Abner Vs Knox Schools

Case: 6:18-cv-00307-REW Doc #: 1 Filed: 12/03/18 Page: 1 of 14 - Page ID#: 1
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF KENTUCKY
LONDON DIVISION
MELINDA ABNER, )
)
Plaintiff, )
)
vs. ) CAUSE NO. 5:18-mc-99999
)
KNOX COUNTY BOARD )
OF EDUCATION )
)
)
Defendant. )
)
COMPLAINT AND DEMAND FOR JURY TRIAL
I. NATURE OF THE CASE
1. Plaintiff, Melinda Abner (“Abner”), by counsel, brings this action
against Defendant, Knox County Board of Education (“Defendant”) alleging
violations of the Americans with Disabilities Act of 1990 (“ADA”), as amended, 42
U.S.C. § 12101 et seq.; Title VII of the Civil Rights Act of 1964, as amended, 42
U.S.C. § 2000e, et seq. and Kentucky Civil Rights Act (“KCRA”).
II. PARTIES
2. Abner is a resident of Laurel County in the Commonwealth of
Kentucky, who at all times relevant to this action resided within the geographical
boundaries of the Eastern District of Kentucky.
3. Defendant maintains offices and conducts business within the
geographical boundaries of the Eastern District of Kentucky.
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III. JURISDICTION AND VENUE
4. Jurisdiction is conferred on this Court over the subject matter of this
litigation pursuant to 28 U.S.C. §1331; 28 U.S.C. § 1343; 29 U.S.C. § 2617(a)(2); 42
U.S.C. § 12117; and 42 U.S.C. § 2000e, et seq.
5. Defendant is an “employer” as that term is defined by 29 U.S.C.
§2611(4), and 42 U.S.C. § 12111(5)(A).
6. Beginning in or about 2006 and continuing until present, Abner is an
“eligible employee” as that term is defined by 29 U.S.C. §2611(2).
7. Abner was an “employee” as that term is defined by 42 U.S.C. §
12111(4).
8. Abner satisfied her obligation to exhaust her administrative remedies
having timely filed a Charge of Discrimination with the U.S. Equal Employment
Opportunity Commission against Defendant alleging discrimination because of her
disability and sex; and retaliated by creating a hostile work environment for Abner
because of her disability and sex. Abner received her Notice of Suit Rights and
timely files this action.
9. Defendant employs more than two hundred (200) employees.
10. A substantial part of the events, transactions, and occurrences relevant
to this lawsuit arose within the geographical environs of the Eastern District of
Kentucky; thus, venue is proper in this Court.
IV. FACTUAL ALLEGATIONS
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11. Abner was hired by Defendant in or around 2005. In or around 2013,
she moved into a new position as a special education teacher at the Lynn Camp
School’s high school.
12. Abner’s direct supervisor was Principal Anthony Pennington
(“Pennington”).
13. At all relevant times, Abner was qualified for her position and met or
exceeded Defendant’s legitimate performance expectations.
14. Beginning in or around 2014, Pennington engaged in repeated sexual
harassment of Abner, including stating/sending inappropriate sexual remarks and
request, placing his hands on Abner’s body, pulling Abner onto his lap, and pushing
his erect penis against her.
15. Abner has repeatedly rejected Pennington’s advances, which led to
Pennington’s retaliation against Abner. In response, Pennington retaliated against
Abner by taking actions that include, but are not limited to, threatening her job,
monitoring her actions, assigning her difficult and disproportionate amount of work,
and refusing to provide reasonable accommodations required for her disabilities.
Principal Pennington’s harassment and retaliatory actions continued until
September 2018.
16. Abner suffers from fibromyalgia, migraines, anxiety, and irritable
bowel syndrome. The conditions individually and in conjunction meet the definition
of disability under the Americans with Disabilities Act.
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17. In or around January 2017, Abner requested reasonable
accommodations to permit her to continue to perform the essential functions of her
job notwithstanding the symptoms of her disabilities. Kristen Parsons (“Parsons”),
Defendant’s 504 Coordinator, met with Abner to address the requested
accommodations, but only belittled and bullied Abner during the process. Although
Defendant agreed to many of the requested accommodations in or around May 2017,
Parsons ignored some of Abner’s requests and made fun of her for others. Abner’s
accommodation stating she would be provided with a quiet room to go to that is free
of loud noises was never provided. Knowing of Abner’s sensitivities and this
accommodation request, Defendant retaliated against Abner by forcing her to share
a room with the music teacher, which was noisy and harmful to Abner’s disabilities.
Upon Abner’s request to be relocated to a different classroom, Defendant only offered
her a classroom full of filing cabinets, boxes, and chairs stacked dangerously high, in
which Defendant refused to clear out and make safe.
18. Defendant also conditioned granting of the requests on Abner
complying with requirements not imposed on other, non-disabled employees.
Defendant also failed to actually provide the accommodations.
19. Additionally, after Abner requested accommodations, Principal
Pennington retaliated against Abner and harassed her because of her requests for
