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Filed Complaint-Isley v. Limestone County BOE
Filed Complaint-Isley v. Limestone County BOE
03-CV-2020-900268.00
GINA J. ISHMAN
CIRCUIT COURT CLERK
MONTGOMERY COUNTY, ALABAMA
251 S. LAWRENCE STREET
MONTGOMERY, AL, 36104
334-832-1260
DOCUMENT 1
ELECTRONICALLY FILED
2/18/2020 10:09 AM
03-CV-2020-900268.00
CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMA
GINA J. ISHMAN, CLERK
DOCUMENT 2
ELECTRONICALLY FILED
2/18/2020 10:09 AM
03-CV-2020-900268.00
CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMA
GINA J. ISHMAN, CLERK
IN THE CIRCUIT COURT OF MONTGOMERY COUNTY,
ALABAMA
Defendants as follows:
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Limestone County, Alabama, and is over the age of nineteen years. He is the
against the Plaintiff, the true identities of whom are not currently known.
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operations.
9. Dr. Isley was “trespassed” from the property and advised that
he could not enter upon any Board property or attend any events on Board
10. Dr. Isley was escorted from the property by a Sheriff’s deputy
13.)
breaking-county-schools-hr-director-placed-on-leave/
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12. The Defendant, Owens, was quoted in the Athens News Courier
that Dr. Isley being placed on administrative leave was not the result of
www.enewscourier.com/news/local_news/limestone-county-schools-hr-
c h i e f - s - a t t o r n e y - d e f e n d s - c l i e n t / a r t i c l e _ 1 5 1 3 3 2 e 2 - 4 1 e a - 11 e a -
paragraph 14.)
social media showing him having his birthday party in Dr. Isley’s office even
though Dr. Isley was the subject of an “on going investigation.” https://
www.enewscourier.com/news/local_news/county-schools-hr-exec-s-
attorney-alleges-retaliation-by-district/article_6bcb3b88-4c7c-11ea-
b8db-1b0b42cf4187.html#utm_campaign=blox&utm_source=facebook&ut
m_medium=social.
14. Such actions and statements are baseless and have slandered Dr.
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Board’s attorney was contacted to determine the reason for Dr. Isley being
as exhibit “C”. (See also, Affidavit of Samuel Mark Isley, paragraph 4.)
attorney and advised that he was not authorized to provide the reason that
Dr. Isley was placed on administrate leave. Id. (See also, Affidavit of
17. To date, the Board or its attorney has not advised Dr. Isley
indicated that he will recommend the termination of Dr. Isley at the Board
meeting scheduled on March 10, 2020. Owens advised Dr. Isley that he
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statement explaining why he should not be terminated when he has not been
advised of any reason for his termination. The Board’s cowardly actions
mask the real reason that Dr. Isley was placed on administrative leave and
subject to termination.
Education, was violating board policy, state law, and placing the Board’s
criteria. See, emails attached as exhibit “D”. (See also, Affidavit of Samuel
investigation with the Federal Bureau of Investigation (“FBI”) and the U.S.
oath to the ASDE and Superintendent Dr. Eric Mackey. Id. at paragraph 6.
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notifying the ASDE concerning Owens and the Board’s illegal hiring
practices.
24. Moreover, Dr. Isley has previously hired Board employees who
were African American over the Board president’s, Bret McGill, objection to
American and the hire was in his district), to advise him of the racist
25. Dr. Isley also advised Owens, Dr. Brad Lewis, and CSFO Kim
Code, specifically, the LEAD Alabama and TEACH Alabama models. Id. at
paragraph 9.
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27. Dr. Isley also directed the Superintendent, Tom Sisk, CSFO,
employees to take any form of leave when a physician advised that the
employee could perform the essential duties of their job would be in direct
violation of ADA guidelines. The Board attorney agreed in writing with Dr.
Plaintiff’s reputation acted in concert to slander and libel Dr. Isley’s good
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and Dr. Eric Mackey, concerning violations of state and federal law
occurring at the Limestone County Board of Education. Dr. Isley has also
33. The Board has refused to provide Dr. Isley any information
34. Therefore, Dr. Isley requests that this Court restrain the
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for temporary restraining order or, in the alternative, motion for preliminary
injunction.
COUNT II (Negligence)
37. The Plaintiff readopts and re-alleges the facts as set-out above
in this Complaint.
duty to the Plaintiff not to harm Dr. Isley in their posts on social media or
otherwise.
