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FLIED IN CLERK'SOFFICE
U
.S.D.C
. Atlanta
~~
.
IN THE UNITED STATES DISTRICT COURT
SEP 052008
JAMES 7TEN, Cfe
,
k
By
:
D
e
pu ~
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
Defendants
.
in detail below, Defendants conspired to subject Roe to an unlawful pre-
RICHARD ROE,
an individual,Plaint
i
ff
,
V
.
CITY OF ATLANTA,
ATLANTA POLICE DEPARTMENT,
CADUCEUS OCCUPATIONAL
MEDICINE, LLC and
ALTON GREENS, MD
CIVIL ACTION FILE
NO
.
1
rv Trial De
m
and
e
COMPLAINT
Plaintiff, Richard Roe ("Plaintiff
'
or "Roe"), by his attorneys, files this
Complaint against Defendants, City of Atlanta, City of Atlanta Police Department,
Caduceus Occupational Medicine, LLC and Alton Greene, MD (collectively the
"Defendants"), and states as follows
:
NATU
R
E
O
F T
H
E ACT
IO
N
Richard Roe brings this action to remedy improper testing and employmentdiscrimination based upon his having tested positive for the HIV virus. As alleged
Case 1:08-cv-02799-MHS Document 1 Filed 09/05/08 Page 1 of 28
 
-2-
employment HIV test and have, acting in concert, denied him employment as an
Atlantaa police officer because of his disability
. Defendants did so despite the fact
that Roe is fully capable of performing all duties required of him as a police officer
and that he poses no safety risk in performance of this job
. Defendants' conduct
has harmed Roe and violated his right to be free from disability-based
discrimination, his privacy rights, and his right to equal protection of the laws
.
J
U
RI
SDI
C
TIO
N AN
D
VENUE
L This action is brought to remedy discrimination on the basis of
disability in violation of Title I of the Americans With Disabilities Act of 1990, as
amended, 42 U
.S
.C. §§ 12101
et seq
.
(the "ADA") and Section 504 of the FederalRehabilitation Act o
f
1973
, as a
mended
,
29
U
.
S
.
C
. §
794
et se
q
.
("Rehabilitation
Act")
. This action is also brought under 42 U
.S
.C. § 1983 and the United Statesand Constitution to remedy the violation of Roe's constitutional rights to privacyand equal protection
.
2. Roe timely filed a charge of discrimination against the City of Atlanta
Police Department with the Equal Employment Opportunity Commission
("EEOC") a
l
leging a violation of the ADA. A redacted copy of the EEOC chargeis attached as Exhibit A. On July 1, 2008, the EEOC issued a Notice of Right toSue in the United States District Court. A redacted copy of the Notice of Right to
Case 1:08-cv-02799-MHS Document 1 Filed 09/05/08 Page 2 of 28
 
-3-
Sue is attached as Exhibit B. Roe filed his Complaint within ninety days of hisreceipt of the Notice of Right to Sue
.
3
. This Court has jurisdiction pursuant to 28 U
.S
.C. §§ 1331, 1337,
1343
; 42 U
.S
.C. § 12117(a); and 29 U
.S
.C. §794(a)(2)
. Injunctive relief and
damages are sought pursuant to 42 U
.S
.C
.
§
12117(a)
; 29 U
.S
.C
. § 794 (a)(2); and
4
2 U
.
S
.
C
. § 1
983
.
4
. This Court has supplemental jurisdiction over Roe's state law claimspursuant to 28 U
.S
.C. § 1367, as these claims arise from the same common nucleusof operative facts from which the federal statutory and constitutional claims arise
.
5
. Venue is proper pursuant to 28 U
.S
.C. § 1391(b)
. This is the judicial
district where Roe and Defendants reside and where the practices alleged to be
unlawful were committed
.
P
A
RTIES
6. Plaintiff, Roe, is a Georgia resident, and is infected with the human
immunodeficiency virus
.
7. Defendant City of Atlanta is an employer and municipality in theState of Georgia
. The City of Atlantaa is responsible for the operations of the
Atlanta Police Department, including but not limited to the creation andimplementation of all policies and practices of the Atlanta Police Department
. The
Case 1:08-cv-02799-MHS Document 1 Filed 09/05/08 Page 3 of 28
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