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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK _____________________________________________________

YAMILETTE WILLIAMS, Ed.D.,

Plaintiff,

SECOND

AMENDED COMPLAINT

v.

Index No. 15-cv-255

BUFFALO BOARD OF EDUCATION,

BUFFALO PUBLIC SCHOOLS,

CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO,

PAMELA BROWN, Ed.D., IN HER OFFICIAL CAPACITY,

PAMELA BROWN, Ed.D., IN HER INDIVIDUAL CAPACITY,

DARREN BROWN, IN HIS OFFICIAL CAPACITY,

DARREN BROWN, IN HIS INDIVIDUAL CAPACITY,

SHARON BELTON – COTTMAN, IN HER OFFICAL CAPACITY,

SHARON BELTON – COTTMAN, IN HER INDIVIDUAL CAPACITY,

MARY GUINN, Ed.D., IN HER OFFICAL CAPACITY,

MARY GUINN, Ed.D., IN HER INDIVIDUAL CAPACITY,

FLORENCE JOHNSON, IN HER OFFICAL CAPACITY,

FLORENCE JOHNSON, IN HER INDIVIDUAL CAPACITY,

MARY RUTH KAPSIAK, Ed.M., S.D.A., IN HER OFFICAL CAPACITY,

MARY RUTH KAPSIAK, Ed.M., S.D.A., IN HER INDIVIDUAL CAPACITY,

JOHN LICATA, ESQ., IN HIS OFFICIAL CAPACITY,

JOHN LICATA, ESQ., IN HIS INDIVIDUAL CAPACITY,

JASON M. MCCARTHY, IN HIS OFFICIAL CAPACITY,

JASON M. MCCARTHY, IN HIS INDIVIDUAL CAPACITY,

BARBARA SEALS NEVERGOLD, Ph.D., IN HER OFFICIAL CAPACITY,

BARBARA SEALS NEVERGOLD, Ph.D., IN HER INDIVIDUAL CAPACITY,

CARL PALADINO, ESQ., IN HIS OFFICAL CAPACITY,

CARL PALADINO, ESQ., IN HIS INDIVIDUAL CAPACITY,

JAMES M. SAMPSON, IN HIS OFFICIAL CAPACITY,

JAMES M. SAMPSON, IN HIS INDIVIDUAL CAPACITY,

THERESA HARRIS-TIGG, Ph.D., IN HER OFFICIAL CAPACITY,

THERESA HARRIS-TIGG, Ph.D., IN HER INDIVIDUAL CAPACITY,

Defendants.

____________________________________________________

YAMILETTE WILLIAMS, Ed.D., by her attorney, Raymond P. Kot II, for her

Complaint against the Defendants, alleges as follows:

INTRODUCTION

1. This is an action to recover damages from Defendants BUFFALO

BOARD OF EDUCATION, BUFFALO PUBLIC SCHOOLS, CITY SCHOOL

DISTRICT OF THE CITY OF BUFFALO, PAMELA BROWN, Ed.D., IN HER

OFFICIAL CAPACITY, PAMELA BROWN, Ed.D., IN HER INDIVIDUAL

CAPACITY, DARREN BROWN, IN HIS OFFICIAL CAPACITY, DARREN BROWN,

IN HIS INDIVIDUAL CAPACITY, SHARON BELTON – COTTMAN, IN HER

OFFICAL CAPACITY, SHARON BELTON – COTTMAN, IN HER INDIVIDUAL

CAPACITY, MARY GUINN, Ed.D., IN HER OFFICAL CAPACITY, MARY GUINN,

Ed.D., IN HER INDIVIDUAL CAPACITY, FLORENCE JOHNSON, IN HER

OFFICAL CAPACITY, FLORENCE JOHNSON, IN HER INDIVIDUAL CAPACITY,

MARY RUTH KAPSIAK, Ed.M., S.D.A., IN HER OFFICAL CAPACITY, MARY

RUTH KAPSIAK, Ed.M., S.D.A., IN HER INDIVIDUAL CAPCITY, JOHN LICATA,

ESQ., IN HIS OFFICIAL CAPACITY, JOHN LICATA, ESQ., IN HIS INDIVIDUAL

CAPACITY, JASON M. MCCARTHY, IN HIS OFFICIAL CAPACITY, JASON M.

MCCARTHY, IN HIS INDIVIDUAL CAPACITY, BARBARA SEALS NEVERGOLD,

PH.D., IN HER OFFICIAL CAPACITY, BARBARA SEALS NEVERGOLD, PH.D., IN

HER INDIVIDUAL CAPACITY, CARL PALADINO, ESQ., IN HIS OFFICIAL

CAPACITY, CARL PALADINO, ESQ., IN HIS INDIVIDUAL CAPACITY, JAMES

M. SAMPSON, IN HIS OFFICIAL CAPACITY, JAMES M. SAMPSON, IN HIS

INDIVIDUAL CAPACITY, THERESA HARRIS-TIGG, Ph.D., IN HER OFFICIAL

CAPACITY, THERESA HARRIS-TIGG, Ph.D., IN HER INDIVIDUAL CAPACITY.

The Plaintiff’s claims are based on the Defendants’ interstate Internet solicitation,

contractual hiring via written employment contract and sound in negligent termination,

breach of contract, negligent supervision, negligent retention and defamation of

character.

PARTIES

2. Plaintiff, YAMILETTE WILLIAMS, Ed.D., during her contractual

employment with Defendant BUFFALO BOARD OF EDUCATION resided at 100 S.

Elmwood Avenue, Buffalo, NY 14202 and shortly after her termination by Defendants

returned to her home in the state of Florida located at 1560 Malaluka Street, Deltona,

Florida 32725.

3. During all relevant times stated in this complaint Defendants were all

known to reside in New York State.

4. Presently and at all times relevant to allegations contained within this

complaint Defendants BUFFALO BOARD OF EDUCATION, BUFFALO PUBLIC

SCHOOLS and CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO are

headquartered at Buffalo City Hall, Room 712, Buffalo, New York 14202.

5. Presently the following Defendants reside as specified herein: PAMELA

BROWN, Ed.D., IN HER OFFICIAL CAPACITY and PAMELA BROWN, Ed.D., IN

HER INDIVIDUAL CAPACITY resides at 1160 Promenade Street, Hercules, California

94547 and 16252 Enders Street, Fontana, California 92336; DARREN BROWN, IN HIS

OFFICIAL CAPACITY and DARREN BROWN, IN HIS INDIVIDUAL CAPACITY

resides at 170 Parkledge Drive, Amherst, New York 14226; SHARON BELTON –

COTTMAN, IN HER OFFICAL CAPACITY and SHARON BELTON – COTTMAN,

IN HER INDIVIDUAL CAPACITY resides at 68 Brunswick Blvd., Floor 2, Buffalo,

New York 14208; MARY GUINN, Ed.D., IN HER OFFICAL CAPACITY and MARY

GUINN, Ed.D., IN HER INDIVIDUAL CAPACITY resides in 26 Wedgeside Drive,

Little Rock, Arkansas 72210; FLORENCE JOHNSON, IN HER OFFICAL CAPACITY

and FLORENCE JOHNSON, IN HER INDIVIDUAL CAPACITY resides at 40 Pansy

Place, Buffalo, New York 14208; MARY RUTH KAPSIAK, Ed.M., S.D.A., IN HER

OFFICAL CAPACITY and MARY RUTH KAPSIAK, Ed.M., S.D.A., IN HER

INDIVIDUAL CAPCITY resides at 462 Hickory Street, Buffalo, New York 14204;

JOHN LICATA, ESQ., IN HIS OFFICIAL CAPACITY and JOHN LICATA, ESQ., IN

HIS INDIVIDUAL CAPACITY resides at 519 Ashland Avenue, Buffalo, New York

14222; JASON M. MCCARTHY, IN HIS OFFICIAL CAPACITY, JASON M.

MCCARTHY, IN HIS INDIVIDUAL CAPACITY resides at 162 Admiral Road,

Buffalo, New York 14216; BARBARA SEALS NEVERGOLD, PH.D., IN HER

OFFICIAL CAPACITY and BARBARA SEALS NEVERGOLD, PH.D., IN HER

INDIVIDUAL CAPACITY resides at 984 Parkside Avenue, Buffalo, New York 14216;

CARL PALADINO, ESQ., IN HIS OFFICIAL CAPACITY and CARL PALADINO,

ESQ., IN HIS INDIVIDUAL CAPACITY resides at 282 Potters Road, Buffalo, New

York 14220 and 40 Deer Run, Orchard Park, New York 14127; JAMES M. SAMPSON,

IN HIS OFFICIAL CAPACITY and JAMES M. SAMPSON, IN HIS INDIVIDUAL

CAPACITY resides at 548 Richmond Avenue, Buffalo, New York 14222, and

THERESA HARRIS-TIGG, Ph.D., IN HER OFFICIAL CAPACITY and THERESA

HARRIS-TIGG, Ph.D. IN HER INDIVIDUAL CAPACITY resides at 35 McCarthy

Drive, Buffalo, New York 14211.

6. Defendants BUFFALO BOARD OF EDUCATION, BUFFALO PUBLIC

SCHOOLS and CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO are a

subdivision of the City of Buffalo; a New York State chartered (incorporated) entity for

the purpose of educating children in grade Pre-K through grade twelve who live within

the limits of the City of Buffalo, New York.

7. Defendant PAMELA BROWN, Ed.D., IN HER OFFICIAL CAPACITY,

and PAMELA BROWN, Ed.D., IN HER INDIVIDUAL CAPACITY is at all times

relevant to the facts and allegations contained within this complaint the Superintendent of

Defendants BUFFALO PUBLIC SCHOOLS and CITY SCHOOL DISTRICT OF THE

CITY OF BUFFALO.

8. Defendant DARREN BROWN, IN HIS OFFICIAL CAPACITY and

DARREN BROWN, IN HIS INDIVIDUAL CAPACITY is at all times relevant to the

facts and allegations contained within this complaint the Talent Management Director or

Director of Talent Management (Human Resource Director) for Defendants BUFFALO

PUBLIC SCHOOLS and CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO.

