IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDE DISTRICT OF ALABAMA 

EASTERN DIVISION 

BARBARA M. JEFFERS and JOAN K CRAIG ) 

 ) 

 Plaintiffs, ) 

 ) 

vs. ) CIVIL ACTION NO. 

3:06-cv-00685-CSC 

RUSSELL COUNTY BOARD OF ) 

EDUCATION and CHARLES NACRELLI ) 

 ) 

 Defendants ) 

ANSWER AND DEFENSES OF DEFENDANT

RUSSELL COUNTY BOARD OF EDUCATION

 COMES NOW the above-named Defendant, Russell County Board of 

Education, to answer the Plaintiffs’ Complaint, to deny the allegations of sexual 

harassment and assault and battery and vicarious liability and to set forth its 

defenses: 

FIRST DEFENSE

Responding to the numbered paragraphs of the Complaint in order, this 

Defendant states: 

I. JURISDICTION

 1. Defendant admits that Plaintiffs seek to invoke the jurisdiction of this 

Court pursuant to cited authority but denies that the Complaint states a cause of 

action over which this Court possesses jurisdiction. 

 2. Defendant admits that Plaintiffs seek to invoke the jurisdiction of this 

Court pursuant to cited authority but denies that the Complaint states a cause of 

action over which this Court possesses jurisdiction. 

 3. Denied. 

II. PARTIES

 4. Defendant admits that the Plaintiff Jeffers is a female, but is without 

knowledge or information to form a belief as to her current residency and status as 

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a citizen of the United States of America. Defendant admits that Plaintiff has been 

employed by Defendant as a counselor and that she is tenured. Defendant denies 

that Plaintiff was a victim of discriminatory treatment on her job 

 5. Defendant admits that the Plaintiff Craig is a female, but is without 

knowledge or information to form a belief as to her current residency and status as 

a citizen of the United States of America. Defendant admits that Plaintiff has been 

employed by Defendant as a support employee and that she is tenured. Defendant 

denies that Plaintiff was a victim of discriminatory treatment on her job 

 6. Defendant admits the allegations of the first 2 sentences. Defendant is 

without information or knowledge as to whether the alleged events occurred in 

Russell County. 

 7. Defendant denies that Charles Nacrelli was a supervisor at all times 

material to this Complaint. Defendant admits that Defendant Charles Nacrelli he 

male; that he was principal of Ladonia Elementary School fore a period of time ; 

and that while he was principal he was a supervisor of Plaintiff Jeffers. Defendant 

denies that Plaintiff Craig was supervised by Mr. Nacrelli. Mrs. Craig was 

supervised by the Transportation Supervisor, John Rudd. 

III. FACTUAL ALLEGATIONS

 8. Defendant admits that Plaintiff Jeffers has performed satisfactorily in 

her job as school counselor, but denies the use of the term “stellar.” 

 9. Defendant admits that Mr. Nacrelli was Plaintiff’s supervisor while 

serving as Principal, but denies that he was her supervisor while serving as 

assistant principal. 

10. Denied. 

11. Denied. 

12. Denied. 

 13. Denied 

 14. Denied. 

 15. Denied. 

16. Denied. 

17. Denied. 

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18. Denied. 

19. Denied. 

 20. Defendant denies that Plaintiff had previously reported the alleged 

sexual harassment. Defendant admits that Plaintiff Jeffers met with Dr. Lee on 

September 20, 2005, and reported, for the first time, her allegations of sexual 

harassment. 

 21. Defendant admits that Dr. Lee met with Mrs. Jeffers on September 20, 

2005, and that Dr. Lee promised to investigate Plaintiff’s allegations. Defendant 

denies the remaining allegations in paragraph 21. 

22. Admitted. 

23. Denied. 

24. Denied. 

25. Denied. 

26. Denied. 

27. Denied. 

28. Denied. 

29. Denied. 

30. Denied. 

31. Denied. 

32. Denied. 

33. Denied. 

34. Denied. 

35. Denied. 

36. Denied. 

37. Denied. 

38. Denied. 

39. Denied. 

40. Denied. 

41. Denied. 

42. Denied. 

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IV. CAUSES OF ACTION

COUNT ONE – TITLE VII HOSTILE 

ENVIRONMENT, SEXUAL HARASSMENT OF 

PLAINTIFF JEFFERS

43. Defendant has otherwise responded to these allegations. 

44. Denied. 

45. Denied 

46. Denied. 

47. Denied. 

48. Denied. 

49. Denied. 

50. Denied. 

COUNT TWO – TITLE VII TANGIBLE ACTION 

SEXUAL HARASSMENT OF PLAINTIFF JEFFERS

51. Defendant has otherwise responded to these allegations. 

52. Admitted. 

53. Denied. 

54. Denied. 

55. Denied. 

56. Denied. 

57. Denied. 

COUNT THREE – TITLE VII HOSTILE ENVIRONMENT 

SEXUAL HARASSMENT OF PLAINTIFF CRAIG

 58. Defendant has otherwise responded to these allegations 

 59. Admitted. 

 60. Denied. 

 61. Denied. 

 62. Denied. 

 63. Denied. 

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 64. Denied. 

 65. Denied. 

 66. Denied. 

COUNT FOUR – TITLE VII TANGIBLE ACTION 

SEXUAL HARASSMENT OF PLAINTIFF CRAIG

67. Defendant has otherwise responded to these allegations. 

68. Admitted. 

69. Denied. 

70. Denied. 

71. Denied. 

72. Denied. 

73. Denied. 

COUNT FIVE – ASSAULT & BATTERY/VICARIOUS LIABILITY 

AGAINST PLAINTIFF JEFFERS

74. Defendant has otherwise responded to these allegations. 

75. Admitted. 

76. Denied. 

77. Denied. 

78. Denied. 

79. Denied. 

COUNT SIX – ASSAULT & BATTERY/VICARIOUS LIABILITY 

AGAINST PLAINTIFF CRAIG

80. Defendant has otherwise responded to these allegations. 

81. Admitted. 

82. Denied. 

83. Denied. 

84. Denied. 

85. Denied. 

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COUNTS SEVEN, EIGHT, NINE AND TEN

Counts Seven, Eight, Nine and Ten consisting of paragraphs 86 through 

108 are alleged solely against the Defendant, Charles Nacrelli, and do not require a 

response from this Defendant. To the extent that any of these allegations should be 

construed to be against this Defendant, those allegations are denied. 

V. PRAYER FOR RELIEF

 Defendant denies the Prayer for Relief set forth in paragraphs 1, 2, 3, 4, 5 and 6. 

SECOND DEFENSE

 Defendant denies the material allegations of the Complaint; and in 

particular, Defendant denies that it guilty of the allegations by Plaintiffs as to 

sexual harassment, assault and battery and vicarious liability or that Defendant 

violated Plaintiffs’ constitutional or other legal rights in any form or fashion. 

 Defendants deny that Plaintiffs through their Complaint alleges facts 

which would entitle them to relief. 

THIRD DEFENSE

The Complaint fails to state facts sufficient to constitute a cause or 

 causes of action against this Defendant. 

 

 FOURTH DEFENSE

Plaintiffs are not entitled to relief pursuant to Title VII of the Civil Rights 

Act of 1964, or for any other federal or state, statutory or constitutional basis 

because the Plaintiffs were not subjected to the allegations made in their 

complaint. 

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FIFTH DEFENSE

 Counts One, Two, Three and Four are barred insofar as the alleged 

unlawful conduct occurred over 180 before the filing of a complaint or charge of 

discrimination by the Plaintiffs with the EEOC. 

. 

 SIXTH DEFENSE

Plaintiffs failed to present all of the allegations set forth in the Complaint 

to the Equal Employment Opportunity Commission, and therefore, have failed to 

exhaust their administrative remedies as required by law and are precluded from 

raising such new and unrelated issues for the first time in this action. 

 SEVENTH DEFENSE

Plaintiffs have and continue to have the ability and opportunity to mitigate 

the damages alleged, and they have failed to mitigate their damages. Plaintiffs are 

not entitled to damages as claimed. 

EIGHTH DEFENSE

 Defendant pleads the defense of absolute, sovereign immunity in defense 

of both the federal law and state law claims of Plaintiffs. 

NINTH DEFENSE

 Defendant denies any and all averments set forth in the Complaint that are 

not specifically admitted and demand strict proof thereof. 

TENTH DEFENSE

Plaintiffs’ requests for punitive damages are barred by the due process 

clauses of the United States Constitution and amendments thereto. 

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ELEVENTH DEFENSE

 Counts Five and Six are barred by the statute of limitations set forth in the 

Code of Alabama, federal law or any other applicable statute of limitations. 

 TWELFTH DEFENSE

 The Court lacks jurisdiction over Counts Five and Six for assault and 

 battery/vicarious liability under Alabama law and over any other claims for 

personal injuries pleaded in the Complaint because the Alabama State Board of 

Adjustment affords the exclusive remedy for the alleged injuries. 

THIRTEENTH DEFENSE

 Defendant is not liable for any damages resulting from the alleged sexual 

harassment of the Plaintiffs by Defendant because Defendant took immediate and 

effective remedial action upon being notified by Plaintiffs of the alleged 

harassment. 

 FOURTEENTH DEFENSE

 Defendant is not liable for any damages resulting from the alleged sexual 

harassment of the Plaintiffs because neither Plaintiff suffered any adverse tangible 

job action 

 

 WHEREFORE, having answered each allegation of the Complaint; 

denying all averments of sexual harassment; assault and battery; vicarious liability 

or violation of constitutional or other legal rights of the Plaintiffs; and having 

responded to each allegation of the Complaint, and having asserted affirmation 

defenses thereto, this Defendant respectfully requests that judgment be entered in 

its favor and that Plaintiffs take nothing by this complaint, and that Defendant 

have judgment for its cost of suit and reasonable attorney fees and any other 

further relief as this Court may deem proper. 

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 This the 30th day of August, 2006. 

 SMITH & SMITH, P.C. 

 /s/ Sydney S. Smith 

 Attorney for Russell County Board of 

 Education 

 1503 Broad Street 

 Phenix City, Alabama 36867 

 (334) 298-2679 

 SMI 078 

 ASB-4248-t82s 

CERTIFICATE OF SERVICE

 

 This is to certify that I have served a copy of the foregoing pleading upon counsel 

for Plaintiff by electronic filing. 

 W. Don Eddins 

 337 E. Magnolia Avenue, Suite 3 

 Auburn,AL 36830 

 This the 30th day of August, 2006. 

 

 /s/ Sydney S. Smith 

C-06-045.Answer.083006 

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