Murray V Fouts
Murray V Fouts
Murray V Fouts
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Plaintiff,
v.
JURY DEMAND
CITY OF WARREN, MAYOR JAMES
FOUTS, AND FORMER POLICE
COMMISSIONER JERE GREEN,
Defendants.
______________________________________________________________________________
PLLC, for his Complaint against Defendant City of Warren; Mayor James Fouts,
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1. This is an action under Title VII of the Civil Rights Act of 1964, as amended,
42 U.S.C. § 2000e, et seq. (“Title VII”), and Title I of the Civil Rights Act of
that altered the terms and conditions of his employment because of his race.
Plaintiff further alleges that these actions deprived his of certain civil rights to
which he was entitled, in violation of Section 1981 of the Civil Rights Act of
1866, 42 U.S.C. § 1981, and Section 1983 of the Civil Rights Act of 1871, 42
U.S.C. § 1983.
U.S.C. § 1988.
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PARTIES
5. Plaintiff was the first African American Diversity and Inclusion Coordinator to
6. At all times herein, all the individually named and identified Defendants acted
7. At all times herein, all the individually named and identified Defendants acted
8. At all times herein, Defendants attempted and, indeed, did deprive Plaintiff of
his rights to make and enforce his contract of employment, such as is enjoyed
9. At all relevant times, each Defendant has been an “employer” of Plaintiff within
10. At all relevant times, Plaintiff has been an “employee” of Defendants within
11. Since Plaintiff’s employment began as the first African American Diversity and
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and other conduct by the Defendants Mayor Fouts and other department heads.
practices customs and policies against African Americans. That custom, policy,
and practice of racial discrimination has been publicly evidenced, for example,
13. The customs, practices, and policies of unlawful racial and gender
fire department, has also been evidenced by its failure to correct, discipline,
retrain and/or supervise the individual Defendants herein, the Warren Police
notice and knowledge provided to the highest level and final policy makers
within the Department—of the following series of events, among others, and
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15. Because of Defendant City of Warren history of past customs, practices, and
unlawful racial, gender, and other discrimination and develop training and
16. Plaintiff was additionally charged to promote diversity and inclusion in the City
of Warren work force, including the police department, the fire department and
all other city departments and functions by developing and enforcing policies
and programs to attract, retain and promote a diverse work force in which
in the police department, the fire department and other city departments and
18. When Plaintiff began to investigate the following incidents, his efforts were
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against her until several weeks after the incident. Due to the severity
was imposed only after she had received her annual longevity
(bonus) check.
worker Desheila Howlett that she looked like the image on the
discipline appropriate to the serious nature of the racial discrimination and animus,
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Shawn Johnson’s racial misconduct was swept under the rug and nearly a year-and-
a-half after the incidents, Johnson attended a one-day diversity training with
Plaintiff.
violations and found that the Warren police did indeed violate civil
police chief, and the City Attorney. Defendant Fouts demanded that
rights violations.
station’s “house nigger”. The official was not disciplined for this
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of Warren.
19. When addressing the institutional racism and the lack of training within the
Defendant City of Warren, Plaintiff was ignored then retaliated against even
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the Defendant City of Warren and City of Warren Police and Fire Departments.
Plaintiff was told by Defendant Fouts to ignore it until after the elections
because Warren voters might vote the Defendant Mayor Fouts out of office if
21. Plaintiff identified and reported to former Police Chief Green that unlawful
22. It is not surprising that the Defendant City of Warren was not addressing illegal
COUNT I
Violation of Title VII – Discrimination Based on Race
24. At all relevant times, there was in effect a federal statute, the Civil Rights Act
25. Defendants were aware, or should have been aware, of Title VII and that it is
27. This illegal discrimination created a hostile and abusive work environment for
Plaintiff.
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28. Defendants’ actions as set forth above were willful, intentional and/or made in
VII.
31. Plaintiff was retaliated against for engaging in protected activities, including
but not limited to civil rights investigations and insisting on compliance with
32. As a direct and proximate result of the unconstitutional and illegal acts of the
COUNT II
Violation of 42 U.S.C. §1983 – Fourteenth Amendment Equal Protection
34. At all times herein, the individually named and identified Defendants herein
intentionally discriminated against the Plaintiff based on his race in all manner
35. As a direct and proximate result of the unconstitutional acts of the Defendants
protection of the law and, as a result, is entitled to damages as set forth in the
COUNT III
Violation of 42 U.S.C. §1983 – Fourteenth Amendment Due Process
37. At all times herein Defendants owed to Plaintiff a duty to protect his both from
38. Defendants purposely refused and failed to provide the necessary help and
39. The Defendants aforementioned failure and refusal was based on the antagonism
40. In so doing the Defendants purposely refused and failed to provide the necessary
41. As a direct and proximate result of the unconstitutional acts of the Defendants
protection of the law and, as a result, is entitled to damages as set forth in the
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COUNT IV
Violation of 42 U.S.C. §1983 – Monell Liability – City Of Warren
43. At all times herein, the Defendant City of Warren maintained a series of
a moving force in the constitutional violations asserted herein, including but not
limited to:
disabilities.
