Case 5:14-cv Document 1 Filed 07/11/14 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Transcription

1 Case 5:14-cv Document 1 Filed 07/11/14 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION CAROLE RIELEY Plaintiff, CIVIL ACTION NO. 5:14 cv V. JURY TRIAL DEMAND GONZALES COUNTY AND SANDRA BAKER, INDIVIDUALLY AND IN HER CAPACITY AS GONZALES COUNTY DISTRICT CLERK, Defendants. PLAINTIFF S ORIGINAL COMPLAINT TO THE HONORABLE COURT: NOW COMES Plaintiff CAROLE RIELEY (hereinafter Plaintiff or Rieley ), and files this Original Complaint complaining of Defendant GONZALES COUNTY and Defendant SANDRA BAKER (individually and in her official capacity as District Clerk of Gonzales County) (collectively, Defendants ). As described more fully below, Defendants violated Plaintiff CAROLE RIELEY s constitutional right to free speech. PARTIES 1. Plaintiff, CAROLE RIELEY, is an individual and a citizen of both the State of Texas and the United States of America. She resides, and is domiciled, in Gonzales County, Texas. Her present address is 268 County Road 286, Flatonia, Texas She was a public Plaintiff Carole Rieley s Original Complaint Page 1

2 Case 5:14-cv Document 1 Filed 07/11/14 Page 2 of 9 employee and worked for Defendant GONZALES COUNTY and Defendant SANDRA BAKER (in her official capacity as District Clerk). 2. Defendant GONZALES COUNTY is a governmental entity doing business in both the State of Texas and the United States of America. Defendant GONZALES COUNTY maintains its principal place of business at 414 St. Joseph Street, Gonzales, Texas 78629, and is a County Government domiciled in Gonzales County, Texas. The County may be served by serving County Judge David Bird, 414 St. Joseph Street, Suite 200, Gonzales, Texas Defendant SANDRA BAKER is an individual and a citizen of both the State of Texas and the United States of America. She is currently District Clerk for Gonzales County, and may be served at 414 St. Joseph Street, Suite 300, Gonzales, Texas She is domiciled in Gonzales County, Texas. JURISDICTION 4. In this civil action, Plaintiff Rieley is suing Defendant Gonzales County and Defendant Sandra Baker (in her individual capacity and her official capacity as District Clerk) under federal law Section 1983 of Title 42 of the United States Code, and for violating the Plaintiff s rights guaranteed her by the First and Fourteenth Amendments of the United States Constitution. To the extent this civil action arises under federal law, this Court has subject matter jurisdiction pursuant to Section 1331 of Title 28 of the United States Code (federal question jurisdiction). Plaintiff Carole Rieley s Original Complaint Page 2

3 Case 5:14-cv Document 1 Filed 07/11/14 Page 3 of 9 VENUE 5. The Court has federal question jurisdiction over this action for violation of Section 1983 of Title 42 of the United States Code, 42 U.S.C Venue is proper in the U.S. District Court for the Western District of Texas, San Antonio Division because the unlawful practices alleged below were committed therein. FACTUAL BACKGROUND 6. Plaintiff was employed by Defendant Gonzales County for more than 10 years, from approximately December 2, 2002 through March 6, At all relevant times, Plaintiff Rieley was qualified for her job position. Plaintiff Rieley had an excellent work record with Defendant Gonzales County. 7. While Plaintiff Rieley was employed as Deputy District Clerk in the Gonzales County Clerk s Office, Sandra Baker served as Gonzales County District Clerk. 8. Political party affiliation was not and is not a requirement for the effective performance of Plaintiff s job. 9. Defendants impliedly represented that during the course of Plaintiff s employment, Defendants would act in good faith and would fairly deal with Plaintiff. 10. In or around September 2012, Defendant Baker announced to Plaintiff Rieley and the other Gonzales County Deputy District Clerks Yvonne San Miguel, Janell Craven, and Georgia Molinosky that she was planning to retire. 11. In or around December 2013, both Plaintiff Rieley and Yvonne San Miguel announced publicly that they were running for the position of Gonzales County District Clerk. Plaintiff Carole Rieley s Original Complaint Page 3

