UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

DEVLON CHAMBERS,

Plaintiff,

Case No. 14-cv-14461

v.

Hon. Victoria A. Roberts

TRI-DIM FILTER CORPORATION, and

MALACE INTERNATIONAL, LLC

Defendant.

GOLD STAR LAW, P.C. PLUNKETT COONEY

CAITLIN E. MALHIOT (P76606) CAROLYN M. JERECK (P41748)

MAIA E. JOHNSON (P40533) Attorney for Defendant

Attorneys for Plaintiff 38505 Woodward Ave., Ste. 2000

2701 Troy Center Dr., Ste. 400 Bloomfield Hills, MI 48304

Troy, MI 48084 (248) 594-6363

(248) 275-5200 cjereck@plunkettcooney.com

cmalhiot@goldstarlaw.com

mjohnson@goldstarlaw.com

AMENDED COMPLAINT AND JURY DEMAND

COMPLAINT

Plaintiff, Devlon Chambers, through his attorneys, Gold Star Law, P.C., for 

his Amended Complaint herein states:

PARTIES, JURISDICTION, AND VENUE

1. Plaintiff, Devlon Chambers (“Plaintiff”) is a resident of Genesee

County, Michigan.

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2. Defendant, Tri-Dim Filter Corporation (“Tri-Dim”) is a foreign profit 

corporation operating a distribution facility in Belleville, Michigan as well as a 

number of manufacturing facilities throughout the United States and Canada. 

Defendant has a registered office in Bingham Farms, Michigan.

3. Defendant, Malace International, LLC (“Malace”) is a domestic profit 

corporation with a registered office in Troy, Michigan.

4. The violations of both Title VII of the Civil Rights Act of 1964 and 

the Elliott-Larsen Civil Rights Act alleged herein occurred in Wayne County, 

Michigan.

5. This action arises under 42 USC 2000e et seq., and jurisdiction of this 

Court is proper under 28 USC 1331.

6. Defendants reside within this judicial district, and venue is proper in 

this Court pursuant to 28 USC 1391(b).

7. This Court’s supplemental jurisdiction is invoked pursuant to 28. 

U.S.C. § 1367. This action is authorized and instituted pursuant to the ElliottLarsen Civil Rights Act, M.C.L. 37.2102 et seq.; M.S.A. 3.548(101) et seq. 

FACTUAL ALLEGATIONS

8. Tri-Dim is a corporation engaged in the manufacturing, distribution, 

and sale of HVAC filters and other similar products. 

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9. Malace is a corporation engaged in directly employing individuals to 

provide services for other companies, including Tri-Dim.

10. Plaintiff is an African American male who was directly employed by 

Malace and performed work for Tri-Dim from May 4, 2014 until August 22, 2014.

11. Throughout the course of his employment with Defendants, Plaintiff

was subjected to a work environment which he perceived as hostile towards 

African American employees.

12. Plaintiff made internal complaints to supervisors and representatives 

of Defendants regarding racial harassment and discrimination throughout his 

employment with Defendants.

13. On August 14, 2014, Plaintiff signed a formal charge of 

discrimination against Tri-Dim on the basis of his race with the Equal Employment 

Opportunity Commission (“EEOC”). The EEOC assigned charge number 471-

2014-03097 to the investigation of his charge. The investigation of this charge is

open and ongoing at the time of this filing. 

14. On or about August 21, 2014, Defendants terminated Plaintiff’s 

employment. 

15. Defendants’ termination of Plaintiff constitutes wanton and willful 

misconduct and a reckless disregard for Plaintiff’s civil rights.

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16. Upon information and belief, the reason for termination stated by 

Defendants was that Plaintiff had missed a meeting approximately a month earlier, 

although Plaintiff had not been disciplined or otherwise reprimanded for missing 

the meeting prior to his complaints of racial harassment.

17. Upon information and belief, Defendants terminated Plaintiff’s 

employment in retaliation for having made protected complaints of racial 

discrimination and otherwise engaging in protected activity. 

18. Following his termination, Plaintiff filed a charge of retaliation 

(Charge No. 471-2014-03386) against Defendant Tri-Dim with the EEOC for 

which he received a Dismissal and Notice of Rights dated November 26, 2014. 

