WILLIAM ARMSTRONG, )
)
Plaintiff, )
)
vs. ) CASE NO. 3:17-CV-260-DJH
)
CITY OF WEST BUECHEL, )
)
and )
)
RICHARD RICHARDS, )
both individually and in his )
official capacity as Mayor )
of the City of West Buechel, )
Kentucky, )
)
Defendants. )
against Defendants, the City of West Buechel, Kentucky (West Buechel) and Richard Richards
(Mayor Richards), both individually and in his capacity as Mayor of the City of West Buechel
(Defendants) alleging violations of Title VII of the Civil Rights Act of 1964, as amended, 42
U.S.C. 2000e et. seq. and the Kentucky Civil Rights Act.
II. PARTIES
who at all times relevant to this action resided within the geographical boundaries of the Western
District of Kentucky.
4. Mayor Richards is the duly elected Mayor of West Buechel, Kentucky, who, in
his official capacity, presides over city council meetings, acts as the head of the city and oversees
the citys employees. Mayor Richards, in his official capacity, is located in West Buechel,
Kentucky. Mayor Richards, in his individual capacity, is an adult citizen residing in West
Buechel, Kentucky.
5. 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; 28 U.S.C. 1367 and 42 U.S.C. 2000e-5(f)(3).
1367 because his state law claims arise from the same common nucleus of operative facts as his
federal law claims and all of his claims form a single case and controversy under Article III of
U.S.C. 2000e(b).
U.S.C. 2000e(f).
timely filed a Charge of Discrimination with the U.S. Equal Employment Opportunity
Commission (EEOC) against Defendant alleging discrimination based on his race. Armstrong
received the required Notice of Sue Rights and timely files this action.
10. A substantial part of the events, transactions, and occurrences relevant to this
lawsuit arose within the geographical environs of the Western District of Kentucky; thus, venue
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Worker and later served as the Director of Public Works. At all relevant times, Armstrong met
13. During his employment, Armstrong was the only African-American employed by
Defendants.
comparison to the Caucasian employees, such as being required to perform the most strenuous
and dangerous jobs and not receiving assistance when he would request aid on certain jobs.
Armstrong was also subjected to a racially hostile work environment by City Council Member
Joe Mattingly, who said used the word nigger on two occasions while working with Armstrong
and called Armstrong boy. Gerald Chamberlain, one of Armstrongs co-workers, would also
put his hands on Armstrong and push him to the side in front of Mayor Richards. Armstrong
reported this mistreatment on the basis of his race to Mayor Richards; however, no corrective
15. In Spring 2015, there was a vacant position for a Maintenance Supervisor. This
vacant position was never advertised internally or externally, and as a result, Armstrong was
never given the opportunity to apply for this position. This position was filled by a Caucasian
individual.
16. On or about July 1, 2015, all city employees except for Armstrong received a
raise.
17. On August 13, 2015, Kimberly Richards, Mayor Richards wife, accused
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18. In or about mid-August 2015, Mayor Richards advised Armstrong not to come
19. After suffering from racial discrimination, Armstrong sent a letter to Mayor
Richards on or about August 20, 2015, complaining that he was being subjected to a hostile work
environment and requesting an update concerning his continued employment. Mayor Richards
20. On or about August 24, 2015, Armstrong sent a second letter to Mayor Richards
complaining about the work conditions and his mistreatment. Mayor Richards did not respond.
21. On or about August 26, 2015, Mayor Richards notified Armstrong of the
termination of his employment via text message. Mayor Richards did not provide Armstrong
V. CAUSES OF ACTION
22. Armstrong hereby incorporates by reference paragraphs one (1) through twenty-
one (21) of his Complaint as if the same were set forth at length herein.
23. Armstrong was subjected to different terms and conditions of his employment and
24. Defendants actions are in violation of Title VII of the Civil Rights Act of 1964,
25. Defendants actions were willful, intentional and done with reckless disregard for
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27. Armstrong hereby incorporates by reference paragraphs one (1) through twenty-
six (26) of his Complaint as if the same were set forth at length herein.
28. Armstrong was subjected to different terms and conditions of his employment and
29. Defendants actions are in violation of the Kentucky Civil Rights Act, KRS
344.040.
30. Defendants actions were willful, intentional and done with reckless disregard for
32. Armstrong hereby incorporates by reference paragraphs one (1) through thirty-
one (31) of his Complaint as if the same were set forth at length herein.
34. Defendants actions violated the anti-retaliation provisions of Title VII of the
35. Defendants actions were intentional, malicious and done with reckless disregard
37. Armstrong hereby incorporates by reference paragraphs one (1) through thirty-six
(36) of his Complaint as if the same were set forth at length herein.
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39. Defendants actions violated the anti-retaliation provisions of the Kentucky Civil
40. Defendants actions were intentional, malicious and done with reckless disregard
WHEREFORE, Plaintiff, William Armstrong, respectfully requests that this Court enter
1. Reinstate Armstrong to the position, salary and seniority level he would have
enjoyed but for Defendants unlawful actions; and/or payment to Armstrong of front pay in lieu
thereof;
2. All wages, benefits, compensation and other monetary loss suffered as a result of
4. Compensatory damages for Defendants violations of the KCRA and Title VII;
8. All other legal and/or equitable relief this Court sees fit to grant.
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Respectfully submitted,
Plaintiff, William Armstrong, by counsel, requests a trial by jury on all issues deemed so
triable.
Respectfully submitted,
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Dated: 4/26/17.