Case 3:12-cv-01279-MJR-SCW Document 2

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS EAST ST. LOUIS DIVISION ELGIN BARNETT, ) ) Plaintiff, ) ) v. ) CAUSE NO. 3:12-cv-1279-MJR-SCW ) COMBINED INSURANCE COMPANY ) OF AMERICA, and DEREK JONES, ) in his Individual Capacity, ) ) Defendants. ) COMPLAINT FOR DAMAGES and DEMAND FOR JURY TRIAL Plaintiff, Elgin Barnett, by counsel, for his Complaint for Damages and Demand for Trial by Jury, states as follows: I. INTRODUCTION This is an action brought by Plaintiff against Combined Insurance Company of America (Combined) for violation of 42 U.S.C. 1981. In addition, Plaintiff brings this action against Combined and Derek Jones (Jones) under Illinois common law for libel per se, tortious interference with contract, and respondeat superior. II. PARTIES 1. At all times relevant to this litigation, Plaintiff resides within the State of Missouri

and previously worked for Defendant within the geographical boundaries of the Southern District of Illinois. 2. At all times relevant to this litigation, Combined is a for-profit foreign corporation

headquartered in the State of Illinois which conducts business within the geographical boundaries of the Southern District of Illinois.

Case 3:12-cv-01279-MJR-SCW Document 2

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3.

At all times relevant to this litigation, Jones resides within the geographical

boundaries of the Southern District of Illinois. III. JURISDICTION AND VENUE 4. Jurisdiction is conferred on this Court by 42 U.S.C. Sec. 2000e-5, 28 U.S.C. Sec.

1331, and 28 U.S.C. Sec. 1343. Moreover, this Court has supplemental jurisdiction over Plaintiffs Illinois common law claims pursuant to 28 U.S.C. 1367. 5. All of the events, transactions, and occurrences pertinent to this lawsuit have

occurred within the geographical environs of the Southern District of Illinois. Therefore, venue is proper in this Court pursuant to 28 U.S.C. Sec. 1391. IV. FACTUAL ALLEGATIONS 6. Plaintiff is an African-American male who was originally hired by Defendant in

1998. From February 2009 to March 12, 2012, Plaintiff worked as Market Director for Defendant in the Southern Illinois territory. 7. On March 12, 2012, Plaintiff resigned his employment with Defendant and went

to work for Liberty National Life Insurance Company (hereinafter, Liberty National) 8. On August 1, 2012, Defendant filed a Verified Complaint against Plaintiff

alleging Plaintiff violated his employment agreement with Defendant by allegedly soliciting and inducing Defendants employees to leave Defendant and join Liberty National. 9. Defendant is aware of other former employees of Defendant who are not African-

American that have also left their employment with Defendant to work for Liberty National; however, Defendant has not taken similar legal action against these former employees who are outside of Plaintiffs protected class.

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10.

In support of Combineds Verified Complaint against Plaintiff, Jones knowingly

submitted a false affidavit containing defamatory statements regarding Plaintiff. V. LEGAL CLAIMS COUNT 1: Violation of 42 U.S.C. 1981 11. Plaintiff hereby incorporates paragraphs one (1) through eight (8) of his

Complaint as if fully set forth herein. 12. Defendant violated Plaintiff's right to make and enforce contracts under 42 U.S.C.

1981 by subjecting Plaintiff, because of his race, to different terms and conditions than similarly-situated employees. COUNT 2: Libel Per Se 13. Plaintiff hereby incorporates paragraphs one (1) through twelve (12) of his

Complaint as if fully set forth herein. 14. Joness publication of the defamatory information about Plaintiff attacked his

professional character and competence as a supervisory employee. 15. Jones intentionally published false and defamatory information about Plaintiff

with the motive of causing severe harm to Plaintiff in his profession and career. COUNT 3: Respondeat Superior 16. Plaintiffs hereby incorporate paragraphs one (1) through fifteen (15) of his

Complaint as if fully set forth herein. 17. Combined is liable for the acts of its employees, agents, and servants acting

within the course and scope of their employment. 18. Jones was acting in the course and scope of his employment with Combined when

he intentionally published false and defamatory information about Plaintiff.

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19.

Combined is liable for the acts of Jones under the doctrine of respondeat superior. COUNT 4: Tortious Interference

20.

Plaintiff hereby incorporates the foregoing paragraphs one (1) through nineteen

(19) of his Complaint as if fully set forth herein. 21. By virtue of its conduct, Defendants have intentionally and improperly interfered

with contracts between Plaintiff and Liberty National. Defendants have intentionally and improperly interfered with the advantageous business and economic relations between Plaintiff and Liberty National. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays that the Court find in his favor and order the following relief: A. B. Issue a declaratory judgment that Defendant's acts violate 42 U.S.C. 1981; Permanently enjoin Defendant, its officers, agents, employees, and attorneys

acting in concert with them from engaging in any practice that violates 42 U.S.C. 1981; C. Award Plaintiff compensatory damages, consequential damages, and emotional

distress damages in an amount sufficient to compensate Plaintiff for the damages caused by Defendant's unlawful actions; D. E. Award Plaintiff punitive damages; Award Plaintiff his attorneys' fees, litigation expenses, and costs incurred as a

result of this action; F. G. Award Plaintiff pre- and post-judgment interest on all sums recoverable; and Award any and all other relief as may be just and proper.

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DEMAND FOR JURY TRIAL Plaintiff, Elgin Barnett, by counsel, respectfully requests a jury trial for all issues deemed so triable. Respectfully submitted, RAMEY & HAILEY /s/ Joel S. Paul Joel S. Paul, Atty. #422921 Attorneys for Plaintiff 9333 N. Meridian Street, Suite 105 Indianapolis, IN 46260 Tel: (317) 582-0000 Fax: (317) 582-0080 E-mail: joel@rameyandhaileylaw.com