4 Case 5:14-cv Document 1 Filed 07/11/14 Page 4 of 9 Plaintiff Rieley ran as a Republican Candidate, and Yvonne San Miguel ran as the Democratic Candidate for the position. 12. Defendant Sandra Baker is affiliated with the Democratic Party, and had run for office as a Democrat. 13. On or about December 13, 2013, The Gonzales Inquirer ran a newspaper article regarding Plaintiff Rieley filing for the Republican nomination for Gonzales County District Clerk. In the article, Plaintiff Rieley stated There are some changes I d like to make, and It is time to see us headed in a new direction. 14. On February 27, 2014, Plaintiff Rieley ran a political advertisement in a local newspaper, The Canon, seeking the Republican nomination for Gonzales County District Clerk. 15. Then, on February 28, 2014, The Gonzales Inquirer ran a Q&A article with all of the candidates for Gonzales County District Clerk, in which Plaintiff Rieley participated. 16. On or around February 18, 2014, Plaintiff Rieley heard Yvonne San Miguel tell listeners to call her at the District Clerk s office to talk about her campaign for District Clerk during a Q&A on a local radio station. Plaintiff Rieley spoke with Defendant Baker about San Miguel s comments, and the fact that San Miguel was campaigning at the District Clerk s office, against policy. Defendant Baker did not reprimand San Miguel for campaigning from the District Clerk s office. 17. On or about March 4, 2014, Primary Election Day, Plaintiff Rieley called Defendant Baker to inform her that she was going to be unable to come into work due to illness. Defendant Baker demanded to know when Plaintiff Rieley would be able to come to the District Clerk s office. When Plaintiff Rieley asked what Defendant Baker meant, Defendant Plaintiff Carole Rieley s Original Complaint Page 4

5 Case 5:14-cv Document 1 Filed 07/11/14 Page 5 of 9 Baker said Well, you are terminated. When Plaintiff Rieley asked why she was being terminated, Defendant Baker said, I was going to terminate you before, but I let you run your little campaign and now you are terminated. Defendant Baker then stated that she did not like an interview that Plaintiff Rieley had done with the local newspaper about her candidacy for District Clerk. 18. Plaintiff Rieley was not discharged because of unsatisfactory job performance. 19. Defendants have established and, in terminating Plaintiff, have implemented employment policies and practices which are arbitrary, capricious, discriminatory, and have no rational basis. 20. Defendants employment policies and practices have subjected Plaintiff to unequal treatment. Defendants employment policies and practices discriminate on the basis of political registration, affiliation, and/or association. FIRST CLAIM FOR RELIEF CIVIL ACTION FOR DEPRIVATION OF RIGHTS 21. Plaintiff Rieley engaged in speech concerning a matter of public concern. Her interest in doing so outweighs Defendants interest in promoting efficiency. Still Plaintiff Rieley suffered adverse employment action termination. Plaintiff Rieley s speech motivated Defendants imposition of this employment action. Thus, Defendant Gonzales County and Defendant Sandra Baker (in her individual and official capacity as District Clerk), while acting under color of state law, deprived Plaintiff Rieley of her right to free speech as guaranteed by the First Amendment of the United States Constitution in violation of Section 1983 of Title 42 of the United States Code. Plaintiff Carole Rieley s Original Complaint Page 5

