Fill and Sign the Refusal Hire Form

IN THE UNITED STATES DISTRICT COURT FOR THE ____________ DISTRICT OF ___________ ___________________ DIVISION NAME OF PLAINTIFF )       ) ) Vs. ) NAME OF DEFENDANT ) NO.       ) In Her Official and Individual Capacity, _______,_________, _______, In His Official and Individual Capacity, and _________, In Her Official and Individual Capacity ) ) ) ) ) ) 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, __________________________________