Case Document 3 Filed 02/19/19 Page 1 of 16 PagelD. 16 Siephen J. Edelsiein, qu. -- Annmey 1.13. 235031972 WEINER LAW GROUP LLP 629 Parsippany Road Paisippeiiy, NJ 07054-0433 Tel. (973)403-1100; Fax (973) 4030010 E-Mail sedelste @weinerlaw Attemeys for Plaintiff UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY MARCIA LYLES, Plaintiff, Civil Action No. 2: v51 BOARD OF EDUCATION, SUDHAN THOMAS, both individually and as a member of ihe Jexsey City Board of Education; MARILYN ROMAN, both individually and as a member oflhe Jersey City Board of Education; JERSEY CITY EDUCATION and RONALD F. GRECO, individually and as an nflicer of the Jersey City Education Associafion, FIRST AMENDED COMPLAINT AND JURY DEMAND Defendants. JURISDICTION AND VENUE 1. This Coun has original subject maner jurisdiction over ilie violations alleged in this Complaint pinsuani to the provisions om use. 1983, 1985 and 1988 and 28 USC. 1331 and 1343. Pursuant to 23 U.s,c. 1367(3), this Conn has supplemental jurisdiction over Plainiifl's state law claims. Case Document 3 Filed 02/19/19 Page 2 of 16 PageID: 17 2. Venue is proper in the United States District Court for the District of New Jersey pursuant to 28 U.S.C.A. 1391(a) in that the events giving rise to the claims set forth in the Complaint occurred in the District of New Jersey. PARTIES 3. Plaintiff Marcia Lyles (?Lyles?) is the Superintendent of the Jersey City Public Schools. She resides in Jersey City, New Jersey. 4. Defendant Jersey City Board of Education (?the is a body politic and corporate, organized and existing by virtue of the laws of the State of New Jersey, 1, which is entrusted with maintaining and conducting the public schools of Jersey City. I 5. Defendant Sudhan Thomas (?Thomas?) is a member of the CBOE, has served as a member since January of 2017, is currently the President of the CBOE, and has served as President since January of 2018. Thomas is sued in both his official capacity and in his individual capacity. 6. Defendant Marilyn Roman (?Roman?) is a member of the CBOE and has served as a member since April of 2012. Roman is sued in both her of?cial capacity and in her individual capacity. 7. Defendant erSey City Education Association is a labor organization which represents the teaching staff and other employees of the CBOE. 8. Defendant Ronald F. Greco (?Greco?) is the President of the JCEA. Greco has served as JCEA President since 2012. Greco is sued in both his of?cial capacity and in his individual capacity. 1551224 Case Document 3 Filed 02/19/19 Page 3 of 16 PageID: 18 9. The CBOE consists of nine (9) members, all of whom are elected. 10. In 1989, the State of New Jersey Department of Education took over the operation of the Jersey City School System. 11. In 2012, while the JCBOE was still under the control of the State of New Jersey Department of Education, Lyles was hired as its Superintendent by a 6-2 vote of the Board of Education. Her contract was from July 1, 2012 through June 30, 2016. 12. In 2016, by operation of law, and over the objection of Greco, the CEA, and one or more board members, Lyle?s contract was extended for another four?year term. 13. In fact, Greco sued to prevent the extension of the contract, but his Petition was dismissed by the Commissioner of Education, and that dismissal was af?rmed by the Appellate Division of the New Jersey Superior Court on June 25, 2018. 14. Lyles? current contract will expire on June 30, 2020. 15. In 2016 the State returned the personnel and operations elements to the CBOE, and in 2018 the State returned full local control to the JCBOE. 16. Unburdened by State supervision and aware that the Lyles? contract had been extended for four more years, during 2018 and extending into 2019 the individual defendants and 'the CEA have engaged in a pattern of harassment and misconduct towards Lyles, including, on January 2, 2019, the introduction and passage as a walk-on, unadvertised action, of an unlawful Board Resolution of non-renewal of her contract. This took place as at the annual organization meeting, which was a special meeting with a set agenda. 1551224 Case Document 3 Filed 02/19/19 Page 4 of 16 PageID: 19 limitation, include: 1551224 The harassment and misconduct, by way of example only and not by way of a. Motivated by their personal and political agendas, Board President Thomas, CEA President Greco, and the JCEA, in?uenced the CBOE to routinely refuse to give Lyles the tools needed to run the District, in an attempt to cause her to fail as Superintendent. . The JCBOE, at the urging of Board President Thomas, and with the encouragement and support of Greco and the CEA, arbitrarily, capriciously, and in bad faith rejected needed personnel appointments recommended by Lyles, who, in making those recommendations, was ful?lling her statutory obligation pursuant to, inter alia, The JCBOE, at the urging of Board President Thomas, and with the encouragement and support of Greco and the CEA, in or about June of 2018, rejected Lyles? recommendation to renew her top level staff, including the General Counsel, and instead arbitrarily, capriciously, and in bad faith voted down the reappointments, again leaving Lyles without the tools needed to run the District properly. . The CBOE, along with Thomas and Greco and the JCEA, have violated Lyles? right to privacy, sharing personnel comments with CEA officials and others in an intentional, malicious, and plainly unlawful fashion. Since becoming Board President, Thomas, together with Greco and the JCEA, have repeatedly defamed and attempted to diminish Lyles in the eyes of the Case Document 3 Filed 02/19/19 Page 5 of 16 PageID: 20 1551224 JCBOE, the professional and non-professional staff of the JCBOE, the New Jersey Department of Education, and the public. Since becoming Board President in January of 2018, Thomas has grossly exceeded his lawful role as a board member, has continuously harassed the Superintendent, has