Said notice is attached to this pleading as exhibit 1.

COUNT I – RACE DISCRIMINATION IN VIOLATION OF THE ELLIOTT 

LARSEN CIVIL RIGHTS ACT

19. Plaintiff incorporates the allegations in the foregoing paragraphs as if 

fully stated herein.

20. Defendants Tri-Dim and Malace are “employers” as defined under the 

Elliot-Larsen Civil Rights Act (“ELCRA”). 

21. Defendants were Plaintiff’s employers at all times pertinent to this 

action.

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22. Defendants discriminated against Plaintiff by tolerating a pattern of 

racial harassment in violation of ELCRA.

23. As a direct and proximate result of Defendants’ violation of ELCRA, 

Plaintiff has sustained damages including loss of income and emotional distress.

WHEREFORE, Plaintiff requests that this Court enter judgment against 

Defendants, jointly and severally, for economic and emotional damages, in an 

amount to be proven at trial, together with the costs and reasonable attorney fees 

incurred herein, and interest at the statutory rate.

COUNT II – RETALIATION IN VIOLATION OF THE ELLIOTT LARSEN 

CIVIL RIGHTS ACT

24. Plaintiff incorporations the allegations in the foregoing paragraphs as 

if fully stated herein.

25. Defendants Tri-Dim and Malace are “employers” as defined under the 

Elliot-Larsen Civil Rights Act (“ELCRA”). 

26. Defendants were Plaintiff’s employers at all times pertinent to this 

action.

27. Defendants retaliated against Plaintiff for his complaints of racial 

harassment by terminating his employment, in violation of ELCRA.

28. As a direct and proximate result of Defendants’ violation of ELCRA 

Plaintiff has sustained damages including loss of income and emotional distress.

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WHEREFORE, Plaintiff requests that this Court enter judgment against 

Defendants, jointly and severally, for economic and emotional damages, in an 

amount to be proven at trial, together with the costs and reasonable attorney fees 

incurred herein, and interest at the statutory rate.

COUNT III- RETALIATION IN VIOLATION OF TITLE VII

29. Plaintiff incorporates the allegations in the foregoing paragraphs as if 

fully stated herein.

21. Defendant Tri-Dim is an “employer” as defined under Title VII of the 

Civil Rights Act of 1964 (“Title VII”).

22. Tri-Dim was Plaintiff’s employer at all times pertinent to this action.

23. Tri-Dim terminated Plaintiff’s employment in retaliation for both 

Plaintiff’s charge of racial discrimination with the EEOC and Plaintiff’s internal 

complaints of racial harassment. 

24. As a result of Tri-Dim’s unlawful conduct, Chambers has sustained 

damages including loss of income and emotional distress.

WHEREFORE, Plaintiff requests that this Court enter judgment against TriDim for economic, emotional, and punitive damages, in an amount to be proven at 

trial, together with the costs and reasonable attorney fees incurred herein, and 

interest at the statutory rate.

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Respectfully submitted, 

GOLD STAR LAW, P.C.

/s/ Caitlin E. Malhiot 

Dated: March 26, 2015 Maia E. Johnson P48583

Caitlin E. Malhiot P76606

Attorneys for Plaintiff

2701 Troy Center Dr., Ste. 400

Troy, MI, 48084

(248) 275-5200

JURY DEMAND

Plaintiff, Devlon Chambers, hereby demands a trial by jury in this action.

Respectfully submitted, 

GOLD STAR LAW, P.C.

/s/ Caitlin E. Malhiot __

Dated: March 26, 2015 Caitlin E. Malhiot P76606

Maia E. Johnson P48583

Attorneys for Plaintiff

2701 Troy Center Dr., Ste. 400

Troy, MI, 48084

(248) 275-5200

CERTIFICATE OF SERVICE

I hereby certify that on March 26, 2015, I electronically filed the foregoing 

document with the Clerk of the Court using the ECF system which will send 

notification of such filing to all counsel registered electronically.

/s/ Shelley Eckelberry x

Shelley Eckelberry

GOLD STAR LAW, P.C.

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EXHIBIT 

1 

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