IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION

AMBER N. SHARPE, )
)
Plaintiff, )
)
v. ) Case No. _________________
)
CORECIVIC OF TENNESSEE, LLC, ) JURY TRIAL DEMAND (12)
)
Defendant. )

COMPLAINT

Comes now the Plaintiff, AMBER N. SHARPE (“Plaintiff”), by and through counsel and

files this civil action against the Defendant, and CORECIVIC OF TENNESSEE, LLC,

(“Defendant”). For grounds it would be shown:

I. PARTIES

1. The Plaintiff, Amber Sharpe, is a resident of Trousdale County, Tennessee.

2. Defendant, CoreCivic of Tennessee, LLC is a private limited liability company duly

organized under the laws of Tennessee and doing business in the State of Tennessee. Defendant,

CoreCivic of Tennessee, LLC may be served with process by serving one of its registered agents

for service of process, C T Corporation System, located at 300 Montvue Road, Knoxville, TN

37919-5546.

3. The facts and circumstances giving rise to these causes of action, or a certain of

them, occurred in Hartsville, Trousdale County, Tennessee.

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II. JURISDICTION AND VENUE

4. Plaintiff’s causes of action arise under the laws of the United States, namely Title

VII of the Civil Rights Act of 1964. Plaintiff brings this Complaint based on the claims stated

herein in U.S. District Court under federal question jurisdiction, 28 U.S.C. § 1331.

5. A certain of Plaintiff’s causes of action arise under and by virtue of the laws of the

State of Tennessee. Said claims are so related to claims in the action within the U.S. District

Court’s original jurisdiction that they form part of the same case or controversy under Article III

of the United States Constitution. Accordingly, the U.S. District Court exercises jurisdiction over

said claims pursuant to supplemental jurisdiction, 28 U.S.C. § 1367.

6. Venue in this District is proper pursuant to 28 U.S.C. § 1391, in that the Defendant

or its agents, or a certain of them, may be found here; a substantial part of the events giving rise to

Plaintiff’s claims occurred here; and the Defendant transacts business here.

7. Plaintiff filed a Charge of Discrimination with the Equal Employment Opportunity

Commission (“EEOC”), EEOC Charge No.: 494‐2019‐01313, based on Defendant’s violations of

Title VII of the Civil Rights Act of 1964. Plaintiff subsequently requested that the EEOC issue her

a Right to Sue letter. The EEOC issued a Right to Sue letter dated November 15, 2029, which

Plaintiff received on or about November 18, 2019.

III. ALLEGATIONS OF FACT

8. On September 3, 2018, Plaintiff commenced work as a Correctional Officer (CO)

at Trousdale Turner Correctional Facility in Hartsville, Trousdale County, Tennessee.

9. Trousdale Turner Correctional Facility is a carceral facility of the State of

Tennessee which is administrated, staffed, and operated by Defendant, CoreCivic of Tennessee,

LLC under full authority of the State of Tennessee.

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10. At all times relevant to this action, Plaintiff was an employee of Defendant,

CoreCivic of Tennessee, LLC.

11. Beginning on or about December 10, 2018, certain employees of Defendant,

CoreCivic of Tennessee, LLC began engaging in a pattern of unwelcome, harassing, and sexually

demeaning conduct toward Plaintiff.

12. On or about December 10, 2018, Correctional Officer Billings made unwelcome

and offensive sexual comments to Plaintiff in the presence of inmates.

13. In the incident of December 10, Correctional Officer Billings said to Plaintiff, “You

sound like you need a full body massage with oil,” and, “Come in to the break room and we will

take care of that.”

14. Plaintiff responded, “No,” to Correctional Officer Billings’ sexual advances.

15. Correctional Officer Billings persisted in his unwelcome sexual propositions

toward Plaintiff despite the Plaintiff telling him to stop.

16. This conduct was observed by no fewer than five (5) facility inmates.

17. Several weeks after the incident of December 10, 2018, Correctional Officer

Billings again propositioned Plaintiff to engage in sexual contact.

18. Plaintiff responded by saying, “No, I’m engaged.”

19. Several weeks after the aforementioned incident, Correctional Officer Billings

again made unwelcome sexual advances toward Plaintiff.

20. In the third incident of unwelcome and harassing conduct, Plaintiff was in the break

room as Correctional Officer Billings was about to start his shift.

21. Plaintiff, fully clothed, was fixing her shirt. Correctional Officer Billings came at

Plaintiff with his right hand outstretched in a claw-like position, moving toward Plaintiff’s chest.