interacted directly with staff, bypassing the Superintendent, and purporting to instruct them and sometimes to threaten them, has sent directly to or copied the Superintendent on over one thousand (1,000) emails, and has micro managed the District in a fashion clearly violative of applicable legal and ethical requirements. As a result of the June 2018 action, as set forth in Paragraph 18(c), the District was left Without an in house general counsel, which was an important and valuable tool for Lyles in performing the functions of Superintendent, thereby attempting intentionally to impede her ability to function. . Despite the requirements of both her contract and State law, the CBOE has failed and refused to evaluate Lyles? job performance since 2014. Despite the requirements of both her contract and State law, the CBOE has failed and refused to refer criticisms or complaints to Lyles and, instead, has engaged in unethical micromanagement of the School District. Even though Lyles is a statutory, non?voting member of the CBOE, Thomas refused to allow her to participate fully in or even to speak on critical issues. . As aforesaid, on or about January 2, 2019, with the advance knowledge, approval, and active participation of Thomas, and at the urging of Green and the JCEA, Roman introduced a Resolution of non-renewal of Lyles? contract, even Case Document 3 Filed 02/19/19 Page 6 of 16 PageID: 21 though the contract still had eighteen (18) months until it ended; (ii) the meeting was a special organization meeting, with a speci?c, published agenda, which did not include the non?renewal motion, which was illegally added to the agenda when the motion was made; the statutory requirement of 120 days? advance notice of non-renewal should properly be considered by the next board of education, will include members elected in November of 2019 and seated in January of 2020; and (iv) the actual and primary intention of the Resolution was to embarrass and defame Lyles. 18. Following the January 2 non-renewal, with the active assistance and participation of Roman, Greco and the CEA, Board President Thomas planned a ?special? meeting of the Board of Education, which took place on January 24, 2019. 19. The January 24 meeting was not called for action, did not allow for any possible vote on any item, and had no business purpose whatsoever. Rather, it was a forum carefully orchestrated by Board President Thomas, Roman, Greco, and the CEA to attempt to drive the last nail into the cof?n of Lyles? superintendency, authority, and reputation. 20. At the outset of the meeting, which lasted approximately two and one-half hours, Board President Thomas stated disingenuously that it was a ?listening? meeting ?to help in the decision making process.? This was disingenuous because the decision that most speakers addressed, by design, was the removal of Superintendent Lyles, which was a decision that had already been made at the prior meeting. 21. In fact, the January 24, 2019 special meeting was orchestrated by Board President Thomas, Roman, Greco, and the CEA to create an environment in which it would be impossible for Lyles to stay until her contract expired, but instead to force her to leave immediately. 1551224 Case Document 3 Filed 02/19/19 Page 7 of 16 PageID: 22 22. Although Board President Thomas began the meeting by announcing that the public was to ?re?'ain from attacking board members personally,? he did not apply that rule to attacks on Lyles, who, as Superintendent, is a statutory, non-voting member of the board of education. Instead, he let ad-hominem and inaccurate personal attacks on Superintendent Lyles go unchecked. 23. Approximately twenty-?ve individuals spoke, and no fewer than twelve (12) of the speakers attacked Superintendent Lyles in the most offensive, personal, and mean-spirited ways imaginable, and Board President Thomas permitted all of it. Several of the speakers were of?cers of the CEA, including CEA President Greco himself. 24. In what was plainly a predetermined agenda, speakers falsely blamed Superintendent Lyles for a ?$70 million deficit,? branded her an ?outsider,? told her to put an ?out of business? sign on her of?ce door, told her to ?be on her merry way,? accused her of ?misuse? of funds, told her to resign ?effective immediately,? told her it was time for her to ?pack up and g0,? and, in the words of CEA President Greco, who said that the Superintendent does ?nothing,? told her to ?pack your bag.? 25. Board President Thomas permitted all of this, without interruption. In fact, the only time that Thomas interrupted anyone was when fellow board member Shapiro, a supporter of the Superintendent, was speaking. 26. Additionally, during Shapiro?s remarks, which took place following public comment and during the board member comment portion of the meeting, in which he accurately characterized the meeting as having no purpose other than ?an opportunity to bash the administration,? JCEA President Greco is clearly heard interrupting Mr. Shapiro to shout out: members, you can go home.? The entire January 24, 2019 meeting may be viewed at 1551224 Case Document 3 Filed 02/19/19 Page 8 of 16 PageID: 23 cboe.org/boe20 content&view=article&id=l 83 <emid=1 1 E. 27. On the evening of January 31, 2019, the Board held another meeting. Again, Lyles was not properly noticed. 28. At that meeting, during a public participation, the Board again entertained a public ?ogging of Dr. Lyles, orchestrated by President Thomas, Greco, and the CEA. 29. At the conclusion of that meeting, the Board passed a Resolution which stated, in substance, that Dr. Lyles was relieved of her duties and, to the best of Plaintiff?s knowledge and belief, terminated. 