notice of electronic filing - townnews...samuel mark isley ) plaintiff, ) ) ) ) case action number:...

AlaFile E-Notice

To: SHANE THOMAS SEARS [email protected]

03-CV-2020-900268.00

NOTICE OF ELECTRONIC FILING

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA

The following complaint was FILED on 2/18/2020 10:09:20 AM

DR. SAMUEL MARK ISLEY V. MICHAEL OWENS ET AL03-CV-2020-900268.00

Notice Date: 2/18/2020 10:09:20 AM

GINA J. ISHMANCIRCUIT COURT CLERK

MONTGOMERY COUNTY, ALABAMA

MONTGOMERY, AL, 36104

334-832-1260

251 S. LAWRENCE STREET

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ELECTRONICALLY FILED2/18/2020 10:09 AM

03-CV-2020-900268.00CIRCUIT COURT OF

MONTGOMERY COUNTY, ALABAMAGINA J. ISHMAN, CLERK

DOCUMENT 1


SAMUEL MARK ISLEY ) Plaintiff, ) ) ) ) Case Action Number: ) CV-2020- ) 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. )

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. PARTIES AND VENUE.

1. 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. FACTUAL ALLEGATIONS.

7. 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/

b r e a k i n g - c o u n t y - s c h o o l s - h r - d i r e c t o r - p l a c e d - o n - l e a v e /

article_d1d379aa-4154-11ea-87c3-93f3ffd3fec2.html. (See also, Affidavit

of Samuel Mark Isley, paragraph 14).

3

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-hr-

ch ie f - s -a t to rney-defends-c l ien t /a r t i c le_151332e2-41ea-11ea-

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-s-

attorney-alleges-retaliation-by-district/article_6bcb3b88-4c7c-11ea-

b8db-1b0b42cf4187.html#utm_campaign=blox&utm_source=facebook&ut

m_medium=social.

14. Such actions and statements are baseless and have slandered Dr.

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.” See, Correspondence

attached as exhibit “C.”

5

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.


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.


above were intentional, reckless, careless, and wanton which caused the

Plaintiff, Dr. Isley, harm including but not limited to annoyance, alarm, and

embarrassment.


were the proximate cause of Plaintiff’s injuries and damages.



and/or C, in an amount that the jury may award for punitive damages.

11

DOCUMENT 2

COUNT IV (Libel/Slander)


in this Complaint.


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.



and/or C, in an amount that the jury may award for compensatory and

punitive damages.

COUNT V (Intentional Infliction of Emotional Distress)


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



and/or C, in an amount that the jury may award for compensatory and

punitive damages.

COUNT VI (Conspiracy)


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 [email protected] 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 2




DOCUMENT 3




DOCUMENT 4

From: Taylor Brooks [email protected]: RE: Mark Isley v. Limestone County BOE; 20-

Date: January 27, 2020 at 12:23 PMTo: Shane Sears [email protected]

Shane, To my knowledge, there is no obligation on the part of a Superintendent to provide areason for placing someone on administrative leave with pay. If you have some authorityotherwise, please share it. I will inform the Interim Superintendent of your request. Thanks, Taylor From: Shane Sears [mailto:[email protected]] Sent: Monday, January 27, 2020 11:38 AMTo: Taylor Brooks <[email protected]>Subject: Mark Isley v. Limestone County BOE; 20- Taylor:My firm represents Mark Isley in this matter. He was placed on administrative leave withpay this morning. The interim superintendent did not provide him any informationconcerning the reason for his placement on administrative leave. I am attaching a copy ofthe correspondence for your review. Would you mind immediately providing me with the reason(s) for Mr. Isley’s placement onleave, i.e., the charge or accusation, any documents, videos, or recordings supporting suchplacement? Thank you,




DOCUMENT 5

DOCUMENT 5

Shane T. SearsAttorney at LawThe Sears Firm, P.C.The Sears Building5809 Feldspar Way Suite 200Birmingham, AL 35244(205) 989-1709(866) 754-9453 (fax)[email protected]

DOCUMENT 5




DOCUMENT 6



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.


