IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

ANGELA PRICE, )

)

Plaintiff, )

) Civil Action No.

vs. )

 ) 3:06-cv-742-MEF

ROANOKE CITY BOARD OF EDUCATION, )

Defendant.

______________________________________________________________________________

PLAINTIFF’S MOTION FOR LEAVE TO AMEND

Plaintiff moves the Court for leave to amend her pleadings by filing the attached amended

complaint. Pursuant to the Court’s Scheduling Order, plaintiff has until March 26, 2007 to amend

the pleadings.

Respectfully submitted,

s/ Adam M. Porter 

 Adam M. Porter 

Attorney for Plaintiff

Alabama Bar ID: ASB-2472-P75A

 2301 Morris Avenue, Suite 102

Birmingham, Alabama 35203

Phone: (205) 322-8999

Facsimile: (205) 322-8915

Email: adamporter@earthlink.net

CERTIFICATE OF SERVICE

I hereby certify that on March 26, 2007 I electronically filed the foregoing with the Clerk of

the Court using the CM/ECF system, which will send notification of such filing to Donald B.

Sweeney, Jr., Esq Bradley Arant Rose & White LLP One Federal Place 1819 Fifth Avenue North

Birmingham, AL 35203-2104 and that there are no non-CM/ECF participants in this case.

s/ Adam M. Porter 

Attorney for Plaintiff

Case 3:06-cv-00742-MEF-WC Document 9 Filed 03/26/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

ANGELA PRICE, )

)

Plaintiff, )

) Civil Action No.

vs. )

 ) 3:06-cv-742-MEF

ROANOKE CITY BOARD OF EDUCATION, )

Defendant.

________________________________________________________________________________

FIRST AMENDED COMPLAINT

I. JURISDICTION

1. This is a suit for relief from gender discrimination instituted pursuant to Title VII of the

Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et seq. The jurisdiction of this Court is

based on 28 U.S.C. §§1331 and 1343(4). 

2. Plaintiff Angela Price (“Plaintiff”) timely filed her sex discrimination charge with the

Equal Opportunity Commission within 180 days after the last discriminatory treatment. Plaintiff

further filed this suit within 90 days after receipt of her right-to-sue letter issued from the E.E.O.C.

II. PARTIES

3. Plaintiff is a female citizen of the United States over the age of nineteen and a resident

of Five Points, Chambers County, Alabama. 

4. Defendant Roanoke City Board of Education (“Defendant”) is governmental entity

located in Roanoke, Randolph County, Alabama and is an employer as that term is contemplated

under Title VII. 

Case 3:06-cv-00742-MEF-WC Document 9-3 Filed 03/26/2007 Page 1 of 6
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III. BACKGROUND

5. Paragraphs 1-4 above are incorporated by reference.

6. Plaintiff is female.

7. Plaintiff became employed by Defendant in 1996. 

8. Plaintiff is a crossing guard at Handley Middle School in Roanoke, which is operated by

Defendant. 

9. Jerrell Cottle is a crossing guard at Handley Middle School and an employee of

Defendant. 

10. Cottle is male.

11. Beginning with the start of the school year of 2003-2004, Plaintiff was subjected to

sexual harassment by Cottle. 

12. The harassment occurred through that school year, the school year of 2004-2005, and

the fall semester of 2005 until October, approximately one month after Plaintiff filed her EEOC

charge.

13. Cottle frequently remarked on Plaintiff’s appearance, such as telling her she is pretty and

saying “You look good enough to eat this morning.”

14. Cottle further frequently asked Plaintiff to go out with him and to “go with” him. 

15. Cottle further touched Plaintiff on the cheek, shoulder and hand. 

16. Cottle’s harassment of Plaintiff occurred on a daily basis. 

17. The harassment was very upsetting and distracting to Plaintiff.

18. The harassment further caused Plaintiff to lose satisfaction and enjoyment in her job and

made her not want to come to work.

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19. Further, whereas Plaintiff had been coming to work about fifteen minutes before her

scheduled work time started, after the harassment began she started coming in just before her

scheduled start time to try to avoid Cottle. 

20. Plaintiff’s coming to work closer to her start time caused her to be in a rush to get to her

post.