9. Defendant SHARON BELTON – COTTMAN, IN HER OFFICAL

CAPACITY and SHARON BELTON – COTTMAN, IN HER INDIVIDUAL

CAPACITY is at all times relevant to the facts and allegations contained within this

complaint a member of Defendant BUFFALO BOARD OF EDUCATION.

10. Defendant MARY GUINN, Ed.D., IN HER OFFICAL CAPACITY and

MARY GUINN, Ed.D., IN HER INDIVIDUAL CAPACITY is at all times relevant to

the facts and allegations contained within this complaint was an employee of the

Defendants BUFFALO BOARD OF EDUCATION, BUFFALO PUBLIC SCHOOLS

and CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO.

11. Defendant FLORENCE JOHNSON, IN HER OFFICAL CAPACITY and

FLORENCE JOHNSON, IN HER INDIVIDUAL CAPACITY is at all times relevant to

the facts and allegations contained within this complaint a member of Defendant

BUFFALO BOARD OF EDUCATION.

12. Defendant MARY RUTH KAPSIAK, Ed.M., S.D.A., IN HER OFFICAL

CAPACITY and MARY RUTH KAPSIAK, Ed.M., S.D.A., IN HER INDIVIDUAL

CAPCITY is at all times relevant to the facts and allegations contained within this


13. Defendant JOHN LICATA, ESQ., IN HIS OFFICIAL CAPACITY and

JOHN LICATA, ESQ., IN HIS INDIVIDUAL CAPACITY is at all times relevant to the

facts and allegations contained within this complaint a member of Defendant BUFFALO

BOARD OF EDUCATION.

14. Defendant JASON M. MCCARTHY, IN HIS OFFICIAL CAPACITY and

JASON M. MCCARTHY, IN HIS INDIVIDUAL CAPACITY is at all times relevant to

the facts and allegations contained within this complaint a member of Defendant

BUFFALO BOARD OF EDUCATION.

15. Defendant BARBARA SEALS NEVERGOLD, PH.D., IN HER

OFFICIAL CAPACITY and BARBARA SEALS NEVERGOLD, PH.D., IN HER

INDIVIDUAL CAPACITY is at all times relevant to the facts and allegations contained

within this complaint a member of Defendant BUFFALO BOARD OF EDUCATION.

16. Defendant CARL PALADINO, ESQ., IN HIS OFFICIAL CAPACITY

and CARL PALADINO, ESQ., IN HIS INDIVIDUAL CAPACITY is at all times

relevant to the facts and allegations contained within this complaint a member of

Defendant BUFFALO BOARD OF EDUCATION.

17. Defendant JAMES M. SAMPSON, IN HIS OFFICIAL CAPACITY,

JAMES M. SAMPSON, IN HIS INDIVIDUAL CAPACITY is at all times relevant to the

facts and allegations contained within this complaint a member of Defendant BUFFALO

BOARD OF EDUCATION.

18. Defendant THERESA HARRIS-TIGG, Ph.D., IN HER OFFICIAL

CAPACITY and THERESA HARRIS-TIGG, Ph.D., IN HER INDIVIDUAL

CAPACITY is at all times relevant to the facts and allegations contained within this


JURISDICTION AND VENUE

19. The Court has jurisdiction over this dispute pursuant to 28 USC §1332(a)

(1). Plaintiff is a citizen of the United States and presently a resident of the state of

Florida while presently none of the Defendants are residents of the state of Florida.

20. Venue is properly laid in this judicial district pursuant to 28 U.S.C.

§1391(b) (2) on the ground that a substantial portion of the events, errors, acts and or

omissions giving rise to the claims occurred in this district. Venue is also properly laid

this judicial district pursuant to 18 U.S.C. §1965 because the Defendants are subject to

personal jurisdiction in this judicial district and reside in this judicial district.

FACTS

21. Plaintiff YAMILETTE WILLIAMS, Ed.D., is an experienced educator

with degrees in Educational Leadership- Doctorate, Project Management – Masters and

Organizational Management – Bachelors.

22. Together Plaintiff YAMILETTE WILLIAMS, Ed.D., and I attended to an

investigation into the background facts, circumstances and supporting documentation that

are referenced and incorporated in this complaint and my knowledge is based upon

information and belief.

23. This claim is for negligent supervision, negligent retention, breach of

contract, negligent termination and defamation of character.

24. The cause of action enumerated infra as the Fifth Cause of Action against

Defendant CARL PALADINO, ESQ., arose from a series of events summarized as

Defamation of character that occurred before, during and after the suspension and

termination processes.

25. The Defendants negligently hired Plaintiff YAMILETTE WILLIAMS,

Ed.D., by misrepresenting to her that she had adequate or sufficient credentials including

certification to work for Defendants CITY SCHOOL DISTRICT FOR THE CITY OF

BUFFALO / BUFFALO PUBLIC SCHOOLS / BUFFALO BOARD OF EDUCATION

as Chief of Curriculum, Assessment & Instruction by offering her a contract for

employment in the position of Chief of Curriculum, Assessment & Instruction. Said

misrepresentation occurred by silent affirmation of the credentials presented by Plaintiff

YAMILETTE WILLIAMS, Ed.D., at time of application, interview and hiring were

sufficient and adequate.

26. The Defendants knew exactly what Plaintiff YAMILETTE WILLIAMS,

Ed.D., educational and certification backgrounds were at the time of applying,

interviewing and hiring her for the position of Chief of Curriculum, Assessment &

Instruction as she provided Defendants a resume listing all degrees and certifications that

she had earned. A copy of Plaintiff YAMILETTE WILLIAMS’, Ed.D., application for

employment will demonstrate at time of interview and hiring she truthfully declared her

lack of a valid New York State Education Department Certification for the positions

applied and interviewed for. A copy of Plaintiff YAMILETTE WILLIAMS’, Ed.D.,

application for employment with the Defendant BUFFALO BOARD OF EDUCATION

will be obtained from the Defendant BUFFALO BOARD OF EDUCATION through the

discovery process. Plaintiff YAMILETTE WILLIAMS,’ Ed.D., resume submitted at

time of hiring demonstrates she did not misrepresent that fact she lacked New York

Education Department Certification. A copy of Plaintiff YAMILETTE WILLIAMS’,

Ed.D., resume is annexed heretofore as Exhibit A.

27. On July 10, 2013 Plaintiff YAMILETTE WILLIAMS, Ed.D., submitted

an application for employment with the BUFFALO PUBLIC SCHOOL DISTRICT for

Internet professional employment posting as Assistant Superintendent of Curriculum

Assessment and Leadership Development and subsequently Chief of Curriculum,

Assessment & Instruction for the BUFFALO PUBLIC SCHOOLS / CITY SCHOOL

DISTRICT OF THE CITY OF BUFFALO / BUFFALO PUBLIC SCHOOL DISTRICT

in Buffalo, New York.

28. That the background and credentials of Plaintiff YAMILETTE

WILLIAMS, Ed.D., were adequately vetted, first via her submission of an application for

employment to Defendant BUFFALO BOARD OF EDUCATION, an application that

identified her lack of New York State School Certification and second via personal

interviews conducted by a search committee.

29. After submitting a resume, Plaintiff YAMILETTE WILLIAMS, Ed.D.,

was interviewed by a multimember panel consisting of Defendant PUBLIC SCHOOLS

leaders including Defendant MARY GUINN, Ed.D., Buffalo Public Schools Interim

Superintendent (prior to March 2014, a consultant with Cross & Joftus), Defendant

DARREN BROWN, Buffalo Public Schools Executive Director of Human Resources,

Debra Sykes, Chief of Strategic Alignment and Innovation, Cassandra Wright, Chief of

School Leadership, Kelly Baudo, Director of Science, as well as Julie Romaine, Director

of ELA.

30. During this interview Plaintiff YAMILETTE WILLIAMS, Ed.D., was not

asked about her education certification background nor her certification to work in New

York State as a school district leader.

31. The interview that occurred on July 19, 2013 lasted for about one hour.

32. A second interview occurred about one week later with Superintendent

Defendant PAMELA BROWN, Ed.D., during which Defendant PAMELA BROWN,

Ed.D., neglected to inquire about her certifications.

33. Shortly thereafter, Plaintiff YAMILETTE WILLIAMS’, Ed.D., interview

with Defendant PAMELA BROWN, Ed.D., she received a written offer for a contract

from Defendant PAMELA BROWN, Ed.D..

34. On July 24, 2013 Plaintiff YAMILETTE WILLIAMS, Ed.D., signed an

acceptance for the offer of Chief of Curriculum, Assessment & Instruction for the

Defendant CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO (BUFFALO

PUBLIC SCHOOL DISTRICT) which noted that she would apply for interstate

certification reciprocity. That Defendants represented to her that she should apply for

interstate certification reciprocity and in good faith, Plaintiff YAMILETTE WILLIAMS,

Ed.D., relied upon this representation as sufficient to maintain her employment.

35. That on July 24, 2013 Plaintiff YAMILETTE WILLIAMS, Ed.D., signed

a two year contract with Defendant BOARD OF EDUCATION OF THE CITY SCHOOL

DISTRICT OF THE CITY OF BUFFALO OR BOARD for the position of Chief of

Curriculum, Assessment & Instruction which is annexed heretofore as Exhibit B.

36. At that time no preconditions were stated to Plaintiff YAMILETTE

WILLIAMS, Ed.D., by Defendants for her employment as Chief of Curriculum,

Assessment & Instruction with the Defendant CITY SCHOOL DISTRICT OF THE

CITY OF BUFFALO (BUFFALO PUBLIC SCHOOL DISTRICT).

37. The Defendants intended Plaintiff YAMILETTE WILLIAMS, Ed.D., to

rely upon and act upon a renewable two year employment contract that essentially

prohibited employment outside what Defendants offered and was signed by Defendant

PAMELA BROWN, Ed.D., and eventually ratified by Defendant BUFFALO BOARD

OF EDUCATION. Said ratification vote in Executive Session by a majority of

Defendant members of the BUFFALO BOARD OF EDUCATION is available via the

discovery process.

