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ELECTRONICALLY FILED
4/21/2021 5:33 AM
38-CV-2021-900141.00
CIRCUIT COURT OF
HOUSTON COUNTY, ALABAMA
CARLA H. WOODALL, CLERK
IN THE CIRCUIT COURT OF HOUSTON COUNTY, ALABAMA
TWENTIETH JUDICIAL CIRCUIT

Ross Lee, Crystal Lee, individually, and ) CIVIL ACTION FOR

as next of friend of CMM, Jr., a minor, ) NEGLIGENCE & WANTONNESS
) SUPPRESSION OF MATERIAL FACT
Plaintiffs/Petitioners, ) NEGLIGENT/WANTON TRAINING &
v. ) SUPERVISION
) OUTRAGE/INTENTIONAL
Houston County Department of Human ) INFLICTION OF EMOTIONAL
Resources, Chermaine Gartmond, ) DISTRESS
Kemeya Walker, Amy Garrett, aka ) MALICIOUS PROSECUTION
Michelle Garrett, Leslie Kelly ) ABUSE OF PROCESS
) CIVIL CONSPIRACY
Defendants/Respondents. )
) CASE NO.

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COMPLAINT

For its Complaint, Plaintiffs respectfully allege as follows:

PARTIES

1. Comes now Plaintiffs, Ross Lee, Crystal Lee, individually, and as next of

friend of CMM, Jr., a minor, who are foster parents and a foster child, respectively,

residing in Houston County, Alabama.

2. Defendant Houston County Department of Human Resources (hereinafter

“DHR”) is the legal custodian of CMM, Jr.

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3. Defendants Chermaine Gartmond, Kemeya Walker, Leslie Kelly, and Amy

Garrett, aka Michelle Garrett, are employees of DHR who conduct their employment

related services and transactions in Houston County.

JURISDICTION AND VENUE

4. The harms and obligations sued upon were incurred and occurred in

Houston County, Alabama. This Court is the proper court for the trial of this action

5. Jurisdiction is premised upon the fact that damages suffered by Plaintiffs

are of the minimum sum required for jurisdiction in the Circuit Court of the State of

Alabama.

6. Further, this Court has personal jurisdiction over Defendants on the grounds

that all Defendants live and/or conduct or transact business or services in this State and

County.

5. Venue and jurisdiction are proper in this county as a substantial amount of

the services and transactions and resulting harm incurred have occurred in this State and

County.

FACTUAL ALLEGATIONS

6. Plaintiffs, Ross Lee and Crystal Lee, are foster parents of CMM, Jr. and

have continuously been so since his birth and release from the hospital on or around

October 2, 2019.

7. Defendants knowingly violated the law and were plainly incompetent in the

performance of their duties by disregarding the Foster Parent Bill of Rights and Alabama

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Administrative Code Section 660 by failing to provide adequate notice of court hearings

and individual service plans; failing to abide by conflict resolution policies; failing to

abide by mediation policies; failing to adequately communicate with the Plaintiffs, failing

to properly investigate proposed relative placements with an improper purpose,

committing fraud; suppressing the Plaintiffs’ right to representation; collectively agreeing

to achieve unlawful goals, and/or collectively agreeing to achieve lawful goals by

unlawful means; with the result of significant emotional, physical, and psychological

injury.

FIRST CAUSE OF ACTION

NEGLIGENCE AND WANTONNESS

8. Defendants are liable for negligence and wantonness by knowingly

violating the law and were plainly incompetent in the performance of their duties by

disregarding the Foster Parent Bill of Rights and Alabama Administrative Code Section

660 by failing to provide adequate notice of court hearings and individual service plans;

failing to abide by conflict resolution policies; failing to abide by mediation policies;

failing to adequately communicate with the Plaintiffs, failing to properly investigate

proposed relative placements with an improper purpose, committing fraud in the course

of their duties; suppressing the Plaintiffs’ right to representation; collectively agreeing to

achieve unlawful goals, and/or collectively agreeing to achieve lawful goals by unlawful

means.

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SECOND CAUSE OF ACTION

SUPPRESSION OF MATERIAL FACT

9. Defendants are liable for suppression of material fact knowingly violating

the law and were plainly incompetent in the performance of their duties by disregarding

the Foster Parent Bill of Rights and Alabama Administrative Code Section 660 by failing

to provide adequate notice of court hearings and individual service plans; failing to abide

by conflict resolution policies; failing to abide by mediation policies; failing to

adequately communicate with the Plaintiffs, failing to properly investigate proposed

relative placements with an improper purpose, committing fraud in the course of their

duties; suppressing the Plaintiffs’ right to representation; collectively agreeing to achieve

unlawful goals, and/or collectively agreeing to achieve lawful goals by unlawful means.

THIRD CAUSE OF ACTION

NEGLIGENT /WANTON TRAINING AND SUPERVISION

10. Defendants are liable for negligent/wanton training and supervision by

violating the law and were plainly incompetent in the performance of their duties by

disregarding the Foster Parent Bill of Rights and Alabama Administrative Code Section

660 by failing to provide adequate notice of court hearings and individual service plans;

failing to abide by conflict resolution policies; failing to abide by mediation policies;

failing to adequately communicate with the Plaintiffs, failing to properly investigate

proposed relative placements with an improper purpose, committing fraud in the course

of their duties; suppressing the Plaintiffs’ right to representation; collectively agreeing to

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achieve unlawful goals, and/or collectively agreeing to achieve lawful goals by unlawful

means.

