Dallas Complaint

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF AMERICA, Plaintiff
v.
CITY OF DALLAS, TEXAS, Defendant
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, the United States of America, alleges:
1. This action is brought on behalf of the United States to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.
2. This Court has jurisdiction of the action under 42 U.S.C. § 2000e-5(f) and 28 U.S.C. § 1345.
3. Defendant City of Dallas, Texas, is a political subdivision of the State of Texas, created pursuant to the laws of the State of Texas.
4. Defendant City of Dallas, Texas, is a person within the meaning of 42 U.S.C. § 2000e(a) and an employer within the meaning of 42 U.S.C. § 2000e(b).
5. Defendant City of Dallas, Texas, has retaliated against Lee A. Bush, in violation of § 704(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-3(a), among other ways, by:
(a) failing or refusing to grant Mr. Bush a promotion to the rank of sergeant with the City of Dallas Police Department because he opposed practices he reasonably believed to be unlawful under Title VII; and
(b) failing or refusing to take appropriate action to remedy the effects of the retaliation against Mr. Bush.
6. Lee A. Bush timely filed two charges with the Equal Employment Opportunity Commission (EEOC), EEOC Charge Nos. 310-98-3049 and 310-98-0226, alleging that because of his race, Black, and in retaliation against him for previously filing charges of discrimination with the EEOC and raising an internal grievance alleging race discrimination in the City of Dallas Police Department, he was subjected to adverse personnel actions, suspended for two days, and denied a promotion to the rank of sergeant in the City of Dallas Police Department. Pursuant to § 706 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5, the EEOC investigated EEOC Charge No. 310-98-3049 and EEOC Charge No. 310-98-0226, and with respect to each charge of discrimination, separately found reason to believe that violations of Title VII of the Civil Rights Act of 1964 had occurred. The EEOC attempted unsuccessfully to conciliate the charges of discrimination through voluntary resolution and subsequently referred the charges of discrimination to the Department of Justice.
7. All conditions precedent to the filing of this suit have been performed or have occurred.
WHEREFORE, plaintiff prays that the Court grant the following relief:

http://www.usdoj.gov/crt/emp/documents/dallas.htm

8/13/2007

Dallas Complaint

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(a) Enjoin the defendant from failing or refusing to:
(i) provide sufficient remedial relief to make whole Lee A. Bush for the loss he has suffered as a result of the retaliation against him as alleged in this complaint; and
(ii) take other appropriate nondiscriminatory measures to overcome the effects of the retaliation.
(b) Award compensatory damages to Lee A. Bush as would fully compensate him for injuries caused by the defendant's unlawful conduct, pursuant to and within the statutory limitations of § 102 of the Civil Rights Act of 1991, 42 U.S.C. p>§ 1981a.
(c) Award such additional relief as justice may require, together with plaintiff's costs and disbursements in this action.
JURY DEMAND
The United States hereby demands a trial by jury of all issues so triable pursuant to Rule 38 of the Federal Rules of Civil Procedure and § 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
JANET RENO Attorney General
BILL LANN LEE Acting Assistant Attorney General Civil Rights Division
PAUL E. COGGINS United States Attorney Northern District of Texas
BARBARA J. MEACHAM Ohio Bar No. 0027844 Texas Bar No. 13877700 (Inactive)
MARYBETH MARTIN U. S. Department of Justice Civil Rights Division Employment Litigation Section 601 D Street N. W., Room 4500 Washington, D. C. 20004 (202) 616-9614 (telephone) (202) 514-1005 (fax)

http://www.usdoj.gov/crt/emp/documents/dallas.htm

8/13/2007

 
 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v. CITY OF DALLAS, TEXAS,
Defendant.

