DHS' Answer in Farrar V Ark Dept of Humand Services

Case 4:17-cv-00443-JM Document 5 Filed 08/10/17 Page 1 of 17
IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS
LITTLE ROCK DIVISION
YOLANDA FARRAR PLAINTIFF
vs. NO. 4:17-CV-00443 JM
ARKANSAS DEPARTMENT OF
HUMAN SERVICES DEFENDANT
ANSWER
COMES now Defendant, Arkansas Department of Human Services, by and through its
attorneys, Attorney General Leslie Rutledge and Assistant Attorney General Vincent P. France,
and for its Answer states:
1. Defendant denies the statements and allegations contained in Paragraph 1 of
Plaintiffs Complaint.
7. Defendant admits that it conducts its business in Little Rock.
1
8. Defendant admits that venue is proper as stated in Paragraph 8 of Plaintiffs
Complaint.
Plaintiffs Complaint that Plaintiff exhausted her administrative remedies.
10. Defendant admits that Plaintiff is a resident of Little Rock, Arkansas.
11. Defendant admits that it employed Plaintiff from October 24, 2016 to on or about
March 22, 2017; however Defendant denies that Plaintiff was employed by Defendant in various
capacities throughout the time of her employment as stated in Paragraph 11 of Plaintiffs
Complaint.
12. Defendant admits that the Arkansas Department of Human Services is a
governmental entity of the State of Arkansas.
13. Defendant admits that its principal place of business is as stated in Paragraph 13
of Plaintiffs Complaint.
14. Defendant admits that Plaintiff worked at its location in Little Rock, Arkansas.
16. Paragraph 16 of Plaintiffs Complaint does not require a response; however, to the
extent that it may require a response, Defendant denies the allegations contained therein.
17. Defendant admits Paragraph 17 of Plaintiffs Complaint that Defendant hired
Plaintiff, but Defendant denies that Plaintiff was hired by Arkansas Department of Human
Resources.
18. Defendant admits Paragraph 18 of Plaintiffs Complaint.
2
19. Defendant admits Paragraph 19 of Plaintiffs Complaint that Plaintiffs position
was with the Payment Integrity Unit, but Defendant denies that the Payment Integrity Unit is part
of the Arkansas Department of Human Resources.
22. Defendant admits that Jalene Joyner, Erin DeMarco, and Lacey Wynnes were
Plaintiffs coworkers employed by Defendant.
24. Defendant admits that John Parke knew Plaintiffs landlord; however, Defendant
denies all other statements, allegations, and inferences in Paragraph 24 of Plaintiffs Complaint.
3
41. Defendant admits Paragraph 41 of Plaintiffs Complaint only to the extent that at
some point in early 2017, Plaintiff and others in the office learned of the possibility of a
4
legislatively mandated pay increase for certain employees in the office. Defendant denies all
other statements and allegations contained therein.
43. Defendant admits that Erin DeMarco and Plaintiff had RN certifications.
47. Defendant admits the statements and allegations contained in Paragraph 47 of
Plaintiffs Complaint to the extent that they are supported by the public record of the Arkansas
Legislature.
48. Defendant lacks sufficient knowledge at this time to admit or deny the statements
and allegations contained in Paragraph 48 of Plaintiffs Complaint and therefore must deny them.
49. Defendant admits that Plaintiff was likely to receive a pay raise under the terms of
ACT 365.
and allegations contained in Paragraph 50 of Plaintiffs Complaint and therefore must deny them.
51. Defendant lacks sufficient knowledge to admit or deny and therefore it must deny
the allegations contained in Paragraph 51 of Plaintiffs Complaint.
5
52. Defendant lacks sufficient knowledge to admit or deny and therefore it must deny
the allegations contained in Paragraph 52 of Plaintiffs Complaint.
53. Defendant admits the statement and allegation in Paragraph 53 but only to the
extent that it admits that Plaintiff sent emails to Mr. Parke, but Defendant denies Paragraph 53 to
the extent that the emails sent contained anything regarding discriminatory animus.
54. Defendant admits the statement in Paragraph 54 that Plaintiff made complaints
about her coworkers but Defendant denies that Plaintiff made the specific complaints alleged in
Paragraph 54.
57. Defendant admits Paragraph 57 of Plaintiffs Complaint ONLY to the extent that
Plaintiff attempted to file an internal complaint regarding employment discrimination. Thus,
Defendant denies that Plaintiff actually filed a complaint as alleged in Paragraph 57 of Plaintiffs
Complaint.
59. Defendant denies Paragraph 59 of Plaintiffs Complaint that Plaintiff levied
specific allegations of racial discrimination in the 2808 complaint she filed.
6
63. Defendant admits the statements and allegations contained in Paragraph 63 of the
Complaint only to the extent that Mr. Parke became aware of the 2808 complaint filed by
Plaintiff at some point in time. Defendant denies any and all other statements and allegations
contained therein.
65. Defendant admits that Paragraph 65 of Plaintiffs Complaint only to the extent of
admitting that Plaintiff complained about the work environment.
66. Defendant admits Paragraph 66 that Plaintiff complained to Mr. Parke about her
