AlaFile E-Notice

03-CV-2020-900268.00
To: SHANE THOMAS SEARS MR.
ssears@me.com

NOTICE OF ELECTRONIC FILING
IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA
DR. SAMUEL MARK ISLEY V. MICHAEL OWENS ET AL
03-CV-2020-900268.00
The following complaint was FILED on 2/18/2020 10:09:20 AM

Notice Date:

2/18/2020 10:09:20 AM

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
SAMUEL MARK ISLEY
Plaintiff,

)
)
)
)
)
)
)
vs.
)
)
MICHAEL OWENS, individually, and in )
his Official Capacity as Superintendent of )
LIMESTONE COUNTY BOARD OF
)
EDUCATION, BRET MCGILL,
)
individually, and as President of the
)
Limestone County Board of Education, )
FICTITIOUS PARTIES A, B, & C
)
)
Defendants.
)

Case Action Number:
CV-2020-

COMPLAINT AND EMERGENCY APPLICATION FOR
RESTRAINING ORDER OR, IN THE ALTERNATIVE, MOTION
FOR PRELIMINARY INJUNCTION
COMES NOW the Plaintiff, SAMUEL MARK ISLEY, by and thru
the undersigned attorney and hereby consents to the jurisdiction of the
Circuit Court of Montgomery County pursuant to Alabama Code (1975)
§36-26A-4(b) and pursuant to Rule 65 of the Alabama Rules of Civil
Procedure and files his Complaint and Emergency Application for
Restraining Order and Motion for Preliminary Injunction against the
Defendants as follows:

 DOCUMENT 2

I.
1.

PARTIES AND VENUE.

The Plaintiff, SAMUEL MARK ISLEY (“ISLEY”), is a

resident of Madison, Alabama, and is over the age of nineteen years.
2.

The Defendant, MICHAEL OWENS (“OWENS”), is a resident

of Limestone County, Alabama, and is over the age of nineteen years. He is
the superintendent of the Limestone County Board of Education.
3.

The Defendant, LIMESTONE COUNTY BOARD OF

EDUCATION, is a public school board in Limestone County, Alabama.
4.

The Defendant, BRET MCGILL (“MCGILL”), is a resident of

Limestone County, Alabama, and is over the age of nineteen years. He is the
president of the Limestone County School Board.
5.

Alabama Code (1975) 36-26A-4(b) states
(a) A state employee shall bring a civil action within two
years after the occurrence of the alleged violation of the chapter.
(b) A civil action may be brought in Montgomery County, or
in the county in which the supervisor against whom the civil
complaint is filed reside.

6.

The Defendants, fictitious parties A, B, and/or C, are those

individuals who participated in slandering, libeling, and/or discriminating
against the Plaintiff, the true identities of whom are not currently known.

2

 DOCUMENT 2

II.
7.

FACTUAL ALLEGATIONS.

The Plaintiff, Dr. Isley, is currently employed by the Limestone

County Board of Education as its executive director of human resources and
operations.
8.

The Defendant, Owens, placed Dr. Isley on administrative leave

with pay on January 27, 2020.
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
property. He was directed to return any electronic devices owned by the
Board including a Board phone and computer. See, Board correspondence
attached as exhibit “A”.
10.

Dr. Isley was escorted from the property by a Sheriff’s deputy

and visually searched by two deputies as he unloaded items from a Board
vehicle. (Affidavit of Samuel Mark Isley attached as exhibit “B”, paragraph
13.)
11.

The Board’s director of technology and public relations issued a

statement indicating that that Isley was the subject of an “ongoing
investigation.”

See, https://www.enewscourier.com/news/local_news/

breaking-county-schools-hr-director-placed-on-leave/
article_d1d379aa-4154-11ea-87c3-93f3ffd3fec2.html.
of Samuel Mark Isley, paragraph 14).
3

(See also, Affidavit

 DOCUMENT 2

12.

The Defendant, Owens, was quoted in the Athens News Courier

that Dr. Isley being placed on administrative leave was not the result of
factual allegations but something that was being “insinuated.” He reiterated
again that Dr. Isley was the subject of an “investigation.”

https://

www.enewscourier.com/news/local_news/limestone-county-schools-hrc 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 a67a-43789504339b.html.

(See also, Affidavit of Samuel Mark Isley,

paragraph 14.)
13.

Subsequently, a photograph of Defendant Owens was posted on

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-sattorney-alleges-retaliation-by-district/article_6bcb3b88-4c7c-11eab8db-1b0b42cf4187.html#utm_campaign=blox&utm_source=facebook&ut
m_medium=social.
14.

Such actions and statements are baseless and have slandered Dr.

Isley’s good name and character.

4

 DOCUMENT 2

15.

Within hours of being placed on administrative leave, the

Board’s attorney was contacted to determine the reason for Dr. Isley being
placed on leave. The Board’s attorney indicated in an email that “there is no
obligation on the part of a Superintendent to provide a reason for placing
someone on paid administrative leave.” See, email correspondence attached
as exhibit “C”. (See also, Affidavit of Samuel Mark Isley, paragraph 4.)
16.

The Board’s attorney was subsequently contacted by Dr. Isley’s

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

Samuel Mark Isley, paragraph 5.)
17.

To date, the Board or its attorney has not advised Dr. Isley

concerning the reason he was placed on administrative leave. Affidavit of
Samuel Mark Isley, paragraph 3.
18.

However, the Interim Superintendent, Owens, recently

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

could “submit a written statement to the Superintendent and the Board
explaining why you should not be terminated.”
attached as exhibit “C.”

5

See, Correspondence

 DOCUMENT 2

19.

Ridiculously, the Board wants Dr. Isley to provide a written

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.
20.

It is clear that the Board is attempting to terminate Dr. Isley

because he notified the Alabama State Department of Education (“ASDE”)
in an email that Defendants, Owens and the Limestone County Board of
Education, was violating board policy, state law, and placing the Board’s
Title I funds in jeopardy by hiring teachers who do not meet specified
criteria. See, emails attached as exhibit “D”. (See also, Affidavit of Samuel
Mark Isley, paragraph 6).
21.

Additionally, Dr. Isley is participating in an on going

investigation with the Federal Bureau of Investigation (“FBI”) and the U.S.
Department of Education (“USDE”) concerning Limestone County Board of
Education’s misuse of state and federal funds. (Affidavit of Samuel Mark
Isley, paragraph 7).
22.

Dr. Isley has provided this information in an affidavit under

oath to the ASDE and Superintendent Dr. Eric Mackey. Id. at paragraph 6.

6

 DOCUMENT 2

23.

Without question, Dr. Isley being placed on paid administrative

leave and being subject to wrongful termination is in retaliation for him
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
hiring any “Niggers” for a particular school principal position. Deshonna
Ford, an African American, overheard this conversation. Dr. Isley contacted
Limestone County Board member, Charles Shoulders (who is also African
American and the hire was in his district), to advise him of the racist
comment. Id. at paragraph 8.
25.

Dr. Isley also advised Owens, Dr. Brad Lewis, and CSFO Kim

Hubbard that the evaluative processes being utilized by Limestone County
Board of Education were not in compliance with Board policy or Alabama
Code, specifically, the LEAD Alabama and TEACH Alabama models. Id. at
paragraph 9.
26.

Dr. Isley also brought to light to the special education

coordinator, Tara Bacchus, and executive director of curriculum and
instruction, Brad Lewis, that special education students with individual
education plans (“IEPs”) were not receiving appropriate programming in
Limestone County’s online school curriculum. Id. at paragraph 10.
7

 DOCUMENT 2

27.

Dr. Isley also directed the Superintendent, Tom Sisk, CSFO,

Kim Hubbard, Coordinator of Human Resources, Deshonna Ford,
Administrative Assistant to the Superintendent, Chery Campbell, and
Secretary for Human Resources Director, Gina Schrimsher, that requiring
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.
Isley’s analysis. Id. at paragraph 11.
28.

Therefore, the Superintendent and Board president are

conspiring to terminate Dr. Isley to hide the Board’s illegal and
discriminatory practices. Id. at paragraph 10, 11, & 12.
29.

Fictitious parties A, B, and/or C, in an effort to damage the

Plaintiff’s reputation acted in concert to slander and libel Dr. Isley’s good
name and character.

