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Miranda Guy :
477 Township Rd. 41 N.
Pedro, OH 45659 :
Plaintiff :
And :
And :
And :
Case: 1:18-cv-00893-SKB Doc #: 1 Filed: 12/19/18 Page: 2 of 14 PAGEID #: 2
And :
And :
And :
And :
John Doe :
Defendants :
1. For over 12 years, until her constructive discharge when she resigned under
duress effective December 20, 2017, Plaintiff Miranda Guy (hereinafter referred to as
“Plaintiff”) served as the superintendent’s secretary, most recently to Wes Hairston, then
Superintendent of Rock Hill Local School District. Plaintiff had dental and vision
insurance provided by her employment with Defendant Rock Hill Local School District
2. At all times pertinent to the allegations made herein, Plaintiff was employed
under a continuing contract of employment by Defendant Rock Hill Local School District
3. At all times, Defendants were state actors as that term is defined under 42
U.S.C. §1983, and their actions constituted state action as agents of a governmental
4. The claims made herein assert violations of the Constitution of the United
5. This Court has jurisdiction of the case pursuant to the federal question statute,
28 U.S.C. §1331;
II. FACTS
Hill Local School District upon retirement in June of 2018 of Wes Hairston, who is not a
9. At the time Defendant Hopper took over, Plaintiff had been forced to resign
and her unemployment compensation case was pending before the Ohio Bureau of
Employment Services. Plaintiff, in spite of efforts by Defendant Board, was awarded full
benefits. Defendant Board had argued that but/for Plaintiff’s resignation, she would still be
10. Plaintiff, had been placed on administrative paid leave on September 19, 2017
for reasons that were not stated. Based upon information and belief, Plaintiff asserts that
Defendant John Doe provided highly defamatory, false information to Defendant Board
prompting this action. At approximately the same time she was placed on administrative
leave, her husband sued her for divorce. The photos at issue were beach photos taken of
Plaintiff and several members of her family that she had posted on Instagram Story and Snap
Story, none of which were nude, and none of which had been forwarded to any individual
11. During her administrative leave, Plaintiff was prohibited from attending any
school events for her seven-year-old son who attended the same school as she had worked
in. Plaintiff was devastated by not being permitted to attend his special events, parent-
teacher conferences, or even to drive onto the school grounds to drop him off and pick him
up. She has been forced to have someone else take her son to either the bus stop or to the
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school because she has not even been allowed to drop him off at the curb in front of the
school.
12. Three months after being placed on leave, Plaintiff was informed that
Defendant Board would terminate her for failing to adhere to the Board’s social media policy
if she did not resign. Plaintiff stated that she would do so if the ban prohibiting her from
attending her son’s school event was ended; she was assured that it would be. So, on
December 20, 2017, Plaintiff agreed to sign the prepared letter of resignation which the
Board adopted in a 3-1 vote in Board Resolution 293-2017; however, that resolution was
followed in a 4-0 vote adopting Board Resolution 294-2017, banning Plaintiff “from Rock
Hill Local School District Property and School functions until further written notice with
prior board of education approval. At the time the Board adopted both of these resolutions
only four members were present. The Board failed to notify her that they had banned her
from school property until February 14, 2018 when she dropped her son off at school; on
that day the Vice Principal told her she was not allowed to be on school property. Plaintiff
was devastated to learn of this ban and the breach of what she understood to be her rights.
13. Upon information and belief, Plaintiff states that then-Superintendent Hairston
submitted his notice of retirement, effective the end of the 2017-2018 school year after being
14. Prior to the Board’s demand that she resign, Plaintiff was informed that John
Doe had alleged that she had violated the Board’s social media policy by a) sending nude
photos of herself to minors and b) exchanging text messages with minors that made explicit
reference to sexual conduct. These allegations were false, but Defendant Board failed to
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Defendant John Doe to bring criminal charges against Plaintiff were unsuccessful and no
15. Throughout the preceding years of her employment at Rock Hill Local School
16. Following her effective termination by Defendant Board, no notice was ever
sent to Plaintiff of her eligibility for COBRA benefits, with the result that she ceased to have
17. During the years preceding Plaintiff’s effective termination, she observed
numerous school district employees violating the social media policy, up to and including
20. Plaintiff have fundamental right as a parent to make decisions concerning the
prohibiting her from any involvement with her son’s schooling and related school events.
22. Defendants have no just cause for limiting or depriving Plaintiff of her
23. Plaintiff has been harmed by Defendants’ violation of her fundamental right
as a parent. As a direct and proximate result, Plaintiff has suffered humiliation, emotional
distress, loss of self-esteem, lost income and benefits, and will suffer such injuries and losses
in the future;
25. Defendants have violated Plaintiff’s rights under the Fourteenth Amendment's
Due Process Clause when they interfered with Plaintiff’s fundamental right as a parent by
26. Defendants have violated Plaintiff’s rights under the Fourteenth Amendment’s
Due Process Clause when they interfered with Plaintiff’s employment by forcing her to
27. Defendants have no just cause for limiting or depriving Plaintiff of her rights
29. Plaintiff was subjected to disciplinary actions and was effectively terminated
for alleged de minimis and unsubstantiated reasons, under harsh standards not applied to
other employees;
30. As a direct and proximate result, Plaintiff has suffered humiliation, emotional
distress, loss of self-esteem, lost income and benefits, and will suffer such injuries and
32. Defendants forced Plaintiff to resign from her position through the conduct
alleged hereinabove.