30. When, on February 1, 2019, Dr. Lyles telephoned the Board Secretary/Business Administrator and requested the Resolution which dealt with her own employment she was told by the Board Secretary/Business Administrator that should could ?le a written request under the New Jersey Open Public Records Act. I 31. On February 1, 2019, m, Melissa A. Pearce, the New Jersey Department of Education?s interim Executive County Superintendent for Hudson County, sent a letter (?the February 1 Letter?) via email and certi?ed mail to Board President Thomas, copying the Commissioner of Education, his Chief of Staff, the Assistant Commissioner for ield Services, the Board Secretary/Business Administrator, and Dr. Lyles. 32. The February 1 Letter enumerated the ways in which Ms. Pearce had determined that the Board?s action of January 31, 2019 violated the law, and concluded as follows: ?For the I reasons set forth above, I have determined that the board resolution terminating Dr. Lyles violates the above statutes and regulations and is, therefore, invalid and void.? 1551224 33. Case Document 3 Filed 02/19/19 Page 9 of 16 PageID: 24 On Saturday, February 2, 2019, counsel for Dr. Lyles sent an email to counsel for the JCBOE. It read, in part: 34. Because the DOE has voided Thursday evening?s board action, Dr. Lyles remains the District?s active superintendent. Pursuant to N.J.S.A. 18:17-20, she has the legal responsibility to ?be the chief executive and administrative of?cer of the board? and to have ?general supervision? over all aspects of the district, including the ?scal Operation and the instructional programs. Accordingly, Dr. Lyles will be at work, in her of?ce ?rst thing Monday morning. In addition, since her legal responsibilities are with her seven days a week, we insist that the District May reinstate her access to her of?ce, reinstate all of her access to her computer and to electronic information, and notify Administration, staff, the JCEA, and the public in writing in clear and unambiguous terms (with a copies to Dr. Lyles) that Dr. Lyles is still the Superintendent and that any contrary notice or information is null and void by order of E.C.S. Melissa Pearce. Finally, Assistant Superintendent Walker must be separately noti?ed in writing, with a copy to Dr. Lyles, that his expanded role is also null and void. Please con?rm that this will all be done, and then please con?rm when it has been done There was no response to that email throughout the day and evening on February 2, and, although she was the Superintendent of the School District, \Dr. Lyles was denied access to the information and communications needed to allow her to do her job. 35. On the morning of Sunday, February 3, 2019, one of the JCBOE attorneys, Michael Gross, Esq., sent an email to Ms. Pearce, copying counsel and a number of individuals at the New Jersey Department of Education. 36. 1551224 Among other things, Mr. Gross?s email stated: a. That a response to Ms. Pearce?s letter was sent to her by Board President Thomas Friday evening, although no copy of the letter was attached and no copy was ever, to this moment, sent to Dr. Lyles or her counsel; and b. That there did not appear to be any legal authority Ms. Pearce?s actions; and c. Requesting that Ms. Pearce?s action be rescinded; and Case Document 3 Filed 02/19/19 Page 10 of 16 PageID: 25 d. Characterizing Dr. Lyles? intention to report to work in light of Ms. Pearce?s actions as ?threatening,? even though it was nothing more than a recognition of her statutory duties; and Actually threatening a ?scene? if Dr. Lyles came to work. Counsel for Dr. Lyles responded, stating in part: In his email, Mr. Gross refers to the Resolution which was passed on Thursday evening. Dr. Lyles has never seen the Resolution, and we, as her counsel. have never seen the Resolution. When Dr. Lyles called the Business Administrator on Friday to get a copy of the Resolution. she was told that she would have to ?le an OPRA request. Likewise, Mr. Gross refers to a letter from Mr. Thomas to your of?ce, apparently with attachments. Neither Dr. Lyles nor our of?ce has seen that communication either. The Board cannot intentionally keep us in the dark and then expect to engage in a reasonable process. It is unfair and unlawful and further evidences the game playing by the Board and its President that surrounds this entire issue. Dr. Lyles has been unable to carry out her statutory responsibilities since Friday, despite your letter and despite our communication quoted above. That circumstance places both Dr. Lyles and the District at risk. Mr. Gross?s suggestion is no way to handle this and is manifestly unfair to Dr. Lyles. The threat that there would be a ?scene? at the district administrative offices tomorrow, in plain defiance of your clear authority (whether or not a district is under state supervision) is outrageous. One can hardly understand what kind of ?scene? he is describing, unless the District decides to literally bar the door. It is the obligation of the District to follow the law. Dr. Lyles intends to do just that by ful?lling her responsibilities. [emphasis in original] The Department of Education replied ?irther. At 3:17 pm, Mr. Huber, Special Assistant to the Commissioner, wrote: 1551224 The Department is in receipt of your correspondence concerning the Jersey City Board of Education?s Resolution relieving Dr. Marcia Lyles of her duties as Superintendent of Jersey City Public Schools. Based upon your representations and the representations of Board Counsel, the Board did not intend to terminate Dr. Lyles, but rather intended to place her on administrative leave for the duration of her contract. Due to the differing interpretations of the language of the Board?s 10 Case Document 3 Filed 02/19/19 Page 11 of 16 PageID: 26 resolution, the invalidation of the Board?s resolution is stayed to provide the Board the opportunity to clarify any action against Dr. Lyles. The Department recommends the Board move a resolution clarifying the Board?s intention to place Dr. Lyles on administrative leave with pay. In addition, until the resolution is clari?ed, Dr. Lyles remains the Superintendent and retains all rights, access and obligations afforded a superintendent pursuant to N.J.S.A. However, due to the uncertainty of the resolution and her current status, it is Dr. Lyles? choice whether to report to work on Monday, February 4, 2019. 