Case 2:21-cv-01612-GMB Document 1 Filed 12/06/21 Page 1 of 12 FILED

2021 Dec-06 PM 03:28

U.S. DISTRICT COURT
N.D. OF ALABAMA
Pro Se I ( Rl'v _ l 2 l 6) Complaint for a Civil Case

UNITED STATES DISTRICT COURT

for the

District of

Division

) Case No.
) (to hcfilled in by the Clerk'.\ ()ffice)
Donna J. Logan )
Plainti((fs) )
(YVrite thejidl nan1e q(each plaint!fF11ho is /1'/111g this co111plaint.
!(the 11an11:s o(all the plainti/1"~ cannot.fit in the space aho1·e.
) Jury Trial: fcht>ck oneJ 0 Yes ~ No
please nri1c ··see auached" in the space and attach an additional )
page 1vith rhe fit!! list Q(namcs.) )
-v- )
)
)
)
)
City of Midfield )
De.f.'ndant(s) )
(If.rite the/id! nan1e o,.(each defi:?ndant 1vho 1.s being sued !(the
)
nan1es o(a!I rhe deji!ndants cannorjit in the space aho1·e. please
\tTite ··see attached"" in the space and attach an additional page
1-l'ith thefi1fl list o( name'>-.)

COMPLAINT FOR A CIVIL CASE

I. The Parties to This Complaint

A. The Plaintiff( s)

Provide the information below for each plaintiff named in the complaint. Attach additional pages if
needed.
Name Donna J. Logan
Street Address 806 Brandy Circle
City and County Birmingham Jefferson
State and Zip Code Alabama 35214
Telephone Number 205-369-2115
E-mail Address JELKS67(d)AOL.COM

B. The Defendant(s)

Provide the information below for each defendant named in the complaint, whether the defendant is an
individual, a government agency, an organization, or a corporation. For an individual defendant,
include the person's job or title li/'knounj. Attach additional pages if needed.

Page 1 of 5
 Case 2:21-cv-01612-GMB Document 1 Filed 12/06/21 Page 2 of 12

Pro Sc I (Re\ l216)ComplaintforaCivilCa..;c

Defendant No.
Nan1e City of Midfield
Job or Title (ifk11011·11J

Street Address 725 Bessemer Super Highway

City and County Midfield Jefferson
State and Zip Code Alabama 35228
Telephone Number 205-923-7575
E-n1ail Address rifk1101u1J

Defendant No. 2
Name
Job or 'ritle (i/'k110H"11J
Street Address
City and County
State and Zip Code
Telephone Number
E-1nail Address (ifknoH·nJ

Defendant No. 3
Name
Job or Title fi{knoH 11)
Street Address
City and County
State and Zip Code
Telephone Number
E-tnail Address (ifk11011·11)

Defendant No. 4
Name
Job or Title (1fknon11)
Street Address
City and Caunty
State and Zip Code
Telephone Number
E-mail Address lifknmrnJ

Page 2 of 5
 Case 2:21-cv-01612-GMB Document 1 Filed 12/06/21 Page 3 of 12

Pro SL· I (Rev_ 12 16) Complaint for a Civil Case

II. Basis for Jurisdiction

Federal courts arc courts of limited jurisdiction (limited power). Generally, only two types of cases can be
heard in federal court: cases involving a federal question and cases involving diversity of citizenship of the
parties. Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treaties
is a federal question case. Under 28 U.S.C. § 1332. a case in which a citizen of one State sues a citizen of
another State or nation and the amount at stake is more than S75.000 is a diversity of citizenship case. In a
diversity of citizenship case, no defendant may be a citizen of the same State as any plaintiff.

\V'hat is the basis [or federal court jurisdiction? fcheck all that app(1)
[8J Federal question D Diversity of citizenship

fill out the parai,>raphs in this section that apply to this case.

A. If the Basis for Jurisdiction Is a Federal Question

List the specific federal statutes, federal treaties, and/or provisions of the United States Constitution that
are at issue in this case.
Title Vil

B. If the Basis for Jurisdiction Is Diversity of Citizenship

I. The Plaintiff( s)

a. If the plaintiff is an individual

The plaintiff, (11un1e) , is a citizen of the
State of f11an1e)

b. If the plaintiff is a corporation

The plaintiff, (name) , is incorporated
under the laws of the State of (nnmeJ
and has its principal place of business in the State of (name!

(If more than one plaintiffis named in the complaint, attach an additional page providing the
same information for each additional plaintiff)

L The Defendant( s)

a. If the defendant is an individual

The defendant, (11an1e) , is a citizen of
the State of (name) Or is a citizen of
(fOreign 11at1011)

Page 3 of 5
 Case 2:21-cv-01612-GMB Document 1 Filed 12/06/21 Page 4 of 12

Pro S..: l ( IZ<.:Y _ 12 IO J Complaint for a C1\ il Case

b. [f the defendant is a corporation

The defendant, f11an1eJ , is incorporated under
the laws of the State of fnanu:) , and has its
principal place of business in the State of fnameJ
Or is incorporated under the la""''S of ffbre1gn nation)

and has its principal place of business in r11an1e)

(If more 1han one defendanl is named in the complain!, ar1ach an additional page pro1·iding 1he
same in/iJrmation jiir each addilional defendant.)

3. The Amount in Controversy

The amount in controversy-the amount the plaintiff claims the defendant owes or the amount at
stake-is more than $75,000, not counting interest and costs of court, because lnpla1n1:

Ill. Statement of Claim

Write a short and plain statement of the claim. Do not make legal arguments. State as briefly as possible the
facts showing that each plaintiff is entitled to the damages or other relief sought. State how each defendant was
involved and what each defendant did that caused the plaintiff harm or violated the plaintiffs rights, including
the dates and places of that involvement or conduct. If more than one claim is asserted, number each claim and
write a short and plain statement of each claim in a separate paragraph. Attach additional pages if needed.
[ am a female police officer. [ was promoted to the rank of Lieutenant. I was always called on by Mayor Gary
Richardosn to handle all types of tasks. Once Chief Jesse Bell was promoted I was not allowed to do my job. I
was unable to supervise certain sergeants. A meeting was held with the Mayor, City Councilor James Reasor
and the police department in July 2020. Everbody in this meeting was told that these practices would stop and to
notify the Mayor if they continued. I called the Mayor the next week because nothing changed. The Mayor
stated that he was tied up and he would call me back. Instead I got called into the Chief office and was told "
Yeah the Mayor said you wanted a meeting" I have not got the call back from the Mayor yet.
lean not be compensated for handling business after hours.
I am now being retaliated and my job duties are being changed.

IV, Relief

State briefly and precisely what damages or other relief the plaintiff asks the court to order. Do not make legal
arguments. Include any basis for claiming that the wrongs ai1eged are continuing at the present time. Include
the amounts of any actual damages claimed for the acts alleged and the basis for these amounts. Include any
punitive or exemplary damages claimed, the amounts, and the reasons you claim you are entitled to actual or
punitive money damages.

Page--l nf 5
 Case 2:21-cv-01612-GMB Document 1 Filed 12/06/21 Page 5 of 12

Pro So.: l 1Re' 12 ]6)Cllmpla1111 foraCi\i!Casc

I would like to be compensated for all hours of handling City of Midfield business. while not at work. I request
damages in whatever amout set by the court and attorney fees. I would like for the discriminating practices to
stop.

V. Certification and Closing

Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge. infonnation,
and belief that this complaint: ( 1) is not being presented for an improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation; (2) is supported by existing law or by a
nonfrivolous argument for extending, modifying, or reversing existing law; (3) the factual contentions have
evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable
opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the
requirements of Rule 11.