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22. Plaintiff screamed, “Whoa! What are you doing?”

23. Correctional Officer Billings said, “Come on. Let me see,” while pointing at

Plaintiff’s chest.

24. Plaintiff said, “No.”

25. In said instance, Correctional Officer Billings propositioned Plaintiff no less than

three times to pull down her shirt to allow Correctional Officer Billings to see Plaintiff’s bare

chest. Plaintiff refused each time.

26. The same day, Plaintiff reported Correctional Officer Billings’ unwelcome,

sexually harassing conduct to her supervisor Lieutenant Williams. Plaintiff told Lieutenant

Williams that she was “sick and tired of all this.”

27. Lieutenant Williams failed to take any action in response to Plaintiff’s complaint

of sexual harassment.

28. Defendant, CoreCivic of Tennessee, LLC failed to take any remedial action in

response to Plaintiff’s complaint of sexual harassment to Lieutenant Williams.

29. Following Plaintiff’s report of sexual harassment to Lieutenant Williams,

Defendant, CoreCivic of Tennessee, LLC, through its employees and/or agents, began a pattern of

retaliatory conduct toward Plaintiff aimed at coercing the Plaintiff to resign from her employment

for Defendant.

30. On January 10, 2019, Plaintiff went to the office of Assistant Warden Yolanda

Pittman. Plaintiff reported to Ms. Yolanda Pittman that Plaintiff had been sexually harassed the

previous day.

31. Ms. Pittman handed the Plaintiff a pen. After Plaintiff accepted the pen from Ms.

Pittman, Ms. Pittman stated, “I know you didn’t just snatch that pen out of my hand,” and “Hell

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no! You better get her out of here!” Ms. Pittman became verbally and physically belligerent toward

Plaintiff and had to be physically restrained by other employees to prevent her from battering the

Plaintiff.

32. Following the incident with Assistant Warden Yolanda Pittman, the Plaintiff and

Ms. Pittman were placed on administrative leave.

33. On March 21, 2019, Plaintiff returned to work for Defendant, following more than

two months of administrative suspension.

34. When Plaintiff returned to work, she was subjected to false rumors from inmates,

including falsity that she performed sexual favors for guards and inmates. Plaintiff is informed and

believes that such falsities originated from and were proliferated by employees and agents of

Defendant, following Plaintiff’s complaints of sexual harassment.

35. The false rumors of sexual impropriety proliferated by agents/employees of

Defendant made it impossible for Plaintiff to perform her job as correctional officer.

36. On or about March 25, 2019, resigned her employment.

IV. SEXUAL HARASSMENT AND SEX DISCRIMINATION

37. Plaintiff incorporates all of the statements contained in each of the numbered

paragraphs above as if fully set forth herein.

38. Defendant’s employees, during the course and scope of their employment for

Defendant, regularly engaged in sexually harassing conduct towards Plaintiff.

39. This sexually harassing conduct was severe, pervasive, and offensive to a

reasonable person and created a hostile work environment which interfered with Plaintiff’s

emotional and physical well-being.

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40. Defendant, through its agents or supervisors failed to adequately supervise, control,

discipline, and/or otherwise penalize the conduct of its employees toward Plaintiff.

41. As a direct and proximate result of the hostile and offensive work environment

perpetrated by Defendant’s agents and/or employees, and Defendant’s failure to protect Plaintiff

from such discrimination, the Plaintiff suffered humiliation, emotional distress, and mental

anguish. Accordingly, Plaintiff is entitled to general and compensatory damages in an amount to

be proven at trial.

42. The conduct of Defendant, as described above, constitutes impermissible sex

discrimination in violation of the Title VII of the Civil Rights Act of 1964.

V. RETALIATION

43. Plaintiff incorporates all of the statements contained in each of the numbered

paragraphs above as if fully set forth herein.

44. As herein alleged, Defendant, by and through its officers, managing agents and/or

its supervisors, illegally retaliated against Plaintiff by subjecting her to unjust scrutiny, false

allegations of misconduct and unwelcome and derisive comments solely because she had reported

the aforementioned sex discrimination. Further, Defendant retaliated against Plaintiff by

constructively terminating Plaintiff’s employment. Defendant had no legitimate reasons for any

such act. Each said act of retaliation is in violation of Title VII of the Civil Rights Act of 1964.

45. As a direct and proximate result of Defendant’s acts of retaliation against Plaintiff,

Plaintiff suffered harms, including humiliation and mental anguish, and, ultimately, Plaintiff’s

constructive termination from her employment for Defendant. Plaintiff is thereby entitled to

general and compensatory damages in amounts to be proven at trial.