6 Case 5:14-cv Document 1 Filed 07/11/14 Page 6 of Plaintiff incorporates by reference and realleges Paragraphs 1 through 21. Defendants have terminated Plaintiff s employment in violation of the First Amendment to the United States Constitution and Title 42 USCA This claim arises both directly under 42 USCA 1983 and under the United States Constitution. Plaintiff s protected speech (her political beliefs, association, and affiliation as a former candidate) motivated Defendants imposition of these adverse employment actions. 23. In consideration of the law clearly established at the time they occurred, these deprivations and violations were objectively unreasonable. Therefore, Defendant Sandra Baker may be held liable under Section 1983 in her individual capacity and is not entitled to qualified immunity from liability in this civil action. Furthermore, Defendant Sandra Baker (in her individual capacity) displayed reckless and callous indifference to Plaintiff Rieley s federally protected rights. 24. Defendant Gonzales County is liable under Section 1983 because it officially adopted and promulgated the decision to inflict the aforementioned adverse employment actions. Defendant Gonzales County is also liable under Section 1983 because this decision was made by an official with whom Defendant Gonzales County has delegated policy making authority Defendant Sandra Baker. Despite the lack of policy and facts to substantiate the reasons and despite the obvious pretext of these reasons Gonzales County upheld the decision made by Defendant Sandra Baker to terminate Plaintiff Rieley. Therefore, Defendant Gonzales County is liable under Section 1983 for the violation of Plaintiff Rieley s right to free speech as guaranteed by the First Amendment to the United States Constitution. Plaintiff Carole Rieley s Original Complaint Page 6

7 Case 5:14-cv Document 1 Filed 07/11/14 Page 7 of 9 JURY DEMAND 25. In accordance with Federal Rule of Civil Procedure 38, Plaintiff, Carole Rieley, demands a trial by jury of all issues raised in this civil action that are triable of right (or choice) by a jury. DEMAND FOR JUDGMENT 26. In accordance with Federal Rule of Civil Procedure 8(a), Plaintiff, Carole Rieley, makes the following demand that judgment be issued in her favor on all her claims and respectfully requests that this Court: a. Issue a declaratory judgment that Defendant Gonzales County and Defendant Sandra Baker (in her individual capacity and official capacity as District Clerk) unlawfully deprived Plaintiff, Carole Rieley, of her right to free speech as guaranteed by the First Amendment to the United States Constitution in violation of Section 1983 of Title 42 of the United States Code (declaratory relief); b. Issue a monetary judgment in an amount equal to the difference between the wages and benefits Plaintiff, Carole Rieley, actually received and the wages and benefits she would have received but for Defendants illegal acts (back pay); c. Order Defendants to reinstate Plaintiff, Carole Rieley, into her former position of Deputy District Clerk with all concomitant wages and benefits and seniority, or in lieu thereof, issue a monetary judgment in an amount sufficient to reimburse Plaintiff Carole Rieley s Original Complaint Page 7

8 Case 5:14-cv Document 1 Filed 07/11/14 Page 8 of 9 Plaintiff, Carole Rieley, for losses she is likely to suffer in the form of future pay and benefits and loss of seniority (reinstatement or front pay); d. Issue a monetary judgment in an amount sufficient to compensate Plaintiff, Carole Rieley, for all other damages she has suffered as a result of Defendants violations of law as described herein (compensatory and actual damages); e. Issue a monetary judgment in an amount sufficient to punish Defendant Sandra Baker (in her individual capacity) for violating Plaintiff Carole Rieley s constitutional right to free speech, as guaranteed by the First Amendment to the United States Constitution, and to deter her from engaging in such action in the future (punitive damages); f. To the greatest extent allowed by law, issue a monetary judgment granting Plaintiff, Carole Rieley, pre judgment and post judgment interest on all amounts to which she is entitled. g. Award Plaintiff, Carole Rieley, attorneys fees and costs; h. To the extent not otherwise requested herein, issue a monetary judgment in favor of Plaintiff, Carole Rieley, for all back pay, front pay (in lieu of reinstatement), compensatory damages, punitive damages, exemplary damages, pre judgment interest, post judgment interest, attorneys fees, and costs to which she is entitled; and i. Award Plaintiff, Carole Rieley, such additional relief as this Court deems proper and just and to which she is entitled. Plaintiff Carole Rieley s Original Complaint Page 8

9 Case 5:14-cv Document 1 Filed 07/11/14 Page 9 of 9 Respectfully submitted, The McKinney Law Firm A Professional Corporation By: /s/ Christopher J. McKinney Christopher J. McKinney State Bar No Ashley Barr State Bar No Broadway Street, Suite 420 San Antonio, Texas (210) Telephone (210) Facsimile chris@themckinneylawfirm.com ashley@themckinneylawfirm.com Plaintiff Carole Rieley s Original Complaint Page 9