A. For Parties Without an Attorney

I agree to provide the Clerk's Office with any changes to my address where case~related papers may be
served. I understand that my failure to keep a current address on file with the Clerk's Office may result
in the dismissal of my case.

Date of signing: 1210612021

Signature of Plaintiff
Printed Name of Plaintiff
~
"Donna J.

B. For Attorneys

Date of signing:

Signature of Attorney
Printed Name of Attorney
Bar Number
Name of Law Finn
Street Address
State and Zip Code
Telephone Number
E-mail Address

Page 5 of 5
 Case 2:21-cv-01612-GMB Document 1 Filed 12/06/21 Page 6 of 12

EEOC Form 5 111109)

Agency(ies) Charge
CHARGE OF DISCRIMINATION Charge Presented To:
No(s):
This form is affected by the Privacy Act of 1974. See enclosed Privacy Act
Statement and other information before completing this form.
D FEPA
!Kl EEOC 420-2021-01365
and EEOC
State or local Agency, if any

Name (indicate Mr.. Ms .. Mrs.) Home Phone Year of Birth

MRS. DONNA J LOGAN (205) 791-9788 1961

Street Address City. State and ZIP Code

806 BRANDY CIRCLE, BIRMINGHAM,AL 35214

Named is the Employer, Labor Organization. Employment Agency, Apprenticeship Committee, or State or Local Government Agency
That I Believe Discriminated Against Me or Others. (If more than two, list under PARTICULARS below,)
Name No Employees, Members Phone No.

CITY OF MIDFIELD 15. 100 (205) 923-7575

Street Address City, State and ZIP Code

725 BESSEMER SUPER HIGHWAY, MIDFIELD, AL 35228

Name No Employees, Members Phone No.

Street Address City, State and ZIP Code

DISCRIMINATION BASED ON (Check appropriate box(es).) DATE(S) DISCRIMINATION TOOK PlACE

Earliest Latest
[I] RACE D COLOR [I] SEX
D RELIGION D NATIONAL ORIGIN 11-01-2019 07-23-2021
D RETALIATION D AGE
D DISABILITY D GENETIC INFORMATION
D OTHER (Specify) [I] CONTINUING ACTION

THE PARTICULARS ARE (If additional paper is needed, attach extra sheet(s)):
I am a black female. I was hired in May 2006, as a Police Officer. I currently hold the title of
Lieutenant. I am the only Lieutenant in the department. In 2019, I complained that I was
having trouble with supervising the white Police Officers. In July 2020, Mayor Gary
Richardson held a meeting to discuss the proper chain of command and encourage all who
attended the meeting of his open-door- policy.

To date, the problem still exists. I am still having trouble with the supervision of the white
Police Officers. They will go directly to Chief Jessie Bell (Black) and disregard my authority
entirely. My access to the pay system has been revoked By Chief Bell, and I am not allowed
to know the code to access it. The white Sergeants under my authority have the code to
access the pay system and were told not to give it to me. I have complained of the unfair
treatment, but nothing has been done to correct it.

I believe that I have been discriminated aaainst because of mv race and sex, in violation of
I want this charge filed with both the EEOC and the State or local Agency, NOTARY - When necessary for State and local Agency Requirements
if any. I will advise the agencies if I change my address or phone number
and I will cooperate fully with them in the processing of my charge in
accordance with their procedures. I swear or affirm that I have read the above charge and that it
I declare under penalty of perjury that the above is true and correct. is true to the best of my knowledge, information and belief.
SIGNATURE OF COMPLAINANT

Digitally signed by Donna J Logan on 08-23·2021 SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE
04:37 PM EDT (month, day, year}
 Case 2:21-cv-01612-GMB Document 1 Filed 12/06/21 Page 7 of 12

EEOC Form 5 {11/09)

Agency(ies) Charge
CHARGE OF DISCRIMINATION Charge Presented To:
No(s):
This form is affected by the Privacy Act of 1974. See enclosed Privacy Act
Statement and other information before completing this form.
D FEPA
IKJ EEOC 420-2021-01365
and EEOC
State or local Agency, if any

Title VII of the Civil Rights Act of 1964, as amended.