accommodation, from the day she requested the accommodations until Abner was
forced to take extended sick leave due to the hostile environment, on October 11,
2017.
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20. Specifically, Abner requested to be late for work and leave work early
as needed when she experienced symptoms of her disabilities. When forced to miss a
portion of the day due to her disabilities, she requested to be able to complete her
work from home. She also requested to be excused from after-school activities, such
as attending ball games and teacher’s meetings, and to be provided notes by email
from any such meeting. None of these accommodations would have interfered with
Abner’s ability to perform all essential functions of her job, nor would they have
caused an undue burden on Defendant.
21. In response, Defendant required Abner to report each incident to a
supervisor, use sick leave, and make up time missed. Non-disabled and male
teachers are not required to report late arrival or early departure or use sick leave or
make up time they miss when they leave early.
22. In Fall 2017, Principal Pennington assigned Abner to almost twice the
number of special education students and more than three times the number of
substitutions for other teachers than in the previous year, although substituting was
not a normal part of Abner’s duties. When substituting, Abner was unable to leave
the school campus early and work from home when sick. Defendant assigned Abner
to twice the number of early-morning assignments she had the prior year, which
meant she was required to arrive early, rather than late as requested. Principal
Pennington also changed Abner’s planning period from sixth period to fifth period, so
that Abner was unable to leave the campus early when needed, to avoid illness.
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Defendant also assigned Abner to at least two after-school activities in August and
September 2017.
23. Abner also requested that she work without extreme temperatures,
that she have her own space to work in quiet, that she be subject to reduced noise
and stress, and that she work close to an employee restroom. None of these
accommodations would have interfered with Abner’s ability to perform all essential
functions of her job, nor would they have caused an undue burden on Defendant.
24. However, in Fall 2017, Defendant assigned Abner to a classroom that
would be shared with another teacher and his class and then moved Abner to a
classroom with no air conditioning or heat. Abner asked for a fan, but Defendant did
not supply a fan. The principal claimed the school was building a classroom with a
bathroom for her, but this was untrue. The principal was mocking Abner and her
need for a bathroom. A male, non-disabled special education teacher was assigned to
his own classroom, with temperature control, next to a bathroom, instead of
assigning Abner to that classroom. Abner asked to be moved to an available
classroom next to the other special education teacher’s classroom, but this request
was denied. When assigned to substitute for other teachers, Abner was often
required to work in hot and noisy environments. The principal also assigned Abner
to a schedule that did not permit her to meet her students’ legally required special
education needs.
25. After Abner requested accommodations, Pennington ignored her,
berated her and treated her angrily, and reprimanded her for being one minute late
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– even if she was helping students get to class or retrieving items from her vehicle.
Pennington watched her movements on the school’s video monitoring system and
questioned her about times she left a classroom or went to the restroom when she
was sick. He also criticized and embarrassed her in front of other educators. Often
when Abner arrived late to work, an assistant principal, on the principal’s behalf,
reprimanded her for being late, despite her accommodations. Non-disabled and male
teachers are not subject to the same scrutiny.
26. In or around Fall 2017, Principal Pennington took away Abner’s ability
to sign out as she left, and instead required her to personally see him before leaving
early. This caused Abner additional stress and delay in leaving the workplace.
27. On or about October 3, 2017, Defendant placed Abner on a corrective
action plan, for being late and failing to attend after-school activities, despite
Abner’s requested accommodations.
28. During the corrective action meeting, Abner experienced flare-ups
relating to her disabilities, which resulted in her having to promptly leave the
meeting. As a result of her quick exit, Abner’s purse was given to her by the
Assistant Principal. Abner was told by the Assistant Principal to not worry about
her remaining items in the meeting room, which included a student folder.
29. On the following school day, October 10, 2017, Defendant reprimanded
Abner for allegedly leaving the folder “out in the open.” This false accusation
exacerbated Abner’s disabilities, which required her to leave work for the rest of the
school day.
