IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALBAMA

MONTGOMERY DIVISION

CAMELLIA THERAPEUTIC

FOSTER AGENCY, LLC

Plaintiff, Civil Action No.: 2.06cv735-MHT

Plaintiff Demands Trial By Jury

v.

THE ALABAMA DEPARTMENT

OF HUMAN RESOURCES,

Defendant.

AMENDED COMPLAINT

I. PRELIMINARY STATEMENT

I. This action seeks declaratory, injunctive, and equitable relief; compensatory and punitive

damages; and costs and attorney's fees for subjecting Plaintiff Camellia Therapeutic

Foster Agency, LLC, to racial discrimination regarding its participation in a federally

assisted program.

II. JURISDICTION

2. This action arises under the Fourteenth Amendment of the United States Constitution,

the Thirteenth Amendment of the United States Constitution, and Title VI of the Civil

Rights Act of 1964, 42 USC § 2000d et seq.

3. Jurisdiction of this Court is invoked pursuant to: Title 28, U.S.C., Section 1331 and

pendent jurisdiction to entertain all state law claims.

4. Costs and attorney fees may be awarded pursuant to Title 42 U.S.C., 1988 and Fed R Civ

P. 54.

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III. VENUE

5. This action properly lies in the Middle District of Alabama, Montgomery Division,

pursuant to 29 USC § 1391(b), because the claim arose in this judicial district, and

pursuant to 42 USC 2000d et seq., because the unlawful discrimination practices were

committed in this judicial district.

IV. THE PARTIES

6. Plaintiff, Camellia Therapeutic Foster Agency, LLC, is a federally funded minority

owned corporation organized under and pursuant to the laws of the State of Alabama,

with its principal place of business being located at 2310 Crawford Road, Suite 104, P.O.

Box 788, Phenix City, Alabama 36868.

7. Defendant, The Alabama Department of Human Resources, is a corporation organized

under and pursuant to the laws of the State of Alabama, with its principal place of

business being located at Gordon Persons Building, Suite 2104, 50 North Ripley Street,

Montgomery, Alabama 36130.

V. ALLEGATIONS OF FACTS

8. Plaintiff is a therapeutic and foster agency that contracted with more than seventy (70)

foster parents in the state of Alabama.

9. On or about February 28, 2005 Defendant issued Requests for Proposals (RFPs) to

Plaintiff and other foster care agencies.

10.In the RFPs, Defendant set out a scoring process with a maximum of 1000 points to be

earned by individual vendors. It did not indicate the points below which a vendor would

not be awarded a contract under the RFPs.

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11, Defendant set April 11, 2005 as the deadline for the the receipt of the RFPs.

12. Plaintiff submitted its answers to the RFPs by the April 11, 2005 deadline for the receipt

of proposals from vendors.

13. On or about May 12, 2005, Defendant published on its website a Notice of Intent to

Award Contracts. Plaintiff scored 753.3 and did not receive any contracts from Defendant

because the minimum score to receive a contract was 800.

14. Defendant failed to contact any of Plaintiffs references as stipulated in the "Basis of

Selection." That section was worth a total of fifty (50) points.

15. As a result, Plaintiff was not awarded any contracts and said contracts were awarded to

Caucasian owned agencies, causing a loss in federal funds.

16. Defendant graded Plaintiffs answers to the RFPs subjectively, causing a further loss in

points.

17. Plaintiff asked Defendant for a formal hearing to explain the deficiencies in the RFPs of

other vendors. Plaintiff was denied a hearing.

VI. COUNT ONE

(Race Discrimination and Due Process)

Plaintiff incorporates all previous paragraphs as if fully set out herein and further shows unto

this Honorable Court the following:

18. Defendant's action constitutes discrimination by reason of race in violation of Plaintiff's

rights guaranteed under the due process clause and property rights of the Fourteenth

Amendment, First Amendment to the Constitution of the United States, the Constitution

of the State of Alabama, 1901 and 42 U.S.C., Section 2000d, et seq, and the Thirteenth

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Amendment to the United States Constitution.

WHEREFORE THE PREMISES CONSIDERED, Plaintiff requests that the Court grant

judgment in favor of Plaintiff and award compensatory and punitive damages in the amount of

$500,000.00; plus costs, attorneys' fees, and any other amount to which Plaintiff may show

itself to be justly entitled.