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.


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?


action taken by any of the Defendants including members of the school

board took when they learned that Dr. Mark Isley had been interviewed by

the FBI.

21. Give the full name, present address, and phone number of each

and every person who was a witness to any of the allegations that forms the

basis of the Plaintiff’s complaint.

22. Give the full name and present address of each and every

person you intend to call as a witness in the trial of this case.

23. State the name and address of each and every expert witness

that you expect to call as an expert witness at the trial of this case, and state

the subject matter on which said expert(s) is expected to testify. This should

include the subject, the substance of the facts and opinions to which each

expert is expected to testify, the opinions to which each and every expert is

expected to testify, and a summary of the grounds of such opinions held by

each and every expert.

24. State the name, address, applicable policy numbers, nature of

coverages and policy limits that applies to any policy of insurance that you

were covered at the time of the allegations which form the basis of this

complaint.

25. State whether you or anyone to your knowledge has secured,

obtained, or has any knowledge of any signed or unsigned statement or

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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.);

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(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:


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

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PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION TO DEFENDANTS





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




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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.

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10. Produce copies of any and all documents, policies, or guidelines which the Defendants contend allow them to discriminate against any races or groups of people in the hiring process.

11. Produce each and every document pertaining to the allegations which are the subject of this lawsuit including but not limited to statements, social media pages, and criminal complaints.

12. Produce a list of any and all lawsuits (past or present) involving this Defendant. This should include the civil action number of any such lawsuits, location of filing, current disposition and identify plaintiff and defense counsel.

13. Produce a list of all witnesses to be called at the trial of this case.

14. Produce a list of all exhibits to be used at the trial of this case.

15. Produce a list of all expert witnesses to be called at the trial of this case.

16. Produce copies of any and all résumés or similar documents setting forth the educational background and qualifications of each and every expert witness who you expect to testify at the trial of this case.

17. Produce a copy of any and all statements, whether recorded or written, taken of the Plaintiff representative or any member of the Plaintiff’s representative’s family at any time.

18. Produce a copy of any and all statements, whether recorded or written, taken of any witness and/or anyone with any knowledge whatsoever of the incident made the basis of this lawsuit.

19. Produce a copy of your criminal history, including, but not limited to, each and every offense you have received for the last five (5) years.

20. Produce a copy of your liability insurance policy(s) for coverage on you at the time of the occurrence made the basis of this lawsuit, including the limits of liability.

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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:


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.


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PLAINTIFF’S FIRST SET OF REQUESTS FOR ADMISSION TO DEFENDANTS





Procedure to respond to Plaintiff’s First Interrogatories as follows:

DEFINITIONS

1. “Defendant”, "You" or "Your" as used in this request, the terms

you and your or defendant, refers to the named Plaintiff, his attorney(s),




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insurer(s), or anyone acting on her behalf, her attorney(s) behalf, and/or her

insurer(s) behalf.

2. "Document." If used below, “document” means any original

written, typewritten, handwritten, printed or recorded material, as well as all

tapes, discs, non-duplicate copies and transcripts thereof, now or at any time

in your possession, custody or control; and, without limiting the generality

of the foregoing definition, but for the purposes of illustration only,

"document" includes notes, correspondence, memoranda, business records,

diaries, calendars, address and telephone records, photographs, tape

recordings, financial statements and records, promotional materials,

examinations, and reports of examinations. IF SAID DOCUMENT IS

TWO-SIDED, PRODUCE A COPY OF THE DOCUMENT, BOTH FRONT

AND BACK.

If any document was, but is no longer, in your possession or subject to

your control, state what disposition was made of it, by whom, and the date or

dates or approximate date or dates on which such disposition was made.

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.

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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.

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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:


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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.


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