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30. On October 11, 2017, Principal Pennington informed Abner she would
need to use sick leave for time she had missed the prior day. Non-disabled and male
teachers are not required to use sick leave when they only miss a portion of a school
day.
31. As a result of the hostile environment created by Defendant, combined
with the Defendant’s failure to provide Abner with reasonable accommodations
necessitated by her disabilities, the symptoms relating to her disabilities worsened.
This caused Abner’s medical provider to place her on sick leave for one year
beginning on October 11, 2017.
32. On or about August 2, 2018, returned to work with Defendant. Upon
her return, Defendant’s harassment and retaliation of Abner started immediately.
Abner was relocated and demoted from her classroom in the high school to a shared
classroom in the elementary school. Abner was not allowed to take the desk,
computer, or personal items from her high school classroom, however, people without
disabilities have always been permitted to take these things when assigned to a new
classroom. Abner shared her elementary school classroom with two other teachers.
The desk Defendant provided Abner was full of dead cockroaches while the other two
teachers were provided executive style desks and supplies.
33. Upon returning to work, Abner was forced to share a room with two
special education teachers while Defendant provided a new teacher with his own
classroom. Students of special education teachers routinely gathered and were
serviced in one room throughout the day. Abner was required to take her students
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outside to service them, which was not requirement for teachers without disabilities.
After several attempts to obtain a room to service her students in, as opposed to
outside, Defendant instructed Abner to use the band room.
34. Immediately after returning in August 2018, Pennington, who works at
the high school, goes to the elementary school every morning to watch and harass
Abner as she enters the building. In addition, Pennington was assigned to work
morning foyer duty in the elementary school with Abner.
35. In or around September 2018, Abner injured her rotator cuff, neck, and
back while in the band room servicing her students. As a large filing cabinet pushed
by a student was falling down, Abner stuck her arm out to catch the cabinet to keep
a nearby student from being injured. As a result of the injuries to her rotator cuff,
neck, and back, Abner has missed many days of work due to doctor appointments
and mandatory treatment of her injuries. Upon her return in August 2018,
Defendant refused to offer Abner health insurance until January 2019. However,
Defendant has never denied or delayed health insurance coverage to any of its
employees, including new hires.
36. Defendant further retaliated against Abner by assigning her a schedule
with an excessive work load that allows no time for lunch or planning. Employees
without disabilities are assigned schedules that allow time for lunch and planning.
37. In or around August 2018, Abner reported the continued harassment,
retaliation, and unsanitary working conditions in an email to the superintendent
Kelly Sprinkles. The superintendent stated that having a clean restroom was not
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part of her “plan”. Due to Defendant’s continued discrimination and harassment,
Abner now suffers from depression.
38. Abner reported the sexual harassment of Pennington to Sharon
Oxendine, a Kentucky Education Association (“KEA”) employee. Oxendine stated she
would contact Superintend Sprinkles and address the allegations. Sprinkles and
Oxendine discussed the harassment, discrimination, and retaliation against Abner.
However, no action was taken by Sprinkles and Pennington continues to harass
Abner.
39. Defendant failed to provide reasonable accommodations for Abner’s
disabilities; retaliated against her for requesting and utilizing reasonable
accommodations; discriminated against her because of her disability and sex; and
created a hostile work environment for her because of her disability and sex, in
violation of the Americans with Disabilities Act and Title VII of the Civil Rights Act
of 1964.
40. Abner has suffered and continues to suffer damages as a result of
Defendant’s unlawful actions.
V. CAUSES OF ACTION
COUNT I: DISABILITY DISCRIMINATION
41. Abner hereby incorporates paragraphs one (1) through forty (40) of her
Complaint.
42. Defendant violated Abner’s rights as protected by the ADA, 42 U.S.C. §
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12101 et seq. and the KCRA by discriminating against her because of her actual or
perceived disability. Defendant’s response to Abner’s anxiety, migraines, irritable
bowel syndrome, fibromyalgia, and obsessive-compulsive disorder and lack of
accommodation violated her legal rights under the ADA and KCRA.
43. Defendant’s actions were intentional, willful, and in reckless disregard
of Abner’s rights as protected by the ADA and KCRA.
44. Abner has suffered and continues to suffer harm as a result of
Defendant’s unlawful actions.
COUNT II: VIOLATION OF TITLE VII OF CIVIL