coworkers.
7
73. Defendant admits that Felicia Brown was asked to speak with Plaintiff and to
review her work.
75. Defendant admits that Plaintiff met with Ms. Bowman but denies all other
statements and allegations contained in Paragraph 75 of Plaintiffs Complaint.
8
82. Defendant lacks sufficient knowledge to admit or deny Paragraph 82 of Plaintiffs
Complaint and therefore must deny the allegations contained therein.
84. Defendant admits Paragraph 84 only to the extent of admitting that a scriveners
error was made on the letter as to the deadline for Plaintiff to submit documentation refuting Mr.
Parkes allegations.
85. Defendant admits Paragraph 85 only to the extent of admitting that a scriveners
error was made on the letter as to the deadline for Plaintiff to submit documentation refuting Mr.
Parkes allegations and Defendant denies that the actual deadline for Plaintiff to submit contrary
evidence had already expired.
Plaintiffs Complaint. Moreover, Defendant is unable to know what Plaintiff believes and must
also therefore deny the statements and allegations contained in Paragraph 86 of Plaintiffs
Complaint.
87. Defendant admits Paragraph 87 that Plaintiff refused to sign the letter.
88. Defendant admits Paragraph 88 that Mr. Parke had Kitten Dixon put a notation on
the letter that Plaintiff refused to sign.
89. Defendant lacks sufficient knowledge to admit or deny Paragraph 89 and
therefore must deny the statements and allegations contained therein.
90. Defendant admits the statement contained in Paragraph 90.
91. Defendant admits the statements contained in Paragraph 91.
9
92. Defendant lacks sufficient knowledge to admit or deny Paragraph 92 and
therefore must deny the statements and allegations contained therein.
93. Defendant admits the statements contained in Paragraph 93.
102. Defendant admits that Plaintiff was terminated on or about March 22, 2017.
10
and allegations contained in Paragraph 105 of Plaintiffs Complaint and therefore are denied.
113. Paragraph 113 of Plaintiffs Complaint does not require a response; however, to
the extent that it does require a response Defendant denies that statements and allegations
contained therein.
114. Defendant admits that Plaintiff is African American.
115. Defendant admits it employed Plaintiff as a Registered Nurse, Coding Analyst.
11
119. Defendant admits Paragraph 119 only to the extent that Plaintiff was terminated
from her position.
contained therein.
126. Defendant admits Plaintiff is African American.
128. Defendant admits that Plaintiff was terminated on or about March 22, 2017.
12
contained therein.
13
147. Defendant denies that Plaintiff is entitled to any of the relief sought in Paragraphs
1 through 8 under the heading of Prayer for Relief in Plaintiffs Complaint.
AFFIRMATIVE DEFENSES
148. Defendant affirmatively pleads that Plaintiffs Complaint fails to state a claim
upon which relief can be granted and, therefore, it should be dismissed pursuant to Rule 12(b)(6)
of the Federal Rules of Civil Procedure.
149. Defendant affirmatively pleads that Plaintiff has failed to state a claim upon
which relief can be granted because Defendant is not a person amenable to suit for damages
under 42 U.S.C. 1983.
150. Defendant affirmatively pleads that Plaintiffs claims against Defendant are
barred by the doctrine of sovereign immunity.
14
151. Defendant affirmatively pleads that this Court lacks subject matter jurisdiction
over this action.
152. Defendant affirmatively pleads insufficient process.
153. Defendant affirmatively pleads insufficient service of process.
154. Defendant affirmatively pleads that Plaintiff's claims are barred by the applicable
statutes of limitations.
155. Defendant affirmatively pleads that Plaintiff's claims are barred by the doctrines
of laches and unclean hands.
156. Defendant affirmatively pleads that Plaintiffs claims are barred based upon the
after-acquired-evidence doctrine.
157. Defendant affirmatively pleads that any damages received by Plaintiff are entitled
to be offset as a result of Plaintiffs violation of Ark. Code Ann. 5-41-104, as well as damages
that would be owed by Plaintiff under Ark. Code Ann. 5-41-106.
158. Defendant affirmatively pleads that Plaintiff failed to mitigate damages.
159. Defendant affirmatively pleads that Plaintiff failed to exhaust her administrative
remedies.
160. Defendant affirmatively pleads that Plaintiff was terminated for legitimate, non-
discriminatory reasons and neither discrimination nor retaliation were factors in the decision to
terminate the Plaintiffs employment.
161. Defendant affirmatively pleads that even if a jury finds that discrimination or
retaliation were motivating factors in the decision to terminate the Plaintiff, Defendant would
have made the same decision even if there had been no illegal motivating factor.
162. Defendant respectfully requests a jury trial.
15
WHEREFORE, Defendant Arkansas Department of Human Services respectfully
requests that the Complaint be dismissed and for all other just and proper relief.
Respectfully Submitted,
LESLIE RUTLEDGE,
Attorney General
By: /s/ Vincent P. France

