UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

ANGELA J. DILLWORTH CIVIL ACTION

Plaintiff,

VERSUS NO.:

RAY MABUS, SECRETARY OF THE NAVY SECTION: “ ”

Defendant. MAG.: “”

COMPLAINT

COMES NOW, Complainant, Angela J. Dillworth, and for her complaint states

as follows:

PRELIMINARY STATEMENT

1. This is a civil action for compensatory and punitive damages and for declaratory

and injunctive relief. Complainant contends that while employed by the defendant, Ray

Mabus, Secretary of the Navy, she was discriminated against based on race. The

defendant’s deliberate actions and/or omissions resulted in Complainant being subjected

to racial discrimination in violation of the protections guaranteed by Title VII of the Civil

Rights Act of 1964, the United States Constitution and Louisiana’s State Constitution.

Additionally, this is an action brought by Complainant, to enjoin the defendant’s racial

discrimination practices that are prohibited by 42 U.S.C. § 1981, 42 U.S.C. § 1983, 42

U.S.C. § 1985, and 42 U.S.C. § § 2000 et seq.

2. Complainant maintains that the deprivation of, and violation of her constitutional

rights were carried out pursuant to the rules, regulations, customs, policies, and practices

of the defendant.
3. Complainant requests this Court declare that the acts and/or omissions by

defendant were unconstitutional under the United States Constitution and by an award of

compensatory and punitive damages, compensate Complainant for the violations of her

constitutional rights and deter defendant form further participation in such

unconstitutional acts and/or omissions.

JURISDICTION AND VENUE

4. This Court has jurisdiction of this action, which arises under and is brought

pursuant to Title VII of the Civil Rights Act of 1964. Additionally, this Court has

jurisdiction pursuant to the Fifth and Fourteenth Amendments to the United States

Constitution.

5. Complainant further invokes the pendent jurisdiction of this Court to hear and

decide all claims arising under the laws of the State of Louisiana and the Louisiana

Constitution of 1974 and delictual laws of the including Article 2315 of the Louisiana

Civil Code.

6. 28 U.S.C. Sections 2201 and 2202 and Rule 57 of the Federal Rules of Civil

Procedure authorize complainant’s claims for declaratory relief.

7. 28 U.S.C. Section 2283 and 2284 and Rule 65 of the Federal Rules of Civil

Procedure authorize complainant’s claims for injunctive relief.

8. This cause of action arose in the Eastern District of Louisiana. Therefore, venue

is proper under 28 U.S.C. Section 1391 (b).

9. A jury trial is requested.

 THE PARTIES

10. Complainant, Angela J. Dillworth, is an African American (black) female and a

resident of the Parish of Jefferson, State of Louisiana and the Eastern District of

Louisiana, at all times relevant to the allegations to this complaint. She is a citizen of the

United States. The defendant Company employed Complainant. At all material times

hereto, Complainant was and is discriminated against on account of her race, with respect

to racial epithets, slurs and jargon.

11. Defendant, Ray Mabus, Secretary of the Navy, is and at all times mentioned is

an individual that represents an entity authorized to due business and sue and be sued in

the State of Louisiana, and Parish of Orleans; and employed Byron Hartman as site

supervisor and Justin Gonzales as the Complainant’s supervisor.

STATEMENT OF FACTS

12. Complainant in compliance with 42 U.S.C.S §§ 2000 et seq., filed a charge with

the Department of the Navy on April 24, 2008, he was mailed a notice of right to sue

under 42 U.S.C.S. §§ 2000 et seq on June 11, 2009.

13. The Defendant employed Complainant since November 7, 2005. During the

course and scope of her employment with the defendant, Complainant was subjected to

disparate and biased treatment in comparison to the other employees of a different race,

who were Caucasian. Complainant encountered racial epithets, slurs and jargon directly

by Vice President/Director of the Navy Lodge Program on January 7, 2008.

14. Additionally, Complainant’s first-level supervisor was present.

15. Complainant was also deny advancement within the company as a form

retaliation as a direct result of filing a complaint against actions of Vice

President/Director of the Navy Lodge Program.

FIRST CAUSE OF ACTION

16. Complainant is an African American and/or Black individual that belongs to a

protect group. Complainant did not consent to in form of racial discrimination.

