The attorney representing the town of Scotland Neck Friday filed an answer to an amended complaint by an officer suing for racial discrimination.
In the answer to the amended complaint filed on behalf of former Scotland Neck Officer Marcus Morris, Katie Weaver Hartzog, of the Raleigh-based Hartzog Law Group, argued that the town requests that the claims be dismissed with prejudice, that Morris recover nothing, that costs and attorney's fees be taxed against him, and requests any other relief the court deems just and proper.
The town generally denies most of the plaintiff's allegations, especially those that are presented as conclusions of law or for which they are said to lack sufficient information.
In key denials the attorney for the town states the following:
Denies introductory summary allegations and causes of action.
Denies conclusions of law.
Denies allegations based on lack of information and belief.
Denies that the complaints raised by the plaintiff and two other officers against former Chief John Tippett and former Chief Tommy Parker at a town board meeting were related to claims of racial discrimination.
Denies reporting false statements about Morris to North Carolina Training and Standards.
Denies that Morris was subjected to any conduct that violated applicable federal laws or his constitutional rights.
Denies most specific allegations of discrimination, retaliation, and wrongful termination.
The town asserts the following defenses:
The complaint does not present a valid legal claim.
The town's actions were based on lawful, non-discriminatory reasons.
The town claims governmental, sovereign, and good faith immunities.
Morris was not injured or damaged by any town policy, custom, practice, or procedure.
Claims for conduct more than 180 days before filing the EEOC charge are barred.
Plaintiff failed to complete necessary administrative steps.
Plaintiff failed to file the complaint within 90 days of receiving the Right to Sue Letter.
Plaintiff did not take reasonable steps to minimize any damages.
The town complied with all applicable laws and regulations and acted without improper motive.
Charlotte Attorney Chance Lynch filed the complaint under Title VII of the Civil Rights Act of 1964 “to correct unlawful employment practices on the basis of race, retaliation after complaining about discrimination, racial discrimination prohibited by applicable North Carolina law, and to provide appropriate relief to (the) plaintiff.”
The complaint says that the town subjected Morris, who is Black, “to an unlawful, discriminatory, and hostile work environment perpetuated by and through the town’s agents and employees. (The) plaintiff alleges that after he complained about discrimination, he was the subject of retaliation by agents of (the) defendant. Plaintiff further alleges that the discriminatory and hostile work environment created by agents of (the) defendant culminated in plaintiff's enduring emotional injuries and professional damages.”