8

 DOCUMENT 2

COUNT I (Request for Restraining Order, or in the Alternative,
Preliminary Injunction)
30.

Pursuant to Alabama Code (1975) 36-26A-3, Dr. Isley is a

“whistleblower” and subject to the protections of this statute.
A supervisor of a public employee shall not discharge,
demote, transfer, or otherwise discriminate against a state employee
regarding the state employee's compensation, terms, conditions or
privileges of employment if the state employee, reports, under oath
or in the form of an affidavit, a violation of a law, a regulation, or a
rule, promulgated pursuant to the laws of this state, or a political
subdivision of this state, to a public body. (emphasis added).
31.

Here, Dr. Isley is a public employee, receiving state retirement

and public benefits.
32.

He provided an affidavit under oath to a public body, the ASDE

and Dr. Eric Mackey, concerning violations of state and federal law
occurring at the Limestone County Board of Education. Dr. Isley has also
provided information to the FBI relative to its ongoing investigation.
33.

The Board has refused to provide Dr. Isley any information

concerning his placement on administrative leave and potential termination.
34.

Therefore, Dr. Isley requests that this Court restrain the

Defendants from the following actions:

9

 DOCUMENT 2

(a)

employing, hiring, investigating, meeting with any new

potential candidates for hire including but not limited to Superintendents,
administrative staff, principals, and teachers;
(b)

holding any Board meetings or votes concerning Dr.

Isley’s employment or termination;
(c)

publishing any statement on social media or otherwise

that Dr. Isley is under investigation; and,
(d)

withholding any information concerning the reason for

Dr. Isley being placed on paid administrative leave.
35.

Dr. Isley will sustain irreparable injury if the temporary

restraining order is not granted by this Court.
36.

Dr. Isley is attaching his affidavit in support of his application

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.
38.

The Defendants and fictitious parties A, B, and/or C, owed a

duty to the Plaintiff not to harm Dr. Isley in their posts on social media or
otherwise.

10

 DOCUMENT 2

39.

The Defendants and fictitious parties A, B, and/or C, actions

above were negligent which breached that duty and caused the Plaintiff, Dr.
Isley, harm including but not limited to annoyance, alarm, and
embarrassment.
40.

The Defendants and fictitious parties A, B, and/or C, actions

were the proximate cause of Plaintiff’s injuries and damages.
WHEREFORE, PREMISES CONSIDERED, the Plaintiff demands
judgment by struck jury against the Defendants and fictitious parties A, B,
and/or C, in an amount that the jury may award for compensatory damages.
COUNT III (Wantonness)
41.

Plaintiff readopts and re-alleges the facts as set-out above in

this Complaint.
42.

The Defendants and fictitious parties A, B, and/or C, actions

above were intentional, reckless, careless, and wanton which caused the
Plaintiff, Dr. Isley, harm including but not limited to annoyance, alarm, and
embarrassment.
43.

The Defendants and fictitious parties A, B, and/or C, actions

were the proximate cause of Plaintiff’s injuries and damages.
WHEREFORE, PREMISES CONSIDERED, the Plaintiff demands
judgment by struck jury against the Defendants and fictitious parties A, B,
and/or C, in an amount that the jury may award for punitive damages.
11

 DOCUMENT 2

COUNT IV (Libel/Slander)
44.

The Plaintiff readopts and re-alleges the facts as set-out above

in this Complaint.
45.

The Defendants and fictitious parties A, B, and/or C, actions

were wrongful, malicious, and designed to embarrass, and damage the
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

retraction of their statements pursuant to Alabama Code (1975) §6-5-186.
No retraction of any sort was made by Defendants.
47.

The Plaintiff suffered extreme mental and emotional anguish as

a result of Defendants and fictitious parties A, B, and/or C, wrongful
conduct.

The Plaintiff incurred or will be caused to incur attorney’s fees,

medical bills, and lost wages as a result of Defendants' deliberate and
malicious conduct.
48.

The Plaintiff, Dr. Isley, has suffered harm to his reputation,

humiliation, embarrassment, mental anguish, and distress concerning the
false and baseless allegations brought by the Defendants and fictitious
parties A, B, and/or C, on social media.

12

 DOCUMENT 2

49.

