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KEISHA WILLIAMS
Plaintiff, }
Defendants.
VERIFIED COMPLAINT
individual and official capacities showing this Honorable Court the following :
THE P ARTI ES
1.
thus, submits herself to the jurisdiction of this court for any and all purposes
the State of Georgia with the capacity to sue and be sued . The County may be
served with service of process by service upon Lee May, the Presiding
3.
("CEO") of DeKalb County, who at all times relevant was acting under color of
law. Defendant Ellis is sued in his individual capacity and official capacity as
CEO. Service of process may be made by personally serving Defendant Ellis at his
4.
DeKa1b County Police Services, who at all times was acting under color of law .
Defendant Anderson is sued in her individual capacity and official capacity as the
Acting Chief of DeKalb County Police Services . Service of process may be made
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by personally serving Defendant Anderson at her place of employment located at
5.
On or about June 12, 2009, Plaintiff timely caused a written Ante Litem
Notice to be served upon the proper officers, agents, and employees of Defendant
6.
Plaintiff has complied with all conditions precedent for bringing this suit .
7.
8.
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9.
Venue is proper in this Court as the facts giving rise to Plaintiffs claims
jurisdiction .
10 .
11.
FMLA and is thus, covered by, and subject to the provisions of FMLA .
12.
Williams was employed with Defendant DeKalb County, Georgia for at least
of the FMLA and is thus, covered by, and subject to the provisions of FMLA .
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STATEMENT OF FACTS
13.
Assistant Director from on or about May 29, 2007 until her unjust termination on
14.
County Police Services where her duties included overseeing the public
15.
during the course of her employment with DeKalb County Police Services until
Chief Bolton took an unexpected leave of absence from his job on or around
16.
In February 2009, Defendant Ellis who was the newly elected CEO of
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reported directly to Defendant Anderson as her supervisor in the performance of
17.
18.
media frenzy full of accusations and speculation about Chief Bolton's future with
19.
the affected employee prior to taking the proposed action . The executive order
was effective immediately and remained in effect for sixty (60) days.
20.
telephone after her normal work hours to inform Williams that she had scheduled a
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meeting with the Executive Command Staff, including Williams, on February 3,
2009 at the request of Defendant Ellis who intended to meet with Defendant
Anderson after the staff meeting, but Defendant Anderson did not give Williams
21 .
Later that same evening, on or about February 2, 2009, Williams went to the
emergency room for medical treatment because she experienced dizziness and
22.
23.
recommended that she take a few days off from work with a scheduled return to
24.
On or about February 3, 2009, prior to the scheduled time for the staff
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she was unable to attend the staff meeting because she was under a doctor's care
25.
told Williams that she was in jeopardy of losing her job with DeKalb County
Police Services .
26.
was on leave during a news conference, and later Defendant Ellis issued a news
release informing the public that Williams was on "requested leave until further
notice."
2 7.
Anderson, which was taped on the front door of her home residence, informing
Williams that her employment with DeKalb Police Services was terminated with
Defendant Anderson did not provide Williams with a reason for her termination .
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28.
provide Williams' written notice of her termination prior to taking the proposed
2009.
29.
30.
31.
conference that Williams had been fired after she "abandoned her job" after going
32.
Although Williams has applied for various jobs in public relations since her
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own because of the circumstances surrounding her separation from DeKalb County
Police Services .
33.
this Complaint .
34.
perform his official duty and satisfy Williams' procedural due process rights by
prior to taking the proposed action under the Fifth Amendment as incorporated by
the Fourteenth Amendment to the United States Constitution and the due process
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35.
of the executive order from Defendant Ellis who is the final policy maker of
36.
Williams was not terminated for cause, and she has a clear legal right to the
37 .
Williams has no other legal remedy for the relief sought since Defendants
allege that she was a non-merit status employee with no right of appeal under the
38.
her with written notice of her termination prior to taking the proposed action .
