: 12 -cv- - Amazon S3s3.amazonaws.com/cdn.getsnworks.com/spl/pdf/jeffersonville_com… · Case...

Case 4:12-cv-00001-SEB-TAB Document 1 Filed 01/04/12 of 9 PageID #: 1

F I L e-li' ",~~,LD "~' ,", h,! CrCOl1P.T

UNITED STATES DISTRICT COURT , i(l~J SOUTHERN DISTRICT OF INDIANA AT NEW ALBAN'12 I.' ,\1 _ . '. .' , ~

NO. ~ .... { 4 fH' /I: 26 FILED ELECTRONICALLY

KELLY SHORT

4 v.

: 12 -cv-

GREATER CLARK COUNTY SCHOOLS

and

Serve: Hon. Sandra W. Lewis General Counsel Greater Clark County Schools 2112 Utica-Sellersburg Road Jeffersonville, IN 47130

Serve: Christina Gilkey President, Board of Trustees 903 Dogwood Road Jeffersonville, IN 47130

Serve: Greg Zoeller Indiana Attorney General's Office Indiana Government Center South 302 \\T. Washington St., 5th Floor Indianapolis, IN 46204

JAMES SEXTON in his individual and official capacities

and

Serve: James Sexton Principal, Jeffersonville High School 2315 Allison Lane Jeffersonville, IN 47130

STEPHEN DAESC,HNER in his individual and official capacities

Serve: Stephen Daeschner Superintendent, Greater Clark County Schools Administration Building 2112 Utica-Sellersburg Road Jeffersonville, IN 47130

1

DEFENDANTS


*************** VERIFIED COMPLAlL~T, PETITION FOR DECLARATION OF RIGHTS, and REQUEST

FOR IMl"IEDIATE INJUNCTIVE RELIEF

The Plaintiff, Kelly Short, for her Verified Complaint against the Defendants, Greater Clark

County Schools, James Sexton, and Stephen Daeschner, states the following:

NATURE OF THE ACTION

This is an action for injunctive relief, monetary damages, and a petition for declaration of rights

arising from the Defendants' deprivation of the Plaintiffs rights under the United States Constitution,

the Indiana Constitution, the Indiana Whistleblower Act, and other applicable state and federal laws.

THE PARTIES, JURISDICTION AND VENUE

1. Plaintiff is a citizen of Indiana and is employed as a teacher for Defendant Greater Clark

County Schools.

2. Defendant Greater Clark County Schools. (hereinafter, "GCCS") IS a school corporation

operating within the Southern District of Indiana.

3. Defendant James Sexton is sued in his individual capacity, and in his official capacity as

Principal of Jeffersonville High School, which is part of the GCCS System.

4. Defendant Stephen Daeschner is sued in his individual capacity, and in his official capacity as

Superintendent of Greater Clark County Schools.

5. Jurisdiction is proper in this Court under 28 U.S.C. § 1331 and 28 U.S.C. § 1367 because the

action arises under the state and federal constitutions, statutes, and common law, the Plaintiff

seeks injunctive relief, and the Plaintiff is seeking monetary damages in excess of the

jurisdictional requirements of this Court.

6. Venue is proper in the Southern District of Indiana because Plaintiff resides in the Southern

District of Indiana, the Defendants perform their official duties and conduct business in the

2


Southern District of Indiana, and the injuries in question occurred in the Southern District of

Indiana.

FACTUAL ALLEGATIONS

3. Plaintiff has been employed by the Defendant GeeS at Jeffersonville High School ("JHS")

from 1994 until present, primarily as a teacher of journalism and related subjects.

4. Plaintiff also oversees the publication of the JHS yearbook ("the Topic") as well as the school

newspaper ("the Hyphen"), which are written and published almost exclusively by students of

JHS.

5. In early 2011, Plaintiffs newspaper students published a story in the school newspaper, The

Hyphen, regarding the placement and cost of security cameras in the school.

6. In response to the story, Defendant Sexton demanded that he personally be allowed to review

the paper prior to publication in the future, and also threatened to reassign Plaintiff if she did

not submit the paper to him before publication.

7. Defendant Sexton also berated Plaintiff in front of her students in the middle of class regarding

what he characterized as "bad information II he thought Plaintiff had given the students

regarding his administration.

8. Through her union, and in good faith, Plaintiff filed a grievance against Sexton for his behavior.

9. In late May/early June, 2011, Defendant Sexton attempted to discipline certain JHS students for

posts they made on the social networking website http://www.facebookcom.

10. Plaintiff was outspoken in her belief that the posts made by JHS students were protected by the

First Amendment.

11. On or about June 14, 2011, in retaliation for her protected speech and for her union activities,

Defendant Sexton attempted to unilaterally remove Plaintiff from her position as JHS Yearbook

sponsor, and also to remove the additional compensation she was receiving in that position.

3


12. Sexton thereafter attempted to remove Plaintiff from her teaching duties altogether, and for a

period of time she was removed from teaching journalism, leaving un- or under-qualified

teachers to instruct the class.

13. Sexton also attempted to put in place a policy that would require students to submit the school

newspaper to him for review three days prior to publication. The proposed policy declared that

the newspaper, which is not funded by the school, was not a forum for public expression, and

allowed Sexton to unilaterally revise or censor "potentially sensitive topics" and content that is,

in his view, "biased or prejudiced, vulgar or profane, or unsuitable for immature audiences."

14. Defendant Sexton also proposed an unconstitutional and otherwise illegal policy regarding the

content of the school yearbook.

IS.At all times relevant to this action, Plaintiff has vocally opposed the practice of prior review of

student publications as being violative of the First Amendment.

16. The actions of and unconstitutional policies promulgated by Defendants constitute a matter of

public concern, as they directly impact the administration of a taxpayer-funded school system,

censorship of protected speech in students' homes and in public places, and other critical

fundamental issues.

17. In particular, Plaintiff adamantly opposed Defendant Sexton's proposed policy regarding prior

review of the JHS newspaper and yearbook, and made her opposition known verbally and in

writing to individuals responsible for administration of GCCS including, but not limited to:

Superintendent Stephen Daeschner; Christina Gilkey, the President of the Greater Clark County

Board of School Trustees; Assistant Superintendent Travis Haire; and GCCS Gen~ral Counsel

Hon. Sandy vv. Lewis.

18. On November 9, 2011, in retaliation for her protected speech and activities as outlined above,

including her opposition to the illegal policies proposed by Defendants, her union activities, and

4


her support for students who opposed censorship, Defendants contrived false and pretextual

allegations against Plaintiff and suspended her from teaching.

19.Defendant Daeschner signed a letter of suspension on November 9, 2011, and is the authority

ultimately responsible for disciplining Plaintiff and other employees of GCCS.

20. No serious disciplinary action had ever been taken against Plaintiff during her entire tenure

prior to November 9,2011.

21. The punishment for the infractions allegedly committed by Plaintiff is grossly disproportionate

and unfair compared to punishment of similarly situated GCCS employees accused of similar

infractions.

COUNT ONE - VIOLATIONS OF 42 U.S.C. § 1983 and § 1985

22. Section 1983 imposes civil liability upon any person who, acting under the color of state law,

deprives another individual of any rights, privileges, or immunities secured by the Constitution

or law of the United States.

23. At all times material hereto, all Defendants were acting under color of state law.

24. Defendants, in their individual and official capacities, violated Plaintiffs right to free speech

under the Constitution and the laws of the United States and of Indiana by retaliating against her

and otherwise restricting her right to free speech, free association, and freedom of the press

protected by the First Amendment of the U.S. Constitution and Art. 1 § 9 of the Indiana

Constitution.

25. Defendants in their individual and official capacities violated Plaintiffs substantive due process

rights under the Constitution and the laws of the United States and of Kentucky by depriving

her of the property interest in her employment and contracts therefor, and depriving her of

related liberty interests.

