Professional Documents
Culture Documents
APRIL L. LAWRENCE, )
)
Plaintiff, )
) CASE NO. 3:19-cv-00217
v. )
) TRAUGER/NEWBERN
THE CITY OF LA VERGNE, and )
JASON COLE, MAYOR, ) JURY DEMAND
)
Defendants. )
ANSWER
Defendants, City of La Vergne and Jason Cole, by and through undersigned counsel, hereby answer
PARTIES
1. Based on knowledge and information these Defendants admit the allegations contained in
Paragraph 1.
4. These Defendants admit that in this action, Plaintiff is pursuing the claims referenced in Paragraph
4, pursuant to these statutes referenced therein, but denies that Plaintiff has suffered any deprivation
5. These Defendants admit this Court has jurisdiction and that venue is proper.
FACTS
10. These Defendants admit that the Plaintiff met with Cheryl Lewis-Smith on or around November
28, 2018. However, these Defendants lack sufficient information and knowledge to admit or deny
12. These Defendants admit the allegations contained in Paragraph 12, except that the Defendants
would like to clarify that the contents of the Plaintiff’s grievance were alleged claims.
13. This paragraph contains Plaintiff’s statement of the case and legal arguments to which no response
14. This paragraph contains Plaintiff’s statement of the case and legal arguments to which no response
15. These Defendants lack sufficient information and knowledge at this time to admit or deny the
16. These Defendants admit the allegations contained in Paragraph 16. Further, this allegation should
17. These Defendants lack sufficient information and knowledge at this time to admit or deny the
18. These Defendants lack sufficient information and knowledge at this time to admit or deny the
19. These Defendants lack sufficient information and knowledge at this time to admit or deny the
20. These Defendants admit the allegations contained in the first and second sentence of Paragraph 20.
These Defendants lack sufficient information and knowledge at this time to admit or deny the
22. These Defendants admit the allegations contained in Paragraph 22, except to clarify that the
23. These Defendants admit the allegations contained in Paragraph 23, except to clarify that the
24. These Defendants admit the allegations contained in Paragraph 24, except to clarify that the
Plaintiff has not fully cooperated with the request of the investigator.
26. These Defendants admit to the allegations contained in Paragraph 26, except to clarify that the
Plaintiff emailed Defendant Jason Cole on February 25, 2019 and requested to be returned to work.
27. These Defendants admit the allegations contained in Paragraph 27, except to clarify that the
Plaintiff was to remain on paid administrative leave until the investigation concluded.
Count I
Against City of La Vergne and Jason Cole
Violation of 42 U.S.C. § 1983/First Amendment Retaliation
34. These Defendants restate and incorporate by reference its response to the foregoing paragraphs.
36. This paragraph contains Plaintiff’s statement of the case and legal arguments to which no
38. These Defendants deny the allegations contained within Paragraph 38 and further state that the
Plaintiff has been placed on paid administrative leave and has not suffered an adverse employment
action.
39. These Defendants deny the allegations contained within Paragraph 39 and further state that the
40. These Defendants deny the allegations contained within Paragraph 40.
41. These Defendants deny the allegations contained within Paragraph 41.
42. These Defendants deny the allegations contained within Paragraph 42.
Count II
Against the City of La Vergne, Tennessee
Violation of PEPFA
43. These Defendants restate and incorporate by reference its response to the foregoing paragraphs.
44. Defendant, City of La Vergne, denies the allegations contained within Paragraph 44.
45. Defendant, City of La Vergne, denies the allegations contained within Paragraph 45.
46. Defendant, City of La Vergne, denies the allegations contained within Paragraph 46.
47. Defendant, City of La Vergne, denies the allegations contained within Paragraph 47.
48. These Defendants restate and incorporate by reference its responses to the foregoing paragraphs.
49. This paragraph states a legal conclusion to which no response by these Defendants is required.
50. This paragraph contains Plaintiff’s statement of the case and legal arguments to which no response
53. These Defendants deny the allegation that they committed unlawful acts. As to the remaining
allegations contained in Paragraph 53, these Defendants lack sufficient information and knowledge
Count IV
Against the City of La Vergne, Tennessee
Equal Pay Act
54. These Defendants restate and incorporate by reference its responses to the foregoing paragraphs.
55. Defendant, City of La Vergne, denies the allegations contained within Paragraph 55.
56. Defendant, City of La Vergne, denies the allegations contained within Paragraph 56.
57. Defendant, City of La Vergne, denies the allegations contained within Paragraph 57.
58. Defendant, City of La Vergne, denies the allegations contained within Paragraph 58.
Count V
Against the City of La Vergne, Tennessee
Fair Labor Standards Act
59. These Defendants restate and incorporate by reference its responses to the foregoing paragraphs.
60. Defendant, City of La Vergne, denies the allegations contained within Paragraph 60.
61. Defendant, City of La Vergne, admits the allegation contained within Paragraph 61.
62. Defendant, City of La Vergne, denies the allegations contained within Paragraph 62.
63. Defendant, City of La Vergne, denies the allegation contained within Paragraph 63.
64. This paragraph contains Plaintiff’s statement of the case and legal arguments to which no response
RELIEF REQUESTED
Defendants deny that Plaintiff is entitled to any relief requested in her Relief Requested or any
relief otherwise requested in her complaint. Defendants deny any and all allegations in Plaintiff’s Complaint
1. These Defendants assert that Plaintiff’s Complaint fails to state a claim upon which relief may be
granted.
2. These Defendants assert that no action or inaction on its behalf was the actual or proximate cause
of any deprivation of any right or interest afforded to the Plaintiff by the Constitution of the United
States, the Constitution of the State of Tennessee, or other applicable federal or state statute or law.
3. These Defendants assert the Plaintiff has not been subjected to any form of discrimination or
4. These Defendants assert that Plaintiff was never disciplined or denied any tangible job benefits or
5. Plaintiff’s claims against these Defendants pursuant to 42 U.S.C. § 1983 and the First Amendment
to the U.S. Constitution must be dismissed as these Defendants took no adverse action affecting
Plaintiff.
6. Defendant, Jason Cole, is entitled to qualified immunity in his individual capacity because he did
7. These Defendants assert that Plaintiff’s speech was not protected under the First Amendment as
8. Defendant, City of La Vergne, asserts that to the extent that the Plaintiff’s wage was less than that
of any similarly-situated-male employee the Defendant, the difference was because of: (i) a
seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality
of production; and/or (iv) any other factor other than sex, pursuant to the Equal Pay Act.
9. Any claims arising outside of the applicable statute(s) of limitations must be dismissed.
10. These Defendants request attorney’s fees as well as costs and expenses pursuant to the provisions
11. These Defendants specifically requests a jury of twelve (12) to hear this matter.
additional affirmative defenses as additional facts become available through further investigation
or discovery.
Having answered the Complaint and asserted their affirmative defenses, these Defendants pray
Respectfully submitted,
The undersigned hereby certifies that on this the 4th of April, 2019, a true and correct copy
of the foregoing has been forwarded to the following via electronic mail and/or the court’s
electronic filing system: