Amended Complaint
Amended Complaint
Amended Complaint
MANUEL TORRES, )
)
Plaintiff, )
)
v. )
)
TRACY LYNN CARTER, in his ) FIRST AMENDED
official capacity as Lee County ) COMPLAINT
Sheriff; TOWN OF APEX, NORTH )
CAROLINA; TOWN OF SILER )
CITY, NORTH CAROLINA; and )
NIGHTHAWK COMPANY )
POLICE, LLC, )
)
Defendants. )
official capacity as Lee County Sheriff; Town of Siler City, North Carolina; Town
of Apex, North Carolina; and NightHawk Company Police, LLC, does hereby state
ACTION
officer employed by the Lee County Sheriff Office from October 2012 until his
Siler City, North Carolina (“Siler City”), the Town of Apex, North Carolina
as a result of his request for a religious accommodation from his employer from a
job duty that violated his sincerely held religious beliefs and in retaliation for his
to Title VII of the Civil Rights Act of 1964. Plaintiff seeks equitable and monetary
relief in the form of present and future lost wages and benefits, compensatory
damages for emotional distress and other injuries, and punitive and/or liquidated
5(f)(3) and 28 U.S.C. §§ 1331 and 1343. Plaintiff’s state law claim is properly before
this Court pursuant to 28 U.S.C. § 1367(a) because that state law claim is so related
to the claims in the action that are within the Court’s original jurisdiction that they
form part of the same case or controversy under Article III of the United States
Constitution. Each Defendant is an entity capable of being sued under both federal
and North Carolina law, and each further enjoys no immunity from the claims
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3. Venue is properly laid in this Court pursuant to 42 U.S.C. § 2000e-
5(f)(3) and 28 U.S.C. § 1391(b)(1), (b)(2), and (c), because it is a judicial district in
PARTIES
4. Plaintiff Torres, is and was at all times pertinent to this action, a citizen
of the United States and a resident of Sanford, Lee County, North Carolina. At all
for employment with Defendant Siler City, Defendant Apex, and Defendant
this action, Plaintiff was qualified for the positions he held and applied for.
5. Defendant Sheriff Tracy Lynn Carter holds the elected office of Sheriff
for Lee County, North Carolina, pursuant to N.C. Gen. Stat. Chapter 162, with all
the duties and responsibilities established in N.C. Gen Stat. Chapter 162, Article 3,
including the hiring and dismissal of deputies and other employees that help perform
his official duties in accordance with N.C. Gen. Stat. § 162-24. At all times relevant
to this action, defendant Sheriff Carter was an “employer” within the meaning and
N.C. Gen. Stat. § 160A-1, et seq., as defined and described in N.C. Gen. Stat. §160A-
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1(2). In the exercise of its statutory powers, Defendant Siler City has established and
At all times relevant to this action, Siler City acted through its managers and
policymakers, including its Chief of Police and City Manager, and the acts, edicts,
and practices of these persons represent the official policies of Defendant Siler City.
At all times relevant to this action, Defendant Siler City was an “employer” within
pursuant to Chapter 160A of the North Carolina General Statutes, as defined and
described in N.C. Gen. Stat. § 160A-1(2). In the exercise of its statutory powers,
Apex has established and operates the Apex Police Department (“APD”) as a
department of the municipal government. At all times relevant to this action, Apex
acted through its managers and policymakers, including its administrative chief of
police, town manager, and members of its town board; and the acts, edicts, and
practices of these persons represent the official policies of Defendant Apex. At all
times relevant to this action, Defendant Apex was an “employer” within the meaning
existing under the laws of the State of North Carolina at its principal place of
business at 3901 Barrett Drive, Suite 100, Raleigh, North Carolina. At all times
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relevant to this action, Defendant Apex was an “employer” within the meaning and
ADMINISTRATIVE PROCEDURES
with the Equal Employment Opportunity Commission (“EEOC”) in its Raleigh Area
Office in Raleigh, North Carolina. The plaintiff’s EEOC Charge No. 433-2018-
00419 alleged that the LCSO had engaged in unlawful religious discrimination and
retaliation against him in the denial of his requests for religious accommodations.
10. On April 29, 2019, the EEOC issued its Notice of Right to Sue
thereafter.
11. On or about July 16, 2018, Torres filed a Charge of Discrimination with
the EEOC in its Raleigh Area Office in Raleigh, North Carolina. The plaintiff’s
EEOC Charge No. 433-2018-02466 alleged that Defendant Siler City had engaged
12. On April 29, 2019, the EEOC issued its Notice of Right to Sue
thereafter.
