Case Henning 2008

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT WESTERN DIVISION _____________________________________________________________________________ _ OFFICER ANTHONY D. HAYES, Plaintiff, * vs. * Jury Trial Demanded * Mayor Boris Douglas, City of Henning * No. ___________________ Police Department, Chief James * Jones, Chief of Police, Henning * City Council Board, Memphis * Police Department * * Defendants, et al. * _____________________________________________________________________________ _ COMPLAINT _____________________________________________________________________________ _ TO THE HONORABLE JUDGES OF THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE Comes now the Plaintiff, Anthony D. Hayes and sues the Defendants for Wrongful Termination Unlawful Discrimination, and Retaliation, in violation of Due Process pursuant to Section 704(a) of Title VII of the Civil Rights Act of 1964 as amended, pursuant to 42 U.S.C. Section(s) 2000(e),-2(a); 3(a) et seq., 42 U.S.C. and section 1983. Plaintiffs assert this action for Retaliation and Discriminating practices and respectively seek immediate injunctive relief pursuant to 42 U.S.C. Section 2000 (e) 5(g) 1 due to the irreparable harm Plaintiff continues to suffer pending this actions. Plaintiff also seeks compensatory, punitive and exemplary damages for violation(s) of the Fair Labor Standards Act pursuant to Title VII 42 U.S.C. Sections 1981, 1

1983, for equal rights and due process to which the Defendants actions constitutes unlawful employment practices. This action is brought against the Mayor of the City of Henning, Tennessee, Henning Police Department, Chief James Jones and its agents in their official and individual capacities. As a result of the above, Plaintiff has suffered severe deflation of earning ability, financial and emotional duress. Plaintiff asserts that the Defendants has intentionally terminated Plaintiff based on the reported information from the Memphis Police Department and that the defendants terminated the Plaintiff during in-service training to insure that Plaintiff would be POST ineligible throughout the State of Tennessee to prevent Plaintiff from obtaining his certification and gainful employment in Law Enforcement in another city or town. Plaintiff further asserts that the City of Henning Mayor, Boris Douglas and Chief of Police, James Jones, through its agents and/or representatives conspired and retaliated against Plaintiff for his knowledge and writing memo to City Counsel Board about property and evidence missing and “blowing the whistle” to TBI Officials about the Official Misconduct of the Chief Jones as well as a number of violations of the FLSA and for this cause the Plaintiff will show unto this Honorable Court the following:

JURISDICTION 1.

Jurisdiction is conferred on the Court pursuant to 28 U.S.C. Sections 1331, 1343, and 1345.

2.

This action is under 42 U.S.C.1983 and authorized pursuant to Title VII of the Civil Rights Act of 1964, as amended.

3.

That Plaintiff timely filed a charge of Retaliation and Discrimination with the 2

EEOC on November 9, 2006. A right to sue letter was issued on August 7, 2008. (See Right to Sue Letter incorporated herein as (“Exhibit A”) VENUE This court has jurisdiction over the matter and venue is set forth for provisions pursuant to Title VII of the Civil Rights Act of 1964 as amended, pursuant to 42 U.S.C. Section(s), 1981, 1983, 1985, 1986, and 2000(e) et seq., and conferred on the court pursuant to 28 U.S.C. Section(s), 1331, 1343, and 1345.

PARTIES 1.

Plaintiff, Anthony D. Hayes (“hereinafter referred to as “Plaintiff”) is a citizen of Memphis, Shelby County, Tennessee residing at 4554 Tammy Cove, Memphis, Tennessee.

2.

Defendant, Mayor Boris Douglas (hereinafter referred to as the “Mayor”) is the Mayor of the City of Henning, Tennessee and in such capacity is ultimately responsible for the actions, functions and duties of the City of Henning Police Department, the Henning City Personnel Department, with its principal offices located at 105 S. Main, Henning, and Lauderdale County, Tennessee 38041.

3.

Defendant, James Jones (hereinafter referred to as “Chief Jones”) is a citizen Of Ripley, Lauderdale County, Tennessee and at all times relevant to this cause Of action was Chief of Police Services at Henning. The with his principal offices located at the Sheriff Department ,S. Main, Henning, Lauderdale County, Tennessee 38041. 4.

Defendants, The Henning City Council Board (hereinafter referred to as

“City Council Board”) has its principle offices at 105 S. Main, Lauderdale 3

County, Tennessee 38041 and receives its power as elected officials and at all times relevant to this cause of action was responsible at all times for all labor disputes, employment practices ,grievances and due process. The City Council Board consists as follows: 1. Marva Temple 2. Matthew Bates 3. Jerry Holland 4. Eva Smith 5.Catherine Farmer and 6. Debra Taylor FACTS 1.