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VI. WRONGFUL TERMINATION: BREACH OF CONTRACT

46. Plaintiff incorporates all of the statements contained in each of the numbered

paragraphs above as if fully set forth herein.

47. Plaintiff was employed as a sales representative for Defendant under a valid and

legally-binding employment agreement.

48. After Plaintiff was initially hired by Defendant, Plaintiff undertook and continued

employment, and duly performed all of the conditions of the above said employment agreement to

be performed by Plaintiff until prevented from doing so by Defendant’s illegal constructive

termination of Plaintiff. At the time of Plaintiff’s termination, she was ready, willing, and able to

perform all of the duties and conditions of the employment agreement to be performed by Plaintiff.

49. Defendant constructively terminated Plaintiff’s employment without cause and for

a discriminatory purpose, namely for pretextual and defamatory reasons in retaliation for her

reports and complaints of sexual harassment.

50. Defendant’s termination of Plaintiff is in direct contravention of public policy for

the reasons described above, and as such, said termination is illegal and is excepted from the

employment-at-will doctrine.

51. As a direct and proximate result of Defendant’s wrongful termination of Plaintiff,

Plaintiff suffered damages in an amount to be proven at trial.

VII. WRONGFUL TERMINATION: VIOLATION OF PUBLIC POLICY

52. Plaintiff incorporates all of the statements contained in each of the numbered

paragraphs above as if fully set forth herein.

53. Defendant constructively terminated Plaintiff from her employment because of

Plaintiff’s complaints and reports of sexual harassment.

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54. Defendant’s constructive termination of Plaintiff, as described above, constitutes a

violation of public policy and is thus illegal.

55. As a proximate result of this wrongful termination in violation of public policy,

Plaintiff was caused to suffer, and continues to suffer, from humiliation, anxiety, and severe

emotional distress. Accordingly, Plaintiff is entitled to special and general damages in an amount

to be proven at trial.

56. Plaintiff would state that Defendant’s conduct, described above, was reckless and

therefore justifies an award of punitive damages.

VIII. DEFAMATION

57. Plaintiff incorporates all of the statements contained in each of the numbered

paragraphs above as if fully set forth herein.

58. Plaintiff is informed and believes that Defendant, by Defendant’s employees and/or

agents, by the herein-described acts, conspired to, and in fact, did negligently and recklessly cause

excessive and unsolicited internal and external publications of defamation, of and concerning

Plaintiff, to third persons and to the community. These false and defamatory statements included

express and implied accusations that Plaintiff violated company policies; that she was such a poor

performer; that she deserved warnings and disciplinary actions against her; that she was

incompetent and a troublemaker; and was dishonest. These and other similar false statements

expressly and impliedly stated that Plaintiff was dishonest, lazy, incompetent, and a poor

performer.

59. The conduct of Defendant, as described above, constitutes defamation.

60. The Defendant’s defamatory publications consisted of oral and written, knowingly

false and unprivileged communications, tending directly to injure Plaintiff and Plaintiff’s personal,

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business, and professional reputation. As a direct and proximate result of said acts of defamation,

Plaintiff suffered harms and continues to suffer harms.

61. The Defendant’s acts of defamation directly impugned Plaintiff’s professional and

business reputation. As such, damages for the Plaintiff are presumed.

62. Plaintiff would state that Defendant’s conduct, described above, was reckless and

therefore justifies an award of punitive damages.

IX. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

63. Plaintiff incorporates all of the statements contained in each of the numbered

paragraphs above as if fully set forth herein.

64. The conduct of Defendant, as described above, was offensive and outrageous to a

reasonable person and was undertaken with reckless disregard for whether Plaintiff would suffer

emotional distress. Plaintiff indeed suffered emotional distress, including depression and anxiety

for which Plaintiff has received medical/therapeutic treatment.

65. As a direct and proximate result of the Defendant’s conduct, as described above,

Plaintiff was harmed and continues to be harmed.

66. Plaintiff would state that Defendant’s conduct, described above, was reckless and

therefore justifies an award of punitive damages.

X. DAMAGES

67. As a direct and proximate result of the Defendant’s unlawful conduct, as indicated

above, Plaintiff suffered damages, including but not limited to:

a. Plaintiff’s humiliation and embarrassment due to sex discrimination;

b. Plaintiff’s lost wages and benefits;

c. Plaintiff’s reasonable medical and/or therapeutic expenses;

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d. Plaintiff’s reputational injuries which resulted from the conduct of

Defendant;

e. Plaintiff’s mental and emotional suffering, grief, and anguish;

f. Plaintiff’s legal fees; and

g. All other damages and general relief in an amount to be proven at trial.