I want this charge filed with both the EEOC and the State or local Agency, NOTARY - When necessary for State and Local Agency Requirements
if any. I will advise the agencies if I change my address or phone number
and I will cooperate fully with them in the processing of my charge in
accordance with their procedures. I swear or affirm that I have read the above charge and that it
I declare under penalty of perjury that the above is true and correct. is true to the best of my knowledge, information and belief.
SIGNATURE OF COMPLAINANT

Digitally signed by Donna J Logan on 08-23-2021 SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE
04:37 PM EDT (month, day, year)
 Case 2:21-cv-01612-GMB Document 1 Filed 12/06/21 Page 8 of 12

CP Enclosure with EEOC Ferm 5 (11/09)

PRIVACY AcT STATEMENT: Under the Privacy Act of 1974, Pub. Law 93-579, authority to
request personal data and its uses are:

1. FORM NUMBER/TITLE/DATE. EEOC Form 5, Charge of Discrimination (11/09).

2. AUTHORITY. 42 U.S.C. 2000e-5(b), 29 U.S.C. 211, 29 U.5.C. 626, 42 U.S.C. 12117, 42 U.S.C.
2000ff-6.

3. PRINCIPAL PURPOSES. The purposes of a charge, taken on this form or otherwise

reduced to writing (whether later recorded on this form or not) are, as applicable
under the EEOC anti-discrimination statutes (EEOC statutes). to preserve private suit
rights under the EEOC statutes, to invoke the EEOC's jurisdiction and, where dual-
filing or referral arrangements exist. to begin state or local proceedings.

4. ROUTINE USES. This form is used to provide facts that may establish the
existence of matters covered by the EEOC statutes (and as applicable, other federal,
state or local laws). Information given will be used by staff to guide its mediation and
investigation efforts and. as applicable, to determine, conciliate and litigate claims of
unlawful discrimination. This form may be presented to or disclosed to other federal,
state or local agencies as appropriate or necessary in carrying out EEOC's functions.
A copy of this charge will ordinarily be sent to the respondent organization against
which the charge is made.

s. WHETHER DISCLOSURE IS MANDATORY; EFFECT OF NOT GIVING INFORMATION. Charges

must be reduced to writing and should identify the charging and responding parties
and the actions or policies complained of. Without a written charge, EEOC will
ordinarily not act on the complaint. Charges under Title VII, the ADA or GINA must be
sworn to or affirmed (either by using this form or by presenting a notarized statement
or unsworn declaration under penalty of perjury); charges under the ADEA should
ordinarily be signed. Charges may be clarified or amplified later by amendment. It is
not mandatory that this form be used to make a charge.

NOTICE OF RIGHT TO REQUEST SUBSTANTIAL WEIGHT REVIEW

Charges filed at a state or local Fair Employment Practices Agency {FEPA) that dual-
files charges with EEOC will ordinarily be handled first by the FEPA. Some charges
filed at EEOC may also be first handled by a FEPA under worksharing agreements.
You will be told which agency will handle your charge. When the FEPA is the first to
handle the charge, it will notify you of its final resolution of the matter. Then, if you
wish EEOC to give Substantial Weight Review to the FEPA's final findings, you must
ask us in writing to do so within 15 days of your receipt of its findings. Otherwise, we
will ordinarily adopt the FEPA's finding and close our file on the charge.

