Beruflich Dokumente
Kultur Dokumente
HIRAM CELIS,
Plaintiff,
Defendant.
Now comes the Catoosa County School District, (“District”) which is the
legal entity in charge of the public schools in Catoosa County, and shows that the
Catoosa County Public Schools is a given name for the District. As used in this
pleading, the term “Defendant” will refer to the “District” unless otherwise
indicated in the text. Defendant answers the Amended Complaint, and shows:
1
This Defendant is not aware that there ever was an original “Complaint” in this
case, but the document filed by Plaintiff [Doc. 1] is entitled “Amended
Complaint.”
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DEFENSES
FIRST DEFENSE
The Complaint fails to state a claim upon which relief can be granted against
the Defendant, and should be dismissed under Federal Rule of Civil Procedure
12(b)(6).
SECOND DEFENSE
The Defendant is not liable to Plaintiff because the Defendant's actions were
THIRD DEFENSE
The Defendant is not liable to Plaintiff because he has failed to mitigate his
FOURTH DEFENSE
Defendant’s actions were at all time reasonable, performed in good faith, and
FIFTH DEFENSE
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SIXTH DEFENSE
SEVENTH DEFENSE
The Defendant is not liable to Plaintiff because Plaintiff was not deprived of
EIGHTH DEFENSE
The Defendant reserves the right to amend or assert other affirmative and
NINTH DEFENSE
To the extent that Plaintiff has failed to comply with all the administrative
and procedural prerequisites necessary to bringing some or all of his claims, those
claims are barred. Specifically, this Defendant is not liable to Plaintiff because he
did not timely exhaust his administrative remedies with the United States Equal
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TENTH DEFENSE
This Defendant is not liable because Plaintiff cannot establish a prima facie
ELEVENTH DEFENSE
establish a prima facie claim, he cannot establish that Defendant’s legitimate, non-
discriminatory and non-retaliatory reasons for its actions were a pretext for
discrimination or retaliation.
TWELFTH DEFENSE
This Defendant is not liable to Plaintiff under Title VII, because Plaintiff
cannot prove the existence of any discrimination based on national origin and
cannot show that this Defendant acted with any discriminatory purpose or intent.
THIRTEENTH DEFENSE
At all times relevant to the subject matter of the Complaint, this Defendant,
and any of its agents, servants, or employees, acted in good faith on the basis of
legitimate and non-discriminatory reasons and with the belief that their actions
were permissible, necessary, and proper within the mandates of the law.
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FOURTEENTH DEFENSE
This Defendant is not liable to Plaintiff because any and all treatment
FIFTEENTH DEFENSE
This Defendant is not liable to Plaintiff because this Defendant has not
SIXTEENTH DEFENSE
Complaint as follows:
-1-
County Public Schools is a given name for the Catoosa County School District and
admits that this Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331
employment practices.
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County Public Schools is a given name for the Catoosa County School District and
admits that the Catoosa County School District is a public entity in charge of
public schools over which this court has jurisdiction as to subject matters involving
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Complaint.
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Catoosa County School District would be properly venued in the Rome Division of
II. PARTIES
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Defendant admits that Plaintiff is a citizen of the United States and a resident
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Georgia 30736. It is admitted that the Catoosa County School District would be
-8-
Defendant admits that it can be served by delivering a copy of the Complaint and
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Complaint. In further response, Defendant admits that Plaintiff has declared that
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Complaint. In further response, Defendant admits that Plaintiff has informed the
District that he holds two Master’s degrees, one in Educational Leadership and
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Defendant admits that Plaintiff has been employed by the District since July
of 2007.
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Defendant admits that at all times relevant to the alleged actions complained
School.
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response, Defendant states that Plaintiff has had several “needs improvement”
ratings, and has had an overall satisfactory performance history with Defendant.
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in higher leadership positions who are members of a protected class and who have
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leadership positions who are members of a protected class and who have blended
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Assistant Principal has declared to the District that they are ‘minority’ members.
However, the Defendant shows that it has people employed in higher leadership
positions than Principal and Assistant Principal who are either minority members,
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Principal is made solely by the Superintendent, and that the Superintendent did not
know the national origin of the Plaintiff at the time that she selected second-round
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Defendant admits that Plaintiff interviewed for the West Side Principal
position.
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Defendant admits that on or about May 10, 2018, two Caucasian candidates
were selected by the Superintendent for a second interview for this position. In
further response, Defendant states that those two candidates performed much better
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Defendant admits that Plaintiff was not selected by the Superintendent for a
second interview for this position. In further response, Defendant states that this
was based in large part on the relative performances of the candidates in the first
round of interviews.
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Defendant admits that the person selected for this position declared that he
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Assistant Principal than Plaintiff. In further response, Defendant states that such
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candidate had more experience than Plaintiff as an Assistant Principal at the school
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Defendant admits that the candidate selected by the Superintendent did not
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Defendant admits that Plaintiff was informed of his first non-selection via
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Defendant denies that Mr. Cline had previously stated that Plaintiff would
not get a position as Principal while Mr. Cline was head of Human Resources. In
further response, Defendant states that even if such statement had been made, the
statement would not be relevant to the result complained of by the Plaintiff because
the decision of who is recommended to the Catoosa County Board of Education for
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been made by any District employee with decision-making authority for these
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the career ladder, and demands strict proof thereof. However, even if such
statement had been made, the statement would not be relevant to the result
Superintendent.
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been made by any District employee with decision-making authority for these
positions to anyone.
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It is admitted that the Plaintiff was not selected for a second interview for
that position.
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It is admitted that the person selected for that position has declared that she
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It is admitted that the person selected for that position had less experience as
an Assistant Principal than the Plaintiff, however, the person selected had more
School) than the Plaintiff, which is an inherent advantage in seeking this position.
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It is admitted that the Plaintiff filed an EEOC claim regarding the West Side
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denies.
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EEOC regarding the claim dated April 8, 2019, but shows that this letter concluded
that the EEOC “is unable to conclude that the information obtained establishes
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Defendant restates and incorporates the answers and responses set forth
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Complaint. In further response, Defendant admits that the Plaintiff has the degrees
and experience to be qualified for the two positions in question, but Defendant
states that other candidates who were eventually selected for the two positions
were more qualified based on their experience at the schools in question, based on
their knowledge of facts, issues and needs at the schools in question, and based in
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Complaint. In further response, Defendant denies that the hiring of the other two
the Plaintiff had been selected for a second interview, it is impossible to determine
whether he would have been selected for the jobs in question, as it would have
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Complaint. In further response, Defendant denies that the failure to hire other
discriminatory animus, and the Defendant shows that Plaintiff’s allegation to this
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illegitimate or pretextual.
SEVENTEENTH DEFENSE
Any and all allegations contained in the Complaint which Defendant has not
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denied;
Plaintiff has not alleged acts that meet the elements required to
(e) that Defendant receive a trial by jury on all appropriate issues; and
(f) that Defendant have such other and further relief as the Court deems
***
This certifies that the foregoing pleading was prepared with Times New
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CERTIFICATE OF SERVICE
and that I have this day served a copy of the within and foregoing Answer and
Complaint by using the CM/ECF system which will automatically send email