Case 1:11-cv-00553-CCB Document 2

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CO .,. THE UNITED STATES DISTRICT C2)IDftcT OF I~Ai('f~~;i; FOR THE DISTRICT OF MARYLAND .)
.J.

D,'STRICT

FILED

ZOIl MAR - 2 P /2:4 1 C~Er.". OFFlcr

ARLENE C. MOORE 3420 SHREWSBURY ROAD ABINGDON, MD 21009 Plaintiff,
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I\T [(,crl':--l ~~

v.
MARYLAND DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES PATUXENT INSTITUTION 7555 WATERLOO ROAD JESSUP, MARYLAND 20794 Defendant.

Civil Action No.

COMPLAINT COMES NOW Plaintiff, Arlene Moore and states as follows: Ms. Moore had been a correctional officer at Patuxent Institution for 17 years. Ms. Moore is a forty one (41) year old African American woman. In November 2009, Ms. Moore went out on medical leave after being diagnosed with breast cancer. While undergoing treatment, Ms. Moore contacted Patuxent Institution on a weekly basis to inform them of her status. On August 5, 2010, Ms. Moore informed Patuxent Institution that her doctor had cleared her to return to work. However, on August 9, 2010, Ms. Moore was notified that she had been terminated effective August 4,2010.

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EXHAUSTION OF ADMINISTRATIVE

REMEDIES

1. The Plaintiff timely filed a complaint with the Equal Employment Opportunity Commission (EEOC), Case No. 531-2010-01939. 2. The Plaintiff alleges a violation of the Americans with Disability Act (ADA) due to breast cancer. EEOC issued a Right to Sue letter on February 15,2011. JURISDICTION AND VENUE

3. This is an action for declaratory relief; injunctive relief, damages and to secure protection of and to redress deprivation of rights secured by the Americans with Disability Act of 1990, as amended. 4. This is an action for declaratory relief; injunctive relief, damages and to secure protection of and to redress deprivation of rights secured by Section 504 of the 1973 Rehabilitation Act, Pub. L. No. 93-112, 87 Stat. 394 (Sept. 26, 1973), codified at 29 U.S.C. ~ 701 et seq., The federal government has provided Maryland's Department of Public Safety and Correctional Services with grants under the American Recovery and Reinvestment Act of 2009. 5. Venue is proper in the under 28 U.S.C. ~ 1391(b) and 42 U.S.C. ~ 2000e-5(t)(3). PARTIES 6. Arlene Moore was employed as a correctional officer by Patuxent Institution, located in Jessup, Maryland. 7. Patuxent Institution is correctional facility that is located in Jessup, Maryland. CLAIM FOR RELIEF 8. Ms. Moore joined Patuxent Institution as a correctional officer in July 1993.

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9. For seventeen (17) years, Ms. Moore has been well liked by her colleague and has consistently received satisfactory job performance evaluations. 10. In October 2009, Ms. Moore was diagnosed with Stage III breast cancer. 11. On November 15,2009, Ms. Moore went on medical leave to receive cancer treatment. 12. Ms. Moore's cancer treatment included a mastectomy and radiation. 13. By December 2009, Ms. Moore exhausted all of her medical leave. 14. Ms. Moore applied for and received unpaid leave under the Family Medical Leave Act (FMLA). 15. Ms. Moore also received donated leave from employees of the Maryland Department of Corrections. 16. Ms. Moore received enough donated leave to take her through June 29, 2010. 17. Electra Davis, director of Patuxent Institution's Human Resources department, urged Ms. Moore to apply for medical disability retirement. 18. Ms. Moore rejected Ms. Davis' suggestion. 19. Ms. Moore informed Ms. Davis that she expected to return to work upon completion of her treatment. 20. On August 4,2010, Ms. Davis told Ms. Moore that she would be placed on unpaid medical leave. 21. Ms. Moore learned that Ms. Davis was no longer allowing employees to donate leave to Ms. Moore. 22. On August 5, 2010, Ms. Moore received clearance from her doctor to return to work.

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23. That day, Ms. Moore infonned Patuxent Institution that she could return to work on August 13,2010. 24. However, on August 9, 2010, Ms. Moore was infonned by Patuxent Institution's HR department that she had been tenninated, effective August 4,2010. 25. Ms. Moore would have to re-apply for a position through the Maryland Department of Corrections' Central Hiring office. 26. Ms. Moore proceeded to re-apply the position of correctional officer through the Department of Corrections' Central Hiring office. 27. In the meantime, due to her termination, Ms. Moore was able to apply for and receive unemploYment benefits. 28. In December 2010, the Maryland Department of Corrections offered Ms. Moore a correctional officer position at another correctional facility. 29. Ms. Moore reluctantly accepted the position. 30. Ms. Moore wishes to return to Patuxent Institution, where she worked as a correctional officer for seventeen (17) years. Count I 31. The Maryland Department of Corrections violated Ms. Moore's rights under the Americans with Disability Act of 1990 when it failed to reinstate her in August 2010 after she received clearance to return to work from her doctor. Under the ADA, Ms. Moore should have been immediately reinstated by the Maryland Department of Corrections. Count II

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32. The Maryland Department of Corrections violated Ms. Moore's rights under Section 504 of the 1973 Rehabilitation Act, Pub. L. No. 93-112, 87 Stat. 394 (Sept. 26, 1973), codified at 29 U.S.C. ~ 701 et seq. when it failed to reinstate her in August 2010 after she received clearance to return to work from her doctor. Emotional Pain and Suffering 33. The Maryland Department of Corrections terminated Ms. Moore after seventeen (17) years of service. 34. Ms. Moore had undergone eight months of cancer treatment and had just been cleared by her doctor to return to work. 35. Ms. Moore experienced anxiety and depression. 36. Ms. Moore continues to experience emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other pecuniary and non pecuniary losses. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully prays this court: (a) Issue a declaratory judgment that Defendants acts, polices, practices and procedures complained of herein-violated Plaintiffs rights as secured by the Americans with Disability Act and Section 504 of the 1973 Rehabilitation Act, and Order Defendant to make whole Plaintiff who has been adversely affected by the policies and practices described herein in an amount to be shown at trial and other affirmative relief, and (b) Retain jurisdiction over this action to assure full compliance with the orders of the court and with applicable law and require defendant to file such reports as

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the court deems necessary to evaluate compliance; and (c) To award her reasonable attorney's fees and costs of this action; and (d) Reinstate her to her former position with back pay; and (e) Award Plaintiff compensatory damages, such as, emotional pain and suffering, specifically embarrassment, humiliation, stress, anxiety, and inconvenience; loss pay, and (f) Grant such additional relief as the court deems just and proper; and WHEREFORE, the premises considered, the Plaintiff demands judgment against the Defendant in the amount of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00). JURY DEMAND Plaintiff demands a trial by jury. Respectfully submitted,

Bryan A. Chapman Bar #01 274 Law Office of Bryan A. Chapman 325 Pennsylvania Avenue, S.E. Washington, D.C. 20003 (202) 558-6168 Attorney for the Plaintiff