5


26.Defendants, in their individual and official capacities, violated Plaintiffs procedural due process

rights under the Constitution and the laws of the United States and Indiana by failing to

sufficiently notify Plaintiff of the charges against her, by failing to follow the contractual

obligations set forth in the Collective Bargaining Agreement between the teachers' union and by

failing to follow its own disciplinary policies and procedures.

27. Defendants conspired to commit the above violations of Plaintiffs constitutional rights.

28. The law regarding the above violations was clearly established, and the violations were not

objectively or subjectively reasonable.

COUNT TWO - VIOLATIONS OF THE INDIANA 'VHISTLEBLOvVER STATUTE

29. As set forth above, and as evidenced by Plaintiffs counsel's letter·of August 12, 2011 (attached

hereto as Exhibit 1), Plaintiff has reported in writing to her supervisors the existence of:

(a) Defendants' violations of federal laws and/or regulations;

(b) Defendants' violations of state laws or other rules; and

( c) Defendants' misuse of public resources.

30. As a direct or partial result of the good-faith reports made by Plaintiff, she was reassigned and

suspended by Defendants.

31. Said conduct is in violation of Indiana Code § 4-15-10-4.

COUNT THREE - ADVERSE ACTION IN VIOLATION OF PUBLIC POLICY

32. Defendants suspended and took other adverse employment actions against Plaintiff in whole or

in part because of her exercise of a statutorily-conferred right to union activity, and for

exercising her rights under the Collective Bargaining Agreement.

33. Defendants suspended and took other adverse employment actions against Plaintiff in

whole or in part because of her refusal to enforce Defendants' illegal and/or unconstitutional

policies in her classroom.

6


34. The above actions constitute the common-law tort of adverse action against an employee

. in violation of public policy, and Plaintiff is entitled to damages as a result.

DAMAGES

35. As a result of Defendants' unlawful conduct, Plaintiff is entitled to compensatory damages in

an amount· exceeding the jurisdictional minimums of this Court, including damages for

embarrassment, humiliation, emotional distress, and mental anguish.

36. Plaintiff is entitled to punitive damages for the willful, wanton, oppressive, malicious, and/or

grossly negligent unlawful conduct of Defendants, as set forth above.

37. Pursuant to 42 U.S.C. § 1988, Plaintiff is further entitled to her costs and attorneys fees in

bringing and maintaining this action, plus interest.

DE·CLARATORY JUDGiVIENT AND PERlVIANENT INJUNCTION

38. Plaintiff incorporates by reference, as set forth fully herein, each and every averment,

allegation, or statement contained in the previous paragraphs of this Complaint.

39. Plaintiff requests this Court issue a declaratory judgment deeming unconstitutional any and all

policies, procedures, practices, and/or customs, whether written or unwritten, to which Plaintiff

voiced her opposition or under which Plaintiff was deprived of her constitutional rights as set

forth above, arid further requests that the Court permanently enjoin Defendant from following

or enforcing such policies, procedures, practices, and/or customs.

40. Plaintiff further requests that Plaintiff be granted permanent injunctive relief in the following

forms:

(a) That Defendants reinstate her to her full schedule of teaching duties;

(b) That Defendants be required to clear Plaintiffs record in regard to any disciplinary actions

taken in unlawful violation of Plaintiffs rights;

7


(c) That Defendants be enjoined from disclosing any information with regard to Plaintiffs

discipline in any context, including but not limited to any letters of recommendation or

reference.

WHEREFORE, the Plaintiff, Kelly Short, respectfully requests the following:

1. An award of damages as set forth in the Complaint above;

2. A declaratory judgment and permanent injunctive relief;

3. Trial by jury on all issues so triable;

4. Her costs and attorney's fees, plus pre- and post-judgment interest;

5. Any and all other relief to which she may be entitled.

lbmitted,

A LJ. CANON LAURA E. LANDENWICH CLAY FREDERICK ADAMS, PLC 462 S. Fourth Street Meidinger Tower, Suite 101 Louisville, Kentucky 40202 (502) 561-2005 dan((V,justiceky.com

8


VERIFICATION

I, Kelly Short, state that I have read the foregoing Complaint and the statements contained

therein are true to the best of my knowledge and belief.

