Free Answering Brief in Opposition - District Court of Delaware - Delaware

Case 1:08-cv-00011-GIVIS Document 18 Filed 02/13/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF DELAWARE
ARONDA D. BROOKIN S
Plaintiffs, February 12, 200
V.
RED CLAY CONSOLIDATED SCHOOL DISTRICT
Defendant.
C.A.N0. 08-cv-11 GMS
PLAIN TIFFS RESPONSE AND DISAGREEl\/[ENT TO A
DEFENDANT’S, MOTION TO DISMISS FOR FAILURE
TO STATE A CLAIM
On September 4, 2007 I filed a complaint against Red Clay
Consolidated School District with respect to an improper
employment termination and violation of my civil rights
due to my criminal background, which is 17 % years old.
I am in disagreement with the defendant’s motion to
dismiss my case and I offer the following:
1. I was successfiilly employed with Red Clay from
1995-1999 and resigned in good standing after the
tragic death of my mother and husband six months
apart.
2. I was re-hired by Red Clay in September of 2005 in the
lg J Human Resources Department as a floating clerk with
the same criminal background I was hired with in 1995.
I received a favorable evaluation upon completion of
S2 their probationary period.

Case 1 :08-cv-00011-GIVIS Document 18 Filed 02/13/2008 Page 2 of 4
3. On or about March 8, 2006 I was covering for an absent
secretary in a school when I received a hand delivered
inter-office letter from Ms. Debra Davenport that I was
to meet with her in her office on March 10, 2006 and
advised to have union representation attend the meeting
with me. Unfortunately, the Union Representation was
out of town after asking for the 48-hour extension as
noted in our Union Contract. (See attached) Ms.
Davenport denied me the extension and terminated me
by mail for an unfavorable criminal background after
six months of successful employment.
4. I went to Delaware Labor Law Department to seek help
for what I felt is wrongful termination and was directed
to the US Equal Employment Opportunity Commission
(EEOC) located in Philadelphia Pennsylvania. I
received a final right to sue letter from the EEOC
indicating that I may file suit in a United States Federal
District Court and the closest US Federal District Court
to my residing in Delaware is the Federal Court located
in Philadelphia Pennsylvania.
5. Finally, I presently cannot afford an attorney to help me
with my case. However, I am certain that I was
wrongfully terminated from Red Clay School District
for a criminal history that I had been hired with back in
1995 and worked until 1999. Then, re-hired with the
same criminal history again in September 2005 until
being stripped of my civil rights in March 2006 for
something Red Clay was already aware of Your

Case 1 :08-cv-00011-GIVIS ooeumenhi 18 Filed 02/13/2008 Page 3 of 4
Honor, My claim was not filed past 300 days. My first
claim was filed in a timely mamier. However, I first
presented to the E.E.O.C. by phone and was mailed a
form to complete and return as I followed their
protocol. I then received a phone call from the E.E.O.C.
informing me I needed to come in person to proceed
and I did so. When I arrived in person I was assigned
another case number with Mr. White not being aware I
already had one causing me to have two case numbers.
The first claim was filed before the 300 day deadline.
However, once the error was corrected, The E.E.O.C
proceeded with the correct claim number from that
point on. Also, Your Honor if I had missed the 300 day
deadline the E.E.O.C. would not have accepted my
claim at all. From the E.E.O.C. I was directed to the
United States District Court of Pennsylvania and then
transferred to the United States District Court of
Delaware. Finally, my claim is that I was wrongfully
terminated Hom Red Clay School District and the fact
that I worked well past the 90 day probationary period.
While I cannot afford an attorney, I have no other
direction to go but to defend myself and to bring forth
my witnesses in this case. I plead with the courts to not
dismiss my case and give me the chance to let fair
citizens hear the truth.
(6) Remedy Sought: Reinstated to a position with back pay
In conclusion, for the above stated reasons, I
Aronda D. Brookins (Plaintiff) plead with the
court to not dismiss my claims against Red Clay
for failure to state a claim.
%/Uf`Y""é& gm/4;.

Case 1:08-cv-00011-GMS Document 18 Filed 02/13/2008 Page 4 of 4
cc: Judge J. Sleet
John D. Balaguer
Dana Spring Monzo
(Attorneys for Red Clay Consolidated School
District

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