Case

10
11
12
13
14
15
16
17
18
r9
20
21
22

23

:06-cv-00700-WH FREEDOM COURT REPORTING Page 5 of 8

Page 1
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

CASE NUMBER: CV-06-00700-WHA

ELIZABETH LYNNE HUTCHISON,
Plaintiff, COPY
vs.

PHENIX CITY BOARD OF EDUCATION, ET AL.,

Defendants.

STIPULATION

IT IS STIPULATED AND AGREED by and
between the parties through their respective
counsel, that the deposition of Penny
Passmore may be taken before Sara Mahler,
CSR, at the offices of Raymond Jackson, at
2505 Crawford Road, Phenix City, Alabama

36867, on the 10th day of April, 2007.

DEPOSITION OF PENNY PASSMORE

367 VALLEY AVENUE
(205) 397-2397 BIRMINGHAM, ALABAMA 1-800-373-3660

EXHIBIT J



Case 3:06-cv-00700-W hip HED OAUCOFRT REPORTING Page Aes cee

Page 101

1 remember discussing it with her.

2 Q. Okay.

3 MR. WILSON: Let me take a

4 little break, and try to finish up here ina

5 little bit.

6 (Recess taken.)

7 Q. From the information you've
8 given me, the decision to nonrenew

9 Ms. Hutchison was made the next morning,

10 based on Mr. McCart being a threat. Is that

il accurate?
12 A. Yes, sir.
13 Q. Okay. If you'll look through

14 here, this Plaintiff's Exhibit 15, I

15 believe, it's the transcript, and tell me --
16 you said you looked at it, but take your

17 time and look at it, and tell me which

18 comments in here you found threatening or

19 loud?

20 A. Well, it was the tone. They
21 don't know me. I'm not a pushover like you.

22 I stand my ground, and I'll fight tooth and

23 nail.

367 VALLEY AVENUE
(205) 397-2397 BIRMINGHAM, ALABAMA 1-800-373-3660

EXHIBIT J



Case

10

11

12

13

14

15

16

17

18

19

20

21

22

23

:06-cv-00700-W. EREE DQM COURT REPORTING Page 4 of 8

Page 19

A. No.

Q. Do you remember the incident
where Ms. Hutchison cut her hand?

A. Yes.

Q. And we've established, I
believe, that was November 9th, 2004. Tell
me what you remember about that incident.

A. Brenda and I were in the
office, and Lynne come in. Her finger was
cut, and she said that Ms. Annie pulled -~
snatched the Saran Wrap from her hand, and
Brenda looked at it and took her downtown.

Q. Okay. You didn't go downtown
with them?

A. No, sir.

Q. Do you remember them coming
back that day?

A. Yes.

Q. And did she -- Do you remember
her finishing work that day?

A. I can't remember.

Q. And that was on November 9th.

November 10th, Ms. Densel said there was a

367 VALLEY AVENUE
(205) 397-2397 BIRMINGHAM, ALABAMA 1-800-373-3660

EXHIBIT |



ocumen

Cc 3:06-cv-00700-WHA-WC D t 3 Filed ORTING P
“see FREEDOM COURT REPO of sree

Page 98
1 saying that.
2 Q. Okay. On the last page, page
3 nine, Mr. Adams asked: What is her
4 complaint, sir? Mr. McCart replies: About
5 her treatment and abuse she's heard from the
6 other ladies over there. They're well aware
7 of what's been going on.
8 And then the meeting pretty
9 much ends. He says: She hasn't indicated

10 anything like that. He says: I think she

11 just did, sir. Do you remember the meeting
12 ending like that, or do you remember it

13 ending some other way?

14 A. I remember that he stood up
15 and pulled out a tape recorder and pushed
16 something down. That was the first I knew
17 of a tape recorder being in there. And I

18 assumed he turned it off at that point, but

19 he was angry.

20 Q. Do you remember any other

21 conversation that went on after that, or did
22 they walk out and leave?