39. What followed that email de?es both logic and belief, also de?es all applicable law, and is re?ective of the malicious intentions of the defendants. 40. At 6:20 just ten minutes before kick-off of the Super Bowl, counsel for Dr. Lyles was noti?ed, after the fact, that the JCBOE had held an ?emergency? board meeting at 5:30 pm, less than two (2) hours after Mr. Huber?s email. 41. Even though Dr. Lyles has ?a seat on the board,? as a statutory, non-voting member, N.J.S.A. she was given absolutely no notice of the meeting, in plain violation of N.J.S.A. which requires such notice. The meeting also failed to qualify as an emergency meeting, and the JCBOE did not take the procedural steps required by law for an emergency meeting. 42. Although the meeting was apparently called by the Board President on less than 30- minutes notice for a personnel item related to Dr. Lyles, she also did not receive a Rice Notice, required to be given to any public employee in such a situation. Moreover, according to Board Member Shapiro, he was given so little notice less than thirty minutes that although he left for the meeting immediately, still was unable to be there before it concluded. 11 1551224 Case Document 3 Filed 02/19/19 Page 12 of 16 PageID: 27 43. Then, although it has supposedly taken action of February 3, on February 4, 2019, the Board held another meeting, also without a Rice Notice to Dr. Lyles, and again passed a resolution suspending her. 44. Then, on February 11, 2019, also without a Rice Notice to Dr. Lyles, the Board again passed a resolution suspending her, now having taken the same action on four different occasions January 31, February 3, February 4 and February 11. 45. The repeated passage of the same resolution, all without the legally required advance notice to Dr. Lyles, ?n'ther illustrates the malicious nature of the Defendants? true intentions. 46. During the past twenty-four months, as indicated, without limitation, by the preceding Paragraphs 16 45, Greco and the CEA have intentionally, maliciously, and tortuously interfered with Lyles? current and prospective economic and contractual rights with the CBOE. 47. During the past twenty-four months, as indicated, without limitation, by the preceding Paragraphs 16 45, Board President Thomas, board member Roman, and the JCBOE have created an unlawfully hostile work environment for Lyles. COUNT I (42 U.S.C. 1983) 48. Lyles repeats the allegations of Paragraphs 1 47 as if set forth herein at length. 49. By their actions, as aforesaid, and acting with deliberate and/or conscious indifference to the Lyles? constitutional rights, the defendants violate Lyles? rights including but not limited to her right to Due Process under the Fi?h and Fourteenth Amendments to the United States Constitution, as well as her ?ee speech and associational rights under the First Amendment to the United States Constitution, which violations were given imprirnatur by an of?cial decision or decisions made under color of law by one or more individuals vested with authority, actual and/or implied, to make such decisions for a public body of the State of New Jersey. 12 1551224 Case Document 3 Filed 02/19/19 Page 13 of 16 PageID: 28 50. In addition to its direct liability, the JCBOE is also vicariously responsible for the actions of Thomas and Roman, its agents, officers, or employees, by way of the doctrine of respondeat superior, and the CEA, in addition to its direct liability, is also vicariously responsible for the actions of Greco, its agent, of?cer, or employee, by way of the doctrine of respondeat 51. As a result, Lyles has suffered and will continues to suffer serious damages, both dignitary, ?nancial and emotional damages, as well as damage to her good name and to her personal and professional reputation. WHEREFORE, Marcia Lyles demands damages on this COUNT 1, against all defendants, jointly and severally, for: Compensatory Damages Punitive Damages Attorneys? fees and costs of suit, including but not limited to all recovery permitted by 42 U.S.C. 1988 Such other relief as the Court and/or triers of fact may deem just. (42 U.S.C. 1935) 52. Lyles repeats the allegations of Paragraphs 1 51 as if set forth herein at length. 5 3. By their actions, as aforesaid, the defendants have conspired together to Violate Lyles? civil rights and constitutional rights, including but not limited to her right to Due Process under the Fifth and Fourteenth Amendments to the United States Constitution, as well as her ?ee speech and associational rights under the First Amendment to the United States Constitution. 13 1551224 Case Document 3 Filed 02/19/19 Page 14 of 16 PageID: 29 54. In addition to its direct liability, the JCBOE is also vicariously responsible for the actions of Thomas and Roman, its agents, of?cers, or employees, by way of the doctrine of respondeat superior, and the JCEA, in addition to its direct liability, is also vicariously responsible for the actions of Greco, its agent, of?cer or employee, by way of the doctrine of respondeat m. 55. As a result, Lyles has suffered and will continues to suffer serious damages, both dignitary, financial and emotional damages, as well as damage to her good name and to her personal and professional reputation. VVHEREFORE, Marcia Lyles demands damages on this COUNT 11, against all defendants, jointly and severally, for: Compensatory Damages Punitive Damages Attorneys? fees and costs of suit, including but not limited to all recovery permitted by 42 U.S.C. 1988 Such other relief as the Court and/or triers of fact may deem just. COUNT (Hostile Work Environment) 56. Lyles repeats the allegations of Paragraphs 1 55 as if set forth herein at length. 