Fill and Sign the Complaint for Discriminatory Discharge Based Upon Race and Physical Handicap Jury Trial Demand Form

- 1 - IN THE UNITED STATES DISTRICT COURT FOR THE _____________ DISTRICT OF _______________ EASTERN DIVISION _________________vs.___________, ________,____________, ________, individually, and ___________, individually, JURY TRIAL DEMANDED COMPLAINT This is an action to recover actual, compensatory, liquidated, and punitive damages under 42 U.S.C. § 1981 and 42 U.S.C. § 1983. Plaintiff shows the Court the following: I. 1. Plaintiff, _________, is an adult resident citizen of P.O. Box ______________, ___________, _________. 2. Defendant, City of ______________, ________________, is a political subdivision and municipality of the state of _______________ and may be served with process by service at ______________, _________________ located in ________________, _________________.3. Defendants, _____________________, _________________ and ______________are sued individually and are supervisors for the City of ________________ in the street, water and sanitation department. Defendant _________________ is the supervisor who made the initial discriminatory discharge in this case. However, the discharge decision was finally made by the Board of Aldermen for the City of ___________________. These individual Defendants are sued for race discrimination which is a violation of clearly settled law. The individual Defendants may be served with process by service upon them at _______________________, ______________________. II. 4. This Court has federal question jurisdiction under 28 U.S.C. § 1331, under the Rehabilitation Act of 1973, under 42 U.S.C. § 1981, under 42 U.S.C. § 1983, and its jurisdictional provisions under 42 U.S.C. § 1343. III. - 2 - (State Facts) IV. 5. Defendants' refusal to employ Plaintiff to his position or to a comparable position is in violation of the Equal Protection Clause of the United States Constitution, Amendment Fourteen and 42 U.S.C. § 1981. V. 6. Plaintiff suffers from glaucoma and is required to take medication every day to keep from having his vision clouded. Plaintiff's impairment substantially limits his major life activity of seeing. However, Plaintiff is fully capable of performing his old position of sanitation truck driver or working in the water department or street department where he had previously been employed. VI. 7. Defendant's refusal to employ or reemploy Plaintiff to his old positions because of his glaucoma constitutes discrimination on the basis of handicap and having a history of a handicap in violation of the Rehabilitation Act of 1973. VII. 8. Plaintiff has suffered lost income, mental anxiety and stress as a result of Defendant's refusal to employ or reemploy him. PRAYER Plaintiff prays for the following relief:1. Lost salary and benefits;2. Future lost salary and benefits and out-of-pocket expenses;3. Compensatory damages for emotional pain, suffering, inconvenience, mental anguish, humiliation, shame, loss of self -esteem, fear embarrassment, depression, and injury to reputation or professional standing which plaintiff has suffered or may suffer in future;4. Reasonable attorney's fees; and5. An injunction ordering Defendant immediately rehire Plaintiff. - 3 - Respectfully submitted,___________________________