The willful and intentional acts of the Defendants and fictitious

parties A, B, and/or C, constitute libel and/or slander.
WHEREFORE, PREMISES CONSIDERED, the Plaintiff demands
judgment by struck jury against the Defendants and fictitious parties A, B,
and/or C,

in an amount that the jury may award for compensatory and

punitive damages.
COUNT V (Intentional Infliction of Emotional Distress)
50.

The Plaintiff readopts and re-alleges the facts as set-out above

in this Complaint.
51.

These actions by the Defendants and fictitious parties A, B,

and/or C, were wrongful, malicious, designed to embarrass, harass, and
damage the Plaintiff, Dr. Isley.
52.

The Plaintiff, Dr. Isley, suffered extreme mental and emotional

anguish as a result of Defendants’ wrongful conduct. The Plaintiff incurred
and will incur in the future attorney’s fees, medical bills, and lost wages, as a
result of Defendants' deliberate and malicious conduct.
53.

Plaintiff has suffered harm to her reputation, humiliation,

embarrassment, mental anguish and distress by being harassed by the
Defendants on social media and elsewhere.
54.

This conduct is reprehensible, atrocious, and should not be

tolerated in a civilized society.
13

 DOCUMENT 2

WHEREFORE, PREMISES CONSIDERED, the Plaintiff demands
judgment by struck jury against the Defendants and fictitious parties A, B,
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.
56.

The Defendants Owens, McGill, and fictitious parties A, B, &

C conspired to have Dr. Isley terminated by means that were unlawful,
oppressive, or immoral.
57.

The Plaintiff, Dr. Isley, suffered extreme mental and emotional

anguish as a result of Defendants’ wrongful conduct. The Plaintiff incurred
and will incur in the future attorney’s fees, medical bills, and lost wages, as a
result of Defendants' deliberate and malicious conduct.
58.

WHEREFORE, PREMISES CONSIDERED, the Plaintiff

demands judgment by struck jury against the Defendants and fictitious
parties A, B, and/or C, in an amount that the jury may award for
compensatory and punitive damages.

14

 DOCUMENT 2

OF COUNSEL:
The Sears Firm, P.C.
The Sears Building
5809 Feldspar Way, Suite 200
Birmingham AL 35244
(205) 989-1709; Fax (866) 754-9453
ssears@me.com
searsandsearslaw.com
THE PLAINTIFF DEMANDS TRIAL BY STRUCK JURY.

15

 DOCUMENT 2

PLEASE SERVE DEFENDANTS BY CERTIFIED MAIL AT
THE FOLLOWING ADDRESSES:
Mike Owens, Superintendent
Limestone County Board of Education
300 South Jefferson Street
Athens, Alabama 35611
Bret McGill
300 South Jefferson Street
Athens, Alabama 35611

16

 DOCUMENT 3
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

7. Additionally, I am being retaliated against for participating in an ongoing
investigation with the Federal Bureau of Investigation and the US.
Department of Education concerning Limestone County Board of
Education?s misuse of state and federal funds.

8. Also, I am being retaliated against for recommending to the Board an
employee for hire who is African American (because she was the best vetted
candidate) despite the Board president?s (Brett McGill) objection to hiring any
?Niggers? for the Tanner Elementary School Principal position.

9. Further, I am being retaliated against for advising Dr. Brad Lewis, Ms. Kim
Hubbard, Mr. Mike Owens, Mr. Bret McGill, Mr. Earl Glaze, and Mr. Bradley
Young that the Limestone County Board of Education's current evaluative process
used to evaluate district staff, classi?ed staff, and principals is not in compliance

with Board policy or Alabama Code. (Lead Alabama/ADMIN, Classi?ed
Evaluation 

10. Also, I am being conspired and retaliated against for informing Tara
Bacchus, Special Education Director, that special education students with
individualized education plans enrolled in Limestone County?s virtual
school, Alabama Connections, were/are not receiving adequate instruction and/or
serv1ces.

ll. Continuing, I am being conspired and retaliated against by district staff, the
LCBOE, including Interim Superintendent, Mr. Mike Owens, for challenging the
district?s misinterpretation and application of the Americans with Disability Act
(ADA) which currently requires that ALL employees returning from medical leave
(longer than 5 days) submit a medical certification form signed by their physician
indicating that the employee is ?Restriction-Free.? The Board attorney agreed in
writing with my analysis.