44. These customs, policies, and practices of the Defendant City of Warren were a
45. As a direct and proximate result of the unconstitutional acts of the Defendants
protection of the law and, as a result, is entitled to damages as set forth in the
COUNT V
Violation of 42 U.S.C. §1985 – Conspiracy Invidious Racial Animus
47. At all times, herein, these Defendants agreed and conspired to violate the
48. This agreement and conspiracy, and the actions undertaken pursuant to this
agreement and conspiracy, were so done based upon an invidious racial animus
49. As such the Defendants violated Plaintiff’s rights that are guaranteed and made
50. As a direct and proximate result of the unconstitutional acts of the Defendants
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protection of the law and, as a result, is entitled to damages as set forth in the
COUNT VI
Violation of 42 U.S.C. §1981 – The Right To Make And Enforce Contracts
52. At all times herein the Plaintiff had entered into a contract of employment with
53. These Defendants undertook, instead, to turn that contract into an employment
situation wherein the Plaintiff was subjected to a racially hostile and toxic work
environment that inflicted upon his humiliation, and racism, as set forth above
herein–whereby his right to make and enforce his contract with the City of
where Plaintiff’s rights were far less than and not the same as those enjoyed by
54. As a direct and proximate result of the unconstitutional acts of the Defendants
as alleged herein, Plaintiff has sustained a violation of his right to make and
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COUNT VII
COMMON LAW BREACH OF CONTRACT
56. At all times herein the Plaintiff had entered into a contract of employment
57. That Defendant City of Warren breached that contract by adding additional
duties to Plaintiff’s job that were not include in the contract job description,
refusing to allow Plaintiff to do his job that was defined in the job description
and thwarting his ability to institute policy and procedure that would address
58. That Defendant City of Warren and Mayor Fouts breached the contract with
alleged herein, Plaintiff has sustained damages as set forth in the damages
COUNT VIII
PROMISSORY ESTOPPEL
61. Defendant City of Warren and Defendant Mayor Fouts made a clear and
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that exist at the Defendant City of Warren Police, Fire and other
departments.
62. Plaintiff reasonably and justifiably relied on said promises and put his trust
in Defendant City of Warren and Defendant Mayor Fouts that it would fulfill
its promises.
63. Defendant City of Warren and Defendant Mayor Fouts did not perform its
promise to allow Plaintiff to address the institutional racism that exist in the
Defendant City of Warren’s Police, Fire and Other Departments, being more
alleged herein, Plaintiff has sustained damages as set forth in the damages
COUNT IX
VIOLATION OF MICHIGAN ELLIOT-LARSEN CIVIL RIGHTS
ACT- DISPARATE TREMANT
67. At all relevant times, Plaintiff was an employee and Defendants were an
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68. At all relevant times, under the ELCRA, Plaintiff had a right to employment
that predisposition.
70. Defendants, through its agents, representatives, and employees, treated Plaintiff
71. As a direct and proximate result of Defendant’s unlawful actions, Plaintiffs have
COUNT X
VIOLATION OF MICHIGAN ELLIOT-LARSEN CIVIL RIGHTS ACT
73. At all relevant times, Plaintiff was an “employee” and Defendant was an
75. Plaintiff complained about the unwelcome conduct, stating that it was based on
76. The Defendant violated Plaintiff’s rights under the ELCRA by allowing the
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77. As a direct and proximate cause of Defendant’s unlawful actions, Plaintiff has
COUNT XI
VIOLATION OF MICHIGAN ELLIOT-LARSEN CIVIL RIGHTS ACT
RETALIATION
79. Defendants retaliated against Plaintiff for filing complaints regarding Defendants’
81. As a direct and proximate result of Defendant’s actions, Plaintiff has suffered and
WHEREFORE, Plaintiff request that this Court enter judgment against Defendants,
b. Front-pay;
be entitled;
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h. Such other and further relief that the Court deems appropriate.
Respectfully submitted,
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GREGORY MURRAY,
Plaintiff,
v.
CITY OF WARREN;
Defendants.
Respectfully submitted,
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CERTIFICATE OF SERVICE
I hereby certify that on October 14, 2019, I presented the foregoing paper
to this Court’s ECF System which will send notification of such filing to
the above listed attorneys of record.
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