Vincent P. France
Ark Bar No. 2010063
Assistant Attorney General
Arkansas Attorney General's Office
323 Center Street, Suite 200
Little Rock, AR 72201
Phone: (501) 682-1314
Fax: (501) 682-2591
Email: vincent.france@arkansasag.gov
Attorneys for Defendant
16
CERTIFICATE OF SERVICE
I, Vincent P. France, hereby certify that on August 10, 2017, I electronically filed the
foregoing with the Clerk of the Court using the CM/ECF system, which shall send notification to
the following participants:
Alan G. Crone acrone@cronelawfirmplc.com
/s/ Vincent P. France

Vincent P. France
17

DHS' Answer in Farrar V Ark Dept of Humand Services

Caricato da

Informazioni sul documento

Titolo originale

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

DHS' Answer in Farrar V Ark Dept of Humand Services

Caricato da

Copyright:

Formati disponibili

Case 4:17-cv-00443-JM Document 5 Filed 08/10/17 Page 1 of 17

IN THE UNITED STATES DISTRICT COURT

YOLANDA FARRAR PLAINTIFF

vs. NO. 4:17-CV-00443 JM

and for its Answer states:

1. Defendant denies the statements and allegations contained in Paragraph 1 of

2. Defendant denies the statements and allegations contained in Paragraph 2 of

3. Defendant denies the statements and allegations contained in Paragraph 3 of

4. Defendant denies the statements and allegations contained in Paragraph 4 of

5. Defendant denies the statements and allegations contained in Paragraph 5 of

6. Defendant denies the statements and allegations contained in Paragraph 6 of

7. Defendant admits that it conducts its business in Little Rock.

8. Defendant admits that venue is proper as stated in Paragraph 8 of Plaintiffs

9. Defendant denies the statements and allegations contained in Paragraph 9 of

Plaintiffs Complaint that Plaintiff exhausted her administrative remedies.

10. Defendant admits that Plaintiff is a resident of Little Rock, Arkansas.

capacities throughout the time of her employment as stated in Paragraph 11 of Plaintiffs

12. Defendant admits that the Arkansas Department of Human Services is a

governmental entity of the State of Arkansas.

15. Defendant denies the statements and allegations contained in Paragraph 15 of

17. Defendant admits Paragraph 17 of Plaintiffs Complaint that Defendant hired

18. Defendant admits Paragraph 18 of Plaintiffs Complaint.

19. Defendant admits Paragraph 19 of Plaintiffs Complaint that Plaintiffs position

of the Arkansas Department of Human Resources.

20. Defendant admits Paragraph 20 of Plaintiffs Complaint.

21. Defendant admits Paragraph 21 of Plaintiffs Complaint.

Plaintiffs coworkers employed by Defendant.

23. Defendant denies the statements and allegations contained in Paragraph 23 of

25. Defendant denies the statements and allegations contained in Paragraph 25 of

26. Defendant denies the statements and allegations contained in Paragraph 26 of

27. Defendant denies the statements and allegations contained in Paragraph 27 of

28. Defendant denies the statements and allegations contained in Paragraph 28 of

29. Defendant denies the statements and allegations contained in Paragraph 29 of

30. Defendant denies the statements and allegations contained in Paragraph 30 of

31. Defendant denies the statements and allegations contained in Paragraph 31 of

32. Defendant denies the statements and allegations contained in Paragraph 32 of

33. Defendant denies the statements and allegations contained in Paragraph 33 of

34. Defendant denies the statements and allegations contained in Paragraph 34 of

35. Defendant denies the statements and allegations contained in Paragraph 35 of

36. Defendant denies the statements and allegations contained in Paragraph 36 of

37. Defendant denies the statements and allegations contained in Paragraph 37 of

38. Defendant denies the statements and allegations contained in Paragraph 38 of

39. Defendant denies the statements and allegations contained in Paragraph 39 of

40. Defendant denies the statements and allegations contained in Paragraph 40 of

other statements and allegations contained therein.

42. Defendant denies the statements and allegations contained in Paragraph 42 of

44. Defendant denies the statements and allegations contained in Paragraph 44 of

45. Defendant denies the statements and allegations contained in Paragraph 45 of

46. Defendant denies the statements and allegations contained in Paragraph 46 of

47. Defendant admits the statements and allegations contained in Paragraph 47 of

the allegations contained in Paragraph 51 of Plaintiffs Complaint.

the allegations contained in Paragraph 52 of Plaintiffs Complaint.

55. Defendant denies the statements and allegations contained in Paragraph 55 of

56. Defendant denies the statements and allegations contained in Paragraph 56 of

Plaintiff attempted to file an internal complaint regarding employment discrimination. Thus,

58. Defendant denies the statements and allegations contained in Paragraph 58 of

59. Defendant denies Paragraph 59 of Plaintiffs Complaint that Plaintiff levied

specific allegations of racial discrimination in the 2808 complaint she filed.

60. Defendant denies the statements and allegations contained in Paragraph 60 of

61. Defendant denies the statements and allegations contained in Paragraph 61 of

62. Defendant denies the statements and allegations contained in Paragraph 62 of

64. Defendant denies the statements and allegations contained in Paragraph 64 of

admitting that Plaintiff complained about the work environment.