jackson v frisco

Plaintiff’s Original Complaint

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

ALVIN JACKSON, § § Plaintiff, § § CIVIL ACTION NO. v. § § 4:12-CV-318 FRISCO INDEPENDENT § SCHOOL DISTRICT, § § Defendant. §

PLAINTIFF’S ORIGINAL COMPLAINT

I.

INTRODUCTION

Plaintiff Alvin Jackson files this Original Complaint (Complaint) against Defendant

Frisco Independent School District.

II.

PARTIES

1. Plaintiff Alvin Jackson is a resident of the state of Texas.

2. Defendant Frisco Independent School District (FISD) is a school district

organized under the laws of the state of Texas. FISD may be served with citation, including a

copy of this Complaint, by serving the FISD superintendent of schools, Rick Reedy, 5515 Ohio

Drive, Frisco, Texas 75035, or wherever he may be found.

III.

JURISDICTION

3. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331 because

Mr. Jackson asserts claims arising under federal law.

Case 4:12-cv-00318-RAS Document 1 Filed 05/22/12 Page 1 of 9 PageID #: 1


IV.

VENUE

4. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(1) because FISD

resides in Collin County, and pursuant to 28 U.S.C. § 1391(b)(2) because a substantial part of the

events or omissions giving rise to the claim occurred in Collin County.

V.

FACTS

5. Alvin Jackson is a teacher at Frisco High School in the FISD. Mr. Jackson is the

only African American coach and core subject teacher at Frisco High School.

6. On April 18, 2011, Cade Smith, Associate Principal of Frisco High School,

completed a Professional Development and Appraisal System Summative Annual Appraisal on

Mr. Jackson. In this appraisal, Mr. Jackson was either proficient or exceeded his compliance in

all areas.

7. The racial discrimination and retaliation stems from an ongoing racially hostile

environment caused initially by Coach Sam Reiter. Because Sam Reiter and the superintendent

were close friends, the retaliation began after Mr. Jackson complained of the discrimination to

Mr. Smith.

8. On August 18, 2011, Mr. Jackson spoke with Mr. Smith complaining of

difficulties working with Coach Reiter and advised Mr. Smith that he wanted to file a formal

complaint with Human Resources. Mr. Jackson informed Mr. Smith that he believed the

difficulties were race related. During this meeting, Mr. Smith instructed Mr. Jackson not to

contact Human Resources, but instead Mr. Smith said that he would handle the issues.



9. On September 8, 2011, Mr. Smith conducted a Walkthrough on Mr. Jackson’s

class. During this Walkthrough, Mr. Smith noted no deficiencies.

10. On October 19, 2011, after Mr. Jackson informed Mr. Smith of his claims of

racial discrimination, Mr. Smith completed a Professional Development and Appraisal System

Summative Observation Summary Appraisal on Mr. Jackson. Unlike the April 2011 Appraisal,

Mr. Jackson suddenly performed below expectations in a majority of the areas.

11. On October 25, 2011, Mr. Jackson requested a second evaluation.

12. On November 7, 2011, in response to the October 19, 2011 Observation, Mr.

Jackson was placed on an Intervention Plan for Teacher in Need of Assistance (TINA). The

TINA was set to expire on February 17, 2012.

13. On November 10, 2011, a second evaluation was performed by Kenny Durand of

Wakeland High School. After the second PDAS evaluation, Mr. Jackson was proficient in all

areas except one.

14. On November 11, 2011, another Walkthrough was conducted on Mr. Jackson’s

World History class, this time by Erica Castille. During this Walkthrough, no deficiencies were

noted.

15. On November 17, 2011, Sylvia Palacios, Principal of Frisco High School,

performed a Walkthrough of Mr. Jackson’s World History class. On the Walkthrough form, Ms.

Palacios noted that a rigorous, relevant, and aligned curricula-learning targets of the lesson

existed. She also noted that the learning targets were aligned to FISD curricula.

16. On January 24, 2012, Jon Boettcher performed a Walkthrough of Mr. Jackson’s

World History class. Mr. Boettcher found no deficiencies during the Walkthrough.



17. According to Ms. Palacios, on January 31, 2012, Mr. Jackson approached Ms.

Palacios to complain of the racial discrimination and retaliation. However, Ms. Palacios never

investigated these discrimination or retaliation claims.

18. During the January 31, 2012 meeting between Ms. Palacios and Mr. Jackson, Ms.

Palacios told Mr. Jackson that he was not a “good fit” for this school district and suggested that

he resign. In exchange for the resignation, Ms. Palacios offered to give Mr. Jackson a good letter

of recommendation.

19. On February 17, 2012, Mr. Jackson was informed that the school intended to

recommend non-renewal of Mr. Jackson’s contract for the 2012-2013 school year. Additionally,

on this date, an updated TINA was completed. Mr. Smith and Ms. Palacios updated the TINA

claiming that Mr. Jackson did not successfully complete the TINA the first round.

20. On February 28, 2012, 11 days after Mr. Jackson was informed that his contract

would not be renewed. Although Mr. Jackson coached at a basketball game between Lincoln

High School and Frisco High School, Mr. Jackson’s name was left off the school program.

21. On March 1, 2012, Kerry Antwine performed a Walkthrough of Mr. Jackson’s

World History class. During this Walkthrough, all learning targets were stated, aligned, and

evident to the students.

22. On March 21, 2012, Mr. Smith conducted another Walkthrough of Mr. Jackson’s

World History class. Mr. Smith noted that the learning targets of the lesson were rigorous,

relevant, and aligned curricula targets. Mr. Smith noted that the lesson of the class was a broad

topic; however, no further derogatory comments were noted.



23. On March 22, 2012, Ms. Palacios informed Mr. Jackson that the Board of

Trustees would vote to non-renew Mr. Jackson’s contract for the 2012-2013 school year at the

April 9, 2012 meeting.

24. On March 28, 2012, Richard Oldham conducted a Walkthrough of Mr. Jackson’s


evident to the students, and no deficiencies were noted.

25. On April 17, 2012, Ms. Castille conducted a Walkthrough of Mr. Jackson’s World

History class. During this Walkthrough, all learning targets were stated, aligned, and evident to

the students, and no deficiencies were noted.

26. On April 23, 2012, Mr. Jackson formally complained to Dan Mossakowski, Board

President of the Frisco ISD Board of Trustees, Dr. Bass, Assistant Superintendent for Human

Resources and Dr. Rick Reedy, Superintendent of Schools. In this complaint, Mr. Jackson

vocalized his unfair treatment because of his race as well as the school’s retaliation.

27. On May 4, 2012, Mr. Jackson met with Dr. Bass and Mr. Longfellow to fully

discuss his claims of racial discrimination and retaliation. Mr. Jackson had previously submitted

names and specific instances of the discrimination and retaliation.

28. In response to this meeting, on May 7, 2012, Dr. Bass wrote a letter to Mr.

Jackson. In this letter, Dr. Bass summarily denied Mr. Jackson’s claims of discrimination and

retaliation, claiming that Mr. Jackson “chose not to provide any information and/or evidence in

support of your allegations.” However, Dr. Bass admitted that names were provided to her, but

she failed to contact any of those people. Further, Dr. Bass conducted no investigation into the

allegations of racial discrimination or retaliation even though that is her job.



29. On April 24, 2012, Mr. Smith conducted his Professional Development and

Appraisal System Summative Annual Appraisal on Mr. Jackson. Unlike the April 2011

Appraisal, Mr. Jackson was now rated below expectations in several of the areas addressed.

30. Yet, on May 3, 2012, Mr. Boettcher conducted a Walkthrough of Mr. Jackson’s


evident to the students, and no deficiencies were noted.

31. On May 7, 2012, Frisco ISD sent notification of the scheduling of the nonrenewal

hearing for the next morning, May 8, 2012 at 11:00 a.m. Mr. Jackson was given less than 24

hours notice of this “hearing.” Additionally, FISD arbitrarily allocated only 45 minutes per

side to conduct this “hearing.” Furthermore, though previously requested in writing in this

letter and accompanying documents, this was the first time FISD provided the witness list and

exhibits for this “hearing.”

VI.

CONDITIONS PRECEDENT

32. Mr. Jackson filed a Charge of Discrimination with the Equal Employment

Opportunity Commission on April 11, 2012.

