Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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RIDGEWAY SUPERIOR COURT FOR THE ADMINISTRATIVE DIVISION Claim No. Plaintiff BattalionGavin (“Plaintiff”), by and through his undersigned counsel, hereby brings this action to obtain, among other things, injunctive relief ordering that Defendants Ridgeway County Fire Department (“Department”) employ Plaintiff in accordance with 2 R. Stat. § 3233 (“Section 3233”). JURISDICTION AND VENUE 1. Under state law, the Administrative Court retains jurisdiction over “all civil claims involving administrative action, or policy, or rules of a government agency.” 2 R. Stat. § 3305. The claims and allegations set forth herein give rise to review by this Court under the stated jurisdiction. 2. This court may also grant “equitable remedy necessary to ensure proper enforcement of the law.” Id. at § 3307. PARTIES BATALLIONGAVIN, Plaintiff, v. RIDGEWAY COUNTY FIRE DEPARTMENT, Defendant. 3. Plaintiff BattalionGavin is a citizen of the State of Ridgeway and resident of Ridgeway County. 4. Defendant Ridgeway County Fire Department receives state-sponsored assistance and funding from the State government. As such, it is defined as a “secondary agency” under the meaning of 2 R. Stat. § 3202. As a secondary agency, the Department and its sub-branches are liable for injuries incurred in the hiring process as a direct and proximate result of its policies and procedures. FACTUAL ALLEGATIONS 5. On or about March 2, 2024, Plaintiff applied for employment to the Ridgeway County Fire Department. 6. The Department sets out several requirements for applicants to satisfy for employment, including but not limited to: a. Possession of Ridgeway Residency; b. No felony records or present expungement proceedings; c. Mandated 2-Factor Authorization; d. Primary account with an age of 13 or older; and e. Discord account with an age of 150 days or older in required servers. Department Handbook, Policy 500-3, Title V. 7. The Department denied Plaintiff’s application for failure to meet these non-subjective criteria. 8. Gavin is a citizen of Ridgeway and has been for several years. 9. Gavin also serves as a law enforcement officer with a flawless record of command positions. 10. Gavin’s ROBLOX and Discord accounts exceed the mandatory minimum account age imposed by the Department. 11. The Department lacks power to deny applications during background checks if the applicant satisfies the necessary requirements. 12. The Department overstepped the bounds of its authority when it denied Plaintiff’s application despite satisfying the bottom-line requirements.1 13. The denial of Plaintiff’s application prevents him from advancing his career in the future and is inherently injurious under state law. CAUSE OF ACTION FIRST CAUSE OF ACTION (Unfair Hiring Practices) 14. Plaintiff incorporates the allegations within all prior paragraphs of this Complaint as if they were fully set forth herein. 15. 2 R. Stat. § 3240 provides a cause of action when agencies engage in “prejudicial or unfair hiring practices.” 16. Under that same section, state law outlines an “objective criteria” for determining whether or not someone passes a background check. Id. at § 3233. 1 Plaintiff also satisfies the state-mandated background check requirements at 2 R. Stat. § 3235. 17. Plaintiff satisfies each of the prongs of this background check. 18. Plaintiff also satisfies all eligibility requirements set forth by the Department. Despite meeting these requirements, the Department denied his application. WHEREFORE, Plaintiff prays for relief. SECOND CAUSE OF ACTION (Impediation of Privileges) 19. Plaintiff incorporates the allegations within all prior paragraphs of this Complaint as if they were fully set forth herein. 20. Plaintiff has a statutory privilege and right to be free from unfair hiring practices. 21. Plaintiff easily satisfies all background checks and departmental requirements. Furthermore, Plaintiff also passes the “objective criteria” set by state law. As such, the Department and Recruitment Board deprived Plaintiff of his rights by denying his application on grounds of an adverse background check. WHEREFORE, Plaintiff prays for relief. PRAYER FOR RELIEF WHEREFORE, Plaintiff demands judgment against Defendants, awarding Plaintiff the following damages: a. An order directing the Department to conform to state laws governing the legality of hiring practices; b. An injunction against Defendants from making considerations in background checks that are arbitrary and contrary to state law; c. Declaratory relief that the denial of the Plaintiff’s application was contrary to state law and a transgression of his legal rights; d. Declaratory relief that the procedure used by the Department was unlawful and, within the meaning of state law, prejudicial; e. Award the Plaintiff of attorneys’ fees and costs; and f. Such other and further relief deemed appropriate by the Court to fully effectuate its judgment against Defendants. Dated: March 5, 2024 Palmer, Ridgeway. Respectfully Submitted. /s/ S. Stickza Stickza, Esq. Counsel of Record Cohn, Cicero, & Goodrich LLC Suite 1B, Palmer Suites Palmer, RW 27841 (111) 222-3333 [email protected] Attorney for Plaintiff

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