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UNITED STATE DISTRICT COURT 

DISTRICT OF NEW JERSEY

ASHLEY SIMMONS.,

 Plaintiff,

 vs.

HOMESTEAD POLICE DEPARTMENT;

Chief of Police ALEXANDER ROLLE; 

Captain EDILIA SURMAN,.

 Defendants.

CASE No.: 

CIVIL ACTION

COMPLAINT

By: Te D. Smith, Esq. (229812017)

Johnson & Associates, P.C. 

33 Wood Avenue South Suite 600

Iselin, NJ 08830

P: 848-229-2254

Attorney for Plaintiff, Ashley Simmons 

Plaintiff, ASHLEY SIMMONS, through her attorneys, Johnson & 

Associates, P.C. complaining of the Defendants sets forth and alleges as follows:

PRELIMINARY STATEMENT

1. This litigation arises from years of workplace harassment, discrimination, 

retaliation and the disparate treatment of Plaintiff a United States veteran and and 

former employee of Homestead Police Department.

2. Mrs. Simmons has followed the rules, procedures and protocol enacted by the 

department and has inevitably been mistreated for holding said Defendants 

accountable to the rules and regulation of the Homestead Department as well as 

state and federal laws. As a result of Defendants actions, Mrs. Simmons has been 

unfairly overlooked for applied for administrative position within the department

and has additionally been wrongfully terminated from her employment with the 
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department. These actions have caused Ms. Simmons economic harms and 

emotional distress approximately contributed to Defendants bad acts. 

THE PARTIES

I. Plaintiff, Ashley Simmons (“Simmons” or “Ms. Simmons” or “Plaintiff”) is a 

natural person domiciled in the State of New Jersey.

II. Defendant, Yonkers Public School District (“Yonkers” or “School District” or 

“School System” or “Defendant”) is a Public School District in the State of New 

York.

III. Defendant, Yonkers Public School District Board of Education (“Yonkers Board 

of Education” or “Board of Education” or “School Board” or “YBOE” or “BOE” 

or “Defendant”) is a board of trustee advisors for the Yonkers Public School 

District in the State of New York, comprised of natural citizens domiciled in the 

State of New York.

IV. Defendant, Alexander Rolle (“Chief Rolle” or “Mr. Rolle”) is a natural person 

who holds the Chief of Police position of the Homestead Florida Police 

Department, and is domiciled in the State of Florida. 

V. Defendant, Edilia Surman EDILIA SURMAN (“Surman” or “Captain Surman” or 

“Ms. Surman” or “Defendant”) is a natural person formerly employed by the 

Homestead Florida Police Department in the State of Florida

JURISDICTION AND VENUE

1. This court has proper jurisdiction over this action pursuant to 28 U.S.C 

§1332 Diversity Jurisdiction, as Plaintiff is a citizen of the State of New 

Jersey, while all Defendants are citizens of other states, furthermore the 
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controversy in this matter exceeds $75,000.00 exclusive of interest and 

cost, the sum specified by 28 U.S.C §1332.

2. Alternatively, this court has proper jurisdiction over this action pursuant to 

28 U.S.C §1331 Federal Question Jurisdiction, which this statute gives 

federal courts jurisdiction over such cases that arise under federal laws or 

the implication of federal policy. 

COUNT 1.

TITLE VII OF THE CIVIL RIGHTS ACT OF 1964,

“HOSTILE WORK ENVIRONMENT”

1. Plaintiff repeats and re-alleges all allegations set forth in the preceding paragraphs 

as if fully set forth herein.

2. Ms. Simmons was the Property Clerk for the Homestead Police Department.

3. As it is relevant to this case, Ms. Simmons is a African American woman

4. The Caesar Chavez School building principal is Defendant, Magdaline Delany

5. Ms. Simmons and Ms. Surman have worked together in this department for 

several years.

6. During this timeframe, Defendants have created a hostile work environment for 

Ms. Simmons. (EXHIBIT “A” U.S. Dep Ed)

7. Defendants displayed a lack of professional respect by publicly belittling and 

humiliating Ms. Simmons.