17. Complainant was subjected to work in a hostile environment over a period of

time. Thereafter, Complainant was denial of advancement as a form of retaliation.

18. Complainant repeats and realleges each and every allegation of the complaint as

though copied herein in extensor, in particular the unlawful discrimination and retaliation

by the defendants while in the scope and course of employment.

19. Defendants acting individually and together, and within the scope and course of

employment, conducted acts that deprived Complainant of her constitutional rights.

20. At all times pertinent herein the defendant acted unreasonable, recklessly and with

deliberate indifference and disregard for the constitutional and civil rights of

Complainant. The defendant’s actions were done recklessly, maliciously, willfully and

intentionally.

21. Complainant further alleges that such acts were the proximate cause of

discrimination and retaliation against Complainant.

SECOND CAUSE OF ACTION

26. Defendant, RAY MABUS, SECRETARY OF THE NAVY, respectfully

established customs, policies and practices which directly deprived Complainant of her
life in the following non-exclusive list of particulars, among others which may be shown

at a trial hereof:

a. Employment or retention of discriminating employees;

b. Failure to properly hire, train, discipline and/or supervise employees;

c. Permitting or failing to prevent discrimination and retaliation;

d. Toleration of a pattern and practice of discrimination and retaliation;

e. Failure to adequately discipline subordinates who violate civil rights.

All of the aforementioned acts, including others which may be proven at a trial of this

matter, had the effect of depriving Complainant of his right to be free from discrimination

and retaliation and other rights, privileges and immunities secured by the Constitution

and laws of the United States and of the State of Louisiana, which directly and

proximately caused the discrimination and retaliation complained of herein.

27. At all times pertinent herein the defendant acted unreasonable, recklessly and with

deliberate indifference and disregard for the constitutional and civil rights and safety of

Complainant and that such actions were the proximate cause and cause in fact of the

discrimination and retaliation described herein.

28. Complainant further alleges that the foregoing defendants were acting in the

course and scope of their employment with RAY MABUS, SECRETARY OF THE

NAVY individually and together and thereby rendering the RAY MABUS,

SECRETARY OF THE NAVY vicariously liable for acts described herein.

DAMAGES

29. Complainant is now suffering and will continue to suffer harm for the

Defendants’ policies, practices, procedures and customs as mentioned heretofore. The

conduct of RAY MABUS, SECRETARY OF THE NAVY deprived Complainant of her

constitution and civil rights under the law, and constituted deliberate indifference toward

her life, safety and welfare.

30. As direct result of the actions of the defendants as described above, Complainant

suffered physical, mental and emotional distress, pain and suffering, loss past, present

and future wages, legal expense among other damages to be shown at trial of this matter.

a. Mental and emotional pain and suffering, including humiliation,

aggravation, anxiety, inconvenience, fear, fright and intimidation $ 500,000.00

b. Deprivation of rights, privileges, and immunities secured to

Complainant and all U.S. Citizens $ 500,000.00

c. Past, Present and Future loss wages $ 169,500.00

d. Punitive and exemplary damages to be assessed in the nature

of a fine to ensure that such conduct as was used to victimize
Complainant is not used in the future against other U.S. Citizens $1,000,000.00

TOTAL $2,169,500.00

PRAYER FOR RELIEF

WHEREFORE, Complainant, Angela J. Dillworth, prays that after due

proceedings had, there be judgment rendered herein in his favor and against defendant,

Environment Restoration, LLC and for such other relief as this Court may deem just and

appropriate.

FURTHER, Complainant, Angela J. Dillworth, prays for all costs and expenses

incurred in this litigation, and reasonable attorney’s fees pursuant to 42 U.S.C. § 1988.

FURTHER, Complainant, Angela J. Dillworth, prays for and demands trial by

jury as to all issues.

 Respectfully submitted,

______________________________
Larry M. Aisola, Jr.(LSBA#27934)
530 E. Judge Perez Drive, Suite B
Chalmette, Louisiana 70043
Telephone: (504) 682-6733
Telecopier: (504) 682-6734
E-mail: LawLMAJ@aol.com

PLEASE SERVE:
RAY MABUS, SECRETARY OF THE NAVY
Through there agent
Department of the Navy
Naval Office of EEO Complaints management
And Adjudication
614 Sicard Street Se Suite 100
Washington Navy Yard, DC 20374-5072