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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA 

FORT WAYNE DIVISION 

ASIA L. MARSHALL, ) 

 Plaintiff ) 

 ) 

VS ) Case No. 1:15-cv-00391-WCL-SLC 

 ) 

ALLEN COUNTY COMMUNITY ) 

CORRECTIONS, ) 

 Defendant ) 

DEFENDANT’S ANSWER TO EMPLOYMENT 

DISCRIMINATION COMPLAINT

 Comes now the Defendant, Allen County Community Corrections, by counsel, and, in 

answer to the Plaintiff’s “Employment Discrimination Complaint,” states as follows: 

1. Defendant admits that Plaintiff has requested a jury trial. Answering further, 

Defendant objects to Plaintiff’s jury demand to the extent Plaintiff’s claims are equitable or 

otherwise not properly heard by a jury. 

2. In response to section I. of the form complaint entitled “Parties,” Defendant 

admits that the named parties to this matter are Plaintiff, Asia Marshall and Defendant, Allen 

County Community Corrections and, further admits that Defendant’s business address is 201 W. 

Superior Street, Fort Wayne, IN 46802. Defendant denies, however, that Allen County 

Community Corrections is the properly named and correct defendant in this matter. Allen 

County Community Corrections is a non-sui juris program of the Board of Commissioners of the 

County of Allen established pursuant to Ind. Code 11-12-2-2 and overseen by an advisory board. 

Defendant is neither a company nor an employer. The Board of Commissioners of the County of 

Allen should be the appropriately named defendant in this matter. Defendant is without 
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sufficient knowledge to admit or deny the allegations/information contained in the remainder of 

section I. and, therefore denies same. 

3. In response to section II.1. of the form complaint, under the heading of “Basis of 

Claim and Jurisdiction,” the Defendant admits that Plaintiff brings this action pursuant to the 

Americans with Disabilities Act and that this Court’s jurisdiction is proper pursuant to 28 U.S.C. 

§§ 1331 and 1343(a). Defendant denies, however, that it violated Plaintiff’s rights under the 

Americans with Disabilities Act. 

4. In response to sections II.2.and 3. of the form complaint, the Defendant admits 

that Plaintiff filed a charge of discrimination with the EEOC, that she received a Right to Sue 

Notice on or about September 21, 2015, and that copies of the charge and notice are attached to 

Plaintiff’s complaint. Defendant denies any remaining allegations contained in section II of 

Plaintiff’s Complaint. 

5. In response to section III. of the form complaint, entitled “Statement of Legal 

Claim,” Defendant denies that Plaintiff is entitled to relief for the reasons articulated therein by 

the Plaintiff. 

6. In response to section IV. of the form complaint, entitled “Facts in Support of 

Complaint,” Defendant denies the material allegations, if any, made against it by the Plaintiff in 

section IV of her complaint and the documents attached to Plaintiff’s complaint, and denies that 

Plaintiff is entitled to relief for any alleged violation of her rights under the Americans with 

Disabilities Act or any other regulation, ordinance or law, including common law. 

a. Answering further, with respect to the particulars of Plaintiff’s EEOC Charge, 

Defendant admits that Plaintiff worked for Defendant as a program facilitator at Allen 

County Community Corrections and used some FMLA time to care for her daughter. 
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Defendant further admits that Plaintiff was charged with battery on or about 

December 10, 2014, and that the charges were initially dismissed. Defendant admits 

that criminal charges were re-filed against Plaintiff in January, 2015, and that 

Plaintiff’s employment was terminated in January, 2015. Defendant denies any 

remaining allegations contained in the particulars of Plaintiff’s May 28, 2015, Charge 

of Discrimination a copy of which is attached to Plaintiff’s Complaint and referenced 

in Section IV. of said Complaint. 

b. Answering further, Defendant denies that the Indiana Department of Workforce 

Development Unemployment Insurance Appeals Decision dated February 18, 2015, 

and attached to Plaintiff’s Complaint, is relevant or admissible and denies that its 

conclusion has any bearing on whether the Defendant’s decision to terminate 

Plaintiff’s employment was lawful or proper. Additionally, Defendant denies that 

the purported unverified, unsworn and unauthenticated statement of Antonio Chacon 

dated August 6 or 7, 2015, and attached to Plaintiff’s Complaint, is relevant or 

admissible. Defendant denies any and all material allegations against it made in these 

attachments to Plaintiff’s Complaint. 

7. In response to section V. of the form complaint, entitled “Prayer for Relief,” 

Defendant denies that Plaintiff is entitled to any recovery of either compensatory or punitive 

damages. 

8. Defendant denies any factual or legal allegation made against it in Plaintiff’s 

Complaint unless such allegation was specifically admitted. 
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WHEREFORE, Defendant, by counsel, requests that the Plaintiff’s Complaint be 

dismissed it its entirety, and that the Defendant be awarded its attorneys’ fees, costs, and all other

just and proper relief. 

AFFIRMATIVE DEFENSES 

1. Plaintiff’s claim is barred to the extent it exceeds the scope of her charge of 

discrimination. 

2. To the extent that Plaintiff failed to meet the statutory and/or jurisdictional 

prerequisites to suit, her claims should be dismissed. 

3. Plaintiff’s claim for damages is barred to the extent she has failed to mitigate her 

damages, or should be offset to the extent of any interim earnings. 

4. Plaintiff’s claim for punitive damages is barred because Defendant made good 

faith efforts to comply with all anti-discrimination laws, including the ADA. 

5. Plaintiff fails to state a claim upon which relief may be granted. 

6. Plaintiff’s employment was terminated for legitimate business reasons. 

WHEREFORE, Defendant, by counsel, requests that the Plaintiff’s Complaint be 

dismissed it its entirety, and that the Defendant be awarded its attorneys’ fees, costs, and all other

just and proper relief. 

 Respectfully submitted, 

 BEERS MALLERS BACKS & SALIN, LLP 

 Attorneys for Allen County Community Corrections 

 BY: /s/ Laura L. Maser 

 Laura L. Maser (20335-02) 

 110 West Berry Street, Suite 1100 

 Fort Wayne, Indiana 46802 

 T. (260) 426-9706 

 F. (260) 420-1314 
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CERTIFICATE OF SERVICE

 I hereby certify that on March 4, 2016, I electronically filed the foregoing with the Clerk 

of the Court using the CM/ECF system and mailed by United States Postal Service, postage 

prepaid, a copy of the this document to the following non-CM/ECF participant: 

 

Asia L. Marshall 

4526 Redstone Court 

Fort Wayne, IN 46835 

 /s/ Laura L. Maser 

 Laura L. Maser 

23N8717 00015-16001