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13. On or about July 23, 2018, Torres filed a Charge of Discrimination with
the EEOC in its Raleigh Area Office in Raleigh, North Carolina. Plaintiff’s EEOC
Charge No. 433-2018-02999 alleged that the Defendant LCSO had engaged in
unlawful retaliation against him for his participation in an activity protected by Title
VII.
14. On April 29, 2019, the EEOC issued its Notice of Right to Sue
thereafter.
15. On or about July 23, 2018, Torres filed a Charge of Discrimination with
the EEOC in its Raleigh Area Office in Raleigh, North Carolina. Plaintiff’s EEOC
Charge No. 433-2018-03011 alleged that the Town of Apex Police Department had
retaliated against him for his filing his original charges against Defendant LCSO.
16. On April 29, 2019, the EEOC issued its Notice or Right to Sue
received thereafter.
17. On or about July 23, 2018, Torres filed a Charge of Discrimination with
the EEOC in its Raleigh Area Office in Raleigh, North Carolina. Plaintiff’s EEOC
Charge No. 433-2018-03012 alleged that NightHawk had retaliated against him for
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18. On August 29, 2019, EEOC issued its Dismissal and Notice of Suit
received thereafter.
19. Plaintiff has exhausted all his administrative remedies prior to bringing
this action and this First Amended Complaint has been timely filed with this Court.
20. Plaintiff has complied with all conditions precedent prior to bringing
this action.
FACTUAL ALLEGATIONS
22. Torres has been certified as a sworn law enforcement officer by the
State of North Carolina, pursuant to N.C. Gen. Stat. § 17C-2, since 2010.
23. Torres holds to Christian religious beliefs and regularly attends and
24. Torres holds the strong and sincere religious belief that the Holy Bible
prohibits him, as a married man, from being alone for extended periods with a female
25. Plaintiff began his employment with Defendant LCSO in October 2012
and most recently held the position of County Deputy (Corporal) until on or around
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26. During the course of his employment with the LCSO, Plaintiff was
ordered to train a female deputy, which would include the requirement that he spend
significant periods of time alone in his patrol car with the female officer trainee.
27. The job duty of training female deputies, in such a manner, violates
Plaintiff’s religious beliefs against being alone for periods of time with female(s)
who is/are not his wife and leaving the appearance of sinful conduct on his part.
28. On or around July 19, 2017, Torres verbally requested of Sgt. Oldham
a religious accommodation from his assigned job duty of training a female deputy
alone.
29. Through the next few weeks, Sgt. Oldham alternately granted and
accommodation request with his superiors, Lt. Smith and Capt. Estes, who each
31. Because Deputy Torres took his request for religious accommodation
up the established chain of command, Sgt. Oldham failed to respond Torres’s call
which Torres had to tase two fighting suspects, and a gun was present on the scene.
An officer from a neighboring jurisdiction finally offered backup for Torres when
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32. On September 6, 2017, Chief Butler, one of Torres’s superior officers,
talked to Deputy Torres about his religious accommodation request and expressed
his anger over Torres’s religious accommodation requests and his religious beliefs
against being alone with a female who was not his wife.
Butler informed Plaintiff that his services were no longer needed by LCSO, thus
35. Since the date Plaintiff requested a religious accommodation and filed
his EEOC charges of discrimination and retaliation against LCSO, LCSO has
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Defendant Siler City (EEOC Charge No. 433-2018-02466)
individuals for the position of Patrolman with the Siler City Police Department.
38. When asked by the interviewers why he had been dismissed from the
LCSO, Torres explained to Siler City interviewers that he had requested from LCSO
sincere religious beliefs, that the accommodation had been granted and revoked, and
that, after he had complained about the denial of the accommodation, he was
terminated with the sole explanation that his services were no longer needed.
39. Two of the interviewers indicated to Torres that Siler City would not
40. Siler City conditionally offered Torres the patrolman position pending
41. Between October 2017 and January 2018 Deputy Torres completed
physical, TB test, pre-hire requirements, was given and qualified on his duty
check.
42. On, January 30, 2018, after Plaintiff filed his first EEOC Charges
against LCSO, Siler City rescinded the already extended job offer because of
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information about Plaintiff’s requests for religious accommodation and
43. Defendant Siler City then hired a patrolman, a white male under the age
of 40.
44. On October 25, 2017, Plaintiff interviewed with the Town of Apex
personal references.
47. APD Officer English met with Defendant LCSO at which time, upon
information and belief, LCSO gave Officer English false information about
Plaintiff’s requests for a religious accommodation under Title VII and about
49. After Defendant Apex learned of, and because of, Plaintiff’s religious
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Defendant NightHawk (EEOC Charge No. 433-2018-03012)
was no longer employed by Defendant LCSO, Plaintiff replied that he had requested
a religious accommodation from Defendant LCSO and that LCSO had thereafter
terminated him.