FOURTH CAUSE OF ACTION

OUTRAGE/INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

11. Defendants are liable for outrage/intentional infliction of emotional distress

by violating the law and were plainly incompetent in the performance of their duties by

disregarding the Foster Parent Bill of Rights and Alabama Administrative Code Section

660 by failing to provide adequate notice of court hearings and individual service plans;

failing to abide by conflict resolution policies; failing to abide by mediation policies;

failing to adequately communicate with the Plaintiffs, failing to properly investigate

proposed relative placements with an improper purpose, committing fraud in the course

of their duties; suppressing the Plaintiffs’ right to representation; collectively agreeing to

achieve unlawful goals, and/or collectively agreeing to achieve lawful goals by unlawful

means.

FIFTH CAUSE OF ACTION

MALICIOUS PROSECUTION

12. Defendants are liable for malicious prosecution by violating the law and

were plainly incompetent in the performance of their duties by disregarding the Foster

Parent Bill of Rights and Alabama Administrative Code Section 660 by failing to provide

adequate notice of court hearings and individual service plans; failing to abide by conflict

resolution policies; failing to abide by mediation policies; failing to adequately

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communicate with the Plaintiffs, failing to properly investigate proposed relative

placements with an improper purpose, committing fraud in the course of their duties;

suppressing the Plaintiffs’ right to representation; collectively agreeing to achieve

unlawful goals, and/or collectively agreeing to achieve lawful goals by unlawful means.

SIXTH CAUSE OF ACTION

ABUSE OF PROCESS

13. Defendants are liable for abuse of process by violating the law and were

plainly incompetent in the performance of their duties by disregarding the Foster Parent

Bill of Rights and Alabama Administrative Code Section 660 by failing to provide

adequate notice of court hearings and individual service plans; failing to abide by conflict

resolution policies; failing to abide by mediation policies; failing to adequately

communicate with the Plaintiffs, failing to properly investigate proposed relative

placements with an improper purpose, committing fraud in the course of their duties,;

suppressing the Plaintiffs’ right to representation; collectively agreeing to achieve

unlawful goals, and/or collectively agreeing to achieve lawful goals by unlawful means.

SEVENTH CAUSE OF ACTION

CIVIL CONSPIRACY

14. Defendants are liable for civil conspiracy by violating the law and were

plainly incompetent in the performance of their duties by disregarding the Foster Parent

Bill of Rights and Alabama Administrative Code Section 660 by failing to provide

adequate notice of court hearings and individual service plans; failing to abide by conflict

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resolution policies; failing to abide by mediation policies; failing to adequately

communicate with the Plaintiffs, failing to properly investigate proposed relative

placements with an improper purpose, committing fraud in the course of their duties;

suppressing the Plaintiffs’ right to representation; collectively agreeing to achieve

unlawful goals, and/or collectively agreeing to achieve lawful goals by unlawful means.

EIGTH CAUSE OF ACTION

DAMAGES

15. Defendants are liable for damages in all the above stated causes of action

by violating the law and were plainly incompetent in the performance of their duties by

disregarding the Foster Parent Bill of Rights and Alabama Administrative Code Section

660 by failing to provide adequate notice of court hearings and individual service plans;

failing to abide by conflict resolution policies; failing to abide by mediation policies;

failing to adequately communicate with the Plaintiffs, failing to properly investigate

proposed relative placements with an improper purpose, committing fraud in the course

of their duties; suppressing the Plaintiffs’ right to representation; collectively agreeing to

achieve unlawful goals, and/or collectively agreeing to achieve lawful goals by unlawful

means; with the result of significant emotional, physical, and psychological injury.

DEFENDANTS ARE NOT ENTITLED TO QUALIFIED IMMUNITY

16. Defendants were not acting inside their scope of their discretionary duties

when their wrongful acts occurred.

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17. In the alternative, Defendants violated a clearly established constitutional

law and the Defendants had fair notice that their conduct was unlawful via several and

diverse communications from the Plaintiffs to the Defendants and the Defendants’

representation by legal counsel advising them to take such actions or tacitly consenting

for them to take such actions.

18. The Defendants wrongful acts would be manifestly evident to a reasonable

professional in the Defendants’ field of work.

19. The Defendants’ conduct was so egregious as to violate the Plaintiffs’

clearly established constitutional rights.

PRAYER FOR RELIEF

AS TO ALL DEFENDANTS

WHEREFORE, Plaintiffs respectfully pray that this Honorable Court grant the following
relief:

A. That all Defendants are jointly and severally liable.

B. For compensatory and equitable damages in an amount no less than $3,700,000.00.

C. For punitive damages based upon Defendants’ fraudulent conduct and breaches of
fiduciary duty owed to Plaintiffs.

D. For all costs of suit incurred herein; and

E. For such other and further relief as the Court deems appropriate.

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JURY DEMAND

Plaintiff requests a trial by jury of all claims that can be so tried.

Dated this 21st day of April, 2021. Respectfully submitted,

/s/ Samuel J. McLure, Esq.

Samuel J. McLure, Esq
Attorney for Plaintiff

Samuel J. McLure (MCL-056)*

PO Box 640667
Pike Road, AL 36064
sam@mclurelaw.com
(334)546-2009
*Counsel of Record