12. The interim superintendent and Board president are conspiring to terminate
me to hide the Board?s illegal and discriminatory practices.

DOCUMENT 4

13. was purposefully harassed and intimidated by Mike Owens, Interim
Superintendent, who instructed a Limestone County Sheriff Deputy to escort me
out of my of?ce, follow me to my car, visually searched me as I unloaded my
personal items from the school issued truck, and collected the key as another
sheriff deputy (SRO) and assistant principal looked on.

14. The Board?s director of technology and public relations issued a statement to
the media, at the direction of the interim superintendent Mr. Mike Owens,

indicating that I was the subject of an ?ongoing investigation? which directly
related to my placement on administrative leave.

15. Mr. Owens, Interim Superintendent, was quoted by and in the Athens News
Courier stating that my being placed on administrative leave was not the result of

factual allegations, but rather something that was being ?insinuated.? He reiterated
again that I was the subject of an ?investigation.?

16. The interim superintendent and Board?s conduct, including its hiring

practices, if continued, will negatively affect the children of Limestone County,
Alabama.

17. My ability to earn an income, my mental and my physical health will be

irrep ably in'ured if a tern orary restraining order is not granted.


samuel Ma lsley 0


83m to and subscribed before me this the 9 day of 3.8 2020.

Notary Public
My Co mission Expires:

Ll 2&12022

 

JENNIFER HINOTE
NOTARY PUBLIC
STATE OF ALABAMA
COMM. EXP. 04-23-2022

 

DOCUMENT 5

From:
Subject:
Date:
To:

Taylor Brooks TPB@LanierFord.com
RE: Mark Isley v. Limestone County BOE; 20January 27, 2020 at 12:23 PM
Shane Sears ssears@me.com

ELECTRONICALLY FILED
2/18/2020 10:09 AM
03-CV-2020-900268.00
CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMA
GINA J. ISHMAN, CLERK

Shane,
To my knowledge, there is no obligation on the part of a Superintendent to provide a
reason for placing someone on administrative leave with pay. If you have some authority
otherwise, please share it.
I will inform the Interim Superintendent of your request.
Thanks,
Taylor
From: Shane Sears [mailto:ssears@me.com]
Sent: Monday, January 27, 2020 11:38 AM
To: Taylor Brooks <TPB@LanierFord.com>
Subject: Mark Isley v. Limestone County BOE; 20-

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,

 DOCUMENT 5

 

 

 

DOCUMENT 5

Dr. Mat istey
Executive irector oi HumanResouces/Operations


vmestone County Board of Education

Re: Administrative Leave with Pay

Dem Dr. today:

You are hereby placed on administr tive leave vith pay mtit tumhor notice. During the time you

a
are on administrative leave, you may not enter upon any property of do Limestone County
Board of Education and you may not atend my events of the ercstone Comty Bond op

turn any etectromo devrces such as computers orp ones
Education. You no atsod cd 0v

irect 
Width are penned by the Limestone Comty Board of Educator.

Should you have any questions, please direct you comnmroatrons to me.

Sincerely, 

 

We MM
Mike Owens

Interim Superintendent
Limestone County Beardn ueenn



 



DOCUMENT 5

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
SAMUEL MARK ISLEY
Plaintiff,

)
)
)
)
)
)
)
vs.
)
)
MICHAEL OWENS, individually, and in )
his Official Capacity as Superintendent of )
LIMESTONE COUNTY BOARD OF
)
EDUCATION, BRET MCGILL,
)
individually, and as President of the
)
Limestone County Board of Education, )
FICTITIOUS PARTIES A, B, & C
)
)
Defendants.
)

Case Action Number:
CV-2020-

PLAINTIFF’S FIRST SET OF INTERROGATORIES TO
DEFENDANTS
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

their attorney(s), 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, and
why.
INTERROGATORIES
1.

State your correct name, telephone number, age, date of birth,

residence address.
2.

State your employer’s name, telephone number, and address.

3.

State the name of any and all boards, organizations, charitable

groups, religious organizations of which you are a member and your title.
4.