NOTICE OF NON-RETALIATION REQUIREMENTS

Please notify EEOC or the state or local agency where you filed your charge if
retaliation is taken against you or others who oppose discrimination or
cooperate in any investigation or lawsuit concerning this charge. Under Section
704{a) of Title VII, Section 4(d) of the ADEA, Section 503(a) of the ADA and Section
207(f) of GINA, it is unlawful for an employerto discriminate against present or former
employees or job applicants, for an employment agency to discriminate against
anyone, or for a union to discriminate against its members or membership applicants,
because they have opposed any practice made unlawful by the statutes, or because
they have made a charge, testified, assisted, or participated in any manner in an
 Case 2:21-cv-01612-GMB Document 1 Filed 12/06/21 Page 9 of 12

investigation, proceeding, or hearing under the laws. The Equal Pay Act has similar
provisions and Section 503(b) of the ADA prohibits coercion, intimidation, threats or
interference with anyone for exercising or enjoying, or aiding or encouraging others in
their exercise or enjoyment of, rights under the Act.
 Case 2:21-cv-01612-GMB Document 1 Filed 12/06/21 Page 10 of 12

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DISMISSAL AND NOTICE OF RIGHTS

To Donna J. Logan From Birmingham District Office
806 Brandy Circle Ridge Park Place
Birmingham. AL 35214 1130 22nd Street South
Birmingham, AL 35205

D On behalf of person(s) aggrieved whose identity 1s

CONFIDENT/AL 29 CFR 1601.7 a
EEOC Charge No. EEOC Representative Telephone No.

TAMMY L. KIRK,
420-2021-01365 Investigator (205) 651-7052
THE EEOC IS CLOSING ITS FILE ON THIS CHARGE FOR THE FOLLOWING REASON:
D The facts alleged in the charge fail to state a claim under any of the statutes enforced by the EEOC.

D Your allegations did not involve a disability as defined by the Americans With Disabilities Act.

D The Respondent employs less than the required number of employees or 1s not otherwise covered by the statutes.

D Your charge was not timely filed with EEOC: 1n other words. you waited too long after the date(s) of the alleged
discrimination to file your charge

[!] The EEOC issues the following determination: The EEOC will not proceed further with its investigation, and makes no
determination about whether further investigation would establish violations of the statute. This does not mean the claims
have no merit. This determination does not certify that the respondent is in compliance with the statutes. The EEOC
makes no finding as to the merits of any other issues that might be construed as having been raised by this charge.

D The EEOC has adopted the findings of the state or local fair employment practices agency that investigated this charge.

D Other (briefly state)

- NOTICE OF SUIT RIGHTS -

(See the additional mformation attached to this form)

Title VII, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, or the Age
Discrimination in Employment Act: This will be the only notice of dismissal and of your right to sue that we will send you.
You may file a lawsuit against the respondent(s) under federal law based on this charge in federal or state court. Your
lawsuit must be filed WITHIN 90 DAYS of your receipt of this notice; or your right to sue based on this charge will be
lost. (The time limit for filing suit based on a claim under state law may be different.)

Equal Pay Act (EPA): EPA suits must be filed in federal or state court within 2 years (3 years for willful violations) of the
alleged EPA underpayment. This means that backpay due for any violations that occurred more than 2 years (3 years)
before you file suit may not be collectible.

On behalf of the Commission

D1g1tdlly >igned by SHERI GUENSTER
SHERI GUENSTER Date: 2021 _09.G7 13:47:S3 ·OS'OO'

Enclosures(s)
·fur BRADLEY A. ANDERSON, (Date Issued)

District Director
cc: CITY OF MIDFIELD
c/o Otinesha Paige, Human Resources
725 Besemer Super Highway
Midfield, AL 35228
 Case 2:21-cv-01612-GMB Document 1 Filed 12/06/21 Page 11 of 12

EJH:l()SUre ,v1th EEOC

Form 101111:20201

INFORMATION RELATED TO FILING SUIT

UNDER THE LAWS ENFORCED BY THE EEOC

(This information relates to f1/1ng suit in Federal or State court under Federal law.
If you also plan to sue claiming violations of State law. please be aware that time limits and other
provisions of State law may be shorter or more limited than those described below.)

Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA),
PRIVATE SUIT RIGHTS
the Genetic Information Nondiscrimination Act (GINA), or the Age
Discrimination in Employment Act (ADEA):

In order to pursue this matter further, you must file a lawsuit against the respondent(s) named in the charge within
90 days of the date you receive this Notice. Therefore, you should keep a record of this date. Once this 90-
day period is over, your right to sue based on the charge referred to in this Notice will be lost. If you intend to
consult an attorney. you should do so promptly. Give your attorney a copy of this Notice, and its envelope or
record of receipt, and tell him or her the date you received it. Furthermore, in order to avoid any question that you
did not act in a timely manner, it is prudent that your suit be filed within 90 days of the date this Notice was
issued to you (as indicated where the Notice is signed) or the date of the postmark or record of receipt, if later.

Your lawsuit may be filed in U.S. District Court or a State court of competent jurisdiction. (Usually, the appropriate
State court is the general civil trial court.) Whether you file in Federal or State court is a matter for you to decide
after talking to your attorney. Filing this Notice is not enough. You must file a "complaint" that contains a short
statement of the facts of your case which shows that you are entitled to relief. Your suit may include any matter
alleged in the charge or, to the extent permitted by court decisions, matters like or related to the matters alleged 1n
the charge. Generally, suits are brought in the State where the alleged unlawful practice occurred, but in some
cases can be brought where relevant employment records are kept, where the employment would have been, or
where the respondent has its main office. If you have simple questions, you usually can get answers from the
office of the clerk of the court where you are bringing suit, but do not expect that office to write your complaint or
make legal strategy decisions for you.

PRIVATE SUIT RIGHTS Equal Pay Act (EPA):

EPA suits must be filed in court within 2 years (3 years for willful violations) of the alleged EPA underpayment: back
pay due for violations that occurred more than 2 years (3 years) before you file suit may not be collectible. For
example, 1f you were underpaid under the EPA for work performed from 7/1/08 to 12/1/08, you should file suit
before 7/1/10 - not 12/1/10 -- in order to recover unpaid wages due for July 2008. This time limit for filing an EPA
suit is separate from the 90-day filing period under Title VII, the ADA, GINA or the ADEA referred to above.
Therefore, if you also plan to sue under Title VII, the ADA, GINA or the ADEA, in addition to suing on the EPA
claim. suit must be filed within 90 days of this Notice and within the 2- or 3-year EPA back pay recovery period.

A TT OR NEY REPRESENTATION Title VII, the ADA or GINA:

If you cannot afford or have been unable to obtain a lawyer to represent you, the U.S. District Court having jurisdiction
in your case may, in limited circumstances, assist you in obtaining a lawyer. Requests for such assistance must be
made to the U.S. District Court in the form and manner it requires (you should be prepared to explain in detail your
efforts to retain an attorney). Requests should be made well before the end of the 90-day period mentioned above,
because such requests do not relieve you of the requirement to bring suit within 90 days.

ATTORNEY REFERRAL AND EEOC ASSISTANCE All Statutes:

You may contact the EEOC representative shown on your Notice if you need help in finding a lawyer or if you have any
questions about your legal rights, including advice on which U.S. District Court can hear your case. If you need to
inspect or obtain a copy of information in EEOC's file on the charge. please request it promptly in writing and prov1d~
your charge number (as shown on your Notice). While EEOC destroys charge files after a certain time, all charge files
are kept for at least 6 months after our last action on the case. Therefore, if you file suit and want to review the charge
file, please make your review request within 6 months of this Notice. (Before filing suit, any request should be
made within the next 90 days.)

IF YOU FILE SUIT, PLEASE SEND A COPY OF YOUR COURT COMPLAINT TO THIS OFFICE.
 Case 2:21-cv-01612-GMB Document 1 Filed 12/06/21 Page 12 of 12

Enclosures(s)

cc: