Beruflich Dokumente
Kultur Dokumente
PLAINTIFF
CIVIL ACTION NO.: 3:16-cv-00657-DPJ-FKB
DEFENDANTS
PD.20364429.1
Clause of the Fourteenth Amendment, and other provisions of the United States Constitution and
Article III, Section 14 and other provisions of the Constitution of the State of Mississippi.
FIFTH AFFIRMATIVE DEFENSE
Plaintiffs alleged injuries were not caused by a policy or custom of the City of Jackson,
Mississippi. Thus, there can be no municipal liability with respect to Plaintiffs constitutional
claims brought through 42 U.S.C. 1983.
SIXTH AFFIRMATIVE DEFENSE
Municipal Defendant asserts the right to rely upon any after-acquired evidence.
SEVENTH AFFIRMATIVE DEFENSE
Plaintiff lacks standing under Title VII to pursue claims which are beyond the scope of
her EEOC charge.
EIGHTH AFFIRMATIVE DEFENSE
Plaintiffs Title VII claims should be dismissed to the extent she has failed to exhaust her
administrative remedies.
NINTH AFFIRMATIVE DEFENSE
Municipal Defendant exercised reasonable care to prevent and promptly correct harassing
behavior in the workplace and Plaintiff unreasonably failed to take advantage of any preventative
or corrective opportunities provided by Municipal Defendant or to otherwise avoid harm.
Municipal Defendant relies on Faragher v. City of Boca Raton, 524 U.S. 775 (1998), Burlington
Industries, Inc. v. Ellerth, 524 U.S. 742 (1998) and related case law in support of this affirmative
defense.
TENTH AFFIRMATIVE DEFENSE
Municipal Defendant affirmatively avers that Plaintiff cannot establish a prima facie case
of discrimination, harassment, hostile work environment and/or retaliation under federal law.
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statutes of limitations, all exemptions from liability, all jurisdictional prerequisites to suit and no
right to a jury trial.
EIGHTEENTH AFFIRMATIVE DEFENSE
Any alleged wrongdoing committed against Plaintiff by any City employee was
committed outside the course of scope of the employees employment.
NINETEENTH AFFIRMATIVE DEFENSE
Plaintiff gave Municipal Defendant consent to conduct the alleged interceptions of her
email communications within the meaning of the Electronic Communications Privacy Act and
authorized Municipal Defendant to access her email communications within the meaning of the
Stored Communications Act.
TWENTIETH AFFIRMATIVE DEFENSE
Municipal Defendant is a provider of a wire or electronic communication service, whose
facilities are used in conjunction with such a service, within the meaning of the Electronic
Communications Privacy Act. The alleged interceptions of Plaintiffs email communications
occurred in the normal course of the Municipal Defendants employees employment while they
were engaged in an activity necessary to the rendition of the service and the protection of the
rights and property of the Municipal Defendant in the facilities and the provision of the service.
TWENTY-FIRST AFFIRMATIVE DEFENSE
Municipal Defendant is a provider of a wire or electronic communication service, whose
facilities are used in conjunction with such a service, within the meaning of the Electronic
Communications Privacy Act and the Stored Communications Act, and therefore the Municipal
Defendant is authorized to access electronic communications stored on its facilities.
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allegations contained in Paragraph 1 of Plaintiffs Complaint and, therefore, denies the same.
2.
Plaintiffs Complaint.
3.
Complaint.
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4.
at Municipal Defendant and, therefore, require no response from this Defendant. However, to
the extent these allegations are construed as requiring a response from Municipal Defendant, the
same are denied.
JURISDICTION AND VENUE
5.
Plaintiffs Complaint.
6.
Municipal Defendant admits this Court has jurisdiction over Municipal Defendant
and this action. Municipal Defendant further admits venue is proper in this Court. All remaining
allegations contained in Paragraph 6 of Plaintiffs Complaint are denied, except to admit Plaintiff
has attached her purported EEOC Charge as Exhibit A to the Complaint and the EEOCs
purported Dismissal and Notice of Rights as Exhibit B to the Complaint.
STATEMENT OF THE FACTS
7.
Complaint.
8.
Complaint.
9.
Complaint.
10.
allegations contained in Paragraph 10 of Plaintiffs Complaint and, therefore, denies the same.
11.
Plaintiffs Complaint.
12.
Plaintiffs Complaint.
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13.
Plaintiffs Complaint.
14.
Plaintiffs Complaint.
15.
Plaintiffs Complaint.
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Plaintiffs Complaint.
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Plaintiffs Complaint.
18.
Plaintiffs Complaint.
19.
Plaintiffs Complaint.
20.
Plaintiffs Complaint.
21.
Plaintiffs Complaint.
22.
Plaintiffs Complaint.
23.
Plaintiffs Complaint.
24.
Plaintiffs Complaint.
25.
Plaintiffs Complaint.
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26.
Plaintiffs Complaint.
CAUSES OF ACTION
COUNT I VIOLATION OF TITLE VII SEXUAL HARASSMENT AND THE 14TH
AMENDMENT THROUGH 1983 EQUAL PROTECTION
27.
Plaintiffs Complaint.
29.
Plaintiffs Complaint.
COUNT II VIOLATIONS OF TITLE VII AND THE 14TH AMENDMENT
THROUGH 1983 RETALIATION
30.
Plaintiffs Complaint.
32.
Plaintiffs Complaint.
COUNT III VIOLATION OF THE ELECTRONIC COMMUNICATIONS PRIVACY
ACT AND THE STORAGE COMMUNICATIONS ACT
33.
Plaintiffs Complaint.
35.
Plaintiffs Complaint.
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36.
Plaintiffs Complaint.
PRAYER FOR RELIEF
37.
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CERTIFICATE OF SERVICE
I, JASON T. MARSH, do hereby certify that on November 7, 2016 I electronically filed
the above and foregoing MUNICIPAL DEFENDANTS ANSWER AND AFFIRMATIVE
DEFENSES TO PLAINTIFFS FIRST AMENDED COMPLAINT with the Clerk of the Court
using the CM/ECF system which sent notification of such filing to the following counsel of
record:
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