Identify by type and description each and every computer,

IPAD, mobile device that was utilized by Dr. Mark Isley to perform his job
duties including whether the information on each has been preserved for this
lawsuit.

2

 DOCUMENT 7

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.

3

 DOCUMENT 7

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.

4

 DOCUMENT 7

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

5

 DOCUMENT 7

account, whether written, recorded, or oral, made by any person, including
the parties, who claims to have any knowledge whatsoever pertaining in any
way to the occurrence referred to in the complaint. If so, state separately the
names, addresses, and telephone numbers of the persons who made such
statement or account and said person’s relationship to this defendant.
NOTE: This interrogatory does not seek production of the statements
themselves but seeks identity of those persons giving such statements.
26.

State the name, address and telephone number of each and

every person (including yourself) who, to your knowledge, information or
belief has some knowledge, or purports to have information regarding any
matter which is relevant to the subject matter involved in this action.
27.

State the name and address of any potential party to this

lawsuit, not already a party hereto.
28.

If you object to the production of any document called for by

Plaintiff contemporaneously filed and served Request for Production of
Documents on the basis of any claimed privilege, please state the following
with respect to each such document:
(a)

The author of the document;

(b)

The author's title or position;

(c)

The date of such document;

(d)

The person or persons to whom such document was sent;

(e)

The title or position of the person or persons to whom such

document was sent;
(f)

The type of document (i.e., internal memorandum, electronic

mail message, attorney-client correspondence, legal opinion memorandum,
etc.);

6

 DOCUMENT 7

(g)

Whether such document contains any reference to either of the

Defendants in this action; and,
(h)

The specific reason or reasons which you claim entitles such

document to protection from discovery.
29.

Do you understand that your answers to Defendant and

Counterclaimant’s interrogatories are under oath?

s/Shane T. Sears
SHANE T. SEARS [SEA026]
OF COUNSEL:
The Sears Firm, P.C.
The Sears Building
5809 Feldspar Way, Suite 200
Birmingham AL 35244
(205) 989-1709; Fax (866) 754-9453
ssears@me.com
searsandsearslaw.com

PLEASE SERVE PLAINTIFF’S FIRST INTERROGATORIES
TO DEFENDANTS WITH THE PLAINTIFF’S COMPLAINT AND
APPLICATION FOR RESTRAINING ORDER OR, IN THE
ALTERNATIVE, MOTION FOR PRELIMINARY INJUNCTION.
s/Shane T. Sears
OF COUNSEL

7

 DOCUMENT 7

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
SAMUEL MARK ISLEY
Plaintiff,

)
)
)
)
)
)
)
vs.
)
)
MICHAEL OWENS, individually, and in )
his Official Capacity as Superintendent of )
LIMESTONE COUNTY BOARD OF
)
EDUCATION, BRET MCGILL,
)
individually, and as President of the
)
Limestone County Board of Education, )
FICTITIOUS PARTIES A, B, & C
)
)
Defendants.
)

Case Action Number:
CV-2020-

PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION TO
DEFENDANTS
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.
NOTE A: These requests for production shall be deemed continuing so as to

 DOCUMENT 8

require supplemental responses upon receipt of additional information by this
Defendant or this Defendant’s attorney subsequent to your original response.
Any such supplemental responses are to be filed and served upon counsel for
Plaintiff within thirty (30) days from receipt of such additional information,
but not later than the first of the trial of this case.
1.

Produce a copy of both sides of your driver's license.

2.

Produce a copy of the hard drive of your computer, laptop, cellular
telephone, Ipad, or similar device including but not limited to any of
those devices utilized by Dr. Mark Isley to his attorney for forensic
analysis.

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.

6.

Produce a copy of any and all hiring and termination policies or
guidelines for the Limestone County Board of Education.

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.

9.

Produce copies of any photographs, videos, or motion pictures of the
persons, places or things involved in the occurrence made the basis of
this lawsuit.

2

 DOCUMENT 8

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.

3

 DOCUMENT 8

21.