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above were negligent which breached that duty and caused the Plaintiff, Dr.
embarrassment.
and/or C, in an amount that the jury may award for compensatory damages.
this Complaint.
above were intentional, reckless, careless, and wanton which caused the
Plaintiff, Dr. Isley, harm including but not limited to annoyance, alarm, and
embarrassment.
and/or C, in an amount that the jury may award for punitive damages.
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COUNT IV (Libel/Slander)
44. The Plaintiff readopts and re-alleges the facts as set-out above
in this Complaint.
Plaintiff.
46. The Plaintiff demanded that the Defendants cease and desist
their libelous and slanderous statements concerning Dr. Isley on social media
or elsewhere. The Plaintiff demanded that they make a full and fair
malicious conduct.
48. The Plaintiff, Dr. Isley, has suffered harm to his reputation,
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49. The willful and intentional acts of the Defendants and fictitious
and/or C, in an amount that the jury may award for compensatory and
punitive damages.
50. The Plaintiff readopts and re-alleges the facts as set-out above
in this Complaint.
52. The Plaintiff, Dr. Isley, suffered extreme mental and emotional
and will incur in the future attorney’s fees, medical bills, and lost wages, as a
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and/or C, in an amount that the jury may award for compensatory and
punitive damages.
COUNT VI (Conspiracy)
55. The Plaintiff readopts and re-alleges the facts as set-out above
in this Complaint.
oppressive, or immoral.
57. The Plaintiff, Dr. Isley, suffered extreme mental and emotional
and will incur in the future attorney’s fees, medical bills, and lost wages, as a
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OF COUNSEL:
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Bret McGill
300 South Jefferson Street
Athens, Alabama 35611
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ELECTRONICALLY FILED
2/18/2020 10:09 AM
03-CV-2020-900268.00
CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMA
GINA J. ISHMAN, CLERK
DOCUMENT 4
ELECTRONICALLY FILED
2/18/2020 10:09 AM
03-CV-2020-900268.00
CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMA
GINA J. ISHMAN, CLERK
DOCUMENT 4
DOCUMENT 4
DOCUMENT 5
ELECTRONICALLY FILED
2/18/2020 10:09 AM
03-CV-2020-900268.00
CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMA
From: Taylor Brooks TPB@LanierFord.com
Subject: RE: Mark Isley v. Limestone County BOE; 20-
GINA J. ISHMAN, CLERK
Date: January 27, 2020 at 12:23 PM
To: Shane Sears ssears@me.com
Shane,
Thanks,
Taylor
Taylor:
My firm represents Mark Isley in this matter. He was placed on administrative leave with
pay this morning. The interim superintendent did not provide him any information
concerning the reason for his placement on administrative leave. I am attaching a copy of
the correspondence for your review.
Would you mind immediately providing me with the reason(s) for Mr. Isley’s placement on
leave, i.e., the charge or accusation, any documents, videos, or recordings supporting such
placement? Thank you,
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Shane T. Sears
Attorney at Law
The Sears Firm, P.C.
The Sears Building
5809 Feldspar Way
Suite 200
Birmingham, AL 35244
(205) 989-1709
(866) 754-9453 (fax)
ssears@me.com
searsandsearslaw.com
DOCUMENT 6
ELECTRONICALLY FILED
2/18/2020 10:09 AM
03-CV-2020-900268.00
CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMA
GINA J. ISHMAN, CLERK
DOCUMENT 7
ELECTRONICALLY FILED
2/18/2020 10:09 AM
03-CV-2020-900268.00
CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMA
GINA J. ISHMAN, CLERK
IN THE CIRCUIT COURT OF MONTGOMERY COUNTY,
ALABAMA
COMES NOW the Plaintiff, DR. MARK ISLEY, in the above styled
cause, by and through his attorney of record, and requests the Defendants,
MICHAEL OWENS, BRET MCGILL, LIMESTONE COUNTY BOARD
OF EDUCATION, pursuant to Rule 33 of the Alabama Rules of Civil
Procedure to respond to Plaintiff’s First Interrogatories as follows:
DEFINITIONS
1. “Defendant”, "You" or "Your" as used in this request, the terms
you and your or defendant, refers to the named Plaintiffs and Defendants,
DOCUMENT 7
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5. Identify by name each and every social media account you have
possessed over the last five (5) years including, but not limited to, Facebook,
Twitter, Instagram, etc. Please include the website for the social media
account, any alias you utilized, login information for the account, and IP
address from your internet provider.
6. State specifically each and every date and time you posted any
photographs, discussions, texts, emails or otherwise concerning Dr. Mark
Isley or his job position at Limestone County Board of Education.