57. By their actions, the defendants, jointly and severally, have created, contributed to and maintained a work environment hostile to Lyles, designed to impugn her personally and professionally and to cause her great emotional harm. 14 1551224 Case Document 3 Filed 02/19/19 Page 15 of 16 PageID: 30 58. In addition to its direct liability, the JCBOE is also vicariously responsible for the actions of Thomas and Roman, its agents, of?cers, or employees, by way of the doctrine of respondeat superior. WHEREF ORE, Marcia Lyles demands damages on this COUNT HI, against all defendants, jointly and severally, for: Compensatory Damages Punitive Damages Attorneys? fees and costs of suit, including but not limited to all recovery permitted by 42 U.S.C. 1988 Such other relief as the Court and/or triers of fact may deem just. COUNT IV (Tortious Interference) 59. Lyles repeats the allegations of Paragraphs 1 58 as if set forth herein at length. 60. By their actions, Greco and the JCEA have intentionally, maliciously, and tortuously interfered with Lyles? actual and prospective contracts and economic advantages. 61. In addition to its direct liability, the JCEA is also vicariously responsible for the actions of Greco, its agent, of?cer, or employee, by way of the doctrine of re_spondeat superior. WHEREFORE, Marcia Lyles demands damages on this COUNT IV, against all defendants Greco and JCEA, jointly and severally, for: Compensatory Damages Punitive Damages Attorneys? fees and costs of suit, including but not limited to all recovery permitted by 42 U.S.C. 1988 15 1551224 Case Document 3 Filed 02/19/19 Page 16 of 16 PageID: 31 Such other relief as the Court and/or triers of fact may deem just. Weiner Law Group, LLP Attorneys for Plaintiff Marcia Lyles By: 3/ Stephen Edelstein STEPHEN EDELSTEIN Dated: February 19, 2019 JURY DEMAND Plaintiff demands a trial by jury. Weiner Law Group, LLP Attorneys for Plaintiff Marcia Lyles By: s/Stephen Edelstein STEPHEN EDELSTEIN Dated: February 19, 2019 1551224 Case 2.197cvv02237 Document 1 Filed 01/30/19 Page 1 of 12 PageID: 1 Siephan I . Esq. 7 Attomey ID. 285031972 WEINER LAW GROUP LLP 629 Parsippany Road Parsippany, NJ 070540433 Tel, (973) 4034100; Fax (973) 403--0010 E>>Mail @fleinerlaw Aunmeys fur Plaintiff UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY MARCIA LYLES, Plaintiffs Civil Action No. VS. JERSEY CITY BOARD OF EDUCATION, SUDHAN TI IOMAS, both individually and as amember of Lhe lelsey City Bond of Education; MARILYN ROMAN, bodl individume and as a member offlie leISey City Board uf Education; JERSEY CITY EDUCATION and RONALD F. GRECO, boll] individually and as an officer oflhe Jersey City Education Association, COMPLAINT AND JURY DEMAND Defendants. Mania having her address Jemy City, New Jersey, says: JURISDICTION AND VENUE 1' This Conn has original subject matter jurisdiction over the violations alleged in uiis Complaint pulsuam the provisions 0f42 U's.c, 1933, 1935 and 1988 and 23 use. 1331 and 1343. Pursuant to 23 use 1367(a), this Court has supplememal jurisdiction over Plainlifi's slate law claimsi Case 2:19-cv-02237 Document 1 Filed 01/30/19 Page 2 of 12 PageID: 2 2. Venue is proper in the United States District Court for the District of New Jersey pursuant to 28 U.S.C.A. § 1391(a) m that the events giving rise to the claims set forth in the Complaint occurred in the District of New Jersey. PARTIES 3. Plaintiff Marcia Lyles ("Lyles") is the Superintendent of the Jersey City Public Schools. She resides in Jersey City, New Jersey. 4. Defendant Jersey City Board of Education ("the JCBOE") is a body politic and corporate, organized and existing by virtue of the laws of the State ofNew Jersey, N.J.S.A. 18A:11- 1, which is entrusted with maintaining and conducting the public schools of Jersey City. 5. Defendant Sudhan Thomas ("Thomas") is a member of the JCBOE, has served as a member since January of 2017, is currently the President of the JCBOE, and has served as President since January of 2018. Thomas is sued in both his official capacity and m his individual capacity. 6. Defendant Marilyn Roman ("Roman") is a member of the JCBOE and has served as a member since April of 2012. Roman is sued m both her official capacity and in her individual capacity. 7. Defendant Jersey City Education Association ("JCEA") is a labor organization which represents the teaching staff and other employees of the JCBOE. 8. Defendant Ronald F. Greco ("Greco") is the President of the JCEA. Greco has served as JCEA President since 2012. Greco is sued in both his official capacity and in his individual capacity. 1551224 Case 2:19-cv-02237 Document 1 Filed 01/30/19 Page 3 of 12 PageID: 3 BACKGROUND 9. The JCBOE consists of nine (9) members, all of whom are elected. 10. In 1989, the State of New Jersey Department of Education took over the operation of the Jersey City School System. 11. In 2012, while the JCBOE was still under the control of the State of New Jersey Department of Education, Lyles was hired as its Superintendent by a 6-2 vote of the Board of Education. Her contract was from July 1,2012 through June 30,2016. 12. In 2016, by operation of law, and over the objection ofGreco, the JCEA, and one or more board members, Lyle's contract was extended for another four-year term. 13. In fact, Greco sued to prevent the extension of the contract, but his Petition was dismissed by the Commissioner of Education, and that dismissal was affirmed by the Appellate Division of the New Jersey Superior Court on June 25,2018. 14. Lyles' current contract will expire on June 30,2020. 15. In 2016 the State returned the personnel and operations elements to the JCBOE, and in 2018 the State returned full local control to the JCBOE. 16. Unburdened by State supervision and aware that the Lyles contract had been extended, during 2018 and extending into 2019, and the individual defendants and the JCEA have engaged in a pattern of harassment and misconduct towards Lyles, culmmatmg on January 2, 2019, with an unlawful Board Resolution ofnon-renewal of her contract. 