8. Defendants intentionally reprimanded Ms. Simmons for no cause in efforts to 

mentally and emotionally abuse her. (EXHIBIT “B” Teacher Evaluation) 

9. Ms. Simmons has been ordered by her superior to ignore situation were property 

or evidence endangerment has be discovered, other staff were not given such 

orders.
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10. Ms. Simmons has been called names that are insulting, offensive and defamatory 

to her character.

11. Ms. Delany purposely tampered with Ms. Simmons’s evaluation in an attempt to 

cause fear.

12. Ms. Simmons fears that non-compliance with Defendant’s request and demands 

will result in disciplinary action or termination.

13. Defendant constantly stated she would receive complaints about Ms. Simmons

from other staff and would reprimand Ms. Simmons openly and publically 

throughout the building.

14. Defendant would never give names as to who made complaints against Ms. 

Simmons, nor were complaints ever imputed into her employee file.

15. Ms. Simmons is the only African American clerk under Ms. Surman authority.

16. Defendant publically humiliates and divulges private and/or sensitive information 

about Ms. Simmons during interaction with other staff members.

17. Defendants purposefully targeted Ms. Simmons husband who also is a member of 

the Homestead Department in an attempt to force her to resign or retire.

WHEREFORE,	Plaintiff	demands	judgment	against	Defendants, HOMESTEAD	

POLICE	DEPARTMENT; Chief of Police ALEXANDER ROLLE; and Captain 

EDILIA SURMAN; in the form of permanent injunctive relief to prevent any further 

irreparable harm together with money damages assigned individually, jointly, 

severally, or in the alternative damages, treble damages, together with lawful interest, 

plus Plaintiffs’ reasonable attorney’s fees and litigation expenses as allowed by law, 

and for all other just and proper relief the court deems appropriate.

COUNT 2.
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TITLE VII OF THE CIVIL RIGHTS ACT OF 1964,

42 U.S.C. §2000d et seq.

1. Plaintiff repeats and re-alleges all allegations set forth in the preceding paragraphs 

as if fully set forth herein.

2. All Defendants of this matter in some form of another all receive financial 

benefits from monies traced back to Federal spending. 

3. As such the Defendants are State and Federal government actors.

4. Defendants singled out and targeted the Plaintiff for being an African-American, 

woman, and veteran. 

5. The Defendants used threats, harassment, and vested governmental powers to 

treat Plaintiff differently from other employees based on her race, color and 

religion.

6. Ms. Simmons was denied practices of reassignment offered to other employees 

who where similarly situated to her. 

7. Ms. Surman displayed favoritism towards other Spanish decent employees by reassigning the, to different position within the department instead of terminating 

their employment. 

8. Defendant withholds and/or delays providing Ms. Simmons with information 

needed to complete reports required by department.

WHEREFORE,	Plaintiff	demands	judgment	against	Defendants, HOMESTEAD	

POLICE	DEPARTMENT; Chief	of	Police	ALEXANDER	ROLLE;	and	Captain	EDILIA	

SURMAN;	in	the	form	of	permanent	injunctive	relief	to	prevent	any	further	

irreparable	harm	together	with	money	damages	assigned	individually,	jointly,	

severally,	or	in	the	alternative	damages,	treble	damages,	together	with	lawful	

interest,	plus	Plaintiffs’	reasonable	attorney’s	fees	and	litigation	expenses	as	
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allowed	by	law,	and	for	all	other	just	and	proper	relief	the	court deems	

appropriate.

JURY DEMAND

Pursuant to the Federal Rules of Civil Procedure Rule 38, Plaintiff demands a 

trial by jury on all triable issues raised in the various Counts of the Complaint. 

DESIGNATION OF TRIAL COUNSEL

Plaintiff hereby designates Te D. Smith, Esq., as trial counsel in this matter.

DATE: October 24, 2019

JOHNSON & ASSOICATES, PC

Attorney for Plaintiff

/s/Te D. Smith___

Te D. Smith, Esq.