38. Then on August 1, 2013 Plaintiff YAMILETTE WILLIAMS, Ed.D.,

began working in the position of Chief of Curriculum, Assessment & Instruction under

the contract that she had signed with Defendants BUFFALO BOARD OF EDUCATION

/ CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO / BUFFALO PUBLIC

SCHOOL DISTRICT.

39. During the first week after starting her employment in the position of

Chief of Curriculum, Assessment & Instruction, Plaintiff YAMILETTE WILLIAMS,

Ed.D., was advised to apply for interstate certification reciprocity which she promptly

applied.

40. Plaintiff YAMILETTE WILLIAMS, Ed.D., had come into her position

with Defendant BUFFALO PUBLIC SCHOOLS with two out of state education

certificates and continues to maintain the same two out of state education certificates, one

in the state of Oklahoma and one in the state of Florida.

41. Plaintiff YAMILETTE WILLIAMS, Ed.D., possesses a state of Oklahoma

education certificate in Administration while she possesses a state of Florida education

certificate in Educational Leadership.

42. On December 07, 2013, Plaintiff YAMILETTE WILLIAMS, Ed.D., was

granted by New York State Education Department via reciprocity a conditional School

Building Leader’s Certificate.

43. This information was clearly presented to Defendant DARREN BROWN

of Defendant BUFFALO PUBLIC SCHOOL’S talent management and Molly Zizzo, also

of Defendant BUFFALO PUBLIC SCHOOLS, who in turn presented a letter dated

December 23, 2013 to Plaintiff YAMILETTE WILLIAMS, Ed.D., with no mention that

said certification was not suitable for the position she then held.

44. Plaintiff YAMILETTE WILLIAMS, Ed.D., continued to work in her

position as Chief of Curriculum, Assessment & Instruction throughout this period, from

hiring until late March, 2014.

45. On March 18, 2014, under the direction of Defendant MR. DARREN

BROWN of Buffalo Public School’s talent management Plaintiff YAMILETTE

WILLIAMS, Ed.D., applied for a School District Leader, Transitional D Certificate and

then was redirected to apply for School District Leader Internship Certificate, paying

$60.00 for two online tests, $50.00 for a face-to-face workshop and $100.00 for a

certificate review.

46. On March 20, 2014 Plaintiff YAMILETTE WILLIAMS, Ed.D., was

placed on paid administrative leave by Defendant Superintendent DR. PAMELA

BROWN until the completion of an investigation into her certification.

47. On March 21, 2014, Plaintiff YAMILETTE WILLIAMS, Ed.D., was

placed on unpaid administrative leave by Superintendent Defendant PAMELA BROWN,

Ed.D..

48. Also, on March 28, 2014, in furtherance of the District’s investigation

Plaintiff YAMILETTE WILLIAMS, Ed.D., met with Defendant BUFFALO PUBLIC

SCHOOL DISTRICT’S General Counsel Rashandra Martin.

49. On March 29, 2014, Plaintiff YAMILETTE WILLIAMS, Ed.D., was

granted the applied for Internship Certificate suitable for a district wide supervision

position.

50. That word of Plaintiff YAMILETTE WILLIAMS, Ed.D., receipt of a

satisfactory Internship Certificate from New York State Department of Education was

immediately conveyed to Defendant BUFFALO PUBLIC SCHOOLS Chief of Talent

Management, Defendant DARREN BROWN.

51. In addition, Plaintiff YAMILETTE WILLIAMS, Ed.D., received the

professional opinion of Dr. Douglas Hamlin of SUNY Oswego who confirmed the

Internship Certificate that she received from the New York State Department of

Education is adequate to work under as an advisor to (Chief of Curriculum, Assessment

& Instruction) Defendant BUFFALO PUBLIC SCHOOLS’ Superintendent PAMELA

BROWN, Ed.D..

52. Plaintiff YAMILETTE WILLIAMS, Ed.D., also received an opinion from

Dr. Glenn Wachter who is a SUNY Oswego Professor who advised that the Internship

Certificate is viable based upon other similarly situated candidates applying for similar or

higher positions in other school districts.

FIRST CAUSE OF ACTION – BREACH OF CONTRACT

53. Plaintiff YAMILETTE WILLIAMS, Ed.D., repeats and re-alleges each

and every allegation contained in paragraphs “1” through “52” inclusive with the same

force and effect as if set forth at length herein.

54. On July 24, 2013 Plaintiff YAMILETTE WILLIAMS, Ed.D., signed a

two year contract with Defendant BOARD OF EDUCATION OF THE CITY SCHOOL

DISTRICT OF THE CITY OF BUFFALO OR BOARD for the position of Chief of

Curriculum, Assessment & Instruction.

55. That despite initial failed efforts to secure New York State Certification by

Defendant DARREN BROWN, Director of Talent Management, an Internship Certificate

suitable for a district wide supervision position was granted by the New York State

Education Department.

56. On April 2, 2014 by a unanimous vote, Defendant BUFFALO BOARD

OF EDUCATION, member Defendants SHARON BELTON – COTTMAN,

FLORENCE JOHNSON, MARY RUTH KAPSIAK, Ed.M., S.D.A., JOHN LICATA,

ESQ., JASON M. MCCARTHY, BARBARA SEALS NEVERGOLD, Ph.D., CARL

PALADINO, ESQ., JAMES M. SAMPSON and THERESA HARRIS – TIGG, Ph.D.,

voted to terminate Plaintiff YAMILETTE WILLIAMS, Ed.D., employment, in effect

they declared her two year written contract is null and void due to a lack of New York

State Certification.

57. That statements made by Defendant BUFFALO BOARD OF

EDUCATION members to the media that to the effect they had no choice but to

terminate Plaintiff YAMILETTE WILLIAMS, Ed.D., due to her lack of proper New

York State Certification are false.

58. That at the time of her termination, Plaintiff YAMILETTE WILLIAMS,

Ed.D., possessed a valid Internship Certificate suitable for a district wide supervision

position. See Plaintiff YAMILETTE WILLIAMS’, Ed.D., screen shot of “Office of

Teaching Initiatives” account information page confirming she held a valid New York

State Education Department issued Internship Certificate suitable for a district wide

supervisory position at time of termination, annexed as a portion of Exhibit C as well as a

copy of New York State Commissioner of Education’s Opinion, 2001 Op. Comm. Ed.

No. 14,751 ec annexed as a portion of Exhibit C, confirming an Internship Certificate

holder has a “valid credential authorizing holder to act within the area of service for

which the certificate is valid.”

59. Further, New York State permits an exceptionally qualified individual to

teach and administer in a New York State public school district without possessing actual

New York State Certification for teaching or administration based upon 8 NYCRR

Section 80-2.4(a)(3).

60. In relevant part, 8 NYCRR Section 80-2.4(a)(3) holds "[a]t the request of

a school board or board of cooperative educational services (BOCES), the commissioner

of education may waive the requirements for the school district administrator certificate

for a person who is exceptionally qualified but does not meet all of the graduate course or

teaching requirements, and whose training and experience are the substantial equivalent

of such requirements (Section 3003(3); 8 NYCRR Section 80-2.4(a)(3)).”

61. As stated in detail via Plaintiff YAMILETTE WILLIAMS’, Ed.D., resume

annexed heretofore as Exhibit A, Plaintiff YAMILETTE WILLIAMS, Ed.D., not only

possesses a doctorate in education from a recognized university, The University of

Oklahoma, but also completed a superintendant’s internship while attending the

University of Oklahoma as well as possess over fifteen years experience at both the

school and district level in positions for/with urban school districts with an emphasis on

leading and supporting instructional leadership, teacher effectiveness and instructional

technology while addressing school improvement and turnaround needs.

62. Further, Plaintiff YAMILETTE WILLIAMS, Ed.D., has had and

continues to have a career objective of providing leadership that increases student

achievement through quality curriculum, assessment and instruction to support the vision

of the superintendent and board of education.

63. That her employment with Defendant BUFFALO PUBLIC SCHOOL

DISTRICT, Plaintiff YAMILETTE WILLIAMS, Ed.D., was employed to assist

Defendant PAMELA BROWN, Ed.D., with turning around the failing urban school

district of Buffalo, New York.

64. That none of the Defendants made any attempt to obtain a waiver from

New York State Certification via 8 NYCRR Section 80-2.4(a)(3), yet at all time relevant

to this complaint, Defendants were advised by legal counsel Rashadra Martin, Esq., and

Karl Kristoff, Esq., as well as the fact Defendant and Board Member CARL

PALADINO, ESQ., is an attorney with his own law firm, Paladino, Cavan & Quinlivan

while Defendant and Board Member JOHN LICATA, ESQ., is an attorney.

65. On April 2, 2014 by a unanimous vote, Defendant BUFFALO BOARD

OF EDUCATION, Defendant members SHARON BELTON – COTTMAN,



PALADINO, ESQ., JAMES M. SAMPSON and THERESA HARRIS – TIGG, Ph.D.,

voted to terminate Plaintiff YAMILETTE WILLIAMS, Ed.D., employment, in effect

they declared her two year written contract is null and void, thus breaching their

contractual employment obligations by virtue of their tripartite acts of: suspension of

Plaintiff YAMILETTE WILLIAMS’, Ed.D., employment; the act via Defendant

BUFFALO BOARD OF EDUCATION’S unanimous vote to terminate Plaintiff

YAMILETTE WILLIAMS’, Ed.D., employment contract with the aforementioned

Defendants, and the act of terminating Plaintiff YAMILETTE WILLIAMS’, Ed.D.,

employment contract without abiding by Attachment C to Agreement on Employment,

captioned Procedures for Termination of Employee for Cause of her employment

contract.

66. That any breach of contract occurred on Defendants’ behalf and is solely

the result of Defendants’ own failure to recognize the fact Plaintiff YAMILETTE

WILLIAMS, Ed.D., possessed a valid New York State school district administration

level Internship Certificate and in the alternative, their failure to secure a waiver from the

New York State Education Department for Plaintiff YAMILETTE WILLIAMS, Ed.D.,

via 8 NYCRR Section 80-2.4(a)(3).

