FILED

Case 2:15-cv-02127-AKK Document 1 Filed 11/20/15 Page 1 of 6

2015 Nov-20 PM 01:16

U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MAURICE FORD,

)
)
Plaintiff,
)
Case No. ___________________
v.
)
)
HUNTSVILLE CITY BOARD OF )
EDUCATION &
)
DR. CASEY WARDYNSKI,
)
SUPERINTENDENT,
)
INDIVIDUALLY
)
& JOINTLY,
)
)
Defendants.
)
__________________________________________________________________
COMPLAINT
COMES NOW, Maurice Ford (hereinafter Plaintiff) and hereby files this
Complaint against The Huntsville City Board of Education, (hereinafter The
Board), and Dr. Casey Wardynski, (hereinafter Dr. Wardynski) Defendants, and
states as follows:
JURISDICTION
1.

This is an action for declaratory judgment, equitable relief and

monetary damages, instituted to secure the protection of and to redress the

deprivation of rights secured through Title VII of the Act of Congress known as
the Civil Rights Act of 1964, as amended, including the Civil Rights Act of

Case 2:15-cv-02127-AKK Document 1 Filed 11/20/15 Page 2 of 6

1991, 42 U.S.C. 2000 (e) et seq. (hereinafter Title VII), which provides for
relief from race discrimination pursuant to 28 U.S.C. 1331, 1343(4).
2.

Plaintiff has fulfilled all conditions precedent to the institution of this

action under Title VII. Plaintiff filed a charge of discrimination with the Equal
Employment Opportunity Commission (hereinafter EEOC) on November 29,
2013 (No. 420-2013-03181). The foregoing charge of race discrimination and
retaliation was filed within 180 days of the occurrence of the last respective
discriminatory act. Plaintiff received his right to sue on or about September 14,
2015. Copies of the aforementioned EEOC Charge and Dismissal and Notice of
Rights are attached hereto as Exhibit A.
3.

The unlawful practices alleged herein were committed by Defendant

in Madison County in the State of Alabama. Venue is proper in this court pursuant
to 28 U.S.C. 1391(e)(3).
PARTIES
4.

Plaintiff, Maurice Ford, is an African American male citizen of the

United States of America, is a resident of the state of Alabama and is over the age
of 19. At all times relevant to this action, Mr. Ford was employed by Defendant,
the Board.
5.

Defendant the Board, is an employer and is subject to suit under 42

U.S.C. 2000(e) et seq.

At all times relevant to this action, Defendant has

Case 2:15-cv-02127-AKK Document 1 Filed 11/20/15 Page 3 of 6

employed at least 15 persons. Defendant, Dr. Wardynski, was Superintendent of

the Board where plaintiff was employed at all times relevant to this action.
FACTS
6.

Plaintiff worked for the Board from August 2009 until June 27, 2013

as a teacher and basketball coach at J.O. Johnson High School under jurisdiction of
the and control of the defendants the Board and Dr. Wardynski.
7.

On June 27, 2013, Plaintiff learned he was terminated as head

basketball coach at J.O. Johnson High School in Huntsville, AL, from a local
newspaper article. After contacting new principal, Eric Jones, about the published
reports of a white male, named Jack Doss, being hired as head basketball coach at
J.O. Johnson, Plaintiff was told by Mr. Jones that the Board sent an email
instructing him that all coaches at J.O. Johnson, except, Plaintiff, could reapply for
their positions.
8.

The Board did not internally or externally advertise, post or give

notice that Plaintiffs position as head basketball coach was vacant and the Board
refused to allow Plaintiff to apply or reapply for his position despite fact he had
defeated the newly hired coach 6 straight times while Jack Doss was head
basketball coach at Butler High School in Huntsville, including the 2013 high
school playoffs.
9.

That neither the Board, nor Dr. Wardynski provided Plaintiff with any

Case 2:15-cv-02127-AKK Document 1 Filed 11/20/15 Page 4 of 6

reason for their actions not to allow him to apply for his own position or why he
was terminated after leading J.O. Johnson to the Alabama High School
championship game just 3 months prior to termination. This was J.O. Johnsons
first appearance in the championship game since 1987, over 26 years.
10.

That Dr. Wardynski and the Board conspired with the newly hired

athletic Director, Wade Lipscomb, a personal friend of Dr. Wardynski and Jack
Doss, to terminate Plaintiff in favor of Mr. Doss based on race.
11.

Plaintiff received his Dismissal and Notice of Rights on or about

September 14, 2015.

COUNT IRACE DISCRIMINATION IN VIOLATION
12.

Plaintiff re-alleges and incorporates the allegations set forth above in

paragraphs 1-11 above as if set forth herein in full.

13.

Defendants discriminated against Plaintiff on the basis of race with

respect to the terms and conditions of his employment.

14.

Defendants hired a Caucasian in the position held by Plaintiff, a black

male, before Plaintiff was notified of being terminated and without opportunity to
apply or interview for the job.
15.

Plaintiff was not allowed to apply, reapply or interview for his own

job and based on information and belief, any legitimate, non-discriminatory reason
given by Defendants are merely pretext for race discrimination.

Case 2:15-cv-02127-AKK Document 1 Filed 11/20/15 Page 5 of 6

16.

Plaintiff has no plain, adequate, or complete remedy at law to redress

the wrongs alleged, other than this action, for back pay, injunctive and declaratory
relief. Plaintiff is now suffering and will continue to suffer irreparable injury from
Defendants unlawful policies and practices as set forth herein, unless enjoined by
this Court.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully prays that this honorable Court
assumes jurisdiction of this action and after trial:
1. Issue a declaratory judgment that the employment policies and practices,
conditions, and customs of Defendant the Board, and its Superintendent, Dr.
Wardynski, violate of the rights of Plaintiff as secured by Title VII.
2.

Grant Plaintiff a permanent injunction enjoining Defendants, its

agents, successors, employees, attorneys and those acting in concert with

Defendants and at Defendants request from continuing to violate Title VII.
3.

Enter an Order requiring Defendants to make Plaintiff whole by

awarding him the position he would have occupied in the absence of race
discrimination, back pay (plus interest), front pay, lost benefits, compensatory and
punitive damages.
4.

Plaintiff further prays for such other relief and benefits as the cause of

justice may require, including, but not limited to, and award of costs, attorneys

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fees and expenses.

JURY DEMAND
Plaintiff demands a trial by struck jury on all issues so triable.

Respectfully submitted this_15th_ day of November, 2015.

/s/ Reginald D. McDaniel___________

REGINALD D. MCDANIEL(MCD-061)
Attorney for Plaintiff
Alabama Bar No. ASB-7676-L73M
The McDaniel Law Firm
3720 4th Avenue South
Birmingham, AL 35222
205.703.0503 office
205.222.8656 mobile
888.357.8447 fax

CERITFICATE OF SERVICE
I certify that on 15th day of November, I delivered by U.S. mail, electronic
mail the foregoing summons & pleading to Defendants legal counsel at its last
confirmed addressed below:
LANIER FORD, P.C.
P.O. Box 2087
Huntsville, AL 35804

/s/ Reginald D. McDaniel

REGINALD D. MCDANIEL (MCD-061)