Subscribed and sworn to before me by Kelly Short on this:3 dayof January, 2012.

My commission expires: -~~~"b-k-P=~~--L-=--------,,"~--+

9

Case 4:12-cv-00001-SEB-TAB Document 1-1 Filed 01/04/12 Page 1 of 9 PageID #: 10

EXHIBIT 1


Principal James Sexton Jeffersonville High School 2315 Allison Lane Jeffersonville, IN 47130 Via Celiified Mail and Facsimile

Dear Principal Sexton:

August 12,2011

THOMAS E. CLAY CARL D. FREDERICK

STEVEN M. FREDERICK GARRY R. ADAMS

THEODORE W. WALTON* DANIEL j. CANON

LAURA E. LANDENWICH*

* also licensed in Indiana

Please be advised that I have been retained to represent Kelly ShOli. As you lmow, Ms. ShOli is a journalism teacher and employee of Jeffersonville High School. Last school year, Ms. Short's students published a story in the Hyphen regarding the placement and cost of security cameras in the school. You apparently did not approve of this story, and demanded that you personally be allowed to review the paper prior to publication in the future. You also threatened to reassign Ms. Short if she did not submit the paper to you before publication. In fact, you went so far as to interrupt Ms. ShOli's class to "correct bad information" you thought Ms. Short had given the students regarding your administration.

As you are no doubt aware, Ms. Short filed a grievance over this incident. I have attached your letter of "apology," which was reconunended by the Assistant Superintendent in response to her grievance. In an act of retaliation for her protected speech and for filing a grievance, you attempted to remove Ms. Short from her yearbook duties, and to strip her of the associated stipend. I have attached your June 14, 2011 email to her on this matter. Thankfully, your unilateral attempt at removing her was evidently in violation of the teachers' collective bargaining agreement, and has therefore been delayed for the time being.

As a further act of retaliation, it appears as though you have attempted to strip Ms. ShOli of virtually all of her teaching duties for the upcoming school year. I am told that instead of her normal journalism and photography classes, she will be relegated to the "credit recovery" program. This course of action would leave unqualified teachers to teach joumalism, and leave a well-qualified journalism teacher .to do practically nothing all semester. Obviously, tlus would constitute a gross misuse of public resources, and possibly a violation of the guidelines set by the

10f3

101 MEIDINGER TOWER 462 SOUTH FOURTH STREET LOUISVILLE, KENTUCKY 40202

(502)jUSTICE (502)415-7505 FAX

www.justiceky.com


Elementary and Secondary Education Act and/or the No Child Left Behind Act. I have attached a copy of the PowerSchool printout showing that Ms. ShOli is not scheduled for any journalism or photography classes.

Additionally, I am aware that you have recently promulgated a new policy which mandates you be able to personally review the school newspaper prior to pUblication. The policy you have put in place declares that the Hyphen, which is not funded by the school, is not a forum for public expression. The new policy also allows you to unilaterally revise or censor "potentially sensitive topics" and content that is, in your view, "biased or prejudiced, vulgar or profane, or unsuitable for immature audiences."

Your policy demands a review period of three days prior to press. Not only is tlus policy impracticable, it conflicts with the School Board's policy on student publications (6145.3). More importantly, your new policy is plainly and blatantly unconstitutional. It is overly broad in its scope, the restrictions on the Hyphen's content are far too vague, and the policy will undoubtedly affect and chill protected student speech. Furthermore, I am unaware of any controlling precedent that would allow a school administrator such as yourself the ability to restrain supposedly "sensitive" student speech before the speech has actually happened. Having failed to properly remove Ms. ShOli from her yearbook duties, you have also implemented a new yearbook policy which appears to be unconstitutional. I have attached a copy of both policies.