67. That Plaintiff YAMILETTE WILLIAMS’, Ed.D., exceptional education

and experience in urban school districts negates any need for a New York State

Education Department School District Administration Certification as 8 NYCRR Section

80-2.4(a)(3) waiver from certification was at all times available to Plaintiff YAMILETTE

WILLIAMS’, Ed.D., as an option that Defendants failed to advise Plaintiff of this option.

68. Further, that Plaintiff YAMILETTE WILLIAMS, Ed.D., complied with

all reasonable requests from Director of Talent Management, Defendant DARREN

BROWN to secure adequate certification, yet was faulted by Defendant BUFFALO

BOARD OF EDUCATION, Defendant members SHARON BELTON – COTTMAN,



PALADINO, ESQ., JAMES M. SAMPSON and THERESA HARRIS – TIGG, Ph.D., for

failing to possess proper “regular certification as a School District Leader.” See Exhibit

D for minutes from Defendant BUFFALO BOARD OF EDUCATION’S termination

vote.

69. Plaintiff YAMILETTE WILLIAMS, Ed.D., was hired by Defendants

knowing she did not hold a New York State Certification for a district wide leadership

position, yet Defendant PAMELA BROWN, Ed.D., offered her a contract of employment

that was later ratified by Defendant BUFFALO BOARD OF EDUCATION. As stated in

greater detail in paragraph numbers “26. through 36.” supra.

70. That all Defendants possess a legal duty to hire only qualified individuals

with appropriate New York State Education Department Certification or ones likely

eligible for waiver from certification. However, if Defendants hire an individual like

Plaintiff YAMILETTE WILLIAMS, Ed.D., who at time of hiring did not possess a New

York State School District Leadership Certificate (School District Administrator’s

Certificate), and waive certification criteria for the purpose of allowing the new employee

to become certified, Defendants, owe a good faith duty to professionally assist that

individual with obtaining required certification or waiver from certification from the New

York State Department of Education.

71. That all Defendants failed in their legal duty owed to Plaintiff

YAMILETTE WILLIAMS, Ed.D., as described in paragraph 70., to act in good faith

with providing competent advice to Plaintiff YAMILETTE WILILAMS, Ed.D., to secure

an appropriate certificate or waiver from certification.

72. That all parties to a contact arising under the laws of New York State owe

each other mutual covenants of good faith and fair dealing or an implied in fact covenant

not to take steps to hinder the other party’s ability to fulfill all material terms of the

contract. See Jaffe v. Paramount Communications, 222 A.D.2d 17 (1996) and Rowe v.

Great Atl. & Pac. Tea Co., 46 N.Y.2d 62 (New York Court of Appeals, 1978).

73. That like any contract governed by the laws of New York State, the duty

of an implied covenant of good faith and fair dealing is implicit in the contract that is the

subject of this case.

74. That the misdirection by Defendants DARREN BROWN and PAMELA

BROWN, Ed.D., to procure invalid certificates and in the alternative to fail to educate

Plaintiff YAMILETTE WILLIAMS, Ed.D., about the ability to obtain a waiver from

certification from the New York State Education Department is a breach of the implied

covenant of good faith and fair dealing of Plaintiff’s contract for employment with

Defendants.

75. That said breach of the implied covenant of good faith and fair dealing

described supra is a failure of a legal duty all Defendants owe to Plainitff YAMILETTE

WILLIAMS, Ed.D., to deal fairly as to not hinder her ability to fulfill all contractual

terms.

76. Said breach of the implied covenant of good faith and fair dealing

described supra. is especially a failure of the legal duty that Defendant DARREN

BROWN owed to Plaintiff YAMILETTE WILLIAMS, Ed.D., as Defendant DARREN

BROWN was at all times relevant to this case employed as Defendant BUFFALO

BOARD OF EDUCATION’S Director of Talent Management. Further, Defendants

BUFFALO PUBLIC SCHOOLS and BUFFALO BOARD OF EDUCATION having

great experience with New York State Education Department’s certification rules and

process, was therefore better situated to assist an out of state hire like Plaintiff

YAMILETTE WILLIAMS, Ed.D., than Plaintiff was to assist herself with the complex

certification process.

77. Said breach of this legal duty is the proximate and actual cause of Plaintiff

YAMILETTE WILLIAMS’, Ed.D., failure to procure either a waiver from certification

or a permanent New York State Education Department Certification for district wide

supervision.

78. Further, legal discovery will produce names of dozens of current, current

at the time of Plaintiff YAMILETTE WILLIAMS’, Ed.D., termination from employment

with the Defendant BUFFALO BOARD OF EDUCATION and then current during her

employment with Defendant BUFFALO BOARD OF EDUCATION, teachers and

administrators who were and are currently employed by either Defendant BUFFALO

BOARD OF EDUCATION, Defendant CITY SCHOOL DISTRICT FOR THE CITY OF

BUFFALO or Defendant BUFFALO PUBLIC SCHOOLS who lack valid New York

State teaching and or administration certification.

79. That counsel for Plaintiff YAMILETTE WILLIAMS,’ Ed.D., attempted to

secure this information through a Freedom of Information Act (FOIA) request dated May

8, 2014 on Defendant BUFFALO PUBLIC SCHOOLS, but was advised by Attorney

Karl Kristoff of Hodgson Russ to wait for settlement negotiations as the amount of

time/labor required to comply with such a request is extensive. A copy of my office’s

FOIA request and Defendant BUFFALO BOARD OF EDUCATION’S response is

annexed heretofore as Exhibit E.

80. To date the request referenced in paragraph number “79.” has produced no

fruit due to the complexity, time and effort required to comply with the request, leaving

Plaintiff YAMILETTE WILLIAMS’, Ed.D., the only option of obtaining this information

through formal legal discovery.

81. That the knowledge that large numbers of uncertified teachers and

administrators have been employed and continued to be employed by Defendant

BUFFALO BOARD OF EDUCATION, Defendant CITY SCHOOL DISTRICT FOR

THE CITY OF BUFFALO and Defendant BUFFALO PUBLIC SCHOOLS is premised

upon the knowledge that Plaintiff YAMILETTE WILLIAMS, Ed.D., obtained while

working for Defendant BUFFALO BOARD OF EDUCATION, Defendant CITY

SCHOOL DISTRICT FOR THE CITY OF BUFFALO and Defendant BUFFALO

PUBLIC SCHOOLS. See copy of Plaintiff YAMILETTE WILLIAMS’, Ed.D., sworn

Affidavit detailing her knowledge of uncertified teachers and administrators, annexed as

a portion of Exhibit F.

82. That only records maintained and controlled by Defendant BUFFALO


BUFFALO and Defendant BUFFALO PUBLIC SCHOOLS support Plaintiff

YAMILETTE WILLIAMS’s contention that she along with Faith Alexander, Ed.D., were

singled out for termination for inappropriate political, inappropriate professional and

inappropriate personal reasons by Defendant members of Defendant BUFFALO BOARD

OF EDUCATION. That no legitimate explanation exists for their terminations by

Defendant BUFFALO BOAD OF EDUCATION.

83. That through discovery it will be proven that recent past pattern and

practice as well as current pattern and practice of Defendant BUFFALO BOARD OF

EDUCATION, Defendant CITY SCHOOL DISTRICT FOR THE CITY OF BUFFALO

and Defendant BUFFALO PUBLIC SCHOOLS is to employ without question dozens

uncertified teachers and administrators, thus having created an unequal protection under

the law and selective termination of YAMILETTE WILLIAMS, Ed.D., all in violation of

the Fourteenth Amendment of the United States Constitution.

84. Further, Defendant BUFFALO BOARD OF EDUCATION, Defendant

CITY SCHOOL DISTRICT FOR THE CITY OF BUFFALO and Defendant BUFFALO

PUBLIC SCHOOLS consented to the lack of Plaintiff YAMILETTE WILLIAMS’,

Ed.D., New York State Certification by fully compensating her with contracted to salary

and benefits from her first day of employment until the date of her termination on April

2, 2015, creating a legal confirmation of any alleged breach of contract term on the part

of Plaintiff YAMILETTE WILLIAMS Ed.D., for each and every pay period and an

acquiescence to any alleged breach of contract term on the part of Plaintiff YAMILETTE

WILLIAMS Ed.D., for each and every pay period through April 2, 2015.

85. Further, Defendant BUFFALO BOARD OF EDUCATION, Defendant

CITY SCHOOL DISTRICT FOR THE CITY OF BUFFALO and Defendant BUFFALO

PUBLIC SCHOOLS consented to the lack of Plaintiff YAMILETTE WILLIAMS’

Ed.D., New York State Certification when Defendant members of the BUFFALO

BOARD OF EDUCATION, Defendant PAMELA BROWN, Ed.D., Defendant


THE CITY OF BUFFALO and Defendant BUFFALO PUBLIC SCHOOLS fully

compensated her with contracted to salary and benefits beginning with her first day of

employment until the date of her termination on April 2, 2015, her last day of

employment, creating a legal confirmation of the contract for employment, nullifying any

alleged breached contract term by virtue of Plaintiff YAMILETTE WILLIAMS’, Ed.D.,

lack of New York State Certification as a School District Administrator for each and

every pay period as well as a legal acquiescence to the contract for employment, again

nullifying any alleged breached contract term on the part of Plaintiff YAMILETTE

WILLIAMS, Ed.D., due to her lack of New York State School District Administration

Certification for each and every pay period of contractually paid compensation through

termination on April 2, 2015.

86. Essentially, by virtue of details explained in paragraphs supra, all

Defendants consented to and affirmed the employment contract, even if Plaintiff

YAMILETTE WILLIAMS, Ed.D., was in technical breach by not possessing valid New

York State School District Administration Certification. Further the availability of a 8

NYCRR Section 80-2.4(a)(3) waiver from the contractual requirement to possess a valid

and appropriate New York State certification nullifies any implication or inference that

Plaintiff YAMILETTE WILLIAMS’, Ed.D., had breached said contract by failing to

secure an appropriate certificate from the New York State Education Department for her

contracted for position as Chief of Curriculum, Assessment & Instruction for the

BUFFALO PUBLIC SCHOOLS / CITY SCHOOL DISTRICT OF THE CITY OF

BUFFALO / BUFFALO PUBLIC SCHOOL DISTRICT in Buffalo, New York.

