Aleciah Jackson vs. City of Dallas lawsuit

PLAINTIFF’S ORIGINAL PETITION

CAUSE NO. __________________

ALECIAH JACKSON

v.

CITY OF DALLAS, TEXAS

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IN THE DISTRICT COURT

______JUDICIAL DISTRICT

DALLAS COUNTY, TEXAS


TO THE HONORABLE JUDGE OF SAID COURT:

Plaintiff Aleciah Jackson files this, her Original Complaint and prayer for relief against

Defendant City of Dallas and in support would show the Court as follows:

PARTIES

1. Plaintiff Aleciah Jackson is a resident of Rockwall County, Texas and a sworn

officer of the Dallas Police Department and an employee of the City of Dallas, Texas.

2. Defendant City of Dallas, Texas is a municipality of the State of Texas and may

be served with process by serving Rosa A. Rios, City Secretary, City of Dallas, Dallas City Hall,

1500 Marilla Street, Room 5D South, Dallas, Texas 75201-6390.

VENUE

3. Venue in this Court pursuant to Tex. Civ. Prac. & Rem. Code § 15.002(a)(1) as

Dallas County is the county in which all or a substantial part of the events or omissions giving

rise to the claims occurred.

DISCOVERY LEVEL

4. Plaintiff files this suit as a Discovery Level 2 suit as set forth in Texas Rule of

Civil Procedure 190.3.

DC-14-08242 Freeney Anita

FILEDDALLAS COUNTY

7/31/2014 3:07:59 PMGARY FITZSIMMONS

DISTRICT CLERK


REQUEST FOR DISCLOSURE

5. Pursuant to Rule 194, Defendant is requested to disclose, within fifty days of

service of the Petition and Request, the information and material discussed in Rule 194.2(a)-(l)

of the Texas Rules of Civil Procedure.

FACTS

6. Plaintiff Aleciah Jackson has timely met all conditions to filing this suit. Plaintiff

dual-filed a charge of Discrimination on the basis of Defendant’s retaliatory actions for her

participation in a protected activity of providing notice of and complaints regarding a hostile

work environment arising from a co-worker’s sexual conduct and racially discriminatory conduct

in the workplace. This charge was submitted to the Equal Employment Opportunity

Commission (“EEOC”) and the Texas Workforce Commission (“TWC”) on May 12, 2014.

Rather than investigate, the EEOC investigator Juan F. Munoz immediately issued a Dismissal

and Notice of Rights.

7. Aleciah Jackson is a sworn officer with Dallas Police Department (“DPD”) and

has been an officer since May 24, 1989 and has served continuously without any material

disciplinary issue or complaint. Ms. Jackson has held the rank of Senior Corporal since 2002.

8. From the year 2008 to November 17, 2013 Sr. Corporal Jackson was assigned to

the Personnel Division of the Dallas Police Department where, as part of her job responsibilities

she performed background investigations for officer recruits and civilians seeking employment

with the Dallas Police Department and assisted with other aspects of the interview and

application process. These duties and responsibilities entitled Sr. Corporal Jackson to receive

additional compensation, Detective’s pay.


9. The Personnel Division to which Sr. Corporal was assigned is a relatively small

unit, requiring approximately 24 officers to work closely together and coordinate their daily tasks

and routines. In November 2012 a female officer was added to the division who quickly became

a disruptive force. Over the one (1) year time period this officer began having sexual and

romantic relationships with male officers in the division. In addition to her sexual relationship

with male officers in the division, this female officer openly flirted with her supervising

Sergeant. This female officer created a sexual charged environment which through the use of her

relationships she received preferential assignments and was not required to perform or was

released from the less desirable assignments. This female officer was allowed to avoid work and

performed what duties she wanted when she wanted.

10. This officer then created such a hostile and disruptive environment that male

officers in the unit began threatening each other. This female officer then began to make

multiple allegations of sexual harassment against African American males in the division. She

also advised her superiors that she did not like working with female African American officers,

such as Sr. Corporal Jackson and would report them to supervisors alleging that they “talked

about her” or were rude, resulting in the African American officers being reassigned in their

duties and physically removed from their assignments. Rather than counsel the officer or

discipline her for her racist comments and refusal to work with female African American

officers, Plaintiff and the other officers had their schedules and assignments changed to

accommodate the disruptive officer.

11. The environment became so poisonous and this female officer’s influence was so

pervasive that it impeded the Plaintiff’s ability to perform her duties on a daily basis. Plaintiff

made numerous complaints to her supervisors, and considered filing a complaint with DPD’s


Internal Affairs Department (“IAD”), the only avenue left to address the work conditions caused

by the discriminatory actions and sexual conduct of the other female officer.