We view these policies as either a thinly veiled attempt at retaliating against Ms. Short by forcing her to work within unrealistic parameters, or a gross overreach of administrative power, or both. Your actions constitute flagrant violations of federal and state law, including, but not limited to: violations of the constitutional rights of both the students of Jeffersonville High School and my client, violations of the Indiana State Employees' Bill of Rights (IC 4-15-10-4), and violations of the National Labor Relations Act.

This letter is to demand the following:

1. That Ms. ShOli be returned to a full schedule of teaching classes for which she is best qualified (i.e., Journalism and Photography) in addition to her regular yearbook and school newspaper duties for the upcoming school year;

2. That you cease any further tlu'eats or attempts to retaliate against Ms. Short for her union activities, her protected speech, or her students' criticism of you and your administration;

3. That you cease and desist any fmiher attempts to regulate and restrict protected student speech in the school newspaper, especially your unlawful directive that constitutes prior restraints on speech; and

4. That you rescind the unlavvful and ill-advised new directives regarding the yearbook.

I would like to lmow your position on this impOliant matter witlun seven business days of the

20f3

101 MEIDINGER TOWER 462 SOUTH FOURTH STREET LOUISVILLE, KENTUCKY 40202 (502) JUSTICE


date of this letter. If I have not received a written response from you or your legal representative within that time, I will assume that you have no intention of meeting Ms. Short's demands, and I will advise her to take appropriate action to protect and vindicate her rights.

Sincerely, .

{---.-~l_· ~~. ~- .. L··

Daniel 1. Canon, Esq.

Cc: Stephen Daeschner, Ph.D.

Enc.

Superintendent, Greater Clark Co. Schools Greater Clark County Schools Administration Building 2112 Utica Sellersburg Road Jeffersonville, IN 47130 Via U.S. Mail and Facsimile

Christina Gilkey President, Greater Clark Co. Board of School Trustees 903 Dogwood Road Jeffersonville, IN 47130-5421 Via U.S. Mail

3 of3

101 MEIDINGER TOWER 462 SOUTH FOURTH STREET LOUISVILLE, KENTUCKY 40202 (502) JUSTICE

Case 4:12-cv-00001-SEB-TAB Document 1-1 Filed 01/04/12 Page 5 of 9 PageID #: 14FW: BAD "~FORr\4ATIOI~

From: Kell~1 Short <[email protected]>

To: keljshort <keljshort@&.ol.com>

Subject: FW BAD If\iFORMATIOI\!

Date: Wed, Dec 1,20101:14 pm

From: James Sexton Sent: Wednesday, December 01, 2010 10:55 AfVI To: Kelly Short Subject: BAD INFORMATION

8/10fl1 3:21 PM

I apologize for not notifying you that! was visiting your class this morning to correct bad information given to YOU!" students. Your information to them according to your own staff members centered around me being placed on an {(Improvement Plan" at the next board meeting. I certainly would have appreciated a conference from you about this bad information that you may have picked up befo("e you added to your classroom discussions. This type of rumor building is certainly detrimental to what I personally am trying to accomplish here at Jeff High. I do not appreciate your involvement in bad information surrounding me or any staff member here at our high schoo!. If you would need to discuss again any bad information you may have picked up, please do so in my office.

JAS

http://mail.aol.com 1 3400 7 - 311 laol-61 en-us/mail/PrintMessage .aspx Page 1 of 1


From: James Sexton . Sent: Tuesday, June 14, 2011 1:18 PM To: Kelly Short' " Cc: Travis Haire; Kar.en'Perkowski Subject: YEARBOOK

Good afternoon, '

I am notifying 'yOu that your teaching assignment for'the 2011/12 school year is being made and according to the contract I must notify you of the change in your teaching assignment for Yearbook sponsor as well as the extracurricular position (EGA) stipend attached to the position. I realize that the yearbook is still in progress and that I know you will need to see it through the production and the delivery in order to finish your obligations to this year's EGA understanding, This EGA will be ~dvertised per contract agreement internally prior to your completion of responsibilities and I hope I can depend on you to work with the new EGA selected sponsor to finish your job when delivery occurs.