68. Plaintiff has sustained and will continue to sustain further additional damages as a

result of Defendant’s unlawful conduct.

69. As a direct and proximate result of the Defendant’s unlawful acts and/or omissions,

Plaintiff is entitled to recover, from the Defendant, compensatory damages for the damages set out

in this Complaint.

XII. RELIEF SOUGHT

WHEREFORE, PREMISES CONSIDERED, the Plaintiff prays for relief as follows:

A. That process issue and be served to Defendant, requiring Defendant to respond in

accordance with the Federal Rules of Civil Procedure.

B. That Plaintiff be awarded compensatory damages in an amount the jury determines

to be fair and reasonable under the law and evidence, but in no event less than the

amount of $250,000.00.

C. That Plaintiff be awarded punitive damages in an amount the jury determines to be

fair and reasonable under the law and evidence.

D. That a jury of twelve (12) persons be empaneled in this case to try all matters

properly reserved for jury consideration.

E. That Plaintiff be awarded discretionary costs, and costs of this cause.

F. That Plaintiff be awarded reasonable attorney’s fees.

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G. That Plaintiff be awarded such other general relief the Court deems just and proper.

Respectfully submitted on this the 10th day of February, 2020, by the following counsel:

LAW OFFICE OF MICHAL DURAKIEWICZ

/s/ Michal Durakiewicz______________________

MICHAL DURAKIEWICZ (TN BPR No. 34570)
725 Cool Springs Boulevard, Suite 600
Franklin, Tennessee 37067
Phone: (615) 812-2829
Email: mike.durak15@gmail.com

Attorney for Plaintiff, Amber Sharpe

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JS 44 (Rev.07/16)
CIVI COVER SHEET

pur?osc ot rIlrhatrng rhe crvll Jocker shcer tsEE tNS|RULT'I,NS oN NExT'tutGE ot'7t S tofiM.)
I. (,) PLAINTIFFS DEFENDANTS
Amber N. Sharpe Corecivic of Tennessee, LLC

(b) Couty ornesiaence ofFirst Lisled Plainrifi Trousdale Comty ofResidence ofFimt Listed Defendant Davidson
(EXCEPT N U-S- PI}]MIFF CASES) (lN U.S. PUNTIFF CASES oNlfl
NOTE: rN LAND CONDEMNATION CASES, USE TIIE L0CATIoN oF
T}IE TRACT OF LAND T}IIVOLYED.

(C) Attorneys /r'fa Nd ne, Address. atut Tel?thone Nt bet) Attotueys 0f rro@)

Michal DuEkiewisz, 725 Cool Springs Blvd., STE 600, Franklin, TN

37067, Tel. (6151 812-28?9

Il. IIASIS OF JURISDICTION rri,.."" "x" i,otuBo\ontr) III. CITIZENSHIP OF PRINCIPAL PARTIES ptace aa "x" ir oae Bo' rot ptuinti
(Fot Di'e.si4'C66 o,b) dnd ok Boxfot Defehdaht)
L.lI X3 Fcdcral Qucsion PTF DEF PTF DEF
(U-5.Go,eraM Not a Party) Cilizcn ofThis Sta0e rll Cl I lncoDordtcd o' kincipal Place 17 4 i4
ofBu.sin6s ltrThis St tc

'tl U.S.Golellrlrmr Cl4 Divc$iry Ci&in ofAnolhs SBte lf 2 D lrcorlDEled ,r./ Pmflpal Placr rl 5 .'I 5
Dcfendet (lndicute Cnize8hip dPanies in lteh 1I) ofBusincss !n Another Sale

