Cobb v. Marshall Civil Action No. 206 CV 675

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF

DIVISION

COMPLAINT

1. This action is brought pursuant to 42 U.S.C. § 1983 to protect rights found in the First, Fourth, Fifth, and Fourteenth Amendments to the United States Constitution. The jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 1331 and 1343. The events, acts, and property subject to this action are within the District of and venue is proper in this Court.

2. Plaintiff is an adult resident citizen of County, .

3. Defendant is a political subdivision of the State of , and may be served with process by service upon Dr. , , , , .

4. Defendant is a member of the , and may be served with process at , , , .

5. Defendant is a member of the , and may be served with process at , , , .

6. Defendant is a member of the , and may be served with process at , , , .

7. Plaintiff was a former staff member employed at in , for the school year.

8. Prior to signing a contract for the school year at , Plaintiff received a job offer for an assistant principal position at in , .

9. Plaintiff accepted the position with , and informed the principal of , of his decision.

10. Plaintiff had a legal, moral, and statutory right to decline to sign the contract for employment with .

11. In ____, an assistant principal position opened at , a part of the . Plaintiff applied for the position, but was not approved by the Board.

12. In ____, an assistant principal position opened at , a part of the . Plaintiff applied for the position and was highly recommended by the school's principal, but was not approved by the Board. Instead, , a person without administrative experience was hired for the position.

13. In the spring of , the had several vacant administrative position, including three principal positions. After a board meeting of , Plaintiff was informed that he was denied employment by the Board. The Board's decision was not based upon any legitimate reason. Instead, the Plaintiff was denied employment based upon the exercise of his constitutional rights.

14. The Board's refusal to employ Plaintiff was in violation of his rights under the First, Fourth, Fifth, and Fourteenth Amendments of the United States Constitution.

15. The Defendants violated the plaintiff's right to equal protection, freedom of association, freedom of speech, and other related rights under the First, Fourth, Fifth and Fourteenth Amendments of the United States Constitution without due process.

16. The Defendants' actions were not in good faith and were in violation of the laws of the State of and the United States Constitution. Further, at all relevant times, the Defendants' acted under color of state law and their conduct was arbitrarily, maliciously, intentionally, oppressively, and knowingly in violation of the Plaintiff's rights.

17. The Defendant's retaliatory and tortious conduct has interfered with Plaintiff's ability to gain employment with the school district.

WHEREFORE PREMISES CONSIDERED, plaintiff brings this action and requests the following:

a) That the Court grants a declaratory judgment that plaintiff is being denied his

rights under the First, Fourth, Fifth, and Fourteenth Amendments of the United States Constitution.

b) That the Court enjoin the Defendants from refusing to employ Plaintiff for

positions that he is qualified to perform.

c) That the Court award actual, compensatory, and punitive damages because of the

intentional, knowing and purposeful conduct of the defendants.

d) That the Court award plaintiff his attorney fees and Court costs.

e) That Plaintiff be awarded a position for which he is qualified in the .

f) If Plaintiff has not requested the correct relief, then Plaintiff requests such other relief as the Court deems just and proper.

Respectfully submitted,