RIGHTS ACT OF 1964 – SEXUAL HARASSMENT
45. Abner hereby incorporates paragraphs one (1) through forty-four (44) of
her Complaint.
46. Abner was subject to unwelcome sexual advances and a hostile work
environment because of her sex.
47. Defendant was made aware of the sexual harassment but failed to take
prompt remedial action.
48. Defendant’s actions were intentional, willful, and in reckless disregard
of Abner’s rights as protected by Title VII of the Civil Rights Act of 1964.
49. Abner has suffered damages as a result of Defendant’s unlawful actions
COUNT III: VIOLATION OF TITLE VII OF

CIVIL RIGHTS ACT OF 1964 – RETALIATION
50. Abner hereby incorporates paragraphs one (1) through forty-nine (49)
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of her Complaint.
51. Abner engaged in protected activity when she reported harassment and
hostile work environment that she was enduring and when she filed an EEOC
Charge of Discrimination alleging discrimination on the basis of disability and sex.
52. Defendant retaliated against Abner by harassing her in the workplace
and denying her reasonable accommodations she requested for her disability.
53. Defendant also retaliated against Abner by harassing her after she
refused his sexual advances.
54. Defendant’s actions were intentional, willful, and taken in reckless
disregard of Abner’s legal rights.
55. Defendant’s unlawful actions have violated Abner’s rights as protected
by Title VII of the Civil Rights Act of 1964, the KCRA, and the ADA.
VI. REQUESTED RELIEF
WHEREFORE, Plaintiff, Melinda Abner, respectfully requests that this Court
enter judgment in her favor and award her the following relief:
1. Reinstate Abner to the position, salary, and seniority level she would
have enjoyed but–for Defendant’s unlawful actions; and/or award her front pay in
lieu thereof;
2. All wages, benefits, compensation, and other monetary loss suffered as
a result of Defendant’s unlawful actions;
3. Compensation for any and all other damages suffered as a consequence
of Defendant’s unlawful actions;
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4. Compensatory damages for Defendant’s violations of Title VII of the
Civil Rights Act of 1964 and the ADA, including lost future earning capacity;
5. Punitive damages for Defendant’s violation of the Title VII of the Civil
Rights Act of 1964 and the ADA;
6. All costs and attorney’s fees incurred as a result of bringing this action;
7. Pre- and post-judgment interest on all sums recoverable; and
8. All other legal and/or equitable relief this Court sees fit to grant.
Respectfully submitted,
By: /s/ Andrew Dutkanych III

Andrew Dutkanych III, Atty No. 23551-49
BIESECKER DUTKANYCH & MACER, LLC
411 Main Street
Evansville, Indiana 47708
Telephone: (812) 424-1000
Facsimile: (812) 424-1005
Email: ad@bdlegal.com
By: /s/Charles D. Matlock

Charles D. Matlock, Atty No. 97515
101 North Seventh St.
Louisville, Kentucky 40202
Telephone: (502) 561-3443
Facsimile: (812) 424-1005
Email: dmatlock@bdlegal.com
Attorneys for Plaintiff, Melinda Abner
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DEMAND FOR JURY TRIAL
Plaintiff, Melinda Abner, by counsel, requests a trial by jury on all issues
deemed so triable.
Respectfully submitted,
By: /s/ Andrew Dutkanych III

Andrew Dutkanych III, Atty No. 23551-49
411 Main Street
Evansville, Indiana 47708
Telephone: (812) 424-1000
Facsimile: (812) 424-1005
Email: ad@bdlegal.com
By: /s/Charles D. Matlock

Charles D. Matlock, Atty No. 97515
101 North Seventh St.
Louisville, Kentucky 40202
Telephone: (502) 561-3443
Facsimile: (812) 424-1005
Email: dmatlock@bdlegal.com
Attorneys for Plaintiff, Melinda Abner
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Case: 6:18-cv-00307-REW Doc #: 1-1 Filed: 12/03/18 Page: 1 of 2 - Page ID#: 15
JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

MELINDA ABNER KNOX COUNTY BOARD OF EDUCATION
(b) County of Residence of First Listed Plaintiff LAUREL County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Andrew Dutkanych III, BIESECKER DUTKANYCH & MACER, LLC

411 Main Street, Evansville, Indiana 47708, (812) 424-1000
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 490 Cable/Sat TV
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 850 Securities/Commodities/
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Exchange
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 890 Other Statutory Actions
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 893 Environmental Matters
Medical Malpractice Leave Act ’ 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS Act
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 899 Administrative Procedure
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes
Employment Other: ’ 462 Naturalization Application
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
42 U.S.C. §12101 e et seq.
VI. CAUSE OF ACTION Brief description of cause:
Plaintiff alleges violations of the ADA and KCRA by Defendant.
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
12/03/2018 /s/Andrew Dutkanych III
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
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JS 44 Reverse (Rev. 06/17)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
Eastern District
__________ DistrictofofKentucky
__________
)
MELINDA ABNER, )
)
)
Plaintiff(s) )
)
v. Civil Action No. 5:18-mc-99999
)
)
KNOX COUNTY BOARD OF EDUCATION, )
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) KNOX COUNTY BOARD OF EDUCATION

