IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDE DISTRICT OF ALABAMA 

EASTERN DIVISION (OPELIKA) 

ELIZABETH LYNNE HUTCHINSON ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO. 

3:06-cv-00700-WHA-VPM 

THE PHENIX CITY BOARD OF ) 

EDUCATION ) 

 ) 

 Defendant. ) 

ANSWER AND DEFENSES OF DEFENDANT 

PHENIX CITY BOARD OF EDUCATION

 COMES NOW the above-named Defendant to answer the complaint, to deny the 

allegations of discrimination and retaliation 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 Plaintiff seeks to invoke the jurisdiction of this Court 

pursuant to cited authority. 

 2. Admitted. 

II. PARTIES

 3. Defendant admits that the Plaintiff is a white, 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 had been 

employed by Defendant prior to her non-renewal. 

4. Admitted. 

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III. STATEOF FACTS

6. Defendant has otherwise responded to these allegations. 

7. Denied. 

8. Admitted. 

9. Admitted. 

 10. Defendant admits that Plaintiff was assigned to South Girard Junior High 

School, but denies that she had “tenure” if that is Plaintiff’s intention by the use of the 

word. 

 11. Admitted. 

 12. Denied. 

13. Denied. 

14. Denied. 

15. Denied. 

16. Denied. 

17. Denied. 

18. Denied. 

19. Denied. 

20. Denied. 

21. Denied. 

IV. CAUSES OF ACTION

A. CLAIM ONE – RACE DISCRIMINTAION

22. Defendant has otherwise responded to these allegations. 

23. Denied. 

24. Denied. 

25. Denied. 

26. Denied. 

27. Denied. 

28. Denied. 

 B. CLAIM TWO - RETALIATION

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29. Defendant has otherwise responded to these allegations. 

30. Denied. 

31. Denied. 

32. Denied. 

33. Denied. 

34. Denied. 

35. Denied. 

V. PRAYER FOR RELIEF

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

SECOND DEFENSE

 Defendant denies the material allegations of the complaint; and in particular, 

Defendant denies that it discriminated against Plaintiff because of her race or retaliated 

against her or that Defendant violated Plaintiff’s constitutional or other legal rights in any 

form or fashion. 

 Defendants deny that Plaintiff through her complaint alleges facts which would 

entitle her to relief. 

THIRD DEFENSE

The Complaint fails to state a cause of action against this Defendant upon which 

relief can be granted 

 

FOURTH DEFENSE

Plaintiff is not entitled to relief pursuant to Title VII of the Civil Rights Act of 

1964, or for any other federal, statutory or constitutional basis because the Plaintiff was 

non-renewed for legitimate, nondiscriminatory reasons. 

FIFTH DEFENSE

Title VII Exclusive Relief

Plaintiff’s 42 U.S.C. § 1981 claim is barred because Title VII provides the 

Plaintiff’s exclusive potential remedy. 

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SIXTH DEFENSE

Failure to Present Allegation to EEOC

Plaintiff failed to present all of the allegations set forth in the complaint to the 

Equal Employment Opportunity Commission, and therefore, has failed to exhaust her 

administrative remedies as required by law and is precluded from raising such new and 

unrelated issues for the first time in this action. 

SEVENTH DEFENSE

Failure to Mitigate Damages

Plaintiff has and continues to have the ability and opportunity to mitigate the 

damages alleged, and she has failed to mitigate her damages. Plaintiff is not entitled to 

damages as claimed. 

TENTH DEFENSE

 Defendant pleads the defense of absolute, sovereign immunity. 

TWELFTH DEFENSE

 Defendant denies any and all averments set forth in the complaint that are not 

specifically admitted and demand strict proof thereof. 

THIRTEENTH DEFENSE

 

Plaintiff's request for punitive damages is barred by the due process clauses of the 

 United States Constitution and amendments thereto. 

 

 WHEREFORE, having answered each allegation of the complaint denying all 

averments of discrimination or retaliation or violation of constitutional or other legal 

rights of the Plaintiff, and having responded to each allegation of the complaint, and 

having asserted affirmation defenses thereto, the Defendant respectfully requests that 

judgment be entered in its favor and that Plaintiff 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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Case 3:06-cv-00700-WHA-WC Document 5 Filed 08/28/2006 Page 4 of 5
 This the 28th day of August, 2006. 

 SMITH & SMITH, P.C. 

 /s/ Sydney S. Smith 

 Attorney for Phenix City 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. 

 Rocco Calamusa, Jr., Esq. 

 Benjamin J. De Gweek, Esq. 

 WIGGINS, CHILDS, QUINN & PANTAZIS, LLC 

 The Kress Building 

 301 19th Street North 

 Birmingham, AL 35203 

 

 This the 28th day of August, 2006. 

 

 /s/Sydney S. Smith 

C-06-042Answer082806 

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