7. State specifically each and every social media account or post
including date and time concerning Dr. Mark Isley.
8. State specifically each and every and every fact (and
document) you rely on concerning placing Dr. Mark Isley on paid
administrative leave or recommending his termination.
9. Identify each and every person that you or school board
representatives interviewed concerning placing Dr. Mark Isley on
administrative leave with pay.
10. Identify each and every fact including but not limited to,
documents, videos, photographs, text messages, statements, or otherwise
which you rely upon in your decision to place Dr. Mark Isley on
administrative leave or recommending his termination.
11. Identify each and every policy, guideline, or procedure with
specificity you relied upon in your determination or recommendation that
Dr. Mark Isley be placed on administrative leave with pay or be terminated.
12. State with specificity each and every each and every policy,
guideline, or procedure which you or the school board relies upon to make
teacher, principal, or administration hiring or firing decisions.
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13. State with specificity each and every each and every policy,
guideline, or procedure you or the school board relies upon or believes allow
him/her to discriminate against a teacher, principal, or administrator because
he/she is African American or any other race.
14. State with specificity in chronological order each and every
action taken by any of the Defendants including Board representatives when
he/she learned that Dr. Mark Isley had contacted the Alabama Department of
Education (ASDE) concerning the Board’s improper hiring of an art teacher.
15. State with specificity in chronological order each and every
discussion you have had with Dr. Mark Isley concerning any reprimand,
criticism, or negative evaluation since he has been employed by the
Limestone County Board of Education.
16. State with specificity in chronological order each and every
document which demonstrates that Dr. Mark Isley was not performing his
job duties satisfactorily since being employed by the Limestone County
Board of Education.
17. Have any of the Defendants ever attempted to retract any of
your statements (or insinuations) on social media or otherwise that Dr. Mark
Isley is under investigation? If so, state the date, time, and location of the
statement, social media message, group text, newspaper report, or otherwise.
18. Have you threatened to take any action against any person,
employee, or otherwise concerning coming forward with information related
to Dr. Mark Isley’s being placed on administrative leave or termination? If
so, state the date, time, and location of the threat you made and to whom.
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19. State with specificity the time and date when any of the
Defendants became aware that Dr. Mark Isley had been interviewed for an
investigation being undertaken by the Federal Bureau of Investigation (FBI)
concerning the misuse of funds by the Limestone County Board of
Education?
20. State with specificity in chronological order each and every
action taken by any of the Defendants including members of the school
board took when they learned that Dr. Mark Isley had been interviewed by
the FBI.
21. Give the full name, present address, and phone number of each
and every person who was a witness to any of the allegations that forms the
basis of the Plaintiff’s complaint.
22. Give the full name and present address of each and every
person you intend to call as a witness in the trial of this case.
23. State the name and address of each and every expert witness
that you expect to call as an expert witness at the trial of this case, and state
the subject matter on which said expert(s) is expected to testify. This should
include the subject, the substance of the facts and opinions to which each
expert is expected to testify, the opinions to which each and every expert is
expected to testify, and a summary of the grounds of such opinions held by
each and every expert.
24. State the name, address, applicable policy numbers, nature of
coverages and policy limits that applies to any policy of insurance that you
were covered at the time of the allegations which form the basis of this
complaint.
25. State whether you or anyone to your knowledge has secured,
obtained, or has any knowledge of any signed or unsigned statement or
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s/Shane T. Sears
SHANE T. SEARS [SEA026]
OF COUNSEL:
s/Shane T. Sears
OF COUNSEL
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DOCUMENT 8
ELECTRONICALLY FILED
2/18/2020 10:09 AM
03-CV-2020-900268.00
CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMA
GINA J. ISHMAN, CLERK
IN THE CIRCUIT COURT OF MONTGOMERY COUNTY,
ALABAMA
COMES NOW the Plaintiff, DR. MARK ISLEY, in the above styled
cause, by and through his attorney of record, and requests the Defendants,
MICHAEL OWENS, BRET MCGILL, LIMESTONE COUNTY BOARD
OF EDUCATION, pursuant to Rule 34 of the Alabama Rules of Civil
Procedure to respond to Plaintiff’s First Requests for Production as follows:
In addition, Plaintiff requests the Defendants attach a copy of each and
every document referred to in any of the requests for production or in
Defendants’ response thereto or that Defendants state the date and time
that said documents will be produced for inspection and copying.
3. Produce a copy of any and all social media posts, newspaper accounts,
texts, emails that you have made about Dr. Mark Isley.