VII. COUNT TWO

(Interference with an Existing Lawful Business)

Plaintiff incorporates all previous paragraphs as if fully set out herein and further shows unto

this Honorable Court the following:

19. Plaintiff was a lawfully operating therapeutic foster care business in the state of

Alabama.

20. Defendant was aware that Plaintiff was a lawful therapeutic and foster agency doing

business in Alabama.

21. On or about May 12, 2005, Defendant intentionally interfered with the lawful business of

the Plaintiff by discriminating against Plaintiff, not checking Plaintiffs references, and

taking Plaintiffs contracts and awarding them to Caucasian owned businesses that are not

licensed to operate in Alabama.

22. There is no justification for Defendant's interference with Plaintiffs lawful business.

21 As a result of said interference, Plaintiff was caused to suffer a loss of business relations.

WHEREFORE THE PREMISES CONSIDERED, Plaintiff requests that the Court grant

judgment in favor of Plaintiff and award compensatory and punitive damages in the amount of

$800,000.00; plus costs, attorneys' fees, and any other amount to which Plaintiff may show

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itself to be justly entitled.

VIII. COUNT THREE

(Interference with Contract Relations)

Plaintiff incorporates all previous paragraphs as it' fully set out herein and further shows unto

this Honorable Court the following:

24. Plaintiff had contracts with more than seventy (70) foster parents in the state of

Alabama.

25. Defendant knew that Plaintiff contracted with more than seventy (70) foster parents.

26. On or about May 12, 2005, Defendant intentionally interfered with the contracts of the

Plaintitrby discriminating against Plaintiff, not checking Plaintiffs references, and taking

Plaintiffs contracts and awarding them to Caucasian owned businesses that are not

licensed to operate in Alabama at the time they were awarded contracts by Defendant.

27. There is no justification for Defendant's interference with Plaintiffs contracts.

28. As a result of said interference, Plaintiff was caused to suffer a loss of contractual

relationships with said foster parents.

WHEREFORE THE PREMISES CONSIDERED, Plaintiff requests that the Court grant

judgment in favor of Plaintiff and award compensatory and punitive damages in the amount of

$650,000.00; plus costs, attorneys' fees, and any other amount to which Plaintiff may show

itself to be justly entitled.

IX. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that after a hearing hereon, the Court will:

I. Issue declaratory judgment stating that:

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1. The actions of Defendant in refusing to cheek Plaintiffs references and refusing to

renew Plaintiffs contracts due to his race constitute a violation of Plaintiffs rights, an

interference with a lawful business, and an interference with contractual relationships.

2. The actions of Defendant constitutes discrimination by reason of Plaintiffs race in

violation of Plaintiff's rights guaranteed under the Equal Protection Clause of the

Fourteenth Amendment to the Constitution of the United States, the Constitution of

the State of Alabama, 1901, and 42 U.S.C. Section 2000d, et. seq.

II. Enter mandatory, preliminary and permanent injunctions requiring Plaintiff to be awarded

its contracts that were intentionally taken away.

III. Enter an Order awarding Plaintiff punitive damages.

IV. Enter an Order awarding Plaintiff his costs incurred in this case, together with

reasonable attorneys' fee to be taxed as part of the costs against Defendants.

V. Grant such additional and further relief as the Court deems proper and just in the

premises.

X. JURY DEMAND

28. Plaintiff demands a trial by jury.

Respectfully submitted,

s/Dwayne L. Brown

Dwayne Brown (BRO149)

Attorney for Plaintiff

Of Counsel:

The Law Office of Dwayne L. Brown

Post Office Box 230205

Montgomery, AL 36123-0205

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Phone (334) 277-3757

Facsimile (334) 277-3613

DbrownAdbrownatty.com

CERTIFICATE OF SERVICE

This is to certify, that on September 26, 2006, a copy of the foregoing document was

electronically filed with the Clerk of Court using the CM/ECF system, which will send

notification of such filing to the following:

Troy King

Attorney General

11 South Union Street

Montgomery, AL 36130

Joel C. Marsh

Assistant Attorney General

State of Alabama

Department of Human Resources

Legal Office

Post Office Box 304000

Montgomery, AL 36130-4000

s/Dwayne L. Brown

Of Counsel

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