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Elliot Monteverdes-Tores DISD Lawsuit

Elliot Monteverdes-Tores DISD Lawsuit

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Published by: The Dallas Morning News on Sep 04, 2012
Copyright:Attribution Non-commercial

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07/10/2013

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1
ORIGINAL
CAUSE
NO.
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ELLIOT MONTEVERDE -TORRES, § IN THE COUNTY COURT
§
M.
Plaintiff,
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§v. § AT LAW NODALLAS INDEPENDENT SCHOOL §DISTRICT, §§Defendant. § DALLAS COUNTY, TEXASPLAINTIFFS ORIGINAL PETITIONI.INTRODUCTION
Plaintiff Elliot Monteverde-Torres (Plaintiff) files this Original Petition (Petition) againstDefendant Dallas Independent School District (DISD) (Defendant) and respectfully
shows the
following.
II.
DISCOVERY CONTROL PLAN
1.
Plaintiff intends to conduct discovery
under
Level 3 of Texas Rule of
CivilProcedure
190.4.
III.
PARTIES
2.
Plaintiff is an individual and a resident of Dallas County, Texas.
3.
Defendant is an independent school district organized
under the laws of the
Stateof
Texas.
Defendant may be served
with
process, including citation and a copy
of
this
lawsuit,by
serving Defendant's Superintendent
of Schools, Mike
Miles, 3700
Ross Avenue,
Dallas,Texas 75204, or wherever Defendant may be found.Plaintiffs Original Petition Page 1
 
IV.JURISDICTION
4.
The Court has jurisdiction
over this
action because the
amount in
controversy,exclusive of interest and costs, is within the jurisdictional limits of the Court.
V.VENUE5. Venue is proper in
Dallas County because (a) Defendant's principle place
of
business is in Dallas County,
1
and (b) all or a substantial part of the events and omissions givingrise to
Plaintiffs
claims occurred in Dallas County.
VI.BACKGROUND FACTS6. Plaintiff worked
for
Defendant
 from
 October
2007 until
June
2012.
7. Plaintiff was a General Education teacher at Botello.8. Plaintiff
first filed a
Charge of Discrimination with the
Texas
WorkforceCommission on
April
24,
2012,
to
report discrimination and retaliation9.
by
Angel
McKoy
(McKoy),
Principal
of
F.G. Botello Elementary
(Botello).
10.
Since March
2011,
Plaintiff has been subjected to harassment, discrimination,
and
retaliation based on
his
race/ethnicity (Hispanic/Latino), national origin
(Puerto Rico),
andgender (male), by Angel McKoy (African-American).
11.
In
November 2010, McKoy became the principal at Botello.
12.
Shortly after McKoy joined Botello, the harassment and discrimination began.
1
TEX. CIV. PRAC.
&
REM. CODE
§
15.002(a)(2).
2
TEX. CIV. PRAC.
&
REM. CODE
§
15.002(a)(1).Plaintiffs Original Petition Page 2
 
13.
On February
15,2011,
Piamtiff was reprimanded by McKoy and placed on athirty-day probation for "inappropriate classroom management."
14.
On March 21, 2011, he fried his first grievance pursuant to Defendant's policycontesting the thirty-day probation.
15.
McKoy immediately began to retaliate against him.
16.
In the Spring of
2011,
McKoy came to
Plaintiffs
classroom and reprimanded himfor speaking in Spanish to his bilingual students during a math class.
17.
During the time his first grievance was pending, McKoy retaliated anddiscriminated against Plaintiff by denying him access to his classroom for a span of two months,forcing him to conduct his class down the hallway and demoting him to an assistant position,reporting to an
African-American
colleague.
18.
Further, McKoy rated him "Below Expectations" in one category of his PDASappraisal, which reduced his rating from "Exemplary" to "Proficient."
19.
In May
2011,
McKoy informed Plaintiff that he would no longer teach 4
th
gradeand moved an African-American teacher, who had just been hired the year before, into
Plaintiffs
4
th
grade teaching position.
20.
McKoy then assigned Plaintiff
to
a
3
1
grade teaching position for the upcomingschool year (2011-2012), where there were already three bilingual teachers.
21.
Plaintiff pursued his first grievance against McKoy to the highest level possiblewith
DISD.
22.
When the grievance was decided in August
2011,
Plaintiff
filed a petition with theCommissioner of Education in September
2011.
23.
McKoy then continued her harassing, discriminatory, and retaliatory actions.
Plaintiffs Original Petition Page 3

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