moore complaint filed march 1 2011

8/2/2019 Moore Complaint Filed March 1 2011

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ARLENE C. MOORE3420 SHREWSBURY ROAD

ABINGDON, MD 21009

Plaintiff,

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THE UNITED STATES DISTRICT C 2 )I D ft c T O F I~Ai('f~~;i;FOR THE DISTRICT OF MARYLAND .)

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Civil Action No.

MARYLAND DEPARTMENT OF PUBLIC

SAFETY AND CORRECTIONAL SERVICES

PATUXENT INSTITUTION

7555 WATERLOO ROADJESSUP, MARYLAND 20794

Defendant.

COMPLAINT

COMES NOW Plaintiff, Arlene Moore and states as follows:

Ms. Moore had been a correctional officer at Patuxent Institution for 17 years.

Ms. Moore is a forty one (41) year old African American woman.

In November 2009, Ms. Moore went out on medical leave after being diagnosed

with breast cancer. While undergoing treatment, Ms. Moore contacted Patuxent

Institution on a weekly basis to inform them of her status.

On August 5, 2010, Ms. Moore informed Patuxent Institution that her doctor had

cleared her to return to work. However, on August 9, 2010, Ms. Moore was notified that

she had been terminated effective August 4,2010.

Case 1:11-cv-00553-CCB Document 2 Filed 03/02/11 Page 1 of 6


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EXHAUSTION OF ADMINISTRATIVE REMEDIES

1. The Plaintiff timely filed a complaint with the Equal Employment Opportunity

Commission (EEOC), Case No. 531-2010-01939.

2. The Plaintiff alleges a violation of the Americans with Disability Act (ADA) due to

breast cancer. EEOC issued a Right to Sue letter on February 15,2011.

JURISDICTION AND VENUE

3. This is an action for declaratory relief; injunctive relief, damages and to secure

protection of and to redress deprivation of rights secured by the Americans with

Disability Act of 1990, as amended.

4. This is an action for declaratory relief; injunctive relief, damages and to secure

protection of and to redress deprivation of rights secured by Section 504 of the 1973

Rehabilitation Act, Pub. L. No. 93-112, 87 Stat. 394 (Sept. 26, 1973), codified at 29

U.S.C. ~ 701 et seq., The federal government has provided Maryland's Department

of Public Safety and Correctional Services with grants under the American Recovery

and Reinvestment Act of 2009.

5. Venue is proper in the under 28 U.S.C. ~ 1391(b) and 42 U.S.C. ~ 2000e-5(t)(3).

PARTIES

6. Arlene Moore was employed as a correctional officer by Patuxent Institution, located

in Jessup, Maryland.

7. Patuxent Institution is correctional facility that is located in Jessup, Maryland.

CLAIM FOR RELIEF

8. Ms. Moore joined Patuxent Institution as a correctional officer in July 1993.

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9. For seventeen (17) years, Ms. Moore has been well liked by her colleague and has

consistently received satisfactory job performance evaluations.

10. In October 2009, Ms. Moore was diagnosed with Stage III breast cancer.

11. On November 15,2009, Ms. Moore went on medical leave to receive cancer

treatment.

12. Ms. Moore's cancer treatment included a mastectomy and radiation.

13. By December 2009, Ms. Moore exhausted all of her medical leave.

14. Ms. Moore applied for and received unpaid leave under the Family Medical Leave

Act (FMLA).

15. Ms. Moore also received donated leave from employees of the Maryland Department

of Corrections.

16. Ms. Moore received enough donated leave to take her through June 29, 2010.

17. Electra Davis, director of Patuxent Institution's Human Resources department, urged

Ms. Moore to apply for medical disability retirement.

18. Ms. Moore rejected Ms. Davis' suggestion.

19. Ms. Moore informed Ms. Davis that she expected to return to work upon completion

of her treatment.

20. On August 4,2010, Ms. Davis told Ms. Moore that she would be placed on unpaid

medical leave.

21. Ms. Moore learned that Ms. Davis was no longer allowing employees to donate leave

to Ms. Moore.

22. On August 5, 2010, Ms. Moore received clearance from her doctor to return to work.

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23. That day, Ms. Moore infonned Patuxent Institution that she could return to work on

August 13,2010.

24. However, on August 9, 2010, Ms. Moore was infonned by Patuxent Institution's HR

department that she had been tenninated, effective August 4,2010.

25. Ms. Moore would have to re-apply for a position through the Maryland Department

of Corrections' Central Hiring office.

26. Ms. Moore proceeded to re-apply the position of correctional officer through the

Department of Corrections' Central Hiring office.

27. In the meantime, due to her termination, Ms. Moore was able to apply for and receive

unemploYment benefits.

28. In December 2010, the Maryland Department of Corrections offered Ms. Moore a

correctional officer position at another correctional facility.

29. Ms. Moore reluctantly accepted the position.

30. Ms. Moore wishes to return to Patuxent Institution, where she worked as a

correctional officer for seventeen (17) years.

Count I

31. The Maryland Department of Corrections violated Ms. Moore's rights under the

Americans with Disability Act of 1990 when it failed to reinstate her

in August 2010 after she received clearance to return to work from her doctor.

Under the ADA, Ms. Moore should have been immediately reinstated by the

Maryland Department of Corrections.

Count II

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32. The Maryland Department of Corrections violated Ms. Moore's rights under Section

504 of the 1973 Rehabilitation Act, Pub. L. No. 93-112, 87 Stat. 394 (Sept. 26, 1973),

codified at 29 U.S.C. ~ 701 et seq. when it failed to reinstate her in August 2010 after

she received clearance to return to work from her doctor.

Emotional Pain and Suffering

33. The Maryland Department of Corrections terminated Ms. Moore after seventeen (17)

years of service.

34. Ms. Moore had undergone eight months of cancer treatment and had just been cleared

by her doctor to return to work.

35. Ms. Moore experienced anxiety and depression.

36. Ms. Moore continues to experience emotional pain and suffering, inconvenience,

mental anguish, loss of enjoyment of life, and other pecuniary and non pecuniary

losses.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays this court:

(a) Issue a declaratory judgment that Defendants acts, polices, practices and

procedures complained of herein-violated Plaintiffs rights as secured by the

Americans with Disability Act and Section 504 of the 1973 Rehabilitation Act,

and Order Defendant to make whole Plaintiff who has been adversely affected by

the policies and practices described herein in an amount to be shown at trial and

other affirmative relief, and

(b) Retain jurisdiction over this action to assure full compliance with the orders of

the court and with applicable law and require defendant to file such reports as

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the court deems necessary to evaluate compliance; and

(c) To award her reasonable attorney's fees and costs of this action; and

(d) Reinstate her to her former position with back pay; and

(e) Award Plaintiff compensatory damages, such as, emotional pain and suffering,

specifically embarrassment, humiliation, stress, anxiety, and inconvenience; loss

pay, and

(f) Grant such additional relief as the court deems just and proper; and

WHEREFORE, the premises considered, the Plaintiff demands judgment against the

Defendant in the amount of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00).

JURY DEMAND

Plaintiff demands a trial by jury.

Respectfully submitted,

Bryan A. Chapman Bar #01 274

Law Office of Bryan A. Chapman

325 Pennsylvania Avenue, S.E.

Washington, D.C. 20003

(202) 558-6168

Attorney for the Plaintiff

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moore complaint filed march 1 2011

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