That on or about On August 10, 2006, Plaintiff Hayes was hired as Police Officer

for the City of Henning, Tennessee and advised by the Chief A.J. Christian that he could work part-time for 20 hrs per week pending the scheduling to take the POST certification test for in-service training and later could work full-time. 2.

That Plaintiff Hayes back ground was checked by the Lauderdale County

Sheriff’s Office and found to have no wants and was eligible for employment. The Plaintiff took medical physical and was qualified for duty and began a career start with the Henning Police Department. 3.

That the Plaintiff worked along with fellow officer James Jones who is a young

male white officer that the plaintiff would receive complaints from citizens that he was planting drugs on criminals. The Plaintiff advised the citizens to talk with the chief of Police about their concerns. 4.

That on or about the latter part of the last week of August 2006, Chief A.J.

Christian, Sr. spoke to Hayes advising that he would be resigning from the position Chief of Police at Henning Police Department and did made the recommendation to the Mayor for Hayes to be appointed acting Chief based on his knowledge and experience. 5.

That also during this latter week of August 2006, the Mayor Boris Douglas 4

appointed patrolman James Jones to the position of acting Chief of Police. Because there were no full-time Officers to cover the shifts properly the acting chief forced the Plaintiff to work the evening shift, stating that he would rescind the Plaintiff’s request for POST certification that was made by the former chief and if the Plaintiff did not work full-time evenings that he could look for another job. 6.

That on August 23,2006 approximately at 1550 hours Officer Hayes and Chief

Jones went to Ripley, Tennessee at the Police Station lot to pick up a Henning City Police vehicle that was being driven by Officer James Jones who was now the acting Chief of Police for Henning. This vehicle is a dodge intrepid gray in color unmarked with light bar on top which contained a large 30 gallon trash bag of marijuana. 7.

That also on August 23, 2006 when Officer Hayes opened the driver’s side door

a strong odor of marijuana was found in the rear of the prison area and the acting Chief Jones was notified but he seemed to be uninterested in the matter and stated just tag it doesn’t have to be weighed. This was in direct conflict with property and evidence procedures and after Officer Hayes sealed this bag with red seals and put into the property room the acting Chief took this very large quantity of marijuana and placed it into the rear of the unmarked police vehicle that he drove. The Plaintiff wrote memo to Mayor and City Council member Eva Smith who is on the police committee. The TBI was also notified. 8.

That on or about September 11 ,2006 the Plaintiff telephone the POST

Commission inquiring about the test booklet and when the test date was and was notified by the secretary Janine that the acting Chief had cancelled the previous paper work supplied by former Chief Christian and that the Plaintiff needed to discuss this matter 5

with the Chief at Henning. Upon speaking to the acting Chief he advised that the former Chief’s paperwork was no longer valid and that he cancelled it. The Chief Jones cancelled the request for Hayes’s certification in order to keep Hayes from being qualified for his position. 9.

It is well to note that the Plaintiff had just gotten this job and had been

unemployed for a total of 30 months and wanted to repair his employment history that had been severely damaged by a previous law enforcement agency. 3.

It is also well to note that the acting Chief Jones was 21 years of age at time of

this violation and he was a inexperience male white with only a high school diploma with no managerial skills. 4.

That after two - weeks passed about the marijuana incident; Chief Jones had

learned that the TBI had been notified therefore he would harass and nit pick with Hayes about calls and any little thing that he could even paperwork in order trying to cause an incident for insubordination, but was not successful. 5.

That on October 16, 2006, the posting of the Chief of Police position was applied

by Hayes along with two other applicants. In all there were four candidates including the acting Chief James Jones. 6.

It is well to note that there was impropriety on the City Council Board members

which gave the acting Chief of Police James Jones authority to do background check on the candidates for the Chief’s position. Chief Jones reported erroneous and derogatory information on each candidate. 7.

That on October 27, 2006, Hayes was questioned by Chief Jones about his

previous employment with the Memphis Police Department. Chief Jones wanted to know 6

about previous lawsuits filed by Hayes, but Hayes refused to discuss matter. 8.

That on November 6, 2006, during the week of in-service training a decision was

made by the board and although the Plaintiff Hayes was most qualified was not selected for the position of Chief of Police. 9.

That on November 8, 2006, Chief Jones came to the firing range in Ripley,

Tennessee while Hayes was in session at in-service training to tell Hayes to come to the office before leaving work that day. 10.

That on that same day, November 8, 2006, the Chief again questioned Hayes

again about his former employment with the Memphis Police Department and told Hayes that he received information that the Memphis Police fired the Plaintiff and that he should fire Hayes too. 11.

Plaintiff advised Chief Jones that the information was not true and asked who told

of this information, but he refused the Plaintiff and called him a liar while showing the Plaintiff a booking photo. 12.

Chief Jones told Hayes to hand in his badge and that Plaintiff was fired without

any reason or explanation. The Plaintiff called Mr. Jerry Holland who is on the City Council Board and complained of the unlawful act, but he refused to assist the Plaintiff. 13.

That on January 13, 2007, the Plaintiff made another attempt to request again for

a hearing but another the mayor and city council board refused to answer. It is very note worthy that the Henning Police Department did not have a any policies and procedures in place and denied Hayes a hearing and due process. 21.

That Plaintiff was terminated unlawfully and retaliated by Chief Jones for his

“blowing the whistle” about criminal matters to the TBI Officials and further denied by 7

the Council for his request to be heard on the City’s agenda for his employment status.

22.

That said acts complained of herein are arbitrary, malicious and capricious

committed by the Chief of Police and the City Council in this cause has failed to remedy said acts of intentional, willful, malicious discrimination, and retaliation on the basis of race and for his blowing the whistle about a probable criminal matter.

CAUSE OF ACTION 1.

Defendant’s actions violate the law for unlawful employment practices on the

basis for retaliation, wrongful termination, and discrimination pursuant to 42 U.S.C. 1981,1983,1985,1986 2000(e-2a)(-3a)of Title VII of the Civil Rights Act of 1964 ,as amended . 2.

Plaintiff asserts this violation for discrimination and due process in that it denied

the Plaintiff equal protection under the law pursuant to 42 U.S.C. Section 1981,1983 for equal rights pursuant to Title VII in that it treated similar employees differently from the Plaintiff and respectively seek immediate injunctive relief pursuant to 42 U.S.C. Section 2000(e) 5(g)1. to re-employee and correct his employment status and POST commission. 3.

Plaintiff also asserts that the Defendants actions violated 42 U.S.C. Section(s)

1981, 1983, 1985, 1986, 2000(e-2a) (-3a) of Title VII of the Civil Rights Act of 1964, as amended,; particularly the Mayor and the Chief of Police Services violated 42 U.S.C. Section 1985,1986 to commit said acts of conspiracy in that they willfully committed these acts and/or had knowledge of the above aforementioned facts and disparaged treatment and although they had the ability to prevent but refused to remedy said acts, thereby continuing in the commission of these unlawful practices. 4.

At all times herein the Defendants acted under color of state law to violate 8

Plaintiff’s federally protected rights and privileges secured by law by the United States Courts and the United States Constitution. 5.

That Defendant’s actions are arbitrary, malicious and capricious which are the

proximate results of the Plaintiff having suffered irreparable economic and other loss by hindering his ability to gain other employment. RELIEF SOUGHT WHEREFORE, Plaintiff state claim for relief sought that the Court grants the following: A.

That judgment be entered declaring that the Mayor of the City of Henning,

Tennessee, Henning Police Department, Chief James Jones, and by and through its servants, City Council Board, agents and employees actions were arbitrary, malicious and capricious in that they violated its own policies and acted under color of state law to willful, intentional, and deliberately violate the Plaintiff’s federally protected rights pursuant to 42 U.S.C. Sections 1981, 1986, 1985, 2000(e), et. seq., that are pursuant to Title VII of the Civil Rights Act of 1964, as amended and that those Defendants are ordered to compensate the Plaintiff in the amount of $1.5 million U.S. dollars for economic losses,(front and back pay) and exemplary damages for the aggravation and emotional duress sustained. B.

That Defendants are ordered to pay punitive damages in their private capacity in

the amount of $ 350,000 Thousand Dollars for pain and suffering and for the loss of enjoyment of life as result of its willful, intentional, and deliberately acts to further injury Plaintiff from obtain another job in his career field and that the amount be to deter the City of Henning from similar conduct in the future. C.

That a immediate permanent injunction is imposed against the City of Henning

Police Department pursuant to 42 U.S.C. Section 2000(e) 5(g) 1., to re-employee and correct his employment status and to further protect the Plaintiff from additional harassment, disparaged treatment; and

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What such other relief the Court may deemed appropriate, orders, damages, costs and attorney’s fees.

Respectfully Submitted, _____________________ Anthony D. Hayes, Pro Se 4554 Tammy Cove Memphis, TN 38116-2034 901-461-7800

CERTIFICATE OF SERVICE The undersigned hereby certifies that an original and true copies of the fore going has been mailed via U.S. Mail to the District Court and addressed for the Defendants on September 21, 2008. _________________________ Anthony D. Hayes, Pro Se

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