87. Defendant PAMELA BROWN, Ed.D., also legally acquiesced to and

legally confirmed the contract for employment containing the alleged breached

contractual term precipitated by Plaintiff YAMILETTE WILLIAMS, Ed.D., lack of New

York State Certification when Defendant PAMELA BROWN, Ed.D., executed the

contract for employment on behalf of Defendant BUFFALO BOARD OF EDUCATION,

Defendant CITY SCHOOL DISTRICT FOR THE CITY OF BUFFALO and Defendant

BUFFALO PUBLIC SCHOOLS.

88. That prior to the time of Plaintiff YAMILETTE WILLIAMS’, Ed.D.,

termination by Defendants BUFFALO BOARD OF EDUCATION, Defendant members

SHARON BELTON – COTTMAN, FLORENCE JOHNSON, MARY RUTH

KAPSIAK, Ed.M., S.D.A., JOHN LICATA, ESQ., JASON M. MCCARTHY,

BARBARA SEALS NEVERGOLD, Ph.D., CARL PALADINO, ESQ., JAMES M.

SAMPSON and THERESA HARRIS – TIGG, Ph.D., Plaintiff obtained and possessed a

valid New York State Education Department Internship Certificate suitable for work in a

district wide administration position.

89. That according to the New York State Education Commissioner, an

Internship Certificate is valid and legal for employment in the area for which it was

issued. See New York State Education Commissioner’s Opinion Number 14,751 ec,

annexed heretofore as a portion of Exhibit C.

90. If qualified legal immunity exists with respect to the staffing actions of the

Defendant members of the BUFFALO BOARD OF EDUCATION, the actions taken

herein by Defendant members of the BUFFALO BOARD OF EDUCATION lack

immunity because they were taken in bad faith and with reckless disregard for the truth

about Plaintiff YAMILETTE WILLIAMS, Ed.D., continued ability to legally work as a

school district administrator through the use of either her New York State Education

Department issued Internship Certificate and via an exemption from New York State

Education Department certification that could have been obtained from The New York

State Department of Education.

91. That at some point during 2014, the Defendant BUFFALO BOARD OF

EDUCATION through its Defendant Members voted to ratify the contract of Plaintiff

YAMILETTE WILLIAMS, Ed.D., by a majority vote. This vote is memorialized in the

record from an executive session of an unknown date and must be made available to us

via legal discovery.

92. That through legal discovery, Plaintiff YAMILETTE WILLIAMS, Ed.D.,

will be able to confirm which Defendant members of the BUFFALO BOARD OF

EDUCATION voted to ratify the employment contract, whose act is another example of

acquiescence to the alleged breached contractual term of failing to maintain appropriate

New York State School District Administrator’s Certification and confirmed the contract.

93. That the injustices summarized in the paragraphs supra are further

characterized by a gross abuse of authority and a reckless indifference to Plaintiff

YAMILETTE WILLIAMS’, Ed.D., reputation, professional standing, emotional

wellbeing and overall standing in the field of school district administration, which as

caused a loss of professional reputation.

94. That failure to abide by a New York State Education Commissioner’s

Opinion can be cause for removal of members of a Board of Education via New York

State Education Law §306(1) as it is considered a serious transgression of the New York

State Education Law for a Board of Education member to fail to abide by a New York

State Education Commissioner’s opinion when carrying out official Board of Education

duties and business.

95. That Defendant members SHARON BELTON – COTTMAN,



PALADINO, ESQ., JAMES M. SAMPSON and THERESA HARRIS – TIGG, Ph.D., all

failed to abide by New York State Commissioner of Education’s Opinion, 2001 Op.

Comm. Ed. No. 14,751 ec, annexed as a portion of Exhibit C, when they voted to

terminate Plaintiff YAMILETTE WILLIAMS, Ed.D., for failing to possess “regular

certification.” That Plaintiff YAMILETTE WILLIAMS’, Ed.D., contract with

Defendants, See Exhibit A, page 10, paragraph 13, does not specify the type of

certification that she must possess, only that she must possess certification for the

position as required by the New York State Department of Education and Department of

Civil Service. Therefore, the Defendant BOARD members are all subject for removal for

serious misconduct as Plaintfiff YAMILETTE WILLIAMS, Ed.D., possessed a valid

New York State Education Department issued Internship Certificate valid for a district

wide supervisory position.

96. That all harm to Plaintiff YAMILETTE WILLIAMS, Ed.D., would have

been avoided if Defendants BUFFALO BOARD OF EDUCATION, Defendant members




SAMPSON, THERESA HARRIS – TIGG, Ph.D., and Defendant DARREN BROWN

had observed and followed the established New York State Education Department

opinion that Internship Certificates are good and valid for service in the area in which

they are issued. In the first alternative, prior to Plaintiff YAMILETTE WILLIAMS,

Ed.D., obtained her Internship Certificate, had Defendant DARREN BROWN provided

competent advice about obtaining a waiver from New York State Education Department

Certification via an 8 NYCRR Section 80-2.4(a)(3). Or, in the second alternative, at the

time of the April 2, 2014 Defendant BUFFALO BOARD OF EDUCATION meeting,

Defendant members of the Defendant BUFFALO BOARD OF EDUCATION had voted

to suspend Plaintiff YAMILATTE WILLIAMS, Ed.D., from her duties until such time as

a waiver or certification could in good faith be obtained from the New York State

Education Department. In the third alternative, Defendant PAMELA BROWN, Ed.D.,

could have placed a restriction on Plaintiff YAMILETTE WILLIAMS, Ed.D., duties to

only those position responsibilities that do not require a New York State School District

Administrator’s Certificate. For a recent legal example of a limited duty assignment of

an uncertified New York State public school district administrator, see case of “Appeal of

JOHNNY G. DESTINO from action of the Board of Education of the City School

District of the City of Niagara Falls, Superintendant Cynthia A. Bianco and School

Attorney Angelo Massaro regarding an appointment,” 2013 NY Educ. Dept. LEXIS 33,

annexed heretofore as Exhibit F.

97. That punitive damages in an amount equal to ten times compensatory

damages are appropriate due to appropriate termination action/vote of Defendant Board

Members SHARON BELTON – COTTMAN, FLORENCE JOHNSON, MARY RUTH



SAMPSON and THERESA HARRIS – TIGG, Ph.D., members whose vote to terminate

Plaintiff YAMILETTE WILLIAMS, Ed.D., is predicated upon a reckless indifference to

the truth with regard to the possession of a valid New York State Education Department

issued Internship Certificate for school district supervision, educational and experience

qualifications of Plaintiff YAMILETTE WILLIAMS, Ed.D., (exemplary qualifications

worthy of a certification exemption override) and ability to remain legally employed by

Defendant BUFFALO BOARD OF EDUCATION. Thus Defendants destroyed her

ability to continue working as Chief of Curriculum, Assessment & Instruction, all due to

Defendant BUFFALO BOARD OF EDUCATION’S members political motivation to

protect their owns political careers, power and other interests and to make Defendant

PAMELA BROWN, Ed.D., appear more inadequate, to justify her termination, all at the

expense of Plaintiff YAMILETTE WILLIAMS, Ed.D..

98. Thus Plaintiff YAMILETTE WILLIAMS, Ed.D., suffered damages at the

hands of Defendants and continues to suffer damages as result of this breach by

termination of written employment contract causing loss of livelihood, to date th3e

inability to secure employment as a public school district administrator, permanent

damage to professional career as a school district administrator as her professional

reputation has been permanently damaged as it foreseeable that all future applications for

employment as school district administrators require her to answer whether she has ever

been terminated from employment as a school district administrator, loss of

compensation (balance of contracted amount and future expected earnings), personal

injury (emotional trauma) was subject to humiliation and embarrassment, all causing her

damage in the sum of FOUR MILLION DOLLARS ($4,000,000.00) against Defendant


THE CITY OF BUFFALO, Defendant BUFFALO PUBLIC SCHOOLS, Defendant

Board Members SHARON BELTON – COTTMAN, FLORENCE JOHNSON, MARY

RUTH KAPSIAK, Ed.M., S.D.A., JOHN LICATA, ESQ., JASON M. MCCARTHY,


SAMPSON, THERESA HARRIS – TIGG, Ph.D., Defendant PAMELA BROWN, Ed.D.,

Defendant DARREN BROWN, Defendant MARY GUINN, Ed.D., plus punitive

damages in the amount of FORTY MILLION DOLLARS ($40,000,000.00) against all

Defendants, except against Defendant MARY GUINN and Defendant DARREN

BROWN who both lack sufficient legal culpability to obtain punitive damages from, as

well as Defendant BUFFALO BOARD OF EDUCATION, Defendant CITY SCHOOL

DISTRICT FOR THE CITY OF BUFFALO and Defendant BUFFALO PUBLIC

SCHOOLS, for which these three Defendants are legally immune from most punitive

damage claims under prevailing New York State Law, including this claim.

SECOND CAUSE OF ACTION – NEGLIGENT TERMINATION




100. Plaintiff YAMILETTE WILLIAMS, Ed.D., was hired by Defendants

knowing she did not hold a New York State Certification for a school district wide

leadership position, yet Defendant PAMELA BROWN, Ed.D., offered Plaintiff

YAMILETTE WILLIAMS, Ed.D., a contract of employment that was later ratified by

Defendant BUFFALO BOARD OF EDUCATION and a majority of its Defendant Board

Members SHARON BELTON – COTTMAN, FLORENCE JOHNSON, MARY RUTH



SAMPSON and THERESA HARRIS – TIGG, Ph.D..

101. That a copy of the record of vote to ratify Plaintiff YAMILETTE

WILLIAMS’, Ed.D., contract is only available via formal discovery as this vote was

taken during Executive Session.