17. The harassment and misconduct, by way of example only and not by way of limitation, include: 1551224 Case 2:19-cv-02237 Document 1 Filed 01/30/19 Page 4 of 12 PageID: 4 a. Motivated by their personal and political agendas. Board President Thomas, Greco, and the JCEA, influenced the JCBOE to routinely refuse to give Lyles the tools needed to run the District, in an attempt to cause her to fail as Superintendent. b. The JCBOE, at the urgmg of Board President Thomas, and with the apparent encouragement and support of Greco and the JCEA, arbitrarily, capriciously, and in bad faith rejected needed personnel appointments recommended by Lyles, who, in making those recommendations, was fulfilling her statutory obligation pursuant to, inter alia, NJ.S.A. 18A:27-4.1. c. The JCBOE, at the urging of Board President Thomas, and with the apparent encouragement and support of Greco and the JCEA, in or about June of 2018, rejected Lyles' recommendation to renew her top level staff, including the General Counsel, and instead arbitrarily, capriciously, and in bad faith voted down the reappointments, again leaving Lyles without the tools needed to run the District properly. d. The JCBOE, along with Thomas and Greco and the JCEA, have violated Lyles right to privacy, sharing personnel comments with JCEA officials and others in an intentional, malicious, and plainly unlawful fashion. e. Since becoming Board President, Thomas, together with Greco and the JCEA, have repeatedly defamed and attempted to diminish Lyles in the eyes of the JCBOE, the professional and non-professional staff of the JCBOE, the New Jersey Department of Education, and the public. 1551224 Case 2:19-cv-02237 Document 1 Filed 01/30/19 Page 5 of 12 PageID: 5 f. Since becoming Board President in January of 2018, Thomas has grossly exceeded his lawful role as a board member, has continuously harassed the Superintendent, has interacted directly with staff, bypassing the Superintendent, and purporting to instruct them and sometimes to threaten them, has sent directly to or copied die Superintendent on over one thousand (1,000) emails, and has micro managed the District in a fashion clearly violative of applicable legal and ethical requirements. g. As a result of the JCBOE's June 2018 action, as set forth in Paragraph 18(c), the District was left: without an in house general counsel, which was an important and valuable tool for Lyles in performing the functions of Superintendent. h. Despite the requirements of both her contract and State law, the JCBOE has failed and refused to evaluate Lyles' job performance since 2014. i. Despite the requirements of both her contract and State law, the JCBOE has failed and refused to refer criticisms or complaints to Lyles and, instead, has engaged in unethical micromanagement of the School District. j. Even though Lyles is a statutory, non-voting member of the JCBOE, Thomas refused to allow her to participate fully in or even to speak on critical issues. k. On or about January 2, 2019, with the advance knowledge, approval, and active participation of Thomas, and at the urging of Greco and the JCEA, Roman introduced a Resolution of non-renewal of Lyles' contract, even though (i) the contract still had eighteen (18) months until it ended; (ii) the meeting was a special organization meeting, with a specific, published agenda, which did not include the non-renewal motion, which was illegally added to the agenda when 1551224 Case 2:19-cv-02237 Document 1 Filed 01/30/19 Page 6 of 12 PageID: 6 the motion was made; (iii) the statutory requirement of 120 days' advance notice of non-renewal should properly be considered by the next board of education, will include members elected in November of 2019 and seated in January of 2020; and (iv) the actual and primary intention of the Resolution was to embarrass and defame Lyles. 18. Following the January 2 non-renewal, Board President Thomas planned, with the active assistance and participation of Roman, Greco and the JCEA, a "special" meeting of the Board of Education, which took place on January 24,2019. 19. The January 24 meeting was not called for action and had no business purpose whatsoever. Rather, it was a forum carefully orchestrated by Board President Thomas, Roman, Greco, and the JCEA to attempt to drive the last nail into the coffin of Lyles' superintendency, authority, and reputation. 20. At the outset of the meeting, which lasted approximately two and one-half hours, Board President Thomas stated disingenuously that it was a "listening" meeting "to help in the decision makmg process." This was disingenuous because the decision that most speakers addressed, by design, was the removal of Superintendent Lyles, which was a decision that had already been made at the prior meeting. 21. hi fact, the January 24, 2019 special meeting was orchestrated by Board President Thomas, Roman, Greco, and the JCEA to create an environment in which it would be unpossible for Lyles to stay until her contract expired, but instead to force her to leave immediately. 22. Although Board President Thomas began the meeting by announcing that the public was to "refrain from attacking board members personally," he did not apply that rule to attacks on 1551224 Case 2:19-cv-02237 Document 1 Filed 01/30/19 Page 7 of 12 PageID: 7 Lyles, who, as Superintendent, is a statutory, non-voting member of the board of education. histead, he let personal attacks on Superintendent Lyles go unchecked. 23. Approximately twenty-five individuals spoke, and the vast majority of the public comment was scripted in either word or substance, or both. 24. No fewer than twelve (12) oftihe speakers attacked Superintendent Lyles in the most offensive, personal, and mean-spirited ways imagmable, and Board President Thomas permitted all of it. Several of the speakers were officers of the JCEA, including JCEA President Greco himself. 25. In what was plainly a predetermined agenda, speakers falsely blamed Superintendent Lyles for a "$70 million deficit," branded her an "outsider," told her to put an "out of business" sign on her office door, told her to "be on her merry way," accused her of "misuse of funds, told her to resign "effective immediately," told her it was time for her to "pack up and go," and, in the words of JCEA President Greco, who said that the Superintendent does "nothing," told her to "pack your bag." 26. Board President Thomas permitted all of this, without mterruption. In fact, the only tune that Thomas mtermpted anyone was when fellow board member Shapiro, a supporter of the Superintendent, was speaking. 27. Additionally, during Shapiro's remarks, in which he accurately characterized the meeting as havmg no purpose other than "an opportunity to bash the administration, JCEA President Greco is clearly heard interrupting Mr. Shapiro to shout out: JCEA members, you can go home." The entire January 24, 2019 meeting may be viewed at http://www.icboe.ore/boe2015/index.phu?option=com content&view~article&id=183&Itemid=ll 04. 1551224 Case 2:19-cv-02237 Document 1 Filed 01/30/19 Page 8 of 12 PageID: 8 28. During the past twenty-four months, as indicated, without limitation, by the preceding Paragraphs 16-27, Greco and the JCEA have intentionally, maliciously, and tortuously interfered with Lyles" current and prospective economic and contractial rights with the JCBOE. 29. During the past twenty-four months, as indicated, without limitation, by the preceding Paragraphs 16-27, Board President Thomas, board member Roman, and the JCBOE have created an unlawfully hostile work environment for Lyles. COUNT I (42 U.S.C. § 1983) 30. Lyles repeats the allegations of Paragraphs 1 - 29 as if set forth herein at length. 31. By their actions, as aforesaid, and acting with deliberate and/or conscious mdifference to the Lyles' constitutional rights, the defendants violate Lyles' rights including but not limited to her right to Due Process under the Fifth and Fourteenth Amendments to the United States Constitution, as well as her free speech and associational rights under the First Amendment to the United States Constitution, which violations were given imprimatur by an official decision or decisions made under color of law by one or more individuals vested with authority, actual and/or implied, to make such decisions for a public body of the State of New Jersey. 32. In addition to its direct liability, the JCBOE is also vicariously responsible for the actions of Thomas and Roman, its agents, officers, or employees, by way of the doctrine of respondeat suuerior, and the JCEA, in addition to its direct liability, is also vicariously responsible for the actions of Greco, its agent, officer or employee, by way of the doctrine of respondeat superior. 33. As a result, Lyles has suffered and will continues to suffer serious damages, both dignitary, financial and emotional damages, as well as damage to her good name and to her personal and professional reputation. 1551224 8 Case 2:19-cv-02237 Document 1 Filed 01/30/19 Page 9 of 12 PageID: 9 WHEREFORE, Marcia Lyles demands damages on this COUNT I, against all defendants, jointly and severally, for: (a) Compensatory Damages (b) Punitive Damages (c) Attorneys' fees and costs of suit, including but not limited to all recovery permitted by 42 U.S.C. § 1988 (d) Such other relief as the Court and/or triers of fact may deem just. COUNT II (42U.S.C.§1985) 34. Lyles repeats the allegations of Paragraphs 1 -33 as if set forth herein at length. 35. By their actions, as aforesaid, the defendants have conspired together to violate Lyles' civil rights and constitutional rights, including but not limited to her right to Due Process under the Fifth and Fourteenth Amendments to the United States Constitution, as well as her free speech and associational rights under the First Amendment to the United States Constitution. 36. In addition to its direct liability, the JCBOE is also vicariously responsible for the actions of Thomas and Roman, its agents, officers, or employees, by way of the doctrine of respondeat superior, and the JCEA, in addition to its direct liability, is also vicariously responsible for the actions of Greco, its agent, officer or employee, by way of the doctrine of respondeat superior. 37. As a result, Lyles has suffered and will continues to suffer serious damages, both dignitary, financial and emotional damages, as well as damage to her good name and to her personal and professional reputation. 1551224 Case 2:19-cv-02237 Document 1 Filed 01/30/19 Page 10 of 12 PageID: 10 WHEREFORE, Marcia Lyles demands damages on this COUNT II, against all defendants, jointly and severally, for: (a) Compensatory Damages (b) Punitive Damages (c) Attorneys' fees and costs of suit, including but not limited to all recovery permitted by 42 U.S.C. § 1988 (d) Such other relief as the Court and/or triers of fact may deem just. COUNT HI (Hostile Work Environment) 38. Lyles repeats the allegations of Paragraphs 1 -37 as if set forth herein at length. 39. By their actions, the defendants, jointly and severally, have created, contributed to and mamtained a work environment hostile to Lyles, designed to impugn her personally and professionally and to cause her great emotional harm. 40. In addition to its direct liability, the JCBOE is also vicadously responsible for the actions of Thomas and Roman, its agents, officers, or employees, by way of the doctrine of respondeat superior. WHEREFORE, Marcia Lyles demands damages on this COUNT III, against all defendants, jointiy and severally, for: (a) Compensatory Damages (b) Punitive Damages (c) Attorneys' fees and costs of suit, including but not limited to all recovery permitted by 42 U.S.C. § 1988 1551224 10 Case 2:19-cv-02237 Document 1 Filed 01/30/19 Page 11 of 12 PageID: 11 (d) Such other relief as the Court and/or triers of fact may deem just. COUNT TV (Tortious Interference) 41. Lyles repeats the allegations of Paragraphs 1 -40 as if set forth herein at length. 