21. Plaintiff complained to teachers at the school, the secretary, the counselor, and the

assistant principal about the harassment.

22. However, nothing was done about it until Plaintiff filed her EEOC charge.

23. Plaintiff further made efforts to obtain an employee handbook because she had no

information as to any policy or reporting procedure of defendant regarding sexual harassment.

24. Plaintiff called the high school for a copy.

25. However, she was not able to get one as the copy there was reportedly packed up in an

unknown location. 

26. Plaintiff also called Defendant’s central office and asked for a copy.

27. However, she was not able to get one as the copy there was reportedly taken apart at the

time due to pending revisions.

IV. CAUSES OF ACTION 

COUNT I

TITLE VII

28. Paragraphs 1-27 above are incorporated by reference.

29. Defendant violated Plaintiff’s rights under Title VII by subjecting her to sexual

harassment. 

Case 3:06-cv-00742-MEF-WC Document 9-3 Filed 03/26/2007 Page 3 of 6
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30. As a result of the harassment, Plaintiff has been made to suffer emotional distress and

mental anguish.

WHEREFORE, these premises considered, Plaintiff respectfully requests the following:

(i) That the Court issue an Order declaring that Defendant’s acts as described herein violated

Title VII; 

(ii) That the Court grant Plaintiff a permanent injunction enjoining Defendant, and its agents,

employees, successors, and those acting in concert with Defendant from continuing to violate Title

VII; 

(iii) That the Court enter an Order requiring Defendant to pay Plaintiff compensatory

damages as a jury may assess;

(iv) That the Court award such other legal and equitable relief as justice requires, including,

but not limited to, an award of costs, attorney's fees, expert witness fees, and expenses.

COUNT II

42 U.S.C. §1983- SEXUAL HARASSMENT

31. Paragraphs 1-30 are incorporated by reference.

32. Defendant violated Plaintiff’s equal protection rights under the Fifth and Fourteenth

Amendments to the United States Constitution by subjecting her to sexual harassment, which

constituted a hostile work environment.

33. Defendant is responsible for the sexual harassment because (a) the harassment was so

permanent and well settled as to constitute a custom or usage, and/or (b) Defendant tacitly authorized

the harassment and/or displayed deliberate indifference towards it. 

Case 3:06-cv-00742-MEF-WC Document 9-3 Filed 03/26/2007 Page 4 of 6
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34. As a result of the above described discriminatory act, Plaintiff has been made to suffer

mental anguish and emotional distress.

WHEREFORE, these premises considered, Plaintiff respectfully requests the following:

(i) That the Court issue an Order declaring that Defendant’s actions as described herein

violate §1983; 

(ii) That the Court grant Plaintiff a permanent injunction enjoining Defendant, and its agents,

employees, successors, and those acting in concert with Defendant from continuing to violate §1983;

(iii) That the Court enter an Order requiring Defendant to make Plaintiff whole by ordering

Defendant to pay compensatory damages as a jury may assess;

(iv) That the Court award such other legal and equitable relief as justice requires, including,

but not limited to, an award of costs, attorney’s fees and expenses.

Respectfully submitted,

s/ Adam M. Porter 

 Adam M. Porter 

Attorney for Plaintiff

2301 Morris Avenue, Suite 102

Birmingham, Alabama 35203

Phone: (205) 322-8999

Facsimile: (205) 322-8915

Email: adamporter@earthlink.net

Plaintiff requests trial by struck jury.

s/ Adam M. Porter 

Attorney for Plaintiff

Case 3:06-cv-00742-MEF-WC Document 9-3 Filed 03/26/2007 Page 5 of 6
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CERTIFICATE OF SERVICE

I hereby certify that on March 27, 2007 I electronically filed the foregoing with the Clerk of

the Court using the CM/ECF system, which will send notification of such filing to Donald B.

Sweeney, Jr., Esq Bradley Arant Rose & White LLP One Federal Place 1819 Fifth Avenue North

Birmingham, AL 35203-2104 and that there are no non-CM/ECF participants in this case.

s/ Adam M. Porter 

Attorney for Plaintiff

Case 3:06-cv-00742-MEF-WC Document 9-3 Filed 03/26/2007 Page 6 of 6