39.
Williams has suffered and continues to suffer lost of employment, lost wages,
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future compensation, lost benefits, emotion distress, and expenses in seeking other
suitable employment .
40.
Complaint .
41.
suffering from a serious health condition within the meaning of FMLA as defined
in 29 U .S .C . § 2611 at the time that she requested medical leave from Defendants .
42 .
43.
protected leave, the right to have health benefits continued during her leave of
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absence, and the right to be fully reinstated to the same or equivalent job position
44.
of jab protected leave under the FMLA after being aware of Williams' need for
medical leave .
45.
46.
failing to provide her with notice of her return to work requirements prior to
47.
FMLA.
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48.
49.
;~1a
reasonable expert witness fees, and other litigation costs under 29 U .S.C. §
2617(a)(3).
51 .
Complaint .
52.
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and the circumstances surrounding her separation from DeKalb County Police
Services .
53.
announced that Williams had abandoned her job, despite the fact that Williams was
54.
Defendant Ellis false statements were made with malice and specific intent
employment .
55.
56.
including, but not limited to, compensatory damages, pain and suffering, lost of
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wages, lost of future wages, lost of employment benefits, humiliation, and medical
expenses .
57.
Complaint.
58.
59.
60.
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61 .
demands :
A. Trial by jury ;
E. Liquidated Damages ;
I . Such other and further relief as the Court shall deem just and
proper.
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This This 4 ~ day of January, 2010 .
Respectfully Submitted,
Tameka A . West
Attorney for Plaintiff
Keisha Williams
Georgia Bar No . 748995
THE WEST LEGAL GROUP ' , P.C.
2242 Mt . Zion Road
Jonesboro, GA 30236
Phone (678) 216-0305
Fax (678) 216-030 6
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IN THE SUPERIOR COURT OF GEORGIA
DEKALB COUNTY
KEISHA WILLIAMS
Plaintiff,
V.
VERIFICATION
ISHA WILLIAMS
SIGNATURE OF PLAINTIFF
Notary Public
[NOTARY SEAL ]
EXHIBIT "B"
IN THE SUPERIOR COURT OF DEKALB COUNTY
STATE OF GEORGIA
KEISHA WILLIAMS,
Plaintiff,
Defendants .
Please take notice that, pursuant to 28 U .S .C . §§ 1441 and 1446, Defendants DeKalb
County, Georgia, Burrell Ellis and Karen A . Anderson, in their individual and official capacities,
have removed the above-styled action from this Court to the United States District Court for the
Northern District of Georgia, Atlanta Division . A copy of the Notice of Removal filed in the
United States District Court for the Northern District of Georgia, Atlanta Division, is attached
Laura K. Johnson
CHIEF ASSISTANT COUNTY ATTORNEY
Georgia Bar No . 392090
Sam L . Brannen, Jr .
Senior Assistant County Attorney
1300 Commerce Drive, 5th Floor
Decatur, GA 30030
(404) 371-3011
Email : sbrannenjr@co .dekalb .ga .us
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IN THE SUPERIOR COURT OF DEKALB COUNTY
STATE OF GEORGIA
KEISHA WILLIAMS,
Plaintiff,
Defendants .
CERTIFICATE OF SERVICE
This is to certify that I have this day served counsel for the opposing party in the
GE ORGIA, ATLAN TA DIVI SION by depositing a copy of the same in the United States mail
PERSON SERVED :
KEISHA WILLIAMS,
CIVIL ACT ION FILE
Plaintiff, NO.
V.
Defendants .
CERTIFICATE OF SERVICE
This is to certify that I have this day served the opposing party in the
of the same in the United States mail in a properly addressed envelope with
This is to further certify that the foregoing document was prepared using
Sam L . Brannen, Jr .
SENIOR ASSISTANT COUNTY ATTORNEY
Georgia Bar No . 077301
PERSON SERVED :
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