CASE NO. 3:99-CV-2376~~

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ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO CONSOLIDATE

CAME ON FOR CONSIDERATION the unopposed motion of Plaintiff to consolidate two related cases arising out of the same set of facts. Upon consideration of the grounds advanced therefore, the motion is well-taken and the Court is of the opinion that the motion should be, and it is hereby, GRANTED. Accordingly,
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the case of United States v. City of Dallas, 3:99-CV-2376-T, is hereby consolidated with the earlier-filed related case styled and numbered Lee A. Bush v. City of Dallas. et al., 3:98-CV-0365-H.

r. SIGNED ON THIS c15 day of __(}__C____________ , 1999.

BAREFOO SANDERS UNITED STATES DISTRICT JUDGE

 
 KAPLAN, MEMBER
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:99-cv-02376

USA v. City of Dallas Texas Assigned to: Judge Barefoot Sanders Demand: $0 Cause: 42:2000 Job Discrimination (Race)

Date Filed: 10/19/1999 Date Terminated: 10/25/1999 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff USA

represented by Barbara J Meacham US Attorney's Office Civil Rights Div/Emp Lit Section PO Box 65968 Washington, DC 20035-5968 202/353-1929 Fax: 202/514-1005 FAX LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant City of Dallas Texas

represented by Melissa M Fletcher Godwin Pappas Langley Ronquillo - Dallas 1201 Elm St Suite 1700 Dallas, TX 75270-2084 214/939-4812 Fax: 214/760-7332 FAX LEAD ATTORNEY ATTORNEY TO BE NOTICED
Janice Smith Moss Dallas City Attorney's Office Dallas City Hall 1500 Marilla St

7th Floor Dallas, TX 75201 214/670-3505 Fax: 214/670-0622 FAX Email: janice.moss@dallascityhall.com

Date Filed 10/19/1999 10/19/1999 10/19/1999 10/19/1999 10/21/1999 10/21/1999 10/22/1999
10/25/1999
10/25/1999 10/25/1999 10/28/1999
06/30/2000

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Docket Text

1 COMPLAINT filed; (4) (alh) (Entered: 10/20/1999)

1 DEMAND for jury trial by plaintiff USA (4) (alh) (Entered: 10/20/1999)

PRELIMINARY ASSIGNMENT TO Magistrate Judge Jeff Kaplan (alh) (Entered: 10/20/1999)

2 SUMMONS(ES) issued for defendant City of Dallas Texas (ISS-1) (alh) (Entered: 10/20/1999)

3 Unopposed MOTION by plaintiff USA to transfer for possible consolidation (4) (alh) (Entered: 10/22/1999)

4 MEMORANDUM by plaintiff USA in support of [3-1] motion to consolidate (15+) (alh) (Entered: 10/22/1999)

5 ORDER OF TRANSFER/REASSIGNING CASE to Senior Judge Barefoot Sanders for possible consolidation w/3:98CV365-H. All subsequent filings should be filed in 3:99CV2376-H. (signed by RBM) Copies to counsel: 10.25.99 Page(s): 1 (alh) (Entered: 10/25/1999)

6 ORDER granting [3-1] motion to transfer for possible consolidation; Ordered that 3:99cv2376-H is consoldiated with 3:98cv0365-H ( signed by Judge Sanders) Copies to counsel: 10.25.99 Page(s) 1 (mlh) Modified on 11/02/1999 (Entered: 10/25/1999)

Case closed (mlh) (Entered: 10/25/1999)

Consolidated Member Case . Lead Case Number: 3:98cv0365-H (mlh) (Entered: 11/02/1999)

7 ANSWER to Complaint & Affirmative Defenses by defendant City of Dallas Texas (Attorney Melissa M Morales, Janice Smith Moss), (9) (alh) (Entered: 10/29/1999)

8 REQUEST/MOTION by plaintiff USA to dismiss (3) (vdf)

06/30/2000

(Entered: 06/30/2000)
9 ORDER granting [8-1] motion to dismiss.. This case is dismissed with prejudice, and each party shall bear its own costs and attorneys' fees. ( signed by Judge Sanders) Copies to counsel: 07/05/00 Page(s) 1 (vdf) (Entered: 07/05/2000)