Serve: Kelly Sprinkles
(Officer for Knox County Board of Education)
200 Daniel Boone Drive
Barbourville, KY 40906
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Andrew Dutkanych III
Biesecker Dutkanych & Macer, LLC
101 N. Seventh Street
Louisville, KY 40202
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date: 12/03/2018
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 5:18-mc-99999
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
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Abner Vs Knox Schools

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Abner Vs Knox Schools

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Case: 6:18-cv-00307-REW Doc #: 1 Filed: 12/03/18 Page: 1 of 14 - Page ID#: 1

UNITED STATES DISTRICT COURT

COMPLAINT AND DEMAND FOR JURY TRIAL

I. NATURE OF THE CASE

1. Plaintiff, Melinda Abner (“Abner”), by counsel, brings this action

against Defendant, Knox County Board of Education (“Defendant”) alleging

violations of the Americans with Disabilities Act of 1990 (“ADA”), as amended, 42

U.S.C. § 2000e, et seq. and Kentucky Civil Rights Act (“KCRA”).

2. Abner is a resident of Laurel County in the Commonwealth of

boundaries of the Eastern District of Kentucky.

3. Defendant maintains offices and conducts business within the

geographical boundaries of the Eastern District of Kentucky.

III. JURISDICTION AND VENUE

4. Jurisdiction is conferred on this Court over the subject matter of this

litigation pursuant to 28 U.S.C. §1331; 28 U.S.C. § 1343; 29 U.S.C. § 2617(a)(2); 42

U.S.C. § 12117; and 42 U.S.C. § 2000e, et seq.

5. Defendant is an “employer” as that term is defined by 29 U.S.C.

§2611(4), and 42 U.S.C. § 12111(5)(A).

6. Beginning in or about 2006 and continuing until present, Abner is an

“eligible employee” as that term is defined by 29 U.S.C. §2611(2).

7. Abner was an “employee” as that term is defined by 42 U.S.C. §

8. Abner satisfied her obligation to exhaust her administrative remedies

Opportunity Commission against Defendant alleging discrimination because of her

timely files this action.

9. Defendant employs more than two hundred (200) employees.

10. A substantial part of the events, transactions, and occurrences relevant

Kentucky; thus, venue is proper in this Court.

IV. FACTUAL ALLEGATIONS

11. Abner was hired by Defendant in or around 2005. In or around 2013,

School’s high school.

12. Abner’s direct supervisor was Principal Anthony Pennington

exceeded Defendant’s legitimate performance expectations.

14. Beginning in or around 2014, Pennington engaged in repeated sexual

harassment of Abner, including stating/sending inappropriate sexual remarks and

his erect penis against her.

15. Abner has repeatedly rejected Pennington’s advances, which led to

Pennington’s retaliation against Abner. In response, Pennington retaliated against

and refusing to provide reasonable accommodations required for her disabilities.

Principal Pennington’s harassment and retaliatory actions continued until

16. Abner suffers from fibromyalgia, migraines, anxiety, and irritable

of disability under the Americans with Disabilities Act.

17. In or around January 2017, Abner requested reasonable

accommodations to permit her to continue to perform the essential functions of her

job notwithstanding the symptoms of her disabilities. Kristen Parsons (“Parsons”),

Defendant’s 504 Coordinator, met with Abner to address the requested

Defendant agreed to many of the requested accommodations in or around May 2017,

accommodation request, Defendant retaliated against Abner by forcing her to share

Upon Abner’s request to be relocated to a different classroom, Defendant only offered

which Defendant refused to clear out and make safe.

18. Defendant also conditioned granting of the requests on Abner

complying with requirements not imposed on other, non-disabled employees.

Defendant also failed to actually provide the accommodations.

19. Additionally, after Abner requested accommodations, Principal

caused an undue burden on Defendant.

21. In response, Defendant required Abner to report each incident to a

make up time they miss when they leave early.

24. However, in Fall 2017, Defendant assigned Abner to a classroom that

his own classroom, with temperature control, next to a bathroom, instead of

assigning Abner to that classroom. Abner asked to be moved to an available

25. After Abner requested accommodations, Pennington ignored her,

teachers are not subject to the same scrutiny.

27. On or about October 3, 2017, Defendant placed Abner on a corrective

Abner’s requested accommodations.