Mua was hired as a substitute teacher by Prince Georges County Public Schools. 14. In 2002, Mr. Mua was promoted to the position of permanent teacher at Parkdale High School. 15. From 2002 to 2006, Mr. Mua taught business courses at Parkdale High School. 16. Mr. Mau became Department Chair of the Business Department. 17. In April 2006, Mr. Mua was promoted to the position of Technology Coordinator at Parkdale High School. 18. In July 2007, Mr. Mua was transferred to Laurel High School as an IT Technician and put in charge of all of the schools IT systems and equipment. 19. In September 2008, Mr. Mua reported to Interim Superintendent William Hite and Executive Director Monica Goldson that the principal of Laurel High School was allowing his staff to take possession of laptops and other IT equipment without ever having to return them. 20. Mr. Mua was immediately reassigned to six elementary schools.

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21. Officials at the High School Consortium told Mr. Mua that they would not investigate the disappearance of the IT equipment. 22. In October 2008, Mr. Mua learned that an IT director was selling PGCPS laptops and IT equipment for personal gain. 23. On May 2, 2009, Mr. Mua told Superintendent William Hite that an elementary school principal was operating her own business at her school. 24. The principal was selling jewelry and meat and pressuring staff members, like Mr. Mua, to purchase her merchandise. 25. Superintendent Hite said to Mr. Mua, You have your job and she has her job, so whats your problem? 26. In June 2009, Mr. Mua was informed that he would be transferred to the PGCPS Help Desk where he would help teachers solve IT problems over the phone. 27. In August 2009, Mr. Mua was transferred to the Help Desk. 28. Mr. Mua was supervised by Shanita Anderson, Help Desk Supervisor, and Pierre Dickson, Director of Technology Support Services. Hostile Work Environment 29. Beginning in September 2009, Mr. Mua was regularly subjected to derogatory comments based on his national origin. 30. On several occasions, Mr. Dickson called Mr. Mua a Fucking Nigerian despite being told by Mr. Mua that he is Kenyan. 31. Mr. Dickson had previously circulated derogatory comments about Nigerians.

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32. From September 2009 until March 2010, several times a week Mr. Mua would answer the phone at the Help Desk and the caller would say, Fucking Nigerian, Stupid African, Fucking African or Go back to Africa then hang up the phone. 33. Ms. Anderson regularly called Mr. Mua a loud African and said to Mr. Mua, This is not Africa. 34. One of Mr. Muas co-workers, Doris Rainey, regularly called him Felix Mbeba, the name of a former African employee who had been terminated. 35. Another of Mr. Muas co-workers, Michael Davis, called Mr. Mua Zamunda and declared, This is my kingdom. Retaliation 36. On March 3, 2010, Mr. Mua filed a union grievance against Ms. Anderson alleging national origin harassment. 37. However, Ms. Anderson and Mr. Dicksons effort to harass Mr. Mua intensified. 38. On March 8, 2010, Mr. Mua was transferred to a new location, assigned work, but denied the security access he needed to perform the work. 39. On March 17, 2010, Mr. Mua went on extended sick leave due to illness. Mr. Mua was experiencing severe headaches and his blood pressure had risen to a level that required medication. 40. On March 29, 2010, Mr. Mua received a registered letter from Mr. Dickson notifying him of PGCPS intent to terminate him. 41. On April 20, 2010, Mr. Mua filed a complaint against Prince Georges County Public Schools with the Equal Employment Opportunity Commission based on national origin discrimination and retaliation.

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42. On June 18, 2010, Prince Georges County Public Schools officially terminated Mr. Mua. Count I Title VII (Hostile Work Environment) 43. Mr. Mua incorporates by reference all of the preceding paragraphs. 44. The harassment Mr. Mua experienced was unwelcomed. 45. The harassment Mr. Mua experienced based on his national origin. 46. The harassment Mr. Mua experienced was severe and pervasive. 47. Prince Georges County Public Schools is liable. 48. Mr. Mua was harassed by his supervisors. 49. Mr. Mua complained about the harassment through his union. 50. Prince Georges County Public School did not conduct an investigation or take prompt corrective action. 51. The harassment unreasonably interfered with Mr. Muas work performance. Count II Title VII (Retaliation) 52. Mr. Mua incorporates by reference all of the preceding paragraphs. 53. Prince Georges County Public Schools retaliated against Mr. Mua. 54. Mr. Muar engaged in protected activity by filing a national origin/retaliation complaint against his supervisor, Shanita Anderson, through his union and the EEOC. 55. Prince Georges County Public Schools terminated Mr. Mua a few months after he filed a complaint with EEOC.

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Count III Title VI (Hostile Work Environment) 56. Mr. Mua incorporates by reference all of the preceding paragraphs. 57. The harassment unreasonably interfered with Mr. Muas work performance. Count IV Title VI (Retaliation) 58. Mr. Mua incorporates by reference all of the preceding paragraphs. 59. Prince Georges County Public Schools retaliated against Mr. Mua. 60. Count V - Negligent Supervision and Retention (Prince Georges County Public Schools) 61. Mr. Mua incorporates by reference all of the preceding paragraphs. 62. Shanita Anderson and Pierre Dicksons conduct was malicious. 63. Shanita Anderson and Pierre Dicksons malicious conduct caused Mr. Mua severe emotional distress. 64. Prince Georges County Public Schools breached its duty to protect Mr. Mua from Shanita Anderson and Pierre Dicksons malicious conduct. Count V - Intentional Infliction of Emotional Distress (Prince Georges County Public Schools) 65. Mr. Mua incorporates by reference all of the preceding paragraphs. 66. Shanita Anderson and Pierre Dicksons conduct was intentional and reckless. 67. Shanita Anderson and Pierre Dicksons conduct was extreme and outrageous. 68. Shanita Anderson and Pierre Dicksons conduct caused severe emotional distress. Count VI Wrongful Discharge (Prince Georges County Public Schools)

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69. Mr. Mua incorporates by reference all of the preceding paragraphs. 70. Mr. Mua complained about national origin discrimination and retaliation. 71. Mr. Mua was terminated. 72. Mr. Mua was terminated after he complained about national origin discrimination and retaliation. Emotional Pain and Suffering 73. Mr. Mua 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 VII of CRA; Title VI of CRA; Marylands Intentional Infliction of Emotional Distress, Negligent Supervision and Retention; Wrongful Discharge laws; and, Order Defendant to make whole 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;
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(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 Plaintiffs demand 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. 20003 (202) 558-6168 [email protected] Attorney for Plaintiff