52. When asked if Plaintiff had any legal actions pending against LCSO,
Plaintiff informed Defendant NightHawk’s Hiring Manager that Plaintiff had filed
prohibited the company from hiring anyone with pending litigation, but that he
would hire Plaintiff as soon as his charges against LSCO were resolved.
COUNT I:
Title VII Claim for Religious Discrimination
(Against Defendant LCSO)
forth herein.
55. Plaintiff has a sincerely held religious belief against working alone in
his patrol car in isolated areas with a female who is not his wife.
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56. LCSO’s job requirement that Plaintiff train and be alone for significant
periods with a female deputy violates Plaintiff’s sincerely held religious belief.
57. Plaintiff repeatedly informed Sgt. Oldham, Lt. Smith, and Capt. Estes
of his religious belief and asked those supervisors and superiors for a religious
accommodation of the belief with regard the job duty of training and being alone
Plaintiff’s work days, but then, without demonstrating any reason for doing so,
request for religious accommodation and continued to mandate his training a female
60. Defendant LSCO fired Plaintiff because of his religious beliefs and
civil rights, Plaintiff has suffered damages, including loss of income and benefits;
loss of quality and enjoyment of life; loss of reputation; and other damages to be
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COUNT II:
Retaliation Under Title VII
(Against All Defendants)
forth herein.
accommodation from being required to train and ride alone with a female deputy in
accommodation from this mandatory job duty, following the LSCO chain of
command for making his accommodation requests, Defendant LSCO fired him.
religious accommodation from a job duty that violated his sincerely held religious
67. After Plaintiff told Defendant Siler City that LCSO terminated him
position as patrolman.
68. During the period Plaintiff was completing the job and background
check requirements for the job that Siler City had offered him, Plaintiff filed his Title
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VII discrimination and retaliation charge 433-2018-00419 against LCSO with the
EEOC.
69. Once Defendant Siler City learned that Plaintiff had filed
discrimination and retaliation charges against LCSO, Defendant Siler City told
70. Plaintiff also applied for a law enforcement position with Defendant
71. After Plaintiff applied for a position with Defendant Apex and had
successfully completed the required background check and lie detector test, an APD
employee then met privately with an LCSO employee who relayed to Defendant
application, despite his being qualified for the position applied for, because
Defendant Apex had been informed by Defendant LSCO that Plaintiff had exercised
charges.
73. Plaintiff applied for a private police officer position with Defendant
NightHawk.
74. Once Defendant NightHawk learned that Plaintiff had filed religious
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informed Plaintiff that it would not hire him while his Title VII religious
Defendants LCSO, Siler City, Apex, and NightHawk, Plaintiff has suffered
damages, including loss of income and benefits; loss of quality and enjoyment of
life; loss of reputation; and other damages to be proven at trial. Plaintiff is entitled
COUNT III:
Termination in Violation of North Carolina Public Policy
(Against Defendant LCSO)
forth herein.
77. It is the public policy of the State of North Carolina that all persons
abridgment on account of race, religion, color, national origin, age, sex, or handicap
employer within the meaning of N.C. Gen. Stat. § 143-422.2 et seq., and enjoys no
lawful immunity from suit for violation of the protections expressed in this Act.
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80. In contravention of the North Carolina Equal Employment Practices
Act, N.C. Gen. Stat. § 143.422.2, and North Carolina common Law, Defendant
1. Declare that the termination and other adverse actions against Plaintiff
1964 (42 U.S.C. §§ 2000e et seq.) and also (as to Defendant LCSO)
state law;
loss of past, present, and future lost wages and other benefits, as well
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4. Order Defendants to pay to the Plaintiff punitive damages as provided
law;
8. Grant such additional and further relief to the Plaintiff as the Court
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Telephone: (336) 707-8855
Fax: (919) 584-8373
[email protected]
CERTIFICATE OF SERVICE
The undersigned certifies that on December 17, 2019, the First Amended
Complaint was electronically filed with the Clerk of the Court, using the Court’s
CM/ECF electronic service system, which will send notification of such filing as
follows:
Paul S. Holscher
Janean B. Dunn
Jackson Lewis P.C.
3737 Glenwood Avenue, Suite 450
Raleigh, NC 27612
[email protected]
[email protected]
Attorneys for Defendant Town of Apex
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[email protected]
Attorneys for Defendant Town of Siler City
Bradley O. Wood
Womble Bond Dickinson (US) LLP
One West Fourth Street
Winston-Salem, NC 27101
[email protected]
Attorney for Defendant Tracy Lynn Carter
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