33. But/for Defendants’ forced coercion, Plaintiff would not have resigned her
position.
35. Plaintiff was subjected to disciplinary actions and was effectively terminated
for alleged de minimis and unsubstantiated reasons, under harsh standards not applied to
other employees.
36. As a direct and proximate result, Plaintiff has suffered humiliation, emotional
distress, loss of self-esteem, lost income and benefits, and will suffer such injuries and
37. Plaintiff hereby restates and incorporates, as if fully rewritten herein, the
employment were governed by Ohio Revised Code § 3319.081, and by Defendants' own
39. Defendants owed a duty to Plaintiff to adhere to the provisions set forth in
Ohio Revised Code § 3319.081 and their own formally adopted policies.
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imposed upon them by Ohio Revised Code § 3319.081 and by Defendants' own formally
adopted policies.
suffered damages in the form of embarrassment, mental anguish, loss of reputation, loss of
self-esteem, harm to Plaintiff's relationship with her family, and other emotional distress
44. Plaintiff is, pursuant to the terms of her continuing employment contract with
continuing contract and therefore have breached her contract and have caused her
47. 29 U.S.C.A 1161 and 42 U.S.C.A 300bb-1 et seq. require employers, including
public sector employees to provide notice of continuance coverage upon the occurrence
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within thirty days of a qualifying event through 29 USCA 1163 and 29 USCA 1166.
participation in the Rock Hill Local School District’s vision and dental insurance plans.
which she was entitled by law, and have failed to continue to provide vision and dental
insurance to Plaintiff.
50. As a direct and proximate result of Defendants’ failure to comply with the
aforesaid requirements, Plaintiff has suffered damages and asks that this court impose
sanctions under COBRA up to and including fines of up to $100 per day, attorney’s fees, and
such other relief to which she may be entitled by law and equity.
52. Defendant John Doe has made false and defamatory statements regarding
53. As a result of the actions of Defendant John Doe, Plaintiff’s reputation was
tarnished.
54. As a result of the actions of Defendant John Doe, as well as statements and
actions of the Defendants named herein, Plaintiff’s reputation has been tarnished and issues
have arisen as to her good morals and veracity. Defendant John Doe falsely stated that
Plaintiff had engaged in the conduct stated herein, when in fact she had not done so. Plaintiff
55. As a result of the foregoing actions by the designated Defendants, Plaintiff has
suffered a general threat to her reputation in the community as well as grievous injury to her
person.
56. Plaintiff realleges the claim set forth in paragraphs 1 through 55 and
57. Defendant John Doe owed Plaintiff a duty to refrain from negligently or
intentionally injuring her and to create a workplace consistent with its representations,
resolutions and with state law. By disseminating false information about Plaintiff, her
character, and her veracity, Defendant John Doe has breached his duty to Plaintiff.
58. The Defendant’s negligent and intentional actions caused injuries to the
Plaintiff in the form of mental anguish, loss of self-esteem and other emotional distress as
59. The Defendant’s actions directly and proximately caused Plaintiff’s damages
personal rights.
61. The Defendant’s actions acted willfully and maliciously, with spite and ill will,
62. As a direct and proximate result of Defendant’s actions, Plaintiff has been
damaged.
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63. Plaintiff realleges the claims set forth in paragraphs 1 through 62.
65. Plaintiff is entitled to a declaration from the Court that the Defendant Board’s
action in removing her from the payroll was in violation of the parties' contract and of Ohio
66. Plaintiff is entitled to a declaration from the Court that Defendant's removal
from Defendant Board's payroll is in violation of the parties' contract and of Ohio law.
67. Plaintiff is entitled to a declaration from the Court that Defendant Board
remains under a contract of employment with the Plaintiff, and Plaintiff is entitled to remain
rightful position in her continuing contract and on Defendant’s payroll, unless ordered not to
do so by the Court.
70. Plaintiff has no plain and adequate remedy in the ordinary course of law.
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directing that Plaintiff be restored to her rightful position within Defendant Board of
severally, as follows:
2. Under all Claims, awards of punitive damages in such amounts as the jury
deems just;
interest and the costs of this action pursuant to 42 U.S.C. §1988; for a total award in such
4. A declaratory judgment declaring that the Defendant Board did not adhere to
the terms of its contract of employment with Plaintiff, which terms obligated the Defendant
Board and its representative to pay compensation to Plaintiff; therefore, the deprivation of
salary was and is invalid and Plaintiff should be reinstated to her employment position and
should be paid all salary and benefits lost as a result of said action; further, the minutes all
records of any action taken against Plaintiff and/or her contract of employment should be
expunged.
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her employment position and to pay her all salary and benefits lost as a result of said action
and to physically expunge from the minutes all records of any action taken against Plaintiff
7. An award of back pay and benefits retroactive to the date of her removal from
continuing to deprive Plaintiff of her employment contract and salary and benefits.
10. An award of reasonable attorney's fees, expenses, and such other and further
Respectfully submitted,
JURY DEMAND