102. That the latter position taken by Defendant BUFFALO BOARD OF

EDUCATION, Defendant Superintendent PAMELA BROWN, Ed.D., and Defendant




SAMPSON and THERESA HARRIS – TIGG, Ph.D., is that Plaintiff YAMILETTE

WILLIAMS’, Ed.D., Internship Certificate that Defendant BUFFALO BOARD OF

EDUCATION and Defendant DARREN BROWN assisted Plaintiff YAMILETTE

WILLIAMS, Ed.D., with procuring is invalid, unsuitable for the district wide leadership

position that she then held, causing Defendant Board Members SHARON BELTON –

COTTMAN, FLORENCE JOHNSON, MARY RUTH KAPSIAK, Ed.M., S.D.A., JOHN

LICATA, ESQ., JASON M. MCCARTHY, BARBARA SEALS NEVERGOLD, Ph.D.,

CARL PALADINO, ESQ., JAMES M. SAMPSON and THERESA HARRIS – TIGG,

Ph.D., to terminate the two year employment contract of Plaintiff YAMILETTE

WILLIAMS, Ed.D..

103. That prior to the time of Plaintiff YAMILETTE WILLIAMS’, Ed.D.,

termination by Defendants BUFFALO BOARD OF EDUCATION, Defendant members




SAMPSON and THERESA HARRIS – TIGG, Ph.D., Plaintiff obtained and possessed a

valid New York State Education Department Internship Certificate suitable for work in a

district wide administration position like the one she held as Chief of Curriculum,

Assessment & Instruction.

104. That according to the New York State Education Commissioner, an

Internship Certificate is valid and legal for employment in the area for which it was

issued. See New York State Education Commissioner’s Opinion, 2001 Op. Comm. Ed.

No. 14,751 ec, annexed heretofore as a portion of Exhibit C as well as a screenshot of

Plaintiff YAMILETTE WILLIAMS’, Ed.D., “Office of Teaching Initiatives,” account

screenshot supporting her possession of a valid Internship Certificate, suitable for a

district wide leadership position, issued by the New York State Department of Education

for a district wide supervisory position.

105. That all Defendants possess a legal duty to hire only qualified individuals

with appropriate New York State Education Department Certification or ones likely

eligible for waiver from certification. However, if Defendants hire an individual like

Plaintiff YAMILETTE WILLIAMS, Ed.D., who at time of hiring did not possess a New

York State School District Leadership Certificate (School District Administrator’s

Certificate), and waive certification criteria for the purpose of allowing the new employee

to become certified, Defendants, owe a good faith duty to professionally assist that

individual with obtaining required certification or waiver from certification from the New

York State Department of Education.

106. That all Defendants failed in their legal duty owed to Plaintiff

YAMILETTE WILLIAMS, Ed.D., as described in paragraph 107., to act in good faith

with providing competent advice to Plaintiff YAMILETTE WILILAMS, Ed.D., to secure

an appropriate certificate or waiver from certification.

107. That all parties to a contact arising in New York State owe each other

mutual covenants of good faith and fair dealing or an implied in fact covenant not to take

steps to hinder the other party’s ability to fulfill all material terms of the contract. See

Jaffe v. Paramount Communications, 222 A.D.2d 17 (1996) and Rowe v. Great Atl. &

Pac. Tea Co., 46 N.Y.2d 62 (New York Court of Appeals, 1978).

108. That like any contract governed by the laws of New York State, the duty

of an implied covenant of good faith and fair dealing is implicit in the contract that is the

subject of this case.

109. That the misdirection by Defendants DARREN BROWN and PAMELA

BROWN, Ed.D., to procure invalid certificates and in the alternative to fail to educate

Plaintiff YAMILETTE WILLIAMS, Ed.D., about the ability to obtain a waiver from

certification from the New York State Education Department is a breach of the implied

covenant of good faith and fair dealing of Plaintiff’s contract for employment with

Defendants.

110. Said breach of the implied covenant of good faith and fair dealing

described supra. is especially a failure of the legal duty that Defendant DARREN

BROWN owed to Plaintiff YAMILETTE WILLIAMS, Ed.D., as Defendant DARREN

BROWN was at all times relevant to this case employed as Defendant BUFFALO

BOARD OF EDUCATION’S Director of Talent Management. Further, Defendants

BUFFALO PUBLIC SCHOOLS and BUFFALO BOARD OF EDUCATION having

great experience with New York State Education Department’s certification rules and

process was far better situated to assist an out of state hire like Plaintiff YAMILETTE

WILLIAMS, Ed.D., than Plaintiff was to assist herself with the certification process.

111. Said breach of this legal duty is the proximate and actual cause of Plaintiff

YAMILETTE WILLIAMS’, Ed.D., failure to procure either a waiver from certification

or a permanent New York State Education Department Certification for district wide

supervision.

112. Above and beyond the failure to act in good faith outlined supra,

Defendants PAMELA BROWN, Ed.D., and Defendant Board Members SHARON

BELTON – COTTMAN, FLORENCE JOHNSON, MARY RUTH KAPSIAK, Ed.M.,

S.D.A., JOHN LICATA, ESQ., JASON M. MCCARTHY, BARBARA SEALS

NEVERGOLD, Ph.D., CARL PALADINO, ESQ., JAMES M. SAMPSON and

THERESA HARRIS – TIGG, Ph.D., intentionally violated Plaintiff YAMILETTE

WILLIAMS’, Ed.D., professional reputation when in full knowledge of her holding of a

valid Internship Certificate suitable for a district wide supervisory position, Defendant




SAMPSON and THERESA HARRIS – TIGG, Ph.D., voted to terminate her employment

based upon a false premise and illegal vote, a vote in opposition to New York State

Commissioner of Education’s Opinion, 2001 Op. Comm. Ed. No. 14,751 ec, annexed as a

portion of Exhibit C.

113. Conduct outlined supra is knowing and even reckless given the expertise

in education that all Defendants possessed at the times of hiring and especially at the time

of termination, when Plaintiff YAMILETTE WILLIAMS, Ed.D., held a valid New York

State Education Department issued Internship Certificate for a district wide supervisory

position.

114. The tort outlined supra is aggravated due to the fact legal counsel and

advice was readily available to all Defendants through Rashandra Martin, Esq., and Karl

Kristoff, Esq., but especially due to the education, experience and profession of

Defendant Board Member CARL PALADINO, ESQ.. The tort outlined above became

almost criminal when Plaintiff YAMILETTE WILLIAMS, Ed.D., obtained and

possessed a valid New York State Education Department issued Internship Certificate

suitable for use with work in an district wide administration position, suitable for use in

her position as Chief of Curriculum, Assessment & Instruction.

115. Further, New York State Education Department permits an exceptionally

qualified individual to teach and administer in a New York State public school district

without possessing actual New York State Certification for teaching or administration

based upon 8 NYCRR Section 80-2.4(a)(3).

116. Given Plaintiff Yamilette Williams’, Ed.D., credentials, including her

doctorate in Education from the University of Oklahoma and extensive experience in

assisting failing urban school districts with turning around those districts makes her an

exceptionally well qualified applicant for an 8 NYCRR Section 80-2.4(a)(3) waiver from

certification.

117. That given the fact Plaintiff YAMILETTE WILLIAMS, Ed.D., was never

instructed to apply for the waiver identified in paragraph “115.” supra, but instead was

instructed by Defendant DARREN BROWN to apply for certificates that are allegedly

incorrect and invalid for the purpose of serving as a New York State School District

Administrator in a district wide supervisory position, Defendant PAMELA BROWN,

Ed.D., and Defendant DARREN BROWN demonstrated gross incompetence and a

reckless disregard for YAMILETTE WILLIAMS’, Ed.D., professional wellbeing and

ultimately for her professional reputation as a public school district administrator.

118. The gross incompetence and reckless disregard identified supra was

compounded by the vote of Defendant Board Members SHARON BELTON –



CARL PALADINO, ESQ., JAMES M. SAMPSON and THERESA HARRIS – TIGG,

Ph.D., to terminate the two year employment contract of Plaintiff YAMILETTE

WILLIAMS, Ed.D.. Again her possession of a valid New York State Internship

Certificate suitable for a district wide administration position like the one held and the

availability of a 8 NYCRR Section 80-2.4(a)(3) waiver from the contractual requirement

to possess a valid and appropriate New York State certification nullifies any implication

or inference that Plaintiff YAMILETTE WILLIAMS’, Ed.D., had breached said contract

by failing to secure an appropriate certificate from the New York State Education

Department for her contracted for position as Chief of Curriculum, Assessment &

Instruction for the BUFFALO PUBLIC SCHOOLS / CITY SCHOOL DISTRICT OF

THE CITY OF BUFFALO / BUFFALO PUBLIC SCHOOL DISTRICT in Buffalo, New

York.

119. Finally, if qualified legal immunity exists with respect to the staffing

actions of the Defendant members of the BUFFALO BOARD OF EDUCATION, the

actions taken herein by Defendant members of the BUFFALO BOARD OF

EDUCATION lack immunity because they were taken in bad faith and with reckless

disregard for the established position of the Commissioner of the New York State

Department of Education for the valid use of Internship Certificates which

catastrophically hurt the professional reputation of Plaintiff Yamilette Williams, Ed.D..

120. That a suitable New York State Education Department wavier from

certification was obtainable for a well qualified school district leader like Plaintiff

YAMILETTE WILLIAMS, Ed.D., via 8 NYCRR Section 80-2.4(a)(3), yet Defendant

Board Members resolved in Executive Session on April 2, 2014 and memorialized via

Executive Session record annexed heretofore as Exhibit D that “Dr. Yamilette Williams

be terminated from employment by this District, effective immediately, by reason of her

lacking regular certification as a School District Leader, and with the understanding that

this action not reflect negatively on Dr. Williams’ competence or her contributions to the

District but recognizing this Board’s inability to employ her without such certification.”

121. That the injustice summarized in the above paragraph is further



wellbeing and overall standing in the field of school district administration that thus far

has prevented her from obtaining regular employment in the field of public school district

administration.

