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Ex-CUC staff files 3rd amended discrimination lawsuit
A former Commonwealth Utilities Corp. employee whose discrimination lawsuit against CUC had been twice thrown out in federal court has filed a third amended complaint.
In his new lawsuit filed last week, Carlton Stevens named as defendants CUC and its officials—executive director Alan W. Fletcher, human resources director Francisco Cepeda, wastewater manager Richard Wasser, and wastewater and wastewater manager Paul Raczkowski.
Stevens, through counsel Pamela Brown-Blackburn, is suing the defendants in the U.S. District Court for the NMI for racial discrimination with respect to privileges of employment and retaliation.
Stevens is demanding unspecified amount of damages, court costs, and attorney’s fees.
Stevens wants the court to declare that CUC’s discriminatory employment practices are in violation of Title VII (discrimination).
Stevens, an African-American, is suing CUC and its four officials for allegedly not renewing his contract as direct responsible charge operator in CUC’s wastewater division, providing him a used and inoperable computer, and not providing him an office space, among other complaints.
Last Feb. 4, U.S. District Court for the NMI Chief Judge Ramona V. Manglona dismissed Stevens’ second amended discrimination lawsuit, but gave him a final chance to amend his complaint a third time.
Manglona granted CUC’s motion to dismiss Stevens’ second amended complaint for failure to adequately plead compliance with the statutory preconditions to bring a Title VII of the Civil Rights Act claim (discrimination).
Stevens was given seven days from the date of the order to file a third amended complaint, or the case will be dismissed with prejudice, meaning it can’t be re-opened anymore.
Last December, Manglona dismissed Stevens’ claims against CUC, Fletcher, Cepeda, Wasser, and Raczkowski, for lack of subject matter jurisdiction.
Manglona dismissed with prejudice all of Stevens’ claims against Fletcher, Cepeda, Wasser, and Raczkowski, and dismissed without prejudice his complaint against CUC.
Stevens subsequently filed the second amended complaint.
