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THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS MCALLEN DIVISION JOSE V. CAMPOS, MARTHA OROZCO, § DIANA QUINTANILLA, § FRANCISCO A CUELLAR, ARTURO § CASTILLO, SR., JAVIER GARZA AND § LINDA GARZA § Plaintiffs, § § VS. § CIVIL ACTION NO. 7:15-CV-070 § DONNA INDEPENDENT SCHOOL § DISTRICT, ALBERT SANDOVAL, § TOMASA RAMOS AND NICK § CASTILLO, INDIVIDUALLY AND IN § THEIR OFFICIAL CAPACITY AS § MEMBERS OF THE BOARD OF § TRUSTEES, § Defendants. § JURY REQUESTED
PLAINTIFFS’ FIRST ORIGINAL COMPLAINT
COME NOW, JOSE V. CAMPOS, MARTHA OROZCO, DIANA QUITANILLA, FRANCISCO A. CUELLAR, ARTURO CASTILLO, SR., JAVIER GARZA and LINDA GARZA, Plaintiffs, complaining of DONNA INDEPENDENT SCHOOL DISTRICT and ALBERT SANDOVAL, TOMASA RAMOS and NICK CASTILLO, individually and in their official capacity as members of the Donna ISD board of trustees, and in support thereof would show the following:
I. NATURE OF ACTION
1.1 This is an action under the United States Constitution for violation of
Plaintiffs’
rights under the First and Fourteenth Amendments. Additionally, this action is brought under
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Title VII of the Civil Action Rights of 1964, as amended and the Age Discrimination in Employment Act of 1967, as amended (ADEA) and the Sex Discrimination in Employment provisions of federal law. 1.2 Specifically, while acting under color of law, Defendants took adverse employment actions
against Plaintiffs’
employment in violation of their due process rights and their protected first amendment rights. Alternatively, Defendants demoted several of the Plaintiffs because of their age, sex in violation of federal law.
II. JURISDICTION AND VENUE
2.1 Jurisdiction of this Court is invoked pursuant to 28 USC Sections 451, 1331, 1337, 1443, 1345, 1441 and 42
USC 1983. In addition, this Court has supplemented jurisdiction under
28 USC 1367 over Plaintiff’s factually identical claims arising under State law. This action is
likewise based on the provisions of Title VII, 42 USC 2000 et. seq., 42 USC 2000e-2 et. seq., sex discrimination and Sections 623 (a) (1) and 630 (b) of the Age Discrimination in Employment Act of 1967, as amended (ADEA), 29 U.S.C. § 621 et seq., as amended. 2.2 The employment practices to be alleged and unlawful were and are currently being committed within the Jurisdiction of the United States District Court for the Southern District of Texas, McAllen Division.
III. PARTIES
3.1 Plaintiff, JOSE V. CAMPOS is a resident of Hidalgo County Texas. 3.2 Plaintiff, MARTHA OROZCO, is a resident of Hidalgo County Texas. 3.3 Plaintiff, DIANA QUINTANILLA, is a resident of Hidalgo County Texas.
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3.4 Plaintiff, FRANCISCO A. CUELLAR, is a resident of Hidalgo County Texas. 3.5 Plaintiff, ARTURO CASTILLO, SR., is a resident of Hidalgo County Texas. 3.6 Plaintiff, JAVIER GARZA, is a resident of Hidalgo County Texas. 3.7 Plaintiff, LINDA GARZA, is a resident of Hidalgo County Texas. 3.8 Defendant, DONNA INDPENDENT SCHOOL DISTRICT, is a governmental entity in the state of Texas located entirely in Hidalgo County. DONNA ISD may be served with process at: 904 Hester Avenue, Donna, Texas 78537. 3.9 Defendant, ALBERT SANDOVAL, is being sued in individual and official capacity as a member of the Donna ISD board of trustees and may be served with process at: 2301 North FM 493, Donna, Texas 78537. 3.10 Defendant, TOMASA RAMOS, is being sued in individual and official capacity as a member of the Donna ISD board of trustees and may be served with process at: 212 Beech Street, Donna, Texas 78537. 3.11 Defendant, NICK CASTILLO, is being sued in individual and official capacity as a member of the Donna ISD board of trustees and may be served with process at: 1006 Lost Meadows, Donna, Texas 78537.
IV. FACTUAL ALLEGATIONS
4.1 Jose V. Campos has been an employee with Donna ISD for over
41
years, Martha Orozco has been an employee with Donna ISD for
27 1/2
years, Diana Quintanilla has been an employee with the district for over
8
years, Francisco Cuellar has been employed by Donna ISD for over
2 1/2
years, Linda Garza has worked for DISD for over
10
years, Arturo Castillo has
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