Cirizcn or Subjcct ora -3 o 3 Forcign Nalion O 6 -6

IV. NATURE OF SUIT

o PORSONALTMURY PEBSONALINIURY tl 625 Dog Pclatedseire rt 422 A+pcalz8 USC 158 f l?5 Ealso Ctai$ Ac!
o 120 Marine O lloAirplanc D 365 Pe$onal Injury - of Propcrty 2l USC 881 a, 423 withdnwal O 376 Qui Tm (31 USC
o 130 Villc.Act O 31s AiQlanc Product Product Liability O 690 Othcr 28 USC 157 372e(a))
o 140 Ncgoiiabl.Irsllm$t LBbiliry lf 16? Hslth Cm a :lO0 Ststc Rcapportionmcnt
o I 50 Rccovery of Overpaymenl O 320 Assauh, Lib€l & Phamccudcal D 410 Atrtit rst
& Enforc@ctrt of Slander PcBonll hlury O E20 Copyrights 0 4lo B.nk and B.nking
o [t 330 Federal Employcrs' Prdru.t Liability D 830 Patent
o 152 Rccovcry of Defdlted Liabiliry D 166 Asbest6 PcMDI O E40 TEdcrErk O ,160 D€ponatio,
O llo Mlrinc Ljury Producr O 470 RackeEer Influcnccd and
(Excludcs Vetenos) ll 345 MariDc Producl Liability Corull Orgarizations
O 153 Recolery ofov€ipaymmt Liabilny PERSONAL PROPf,RTY 7 I 0 Fai kbor Sradards 3 86t HtA 03950 O 480 Colrsmq Crcdil
olVetemrt Bdefits O 350 Motor Vehicle al 370 Other Fmud t7 862 Bhck LuDs (923) O 490 Cable/Sar TV
O 160 Stockhold.rs' Suits O 355 Motor Vehicle C, l7l Ttulh i, LmdirS 720 Labo./Man.smmr o 863 DIWC,DTWW (405G) O 850 Seuntievcomrcditics/
at 190 Othd Cortract Ploduct Liability O 380 Olher PcMnal o 864 SSID Tilte XVI ExchuSe
f, 195 Contract Producr LiabfiB, O 360 Othcr Persoml P$pcrty Damase 740 Railway Labor Act 3 865 RsI (40s(s)) D 890 Othcr Siatutory Acdons
O 196 Franchise lnjury O 385 Propcrty Damagc 75 I Family ed Medical O 891Agricuhml Acls
n 162 Pclsonal lniury - Pmduct Liability n 893 Envirormcltal Maltcrs
O 790 Otlcr Labor Lidgatjoo O 895 Frecdom oflrlonnation
3 791 Employee Rohiement
d 21 0 Land Condemnation fl 440 Othd Civil RiShts Iliba Corpus: Incomc Sccurit Act O 870 Taxes (U.S. PlaimilT O 896 ArbiiElion
f, 220 Forcclosure O ,l4l Voting O 461 Alia
Detaincc or Dcfcndanr) 0 899 AdDi,isrEtilc Prcccdurc
O 230 Rcot Lc6c & Ejeci e +Z r.pty-*t O 510 MotioN to Vacatc O 87t IRS-Third Party Act/Revicw or Appcal of
O 2:10 Torts ro Lad O 443 Ho'Eins/ 26 USC 760s Ag@cy Decisioo
O 245 Tort Product Liabilrty AccotrtEodations O 530 G€Deril I 950 Constitutionalily of
O 290 All Other REal Propeny O 445 tu[€r. VDis.bilities - O 535 Death Penalty
Employment
O 416 A$er. dDisabilitiB - O 54O Man lanus & Odrcr 465 Other Imirrarid
Oder O 550cilil RiShts
O 448 E{rucation fI 555Pnion CoDdr-lrbn
O 560 Civil Detainee -
Conditiotrs of

V. ORIGIN eb.e an "x'in oft Ba'ont\l

X t orig;nai f! 2 Removcd l?om , J Kcmandcd lrorrr O 4 Rcinstatcd or i] 5 Tmnsicncd tion\ t'l 6 Multidislricr A8 Muhidistrict
Proceedins Slaie Coud Appellate Couft Reopened Another District Lidgation - Liligation -
Tmnsfer Dircct File
Cite thc U.S. Cilil Statule rDder }r'hich You arc filinB @o Dot ci.e jansttclional s@,'td tbless itie?ftit!):
42 U.S.C.A. q 2000e et seo.
VI. CAUSE OF ACTION Bricf dcscriDtion of causc:
Sexual Harassment in under Tide Vll o, Civil Acl of 1964
REQUESTED IN o cHEcK IF TItrs IS A clAss AcrroN DEMAND $ CHECK YES only ifdemand€d h complainr:
COMPLATNT: tiNDER RULE 23. F.R.CV.P. 250,000.00 JIJRYDEMAND: X V"" ONo
VIII. RELATED CASE(S)
IF ANY .ILJDGE DOCKET NUMBER
DATS SIGNAI'T]RE OF ATTORNEY OF RECORD

}..)R OFTICE I]SE ONI-Y

Rl'( tilPI ri
Case 3:20-cv-00122 Document 1-1 Filed 02/10/20 Page 1 of 1 PageID
AMOUNT #: 12
N,IAG, ]LIDGE
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