12. In frustration, Sr. Corporal Jackson went outside her chain of command to speak

with Chief Cynthia Villarreal with whom she had worked in the past. On a Tuesday night,

November 12, 2013, Sr. Corporal Jackson had a long telephone conversation with Chief

outlining the problems in the Personnel Division which the other female officer had caused.

Plaintiff was seeking the Chief’s advice and told the Chief she was considering filing a

complaint with IAD. The Chief told Plaintiff she should not file a complaint, to “keep her head

low” and let the other officer “burn her bridges.” Chief Villarreal said she would look into the

matter.

13. Just three (3) days later, on November 15, 2013, Plaintiff was notified she would

be removed from Personnel Division and transferred to patrol, resulting in a loss of her

Detective’s pay. The department representatives refused to give a reason for this detrimental

transfer. While Plaintiff was transferred, several officers who were involved with the offending

female officer or supervised her were left in the division.

COUNT ONE: VIOLATION OF TEXAS LABOR CODE § 21.055

14. Defendant employs at least fifteen (15) employees within the meaning of the

Texas Labor Code and is an employer as defined by Tex. Labor Code § 21.002.

15. Defendant City of Dallas violated the Texas Labor Code § 21.055 by taking a

tangible employment action against Plaintiff because she complained of and opposed what she

reasonably believed to be a racially discriminatory and sexually hostile workplace caused by the

conduct of a co-worker. Specifically, Plaintiff was transferred as a result of her complaints to


her supervisors and ultimately to Chief Villarreal and her expressed desire to make a formal

complaint to IAD.

16. Plaintiff is entitled to recover damages from Defendant for lost back pay since her

transfer, reinstatement to her previous position, front pay and other pecuniary losses. In addition

Plaintiff is entitled to recover compensatory damages arising from her transfer.

COUNT TWO: TITLE VII - RETALIATION

17. Defendant is an employer as defined by Title VII of the Civil Rights Act of 1964,

as amended.

18. Sr. Corporal Jackson, by her complaints to her supervisors and discussions with

Chief Villarreal engaged in a protected activity as defined by Title VII, 42 U.S.C. 2000e-3.

19. Subsequent to her conversation with Chief Villarreal and her express desire to

initiate a formal complaint process, Defendant retaliated against Plaintiff by transferring her back

to patrol, a less desirable position, removing her from a position in which she had developed

particular expertise over her four (4) years in the division. The result was a decrease in her

compensation by removing her ability to collect Detective’s pay.

20. Defendant City of Dallas violated Title VII by taking a tangible employment

action against Plaintiff because she complained of and opposed what she reasonably believed to

be a racially discriminatory and sexually hostile workplace caused by the conduct of a co-

worker. Specifically, Plaintiff was transferred as a result of her complaints to her supervisors

and ultimately to Chief Villarreal and her expressed desire to make a formal complaint to IAD.

21. Plaintiff is entitled to recover damages from Defendant for lost back pay since her

transfer, reinstatement to her previous position, front pay and other pecuniary losses. In addition

Plaintiff is entitled to recover compensatory damages arising from her transfer.


ATTORNEY FEES

22. As a consequence of the above described facts, and in the furtherance of

Sr. Corporal Jackson’s rights, duties and obligations with respect to her employment it was

necessary for Plaintiff to retain the undersigned attorneys. Plaintiff hereby seeks to recover for

all reasonable and necessary attorneys’ fees and costs incurred in enforcing said rights and

duties.

STATEMENT OF RELIEF UNDER RULE 47

23. Plaintiff Aleciah Jackson seeks monetary relief over $100,000 but not more than

$500,000, including damages of any kind, penalties costs, expenses, pre-judgment interest and

attorney fees.

JURY DEMAND

24. Plaintiff hereby demands a jury trial.

WHEREFORE, for the reasons stated above, Plaintiff respectfully requests that

Defendant City of Dallas be cited to appear and answer, and that on final trial of this matter,

Plaintiff receive the following:

a. Entry of Judgment in her favor and against Defendant for actual damages,

including pecuniary damages, back pay, front pay and compensatory damages;

b. Reinstatement to her position in the Dallas Police Department Personnel Division,

along with reinstatement to a position in which she is entitled to Detective’s pay;

c. All reasonable and necessary attorneys’ fees;

d. All costs of suit; and

e. Such other and further relief to which Plaintiff may be justly entitled, both at law

and in equity, whether specific or general.


Respectfully submitted,

BELLINGER & SUBERG, L.L.P.

By:

BARBARA L. EMERSON

State Bar No. 06599400

HAAKON T. DONNELLY

State Bar No. 24032133

10,000 N. Central Expy., Suite 900

Dallas, Texas 75231

Telephone: 214/954-9540

Facsimile: 214/954-9541

[email protected]

[email protected]

ATTORNEYS FOR PLAINTIFF

ALECIAH JACKSON

mailto:[email protected]

mailto:[email protected]

Aleciah Jackson vs. City of Dallas lawsuit

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