4. Produce a copy of any and all documents, emails, texts concerning the
placement of Dr. Mark Isley on administrative leave with pay.
5. Produce a copy of any and all documents, emails, texts concerning the
termination of Dr. Mark Isley.
7. Produce any and all documents concerning Dr. Mark Isley notifying the
State of Alabama Department of Education (“ASDE”) that the
Limestone County Board of Education’s hiring policies violated state
and federal law.
8. Produce any and all documents concerning the FBI’s investigation into
the Limestone County Board of Education’s misuse of state and federal
funds.
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10. Produce copies of any and all documents, policies, or guidelines which
the Defendants contend allow them to discriminate against any races or
groups of people in the hiring process.
11. Produce each and every document pertaining to the allegations which
are the subject of this lawsuit including but not limited to statements,
social media pages, and criminal complaints.
12. Produce a list of any and all lawsuits (past or present) involving this
Defendant. This should include the civil action number of any such
lawsuits, location of filing, current disposition and identify plaintiff and
defense counsel.
13. Produce a list of all witnesses to be called at the trial of this case.
14. Produce a list of all exhibits to be used at the trial of this case.
15. Produce a list of all expert witnesses to be called at the trial of this case.
16. Produce copies of any and all résumés or similar documents setting
forth the educational background and qualifications of each and every
expert witness who you expect to testify at the trial of this case.
17. Produce a copy of any and all statements, whether recorded or written,
taken of the Plaintiff representative or any member of the Plaintiff’s
representative’s family at any time.
18. Produce a copy of any and all statements, whether recorded or written,
taken of any witness and/or anyone with any knowledge whatsoever of
the incident made the basis of this lawsuit.
19. Produce a copy of your criminal history, including, but not limited to,
each and every offense you have received for the last five (5) years.
20. Produce a copy of your liability insurance policy(s) for coverage on you
at the time of the occurrence made the basis of this lawsuit, including
the limits of liability.
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s/Shane T. Sears
SHANE T. SEARS [SEA026]
OF COUNSEL:
s/Shane T. Sears
OF COUNSEL
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ELECTRONICALLY FILED
2/18/2020 10:09 AM
03-CV-2020-900268.00
CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMA
GINA J. ISHMAN, CLERK
IN THE CIRCUIT COURT OF MONTGOMERY COUNTY,
ALABAMA
COMES NOW the Plaintiff, DR. MARK ISLEY, in the above styled
cause, by and through his attorney of record, and requests the Defendants,
MICHAEL OWENS, BRET MCGILL, LIMESTONE COUNTY BOARD
OF EDUCATION, pursuant to Rule 36 of the Alabama Rules of Civil
Procedure to respond to Plaintiff’s First Interrogatories as follows:
DEFINITIONS
1. “Defendant”, "You" or "Your" as used in this request, the terms
you and your or defendant, refers to the named Plaintiff, his attorney(s),
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insurer(s), or anyone acting on her behalf, her attorney(s) behalf, and/or her
insurer(s) behalf.
2. "Document." If used below, “document” means any original
written, typewritten, handwritten, printed or recorded material, as well as all
tapes, discs, non-duplicate copies and transcripts thereof, now or at any time
in your possession, custody or control; and, without limiting the generality
of the foregoing definition, but for the purposes of illustration only,
"document" includes notes, correspondence, memoranda, business records,
diaries, calendars, address and telephone records, photographs, tape
recordings, financial statements and records, promotional materials,
examinations, and reports of examinations. IF SAID DOCUMENT IS
TWO-SIDED, PRODUCE A COPY OF THE DOCUMENT, BOTH FRONT
AND BACK.
If any document was, but is no longer, in your possession or subject to
your control, state what disposition was made of it, by whom, and the date or
dates or approximate date or dates on which such disposition was made.
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this lawsuit.
5. Admit that you did not and do not presently have a factual basis to
6. Admit that you did not and do not presently have a factual basis to
allege that Dr. Mark Isley’s job performance for the Limestone
8. Admit that Dr. Mark Isley’s reputation has been harmed as a result of
9. Admit that Dr. Isley’s ability to earn an income now and in the future
10. Admit that your social media posts and words were intended to to
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11. Admit that your social media posts and words, in fact, did cause
12. Admit that your actions which are the subject of this litigation were
(Note: Ala. R. Civ. Proc. 36(a) provides "An answering party may not
deny unless the party states that the party has made reasonable inquiry
s/Shane T. Sears
SHANE T. SEARS [SEA026]
OF COUNSEL:
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s/Shane T. Sears
OF COUNSEL