122. That “deeds and not words” are of value to an individual situated like

Plaintiff YAMILETTE WILLIAMS, Ed.D., with Defendant PAMELA BROWN’S,

Ed.D., kind words recorded in Executive Session and memorialized in Exhibit D being of

no lasting value to Plaintiff YAMILETTE WILLIAMS’, Ed.D., professional reputation.


damages are appropriate due to termination actions of the Defendant BUFFALO BOARD

OF EDUCATION being predicated upon a reckless indifference to the truth with regard

to her qualifications (valid Internship Certification for use in a district wide

administrative position and availability of waiver from certification) and therefore her

ability to continue working as Chief of Curriculum, Assessment & Instruction, all due to

Defendant BUFFALO BOARD OF EDUCATION’S members political motivation to

protect their own political careers, powers and other interests and to make Defendant

PAMELA BROWN, Ed.D., appear inadequate, all at the expense of Plaintiff

YAMILETTE WILLIAMS, Ed.D..

124. That the negligence and reckless conduct outlined supra has caused

Plaintiff YAMILETTE WILLIAMS, Ed.D., to suffer damages at the hands of Defendants

and continues to suffer damages as result of this tort of negligent termination, causing

loss of livelihood, permanent damage to professional career as a school district

administrator as her professional reputation has been permanently damaged as it

foreseeable that all future applications for employment as a school district administrator

require her to answer whether she has ever been terminated from employment as a school

district administrator as well compensation (balance of contracted amount and future

expected earnings), personal injury (emotional trauma) was subject to humiliation and

embarrassment, all causing her damage in the sum of FOUR MILLION DOLLARS

($4,000,000.00)to be assessed against Defendant BUFFALO BOARD OF EDUCATION,

Defendant CITY SCHOOL DISTRICT FOR THE CITY OF BUFFALO, Defendant

BUFFALO PUBLIC SCHOOLS, Defendant Board Members SHARON BELTON –



CARL PALADINO, ESQ., JAMES M. SAMPSON, THERESA HARRIS – TIGG,

Ph.D., Defendant PAMELA BROWN, Ed.D., Defendant DARREN BROWN, Defendant

MARY GUINN, Ed.D., plus punitive damages in the amount of FORTY MILLION

DOLLARS ($40,000,000.00) to be assessed solely against Defendant Board Members




SAMPSON and THERESA HARRIS – TIGG, Ph.D..

THIRD CAUSE OF ACTION – DEFAMATION OF CHARACTER –

DEFENDANT CARL PALADINO, ESQ., ONLY




126. That the tort of defamation of character was committed by Defendant

BOARD MEMBER CARL PALADINO ESQ., and generally by all Defendant BOARD

MEMBERS meeting, discussing, memorializing and voting to terminate Plaintiff

YAMILETTE WILLIAMS’, Ed.D., employment on April 2, 2014 with reckless disregard

for the truth and further aggravated her plight by recklessly disseminating the results of

the April 2, 2014 termination vote and reasons for the termination vote to the Buffalo

media market / news media including BUFFALO NEWS, Time Warner’s YNN and

television channels WIVB, WKBW and WGRZ as well as via WBEN Newsradio 930.

127. While Defendant members of the BUFFALO BOARD OF

EDUCATION’S vote and initial dissemination of the Board vote to the public via news

media outlets is protected from suit due to a special immunity that New York State Law

confers upon public school board members, Defendant CARL PALADINO’S, ESQ.,

public communications and discourse went beyond protected speech.

128. That on the March 27, 2014 edition of the Sandy Beach Show on WBEN

Newsradio 930, Defendant and Board Member CARL PALADINO, ESQ., expressed his

animus against both Plaintiff YAMILETTE WILLIAMS, Ed.D. and FAITH

ALEXANDER, Ed.D.. A copy of the file is contained in a digital media format labeled

Exhibit G and will be delivered separately to the Clerk of Court for the Western District

of New York Federal Court.

129. During this radio show, Defendant CARL PALADINO, ESQ. stated

Plaintiff YAMILETTE WILLIAMS, Ed.D. and Faith Alexander, Ed.D. are “two hangers

on,” and further stated to the effect the Board would have voted to have kept Plaintiff

YAMILETTE WILLIAMS, Ed.D. and Faith Alexander, Ed.D. as employees, “that is how

dizzy the Board members are,” implying Plaintiff YAMILETTE WILLIAMS, Ed.D. and

Faith Alexander, Ed.D., are unqualified employees and the Board is out of its mind not to

discharge Plaintiff YAMILETTE WILLAMS, Ed.D. and Faith Alexander, Ed.D.. These

statements were broadcast (published) to the WBEN 930 AM listening audience, without

privilege or immunity.

130. That multiple acts of the tort of defamation of character were further

committed by Defendant BOARD MEMBER CARL PALADINO, ESQ., via the

dissemination of lies and falsehoods about Plaintiff YAMILETTE WILLIAMS, Ed.D.,

character, professionalism and qualifications to perform in her position as Chief of

Curriculum, Assessment & Instruction via a web site that he maintains as well as via

interviews Defendant BOARD MEMBER CARL PALADINO, ESQ. performed.

131. That no immunity protects Defendant Board Member CARL PALADINO,

ESQ., with respect to his dissemination of results to news media outlets, websites and

personal blogs as his actions went beyond a legislator disseminating information about an

official Board personnel decision and official Board vote on that personnel decision.

132. A fair characterization of Defendant Board Member CARL

PALADINO’S, ESQ., communications that are questioned supra is that of personal

attacks against Plaintiff YAMILETTE WILLIAMS, Ed.D.. Attacks involving false

inferences and allegations of criminal conduct, false statements about her professional

achievements and professional abilities as well as falsely implying she failed to apply for

certification. See paragraphs numbers “39.” and “45.” supra for facts about Plaintiff

YAMILETTE WILLIAMS’, Ed.D., applications for certification and Exhibit C for an

account screenshot confirmation from “Office of Teaching Initiatives” of Plaintiff

YAMILETTE WILLIAMS’, Ed.D., possession of an Internship Certificate suitable for a

district wide leadership position at time of termination. See also paragraph numbers

“70.” to “77.” supra regarding implied covenant of good faith and fair dealing of parties

to contracts enforced under the laws of New York State.

133. A personal attack was delivered by Defendant CARL PALADINO, ESQ.,

in the form of a sworn affidavit along with co-affiant Defendant BOARD MEMBER

JASON M. MCCARTHY in their capacities as “individual board members,” a March 20,

2014 Affidavit that was published to New York Supreme Court Justice John A. Michalek

on March 25, 2014 via a correspondence addressed to the Hon. John A. Michalek, J.S.C..

134. In the above referenced cover letter and affidavit annexed heretofore as

Exhibit H, Defendants CARL PALADINO, Esq. and JASON McCARTHY stated

Plaintiff YAMILETTE WILLIAMS, Ed.D., was not properly licensed and therefore

should never have received an interview for the position she then held and further stated

they understood Plaintiff YAMILETTE WILLIAMS, Ed.D., did not even apply for an

appropriate license. See paragraphs numbers “39.” and “45.” supra for facts about

Plaintiff YAMILETTE WILLIAMS’, Ed.D., applications for certification and Exhibit C

for a screenshot confirmation from “Office of Teaching Initiatives” of Plaintiff

YAMILETTE WILLIAMS’, Ed.D., possession of an Internship Certificate suitable for a

district wide leadership position at time of termination. See paragraph numbers “70.” to

“77.” supra regarding implied covenant of good faith and fair dealing of parties to

contracts enforced under the laws of New York State.

135. The portion of the above paragraph that asserts Plaintiff YAMILETTE

WILLIAMS, Ed.D., never applied for an appropriate license is false. See paragraphs

numbers “39.” and “45.” supra for facts about Plaintiff YAMILETTE WILLIAMS’,

Ed.D., applications for certification and Exhibit C for a screenshot confirmation from

“Office of Teaching Initiatives” of Plaintiff YAMILETTE WILLIAMS’, Ed.D.,

possession of at time of termination of an Internship Certificate suitable for a district

wide leadership position. See paragraph numbers “70.” to “77.” supra regarding implied

covenant of good faith and fair dealing of parties to contracts enforced under the laws of

New York State. The implication is Plaintiff YAMILETTE WILLIAMS, Ed.D., is

incompetent and indifferent to a legal duty required by the New York State Department

of Education.

136. On Defendant CARL PALADINO’S, ESQ., own website blog dated “9

April 2014” captioned “CARL PALADINO” at www.carlpaladino.com/resignation-as-

superintendent/, paragraph number four, “You attempted to cover up the culpability of

Mary Guinn, who actually did the illegal original hiring of Williams and Alexander.”

This statement implies that Plaintiff YAMILETTE WILLIAMS, Ed.D., was illegally

hired, a statement which is only half true. Plaintiff YAMILETTE WILLIAMS, Ed.D.,

was hired without any New York State Education Department certification, however

Defendant CARL PALADINO, ESQ., does not disclose the fact that at the time of

interview and hiring she possessed superior academic and experience qualifications that

qualify her for a waiver from certification via 8 NYCRR Section 80-2.4(a)(3) and the

neither Defendant PAMELA BROWN, Ed.D., nor Defendant Darren Brown nor any

other employee of Defendant BUFFALO BOARD OF EDUATION guided her to apply

for said waiver. Therefore she did not require any New York State Education

Department Certification to be employed as Chief of Curriculum, Assessment &

http://www.carlpaladino.com/resignation-as-superintendent/

http://www.carlpaladino.com/resignation-as-superintendent/

Instruction and it was only due to the improper direction of Defendant DARREN

BROWN that a valid Internship Certificate for use in a district wide administration

position was not obtained sooner. See paragraph numbers “70.” to “77.” supra regarding

implied covenant of good faith and fair dealing of parties to contracts enforced under the

laws of New York State. See copy of above referenced blog entry annexed heretofore as

Exhibit I as evidence of publication to third parties.