33. The Charge was filed within 300 days after Mr. Jackson was notified that FISD

intended to non-renew his teaching contract for the 2012-13 school year.

34. The EEOC issued Mr. Jackson a right to sue letter on April 11, 2012. See Exhibit

A.

35. Mr. Jackson has timely exhausted all of his/her administrative remedies.



VII.

CAUSES OF ACTION

A. First Cause of Action—Race/Color Discrimination—Title VII

36. Mr. Jackson incorporates each of the foregoing paragraphs.

37. FISD discriminated against Mr. Jackson because of his race/color, and subjected

him to a wholly subjective review of his teaching skills. FISD also has decided/intends to non-

renew his teaching contract for the 2012-13 school year because of his race/color.

38. FISD’s actions violate 42 U.S.C. § 2000e-2(a).

B. Second Cause of Action—Race/Color Discrimination—42 U.S.C. § 1981


40. FISD discriminated against Mr. Jackson because of his race/color, and subjected

him to a wholly subjective review of his teaching skills. FISD also has decided/intends to non-

renew his teaching contract for the 2012-13 school year because of his race/color.

41. FISD’s actions violate 42 U.S.C. § 1981.

C. Third Cause of Action—Unlawful Retaliation


43. Mr. Jackson engaged in protected activity as set forth in 42 U.S.C. § 2000e-3(a).

In response, FISD retaliated against Mr. Jackson and ultimately has terminated or intends to

terminate his employment by non-renewing his teaching contract for the 2012-13 school year.

44. FISD’s actions violate 42 U.S.C. § 2000e-3(a).

VIII.

DAMAGES




46. FISD’s actions violated 42 U.S.C. § 2000e-2(a) and 42 U.S.C. § 2000e-3(a),

which entitle Mr. Jackson to recover from FISD back pay, front pay, as well as pre-judgment and

post-judgment interest. Mr. Jackson is also entitled to recover from FISD compensatory

damages as provided for under 42 U.S.C. § 1981a(a)(1).

47. Because FISD’s actions were done with malice and/or reckless indifference to Mr.

Jackson’s federally-protected rights, Mr. Jackson is entitled to recover from FISD punitive

damages as provided for under 42 U.S.C. § 1981a(b)(1).

48. FISD’s actions also violated 42 U.S.C. § 1981, which entitles Mr. Jackson to

recover back pay and compensatory damages.

49. Because FISD’s actions were done willfully and with gross disregard for Mr.

Jackson’s rights, Mr. Jackson is also entitled to recover from FISD punitive damages.

50. Mr. Jackson seeks all damages available to him under federal law.

IX.

ATTORNEYS’ FEES AND COSTS


52. Mr. Jackson retained the services of undersigned counsel to prosecute his/her

claims.

53. Pursuant to 42 U.S.C. § 2000e-5(k), Mr. Jackson is entitled to recover a

reasonable attorneys’ fee from FISD, including reasonable expert fees and costs.

X.

JURY DEMAND

54. Plaintiff demands a trial by jury.



XI.

CONCLUSION AND PRAYER

55. Plaintiff Alvin Jackson respectfully requests that Defendant Frisco Independent

School District be cited to appear and answer, and that upon final trial of this matter, the Court

enter judgment awarding Mr. Jackson:

A. Back pay and front pay (including benefits) as determined by the jury;

B. Compensatory damages as determined by the jury;

C. Punitive damages as determined by the jury;

D. Reasonable attorneys’ fees and expert fees;

E. Courts costs;

F. Pre-judgment and post-judgment interest at the rate set by law; and

G. All legal or equitable relief this Court deems proper.

Respectfully submitted,

/s/ Joe Kendall JOE KENDALL Texas Bar No. 11260700 JAMIE J. MCKEY Texas Bar No. 24045262 SCOTT KENDALL Texas Bar No. 00797920 KENDALL LAW GROUP, LLP 3232 McKinney Avenue, Suite 700 Dallas, Texas 75204 214-744-3000 / 214-744-3015 (Facsimile) ATTORNEYS FOR PLAINTIFF ALVIN JACKSON


jackson v frisco

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