JAS

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Jeffersonville High School 2315 Allison Lane

Jeffersonville, IN 47130

JAl\1ES SEXTON Principal

Phone: (812) 282-6601 Fax: (812) 288-4812

Email: [email protected]

July 18, 2011

Dear Ms. Short,

After careful consideration and discussion, the following will be expected for the Jeffersonville High School newspaper, the Hyphen. The Hyphen is produced in a credit class situation therefore the following directives from this office are to be followed for all future issues of the Hyphen.

.. Since the Hyphen is produced in a journalism class with a credit attachment it cannot be considered as a "forum for public expression" by students.

.. The Hyphen is a school sponsored student media therefore it falls under the administrative guidelines and supervision by the Principal.

" The Hyphen should not be considered in the future as an open forum for students, faculty or community members associated with Jeffersonville High School. Remember the Hyphen is a school-sponsored credit class.

The material in future issues will be reviewed by the principal or designated administrator for "ungrammatical, poorly written, inadequately researched, biased or prejudiced, vulgar or profane, or unsuitable for immature audiences." Potentially sensitive topics and "speech that might reasonably be perceived to advocate drug or alcohol use, irresponsible sex, or conduct otherwise inconsistent with the shared values of a civilized social order or associate the school with anything other than neutrality on matters of political controversy."

We must demand our student publication standards to be "higher than those demanded by some newspaper publishers ... in the real world."

These reviews of the student publication work must take place prior to being sent to press by you the sponsor. The Hyphen should be presented to the principal or designated administrator, for review at least three days before being sent to press. The principal, or designated administrator, will be "Viewpoint neutral" in the review.

According to the courts, school officials can review non-forum, curricular student publications before they go to press. The quoted areas of this directive can be found in the Supreme Court decision surrounding Hazelwood School District V. Kuhlmeier.

If you have questions or need further explanation about these directives, let me know and I will schedule a time for us to meet.

JAS

cc: Travis Haire . Sandy Lewis Jeffry Griffith David Milburn Julie Straight Ginger Whitis


Jeffersonville High School 2315 Allison Lane

Jeffersonville, IN 47130

JAMES SEXTON Principal

Phone: (812) 282-6601 Fax: (812) 288-4812


July 18,2011

Dear Ms. Short,

I am sending this to you to allow for planning that maybe necessary for you to fulfill my directives to you for the Jeffersonville High School Yearbook for 2011112.

After careful consideration and discussions, I feel it is very important that Jeffersonville High establish a yearbook that is completed and delivered prior to the end of the student school year. This end ofthe year delivery will allow the students to have their yearbooks for a planned yearbook distribution assembly. Please make certain this goal is accomplished. The following components of the yearbook are directives to you and your stafffrom this office.

c> The yearbook will have the school colors very prominent on the outside covers. Q The yearbook will have all staff and students indexed for ease of finding. .. The yearbook will have all students and all staff pictured by staff category and or by identified grade. .. The yearbook sales will take place as has been established but should be completed early enough for the

end of the year distribution. .. The yearbook will distinguish the sport seasons, fall, winter, spring. .. The principal or designated staffwill review all completed pages prior to submission to the yearbook

company. .. No new contracts will be signed by you with any yearbook company. This is a responsibility of the

principal and the school district office. .. The process for end of the year delivery will actually produce an end product that you can base a grade on

for the students who are responsible for the production of the yearbook, the yearbook staff.

I hope these directives will help organize and complete the goal of a yearly production and distribution of the school's official record of enrollment and staff and it's many organizations, activities, sports and events that take place during the school year.

If you have questions or need further explanation about these directives, let me know and I will schedule a time for us to meet.