23 A. There was conversation, but I

367 VALLEY AVENUE
(205) 397-2397 BIRMINGHAM, ALABAMA 1-800-373-3660

EXHIBIT J



Case 3:06-cv-00700-WHA-W.

10

li

12

13

14

15

16

17

18

19

20

21

22

23

See OO GER ESS ISNe pace 1 ofs

Page 1 |
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

CASE NUMBER: CV-06-00700-WHA

ELIZABETH LYNNE HUTCHISON, P-AYT\
COPY
Plaintiff,
vs.

PHENIX CITY BOARD OF EDUCATION, ET AL.,

Defendants.

STIPULATION
IT IS STIPULATED AND AGREED by and
between the parties through their respective

counsel, that the deposition of Paula
—

Pritchett may be taken before Sara Mahler,

CSR, at the offices of Raymond Jackson, at
2505 Crawford Road, Phenix City, Alabama

36867, on the 10th day of April, 2007.

DEPOSITION OF PAULA PRITCHETT

367 VALLEY AVENUE
(205) 397-2397 BIRMINGHAM, ALABAMA 1-800-373-3660

EXHIBIT |



Cc 3:06-cv-00700-WHA-WC D t 36 Filed 06/07/2007. Page7
ase 3:00-cv FREEDOM COURT REPORTING fesse

Page 99

1 don't remember what it was. He was upset.
2 Q. Do you remember if

3 Ms. Hutchison was at work the next day?

4 A. I don't know if she was at

5 work, but I believe she was -- Well, yeah,

6 she was.

7 Q. And did you go ask her if she
8 wanted to still file a formal complaint that
9 morning?

10 A. No, sir. Because I wasn't

i under the impression that she wouldn't be

12 giving us what he asked for. I thought it
13 was forthcoming.
14 Q. And did you discuss with her

1s anything about possibly transferring that

16 morning?

17 A. Huh-uh.

18 Q. Is that no?

13 A. No, sir.

20 Q. Were you aware at the time

21 this decision was made to nonrenew her, that
22 she was coming up on three years?

23 MS. SMITH: Object to the form

367 VALLEY AVENUE
(205) 397-2397 BIRMINGHAM, ALABAMA 1-800-373-3660

EXHIBIT J



Case 3-06-cv-00700-WH WE OM COURT REPORTING Page 2 of 8

10

11

12

13

14

15

16

17

18

19

20

21

22

23

Page 17
A. No, sir. No.
Q. Not at all?
A. I just -- No. Not really, no.
Q. Were you about to saying
something?
A. Well, I know Lynne's

complained some, but it was different
things. She complained not just
particularly to one person. It was just
different things.

OQ. Do you know who she complained
to?

A. She would just be out -- She
would just complain -- I mean, you could
hear her talking. You say: Lynne, what's
wrong? I'm just -- you know, mumbling under
her -- talking to herself more or less. And
then, she'd tell Brenda some things, you
know. Then, Brenda would tell her: Lynne,
do you want me to go out there? And she
said, no, no, no. No, Ms. Brenda.

Q. What kind of things, that
you're aware of?

367 VALLEY AVENUE
(205) 397-2397 BIRMINGHAM, ALABAMA 1-800-373-3660

EXHIBIT |



Case 3.06-cv-00700-wH HEP QM COURT REPORTING Page 3 of 8

10

11

12

13

14

15

16

17

18

19

20

21

22

23

Page 18 |
A. Like, filling the line. She'd

have to pick up the slack from somebody
else. She would say just different things.
I mean, nothing that I can remember.
Nothing that --

Q. Do you remember her ever
complaining about any of the other employees

picking on her?

A. No.

Q. Or giving her a hard time?

A. No.

Q. Have you ever heard any of the

employees at South Girard making any
comments about white trailer trash, or
anything like that?

A. No.

Q. Okay. If you'd just let me
finish before you --

A. Oh, I'm sorry.

Q. That's okay. No comments that
could be considered or construed racist in

any way? You've never heard any comments

like that?

367 VALLEY AVENUE
(205) 397-2397 BIRMINGHAM, ALABAMA 1-800-373-3660

EXHIBIT |