Produce a copy of any and all photographs, videotapes, discs,
diagrams, recordings or other reproductions of any kind in the
possession of the defendant of any person, scene, relating to the
occurrence made the basis of this lawsuit.

s/Shane T. Sears
SHANE T. SEARS [SEA026]
OF COUNSEL:
The Sears Firm, P.C.
The Sears Building
5809 Feldspar Way, Suite 200
Birmingham AL 35244
(205) 989-1709; Fax (866) 754-9453
ssears@me.com
searsandsearslaw.com

PLEASE SERVE PLAINTIFF’S FIRST REQUESTS FOR
PRODUCTION TO DEFENDANTS WITH THE PLAINTIFF’S
COMPLAINT AND APPLICATION FOR RESTRAINING ORDER
OR, IN THE ALTERNATIVE, MOTION FOR PRELIMINARY
INJUNCTION.
s/Shane T. Sears
OF COUNSEL

4

 DOCUMENT 9
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
SAMUEL MARK ISLEY
Plaintiff,

)
)
)
)
)
)
)
vs.
)
)
MICHAEL OWENS, individually, and in )
his Official Capacity as Superintendent of )
LIMESTONE COUNTY BOARD OF
)
EDUCATION, BRET MCGILL,
)
individually, and as President of the
)
Limestone County Board of Education, )
FICTITIOUS PARTIES A, B, & C
)
)
Defendants.
)

Case Action Number:
CV-2020-

PLAINTIFF’S FIRST SET OF REQUESTS FOR ADMISSION TO
DEFENDANTS
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),

 DOCUMENT 9

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.
1.

Admit that jurisdiction and venue of this matter is proper in the
Circuit Court of Montgomery County, Alabama.

2.

Admit that your negligence proximately caused the injuries and
damages made the basis of this lawsuit.

3.

Admit that your wantonness proximately caused the injuries and
damages made the basis of this lawsuit.

2

 DOCUMENT 9

4.

Admit that the Plaintiff did nothing to proximately cause and/or
contribute to cause the plaintiff’s injuries and damages as alleged in
this lawsuit.

5.

Admit that you did not and do not presently have a factual basis to
make statements on social media or otherwise that Dr. Mark Isley is
under investigation by the Limestone County Board of Education.

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
County Board of Education was unsatisfactory.

7.

Admit that you were intentionally attempting to harm the Plaintiff’s,
Dr. Mark Isley, reputation by alleging that he is under investigation
by the Limestone County Board of Education.

8.

Admit that Dr. Mark Isley’s reputation has been harmed as a result of
your false and baseless allegations on social media or otherwise.

9.

Admit that Dr. Isley’s ability to earn an income now and in the future
has been harmed as a result of your false and baseless allegations on
social media or otherwise.

10.

Admit that your social media posts and words were intended to to
emotionally or physically harm Dr. Mark Isley.

3

 DOCUMENT 9

11.

Admit that your social media posts and words, in fact, did cause
others to take make statements against Dr. Mark Isley.

12.

Admit that your actions which are the subject of this litigation were
malicious and designed to injure the Plaintiff, Dr. Mark Isley.

13.

Admit that you are guilty of negligence, wantonness, harassment,
harassing communications, libel and slander, intentional infliction of
emotional distress which is at issue in this litigation caused the
Plaintiff, Dr. Mark Isley, to suffer injuries and damages.

(Note: Ala. R. Civ. Proc. 36(a) provides "An answering party may not
give lack of information or knowledge as a reason for failure to admit or
deny unless the party states that the party has made reasonable inquiry
and that the information known or readily obtainable by the party is
insufficient to enable the party to admit or deny. )

s/Shane T. Sears
SHANE T. SEARS [SEA026]
OF COUNSEL:
The Sears Firm, P.C.
The Sears Building
5809 Feldspar Way, Suite 200
Birmingham AL 35244
(205) 989-1709; Fax (866) 754-9453
ssears@me.com
searsandsearslaw.com
4

 DOCUMENT 9

PLEASE SERVE PLAINTIFF’S FIRST INTERROGATORIES
TO DEFENDANTS WITH THE PLAINTIFF’S COMPLAINT AND
APPLICATION FOR RESTRAINING ORDER OR, IN THE
ALTERNATIVE, MOTION FOR PRELIMINARY INJUNCTION.
s/Shane T. Sears
OF COUNSEL

5