JAS

cc: Travis Haire Sandy Lewis Jeffry Griffith David Milburn Julie Straight Ginger Whitis

Case 4:12-cv-00001-SEB-TAB Document 1-2 Filed 01/04/12 Page 1 of 2 PageID #: 19Indiana Southern Civil Cover Sheet

JS 44 (Rev 09/1 0)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA

CIVIL COVER SHEET

Page 1 of2

F IL ED LJ S ill' TRICT CUURT

~ i f" '-~ ~" ~_ tj ,\ (~ y' L_;! \' ! ~:; t () r~

12JAN-4 AHII:28

This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law.

Plaintiff(s): First Listed Plaintiff: Kelly Short ; County of Residence: Clark County

Defendant(s): First Listed Defendant: Greater Clark County School Board; County of Residence: Clark County

Additional Defendants(s): James Sexton; Stephen Daeschner ;

County Where Claim For Relief Arose: Clark County 4 : 12 -cv-Plaintiffs Attorney(s): Daniel Canon (Kelly Short) Clay Frederick Adams PLC 462 S. Fourth Street, Suite 101 Louisville, Kentucky 40202 Phone: 502-561-2005 Fax: 502-415-7505 Email: [email protected]

Laura Landenwich Clay Frederick Adams PLC 462 S. Fourth Street, Suite 101 Louisville, Kentucky 40202 Phone: 502-561-2005 Fax: 502-415-7505


Defendant's Attorney(s):

Basis of Jurisdiction: 3. Federal Question (U.S. not a party)

Citizenship of Principal Parties (Diversity Cases Only)

Plaintiff: N/A

Defendant: N/A

Origin: 1. Original Proceeding

Nature of Suit: 440 All Other Civil Rights

001 SEB -TAB

1/3/2012

Case 4:12-cv-00001-SEB-TAB Document 1-2 Filed 01/04/12 Page 2 of 2 PageID #: 20Indiana Southern Civil Cover Sheet Page 2 of2

Cause of Action: 28: 1983 (28: 1983 Civil Rights); Violation of and conspiracy to violate constitutional rights

Requested in Complaint Class Action: Not filed as a Class Action

Monetary Demand (in Thousands): 500,000.00

Jury Demand: Yes

Related Cases: Is NOT a refiling of a previously dismissed action

Signature: Daniel J. Canon

Date: 1-3-12

If any of this information is incorrect, please close this window and go back to the Civil Cover Sheet Input form to make the correction and

generate the updated JS44. Once corrected, print this form, sign and date it, and submit it with your new civil action.

1/3/2012

Case 4:12-cv-00001-SEB-TAB Document 1-3 Filed 01/04/12 Page 1 of 1 PageID #: 21--- -----------1

C'J'lft ;'iJ.i·IP.; !)cmthel'l1 Dlstrict of indLma liivision: 4 F:~c'?i ~-i; NU~lbe'r: NAi3@1990 Cashi~~ ID: Itownsen Transaction Date~ 01/84!2Hi2 iJ;ye-I' fj~,me: Daniel .J Canon ~'E;L

CIVIL FILING FEE For: Danlel J CanD~ PSC Ca5.,/hrty: D- U1S-4-12-C\.I-'\i00001-001 Iq~~clJnt; - $.350. 0@

ChECK fH?!f1itte-r: Daniel 1. Canon PSC Check!11ol'if1Y 01'oe'r Mum: 1361-iimt Tenrl~l'e,j; BSfi.Oe

T utal Dl\e~ $350.00 To)t,~l Tend8reL!: $3:50.00 Chi\-li~~ qfl,t: '~0.!l~

Daniel J. [anon PSC

Sui_tl! ! 730

Louisville, KY 4B21l2-4421

4=i2-cv-i

':OnI v tJher. bani-:. clei'.:i's tot' I:!heckl,. moJi"lI?~1 01'Oer, 01' ve'dies c'redi t OT funds is th!:' fee En debt officially paid or discharged. A $45 f~e will be charged 'fo'r " T'etU1')ied check. \I

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