IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

EASTERN DIVISION 

ANGELA PRICE, 

 Plaintiff, 

v. 

ROANOKE CITY BOARD OF 

EDUCATION, 

 Defendant. 

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CIVIL ACTION NUMBER: 

3:06-cv-742-VPM 

ANSWER TO AMENDED COMPLAINT

Comes now the Defendant and for answer to Plaintiff’s Amended 

Complaint states as follows: 

General Denial

Defendant Roanoke City Board of Education (hereinafter referred to 

as “Board” or “Defendant”) denies the allegations that it, singularly or collectively, 

deprived Plaintiff of any legal right, and asserts that Plaintiff is not entitled to any 

relief as requested in the complaint, amended complaint or otherwise. 

Case 3:06-cv-00742-MEF-WC Document 14 Filed 06/13/2007 Page 1 of 10
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AFFIRMATIVE DEFENSES

FIRST DEFENSE

 The material allegations of Plaintiff’s amended complaint are denied. 

SECOND DEFENSE

 The amended complaint fails to state a claim upon the Defendant 

upon which relief can be granted. This Defendant, protected against action in tort 

by governmental immunity, is not liable for the tort actions alleged beyond the line 

and scope of an employee’s duties and responsibilities. 

THIRD DEFENSE

 The amended complaint fails to allege facts which constitute a cause 

of action under the federal statutes. 

FOURTH DEFENSE

 Defendant asserts that the applicable statute of limitation bars this 

cause of action. 

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FIFTH DEFENSE

To the extent that Plaintiff raises issues in the Amended complaint 

which are not like or related to the Charge of Discrimination she filed with the 

Equal Employment Opportunity Commission, she cannot pursue such issues in this 

action. 

SIXTH DEFENSE

To the extent Plaintiff attempts to raise claims regarding acts or 

omissions more than 180 days prior to the filing of Plaintiff’s Charge of 

Discrimination with the EEOC, such complaints are barred by Plaintiff’s failure to 

file a timely charge as to such matters. 

SEVENTH DEFENSE

Plaintiff has not received a Notice of Right to Sue, her claims are 

untimely. 

EIGHTH DEFENSE

 The Plaintiff has failed to take necessary and appropriate steps to 

prevent or mitigate the misconduct alleged. 

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NINTH DEFENSE

 Defendant denies that it violated Plaintiff’s rights under 42 U.S.C. 

§ 2000e, et seq.

TENTH DEFENSE

 Defendant asserts the defense of governmental immunity as a bar to 

recovery concerning the state causes of action. In particular, matters involving 

discretionary conduct such as supervisory action are subject to the defense of 

governmental immunity. 

ELEVENTH DEFENSE

 The school district is a political subdivision of the State of Alabama 

and operates pursuant to the general laws of the state. As such, Defendant is 

protected from suits grounded in negligence by the doctrine of governmental 

immunity. Defendant claims the affirmative defense of governmental immunity. 

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TWELFTH DEFENSE

 Compensatory damages are not available against school districts or 

this Defendant and Defendant denies that Plaintiff is entitled to compensatory 

damages. 

SPECIFIC ANSWERS TO PARAGRAPHS OF THE AMENDED COMPLAINT

 Defendant, in response to the specific allegations raised in Plaintiff’s 

Complaint, states in seriatim as follows: 

 1. Jurisdiction: Defendant admits that this Court has jurisdiction to 

adjudicate matters properly invoking the statutes referenced, but denies that 

jurisdiction is properly invoked by the facts of this case. Defendant denies that 

Plaintiff is entitled to the relief sought. 

 2. Defendant denies that Plaintiff filed this suit within 90 days 

after receipt of her notice of right to sue letter. To Defendant’s knowledge, 

Plaintiff has not been issued a notice of right to sue and therefore her complaint is 

untimely. 

 3. Parties: Defendant admits the allegations regarding age and 

residence of the Plaintiff. 

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 4. Admitted. 

 5. Paragraphs 1 through 4 of this answer are incorporated by 

reference. 

6. Admitted. 

7. Admitted. 

8. Admitted. 

9. Admitted. 

10. Admitted. 

11. Denied. 

12. Denied. 

13. Denied. 

14. Denied. 

15. Denied. 

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16. Denied. 

17. Defendant denies that Plaintiff suffered harassment and 

Defendant can neither admit nor deny the remaining allegation and demands strict 

proof thereof. 

18. Defendant denies that Plaintiff suffered harassment and 

Defendant can neither admit nor deny the remaining allegation and demands strict 

proof thereof. 

19. Defendant denies that Plaintiff suffered harassment and 

Defendant can neither admit nor deny the remaining allegation and demands strict 

proof thereof. 

20. Defendant can neither admit nor deny and demands strict proof 

thereof. 

21. Denied. 

22. Denied. 

23. Denied. 

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24. Defendant can neither admit nor deny the allegation in this 

paragraph and demands strict proof thereof. 

25. Defendant can neither admit nor deny the allegation in this 

paragraph and demands strict proof thereof. 

26. Admitted. 

27. Admitted that at the time Plaintiff asked the central office for a 

copy the policy manual was being revised. Plaintiff was told copies were available 

in the school libraries and at the schools. 

28. Defendant incorporates by reference paragraphs 1 through 27 as 

if fully set forth. 

29. Denied. 

30. Denied. 

31. No response required. 

32. Defendant denies each and every allegation of paragraph 32 of 

Plaintiff’s Amended Complaint. 

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33. Defendant denies each and every allegation of paragraph 33of 

Plaintiff’s Amended Complaint. 

34. Defendant denies each and every allegation of paragraph 34 of 

Plaintiff’s Amended Complaint. 

Prayer for Relief

WHEREFORE, Defendant, having answered Plaintiff’s complaint, 

and amended complaint, says that the same be dismissed with prejudice and that 

Defendant be awarded its costs and attorney’s fees; and that the Court enter an 

order that Plaintiff recover nothing; and that the Defendant have such other and 

further relief, both general and special, at law and equity to which they may show 

itself to be justly entitled. 

 s/Donald B. Sweeney, Jr. 

Donald B. Sweeney, Jr. (SWE002) 

OF COUNSEL

Bradley Arant Rose & White LLP

One Federal Place 

1819 Fifth Avenue North 

Birmingham, AL 35203-2104 

Telephone: (205) 521-8000 

Facsimile: (205) 521-8800 

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CERTIFICATE OF SERVICE

I hereby certify that on June 13, 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 the following: 

Adam M. Porter, Esq. 

2301 Morris Avenue, Suite 102 

Birmingham, AL 35203 

and I hereby certify that I have mailed by United States Postal Service the 

document to the following non-CM/ECF participants: 

None 

Respectfully submitted, 

s/ Donald B. Sweeney, Jr. 

Donald B. Sweeney, Jr. (asb-3803-277d)

Bradley Arant Rose & White LLP

One Federal Place 

1819 Fifth Avenue North 

Birmingham, AL 35203-2104 

Telephone: (205) 521-8000 

Facsimile: (205) 521-8800 

E-mail: dsweeney@bradleyarant.com 

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