42. By their actions, Greco and the JCEA have intentionally, maliciously, and tortuously interfered with Lyles' actual and prospective contracts and economic advantages. 43. In addition to its direct liability, the JCEA is also vicariously responsible for the actions ofGreco, its agent, officer, or employee, by way of the doctrine ofrespondeat superior. WHEREFORE, Marcia Lyles demands damages on this COUNT TV, against all defendants Greco and JCEA, jointly and severally, for: (a) Compensatory Damages (b) Punitive Damages (c) Attorneys' fees and costs of suit, including but not limited to all recovery permitted by 42 U.S.C. § 1988 (d) Such other relief as the Court and/or triers of fact may deem just. Weiner Law Group, LLP Attorneys for Plaintiff Marcia Lyles By: s/Stephen Edelstein STEPHEN EDELSTEIN Dated: January 30,2019 1551224 11 Case 2:19-cv-02237 Document 1 Filed 01/30/19 Page 12 of 12 PageID: 12 JURY DEMAND Plaintiff demands a trial by jury. Weiner Law Group, LLP Attorneys for Plaintiff Marcia Lyles By: s/Stephen Edelstein STEPHEN EDELSTEIN Dated: January 30,2019 12 1551224 Case 2:19-cv-02237 Document 1-1 Filed 01/30/19 Page 1 of 1 PageID: 13 CWIL COVER SHEET JS44 (RBV. 06/17) The JS 44 civil cover sheet and the infomiatlon contained herein neither replace nor supplement the filing and service of pleadings or other papers as required b^law, except as provided by local rules of court. This foroi, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose ofiuitiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) DEFENDANTS I. (a) PLAINTIFFS Jersey City Board of Education, Sudhan Thomas, Marilyn Roman, Jersey City Education Association, Ronald F. Greco Marcia Lyles County of Residence of First Listed Defendant Hudson (b) County of Residence of Fiist Listed Plaintiff Hudson (IN U.S. PLAINTIFF CASES ONLY} (EXCEPT W U.S. PLAINTIFF CASES} NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. Attorneys (If Known) (c) Attorneys (Firm Name, Address, and Telephone Numbw) Stephen J. Edelstein, Esq., Weiner Law Group LLP, 629 Pareippany Road, Pareippany, NJ 07054, 973-403-1100 U. BASIS 0¥SUKlSDlCtlONfP^ an-X" in One Box Only) ffl. CITIZENSHIP OF PRINCIPAL PARTIES (Place an ••X" in One BoxforPlamUJJ(For Diversity Cases Only) and One Box. for Defendant) PTF DEF PTF DEF D 1 U.S. Government ^S- 3 Federal Question Plaintiff (U.S. Government Not a Puny) Citizen of This State 01 01 Incorporated wPnncipa] Place 04 D 4 of Business In Tliis State 0 2 US. Govenuneat 0 4 Diversity Defendant (Indicate Citizenship of Parties in hem III) Cilizen of Another Stale 02 02 Incoqiorated am/Principal Place 05 05 of Business In Another Stale CkizenorSubjeclofa 03 03 Foreign. Nation D 6 06 ForeiRn Country TV. NATURE OF SUIT (Place an "X" in One Box Only) Click here for; Nature of Suit Code Descriptions. spEQBElE^EttREffiEiSaaJI^ S-'^SSBiSSii PERSONAL INJURY D 110 Insurance 0 120 Marine 0 130 Miller Act 0 140 Negotiable Instrument d 150RecoveryofOveq»aymen.t D SlOAiiplane D 315 Aiiplane Product Liability a 320 Assaull, Libel & & Enfoirceinent of Judgment) 0 151 Medicare Act D 152 Recavery of Defaulted PERSONAL INJURY I 365 Personal Injury - Product Liability 3 367HeallhCaie/ Pharmaceudcal Slander Student Loans (Excludes Veterans) 0 153 Recovery of Overpayment of Veteran's Benefits Product Liability a 160 Stockholders' Suits 0 190 Other Contract a 195 Contract Product Liability a 196 Franchise 0 362 Peisanal Injury - "I 36S Asbestos Personal Injury Product Liability PERSONAL PROPERTY D 370 Other Fraud a 371 Truth in Lending a 380 Odier Personal Property Damage D 385 Property Damage Product Liability 3 710 Fair Labor Standards Act I 720 Labor/Management Relations 3 740 Railway Labor Act 3 751 Family and Medical Medical Malpractice 3; 440 Other Civil Rights 0 441 Voting 0 442 Employment 0 443 Housing/ Habeas Corpus: D 791 Employee Retirement D 463 Alien Detainee Income Security Acl ^SCI»iSlM^@eBffQBEfia^tii^> : ^s'^E?aU(SffiFSili i W]!tssj^^gi?^mQ^ss 3 790 Other Labor Litigation 0 210 Land Coudcmnation a 220 Foreclosure D 230 Rent Lease A Ejectment 0 240 Torts to Land 0 245 Tort Product Liability 0 290 AU Other Real Property 3 422 Appeal 28 USC 158 3 423 Withdrawal 3 400 Slate Reapportionmeni ;i=PRi6'PEl£']R^!iaiEiBiIS§ss^l 3 A 10 Antitrust 3 430 Banks and Banking 3 820Copynghts 3 450 Commerce 1 830 Patent 3 835 Patent-Abbreviated 3 460 Deportation 3 470 Racketecr Influenced and New Drug Application Corrupt Organizations 3 840 Trademark Personal Injury O 330 Federal Employers' Liability 0 340 Marine 0 345 Marine Product Liability 0 350 Motor Vehicle a 355 Motor Vehicle Product Liability a 360 Other Personal Injury 1 625 Drag Related Seizure ofPTOperty21USC881 3 690 Other %)smK&^(KEe'^^ri"l ^"EffiBi'sR=isasik??a^s^^f Agency Decision a 950 Constitutionahty of ^^siMs^^ssaas^^^ Slate Statutes "3 462 Naturatizalion Applicatioi 3 465 Other Immigration Actions Confinement V. ORIGIN (Nacean"X" m One SoxOnty) PC 1 Original a 2 Removed from 0 3 Remanded from D 4 Reinstated or D 5 Transferred from 0 6 Multidistrict Proceeding State Court Appellate Court Reopened Another District Litigation (specify) Transfer D 8 Multidistrict Litigation - Direct File Cite the U.S. Civil Statute under which you are filing fDonflf cite/urisrficliondsldfliteitrwfeMAwf-ritB): VI. CAUSE OF ACTION US Civil Statute: 28 USC 1983;1985, 1988 Brief description of cause: Violation of civil rights of employee VII. REQUESTED IN 0 CHECK IF THIS IS A CLASS ACTION DEMANDS CHECK YES only if demanded in complaint JURY DEMAND: M Yes DNo COMPLAINT: UNDER RULE 23, F.R-CV.P. VUI. RELATED CASE(S) IF ANY (See insiructions): DOCKET NUMBER JUDGE SIGNATURE OF ATTORNEY OF RECORD DATE 1/30/2019 /s/ Stephen J. Edelstein FOR OFNCE USE ONLY BECEQTff AMOUNT APPLYING IFP JUDGE MAG. JUDGE