137. That these statements were made without regard to the availability of a

suitable New York State Education Department wavier from certification via 8 NYCRR

Section 80-2.4(a)(3) for a well qualified individual like Plaintiff YAMILETTE

WILLIAMS, Ed.D.. Further, these statements present half-truths when taken in view of

the fact Defendant DARREN BROWN had negligently directed PLAINTIFF

YAMILETTE WILIAMS, Ed.D., to apply for inappropriate certifications from the New

York State Department of Education, statements that when placed into the context of the

full circumstances that led up to her applying for an inappropriate license exonerate

Plaintiff YAMILETTE WILLIAMS, Ed.D., from any culpability for her termination on

April 2, 2015. That if properly instructed to apply for a license or waiver, Plaintiff

YAMILETE WILLIAMS, Ed.D., would have complied with such a request.

138. That a person who is well qualified for an administrative or teaching

position in a public school district in New York State is welcome to interview regardless

of certification with the natural inference that an appropriate process exists for the

interviewing/hiring Board to apply for a waiver from certification via 8 NYCRR Section

80-2.4(a)(3) on behalf of the uncertified applicant. For logic dictates that this waiver

provision could not be legally utilized if a party to be interviewed must have certification,

that without certification it is illegal or inappropriate for the applicant to interview for

that position. Thus Defendant CARL PALADINO’S, ESQ., inference that the act of

interviewing Plaintiff YAMILETTE WILLIAMS, Ed.D., is improper is false and

misleading, to the effect Plaintiff YAMILETTE WILLIAMS, Ed.D., was given an

opportunity she was not legally entitled to have, a job interview. But in reality she was

given an opportunity every superiorly qualified individual is entitled to receive, an

interview during which a public school district is entitled to determine whether the

candidate is the best person of the job, regardless of New York State Education

Department certification status.

139. That if Defendant CARL PALADINO, ESQ., had performed his due

diligence as an educated attorney, law partner, law firm co-owner, successful commercial

real estate developer and school board member, he would have known his statement

about the inappropriateness of Plaintiff YAMILETTE WILLIAMS,’ Ed.D., job interview

is false and misleading for according to his logic, no school district in New York State

could interview an uncertified teacher or administrator and therefore would never be

legally allowed to consider an uncertified teacher or administrator, therefore no school

district in New York State could ever legally avail itself of the use of waiver from

certification for well qualified individuals via 8 NYCRR Section 80-2.4(a)(3).

140. Further affiants inferred Plaintiff YAMILETTE WILLIAMS, Ed.D., did

not properly disclose a prior professional relationship through Defendant MARY GUINN

with Arizona based consulting firm, Evans, Newton which affiants implied may be a

criminal offense.

141. To date neither formal criminal investigation nor charge has been brought

against Plaintiff YAMILETTE WILLIAMS, Ed.D., for her alleged non-disclosure of her

former professional relationship with Evans Newton. Therefore, an additional

defamation occurred by virtue of Defendant CARL PALADINO’S, ESQ., implication

that an illegal act may have been committed by Plaintiff YAMILETTE WILLIAMS,

Ed.D., by her employment with Defendant BUFFALO BOARD OF EDUCATION

combined with an alleged failure to disclose a prior professional relationship with

Defendant MARY GUINN. Again proper due diligence by Defendant CARL

PALADINO, ESQ., would have clearly identified the fact non-disclosure of a prior

professional association without more, is not a criminal act and is at worst a civil

violation of some unspecified ethics disclosure rule or regulation. That Defendant CARL

PALADINO, ESQ., made a red herring argument that implied Plaintiff YAMILETTE

WILLIAMS, Ed.D., had engaged in some illegal conduct.

142. There is no evidence to support Defendant CARL PALADINO’S, ESQ.,

allegation that Plaintiff YAMILETTE WILLIAMS, Ed.D., did not disclose a prior

professional relationship with Defendant MARY GUINN during the interview process.

Therefore, Defendant CARL PALADINO, ESQ., again failed in his due diligence to

investigate facts before making extra official false public statements against Plaintiff

YAMILETTE WILLIAMS, Ed.D..

143. That if qualified legal immunity exists with respect to the staffing actions

of the Defendant members of the BUFFALO BOARD OF EDUCATION, the actions

taken herein by Defendant members CARL PALADINO, ESQ., lack immunity because

they were taken in bad faith and with reckless disregard for the truth as well as beyond

the legal legislative function of New York State School Board members.

144. That the foregoing tort has caused serious injury to Plaintiff YAMILETTE

WILLIAMS’, Ed.D., professional reputation and reputation in the community, even

implying that she is a criminal, causing or contributing to her lack of employment as a

public school district administrator (to date), specifically his reckless disregard for the

truth about her superior qualifications / extensive professional background in urban

school district administration / ability to remain in her position as Chief of Curriculum,

Assessment and Instruction through appropriate professional guidance for waiver

application as well as prior satisfactory performance in previous professional educational

employment. See Plaintiff YAMILETTE WILLIAMS’, Ed.D., resume annexed

heretofore as Exhibit A.

145. Plaintiff YAMILETTE WILLIAMS’, Ed.D., moral authority has been so

diminished by the rhetoric of Defendant CARL PALADINO, ESQ., by the statements

Defendant made to the news media, the viewpoint conveyed to the community including

educators within Defendant BUFFALO PUBLIC SCHOOL DISTRICT that Defendant

CARL PALADINO, ESQ., established a perception that she is incompetent, unqualified,

unemployable and uncertified to perform as a school district leader in the Defendant

BUFFALO PUBLIC SCHOOL DISTRICT by virtue of her own inaction and performed

incompetently in positions previously held in other public school districts.

146. That the injustice summarized in the above paragraphs is further



wellbeing and overall standing in the field of public school district administration.


damages are appropriate due to termination actions of the Defendant BUFFALO BOARD

OF EDUCATION being led by Defendant CARL PALADINO, ESQ. and predicated

upon a reckless indifference to the truth with regard to her qualifications (ability to work

in the position of Chief of Curriculum, Assessment & Instruction without New York

State Education Department Certification) and therefore her ability to continue working

as Chief of Curriculum, Assessment & Instruction, all due to Defendant CARL

PALADINO’S, ESQ., political motivation to protect his own political career, power and

other interests and to make Defendant PAMELA BROWN, Ed.D., appear inadequate, all

at the expense of Plaintiff YAMILETTE WILLIAMS, Ed.D.. That Defendant CARL

PALADINO’S, ESQ., statements went beyond protected speech as a legislator and

beyond any immunity conveyed by operation of law as outlined in greater detail supra.

148. The fact Defendant CARL PALADINO, ESQ., is a legislator causes the

public in general and potential employers in specific to place more weight and credibility

on his spoken words, thus harming Plaintiff YAMILETTE WILLIAMS, Ed.D., to a

greater degree than if he had spoken them as a private citizen.

149. Thus Plaintiff YAMILETTE WILLIAMS, Ed.D., suffered damages at the

hands of Defendant CARL PALADINO, ESQ. and continues to suffer damages as result

of this defamation, causing loss of livelihood, to date the inability to secure employment

as a public school district administrator, permanent damage to her professional career as a

school district administrator as her professional reputation has been permanently

damaged as it is foreseeable that all future applications for employment as a school

district administrator will require her to answer whether she has ever been terminated

from employment as a school district administrator, media information that Defendant

CARL PALADINO, ESQ., falsely and recklessly disseminated is readily accessible via

archived Internet sources, as well as compensation (balance of contracted amount and

future expected earnings), personal injury (emotional trauma) was subject to humiliation

and embarrassment, all causing her damage in the sum of FOUR MILLION DOLLARS

($4,000,000.00) plus punitive damages in the amount of FORTY MILLION DOLLARS

($40,000,000.00).

WHEREFORE, PLAINTIFF YAMILETTE WILLIAMS, Ed.D., prays for

judgment against Defendants, jointly and severally as follows:

a) on the first cause of action, judgment in an amount to be proved at a trial

by jury, but not less than the sum of FOUR MILLION DOLLARS ($4,000,000.00) for

actual and compensatory damages to be assessed against Defendant BUFFALO BOARD

OF EDUCATION, Defendant CITY SCHOOL DISTRICT FOR THE CITY OF

BUFFALO, Defendant BUFFALO PUBLIC SCHOOLS, Defendant Board Members





Defendant DARREN BROWN, Defendant MARY GUINN, Ed.D. and FORTY

MILLION DOLLARS ($40,000,000.00) for punitive damages to be assessed solely

against Defendant Board Members SHARON BELTON – COTTMAN, FLORENCE

JOHNSON, MARY RUTH KAPSIAK, Ed.M., S.D.A., JOHN LICATA, ESQ., JASON

M. MCCARTHY, BARBARA SEALS NEVERGOLD, Ph.D., CARL PALADINO,

ESQ., JAMES M. SAMPSON and THERESA HARRIS – TIGG, Ph.D.;

b) on the second cause of action, judgment in an amount to be proved at a

trial by jury, but not less than the sum of FOUR MILLION DOLLARS ($4,000,000.00)

for compensatory and actual damages to be assessed against Defendant BUFFALO


BUFFALO, Defendant BUFFALO PUBLIC SCHOOLS, Defendant Board Members





Defendant DARREN BROWN, Defendant MARY GUINN, Ed.D. and FORTY

MILLION DOLLARS ($40,000,000.00) for punitive damages assessed solely against

Defendant Board Members SHARON BELTON – COTTMAN, FLORENCE

JOHNSON, MARY RUTH KAPSIAK, Ed.M., S.D.A., JOHN LICATA, ESQ., JASON

M. MCCARTHY, BARBARA SEALS NEVERGOLD, Ph.D., CARL PALADINO,

ESQ., JAMES M. SAMPSON and THERESA HARRIS – TIGG, Ph.D.;

c) on the third cause of action, judgment solely against Defendant CARL

PALADINO, ESQ., in an amount to be proved at a trial by jury, but not less than the sum

of FOUR MILLION DOLLARS ($4,000,000.00) for actual and compensatory damages

and FORTY MILLION DOLLARS ($40,000,000.00) for punitive damages, and

d) together with costs and disbursements of this action and for such other

relief as this court deems just, proper and equitable.

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