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STATE OF NORTH CAROLINA _ FILE NO.

I tkJ5 1537
MECKLENBURG COUNTY
£D In The General Court of Justice
7018 APR 12 P 2: Ob Superior Court Division

Tigress McDaniel and cc


Asa Renee' Bakari McDaniel } LY
Plaintiff }

VERSUS } COMPLAINT

Charlotte-Mecklenburg Board }

of Education, Patricia Falk, }

Susan Holloway, Matthew Slota,


Trayfer Monroe,
Shauntra Franklin, Leesa Cardy,
Susan Nichols, Taralynn
Sullivan, The Charlotte Observer
Publishing Company, F. Lane
Williamson, and
John and Jane Does 1 - 30,
Defendants

NOW COMES, Plaintiff, Pro Se, Tigress Sydney Acute McDaniel, and on behalf of her minor
child, Asa Renee' Bakari Tiger McDaniel (hereinafter "Son"), as his sole natural and general
guardian pursuant to the definition set forth in North Carolina General Statutes, having initiated a
former complaint and having reasonable knowledge and evidenced from the hearing held on
April 10, 2018, over which Judge Lisa Bell presided and notably exhibited judicial misconduct
that far exceeds the threshold for reasonable appearance of bias and conspiracy to carry out
malicious denial of natural justice for Plaintiffs with particularity but not limited to procedural
amendment of her former complaint and proper assignment of other Defendants added to the
complaint under necessary joinder pursuant to NC GS § lA-i, Rule 19, and the elements of NC
GS §1-164, and all other applicable North Carolina law, to exercise due diligence to preserve her
claims for relief and remedy against pettily argued legal loopholes that sorely merit the complete
or even partial dismissal of her complaint against any named Defendant, to submit the following
complaint, hereby asserts, alleges and says:
I.
PARTIES

The Plaintiff, Tigress Sydney Acute McDaniel born December 5, 1976, is a resident of Charlotte,
Mecklenburg County, North Carolina. She is the biological mother, markedly single parent, of
Asa Renee' Bakari Tiger McDaniel, born January 18, 2010, who is enrolled in Charlotte
Mecklenburg Schools (hereinafter "CMS"), and has been since August 2015 when beginning
Kindergarten.
2. The Plaintiff, Asa Renee' Bakari Tiger McDaniel (hereinafter "Son" when necessary to
distinguish between Plaintiffs), is the biological son of Tigress Sydney Acute McDaniel. Son has
been enrolled in Charlotte Mecklenburg Schools since August 2015. Son was first assigned to
Winterfield Elementary. Son was transferred to Idlewild Elementary for medical reasons. Son
was transferred to Lawrence On after being subjected to the torts stated herein. Son was, then,
transferred to Eastover Elementary, where he remains enrolled currently.
3. The Defendants, Charlotte-Mecklenburg Board of Education (hereinafter "CMS"), which is
synonymous with Charlotte Mecklenburg Schools and otherwise operates Charlotte Mecklenburg
Schools are located and operated in Charlotte, Mecklenburg County, North Carolina. At all times
material hereto, the Defendants carried on in its ordinary course of business at 600 East Fourth
Street, Fifth Floor, Charlotte, NC 28202, and at 4421 Stuart Andrew Blvd, Charlotte, NC 28217,
and at 1600 Tyvola Road, Charlotte, NC 28210, and as such, was doing business in Mecklenburg
County, North Carolina.
4. The Defendant, Patricia Falk (hereinafter "Falk"), is currently a teacher at Eastover Elementary
School, a school amongst CMS. Falk was Son's first assigned homeroom teacher at Eastover
Elementary School.
5. The Defendant, Susan Holloway (hereinafter "Holloway"), upon information and belief, is a
resident of Mecklenburg County, Charlotte, NC. Holloway was the "classroom parent" at all
times material hereto.
- 6. The Defendant, Matthew Slota (hereinafter "Slota"), is currently an Assistant Principal at
Idlewild Elementary School, a school amongst CMS. Slota was the Assistant Principal at this
school at all times material hereto. Upon information and belief, Slota is a resident of
Mecklenburg County, Charlotte, NC.
7. The Defendant, Trayfer Monroe (hereinafter "Monroe"), is currently an Assistant Principal at
Idlewild Elementary School, a school amongst CMS. Slota was the Assistant Principal at this
school at all times material hereto. Upon information and belief, Slota is a resident of
Mecklenburg County, Charlotte, NC.
8. The Defendant, Shauntra Franklin (hereinafter "Franklin"), is currently Dean of Students at
Idlewild Elementary School, a school amongst CMS. Franklin was the Dean of Students at this
school at all times material hereto. Upon information and belief, Franklin is a resident of
Mecklenburg County, Charlotte, NC.
• 9. The Defendant, Leesa Clardy (hereinafter "Clardy"), upon information and belief, is a resident of
Mecklenburg County, Charlotte, NC. Holloway was a "classroom parent" or alternatively, a
volunteer parent, at all times material to the incidents at issue.
10. The Defendant, Susan Nichols (hereinafter "Nichols") is the current principal at Eastover
Elementary, and at all times material to the incidents at issue. Upon information and belief, Susan
Nichols is a resident of Mecklenburg County, Charlotte, North Carolina.
* 11. The Defendant, Taralynn Sullivan (hereinafter "Sullivan") is the current Community
Superintendent for Charlotte Mecklenburg Schools, and Charlotte Mecklenburg Board of
Education (hereinafter "CMS"), for the Central Learning Community, and at all times material to
the incident at issue. Sullivan is the CMS administrator and/or representative who assertedly
investigated the incidents at issue.
12. The Defendant, Cynthia Vines (hereinafter "Vines") is the former District Section 504
Compliance Specialist for CMS, at all times material to incidents at issue prior to the transfer of
Son to Eastover Elementary.
13. The Defendant, F. Lane Williamson (hereinafter "Williamson") is by his own admission a
licensed practicing attorney in this State, and currently appearing as counsel for Susan Holloway,
notably prior to Plaintiff initiating her complaint, and markedly thereafter as well, and has been
an attorney in this State at all times material to the incidents at issue.
14. The Defendant, The Charlotte Observer Publishing Company, is an entity incorporated in this
State, and maintains a principal office operating in its regular course of business as a newspaper
and/or publication in the media industry, and has been at all times material to the incidents at
issue.
15. Plaintiff reserves Defendants John and Jane Does 1 through 30 for information discovered during
pre-trial litigation.

Plaintiff hereby clarifies that she proceeds against all parties who are actual natural persons, by
definition set forth in the North Carolina General and all other applicable law, in their individual
capacity as natural persons domiciled or otherwise present in this State and subject to this court
having personal jurisdiction over such persons in full accordance with NC GS § 1-75.4, not
merely in their official capacity as purported and otherwise implied in Answer by J. Melissa
Woods, counsel on behalf of Patricia Falk, Matthew Slota, Trayfer Monroe, Shauntra Franklin,
Susan Nichols and Taralynn Sullivan.

Plaintiff asserts and clarifies for the sole purpose of exercising due diligence as it is directly
related to NC GS 1A-1, Rule 8 (a) and all other applicable North Carolina law, that when
she uses the term "Defendants" throughout this pleading and any subsequent pleadings,
that she is indeed referring to ALL Defendants named in this action. Plaintiff further
asserts that when she uses the individual names of the Defendants, she intends to identify
them with particularity as it relates to the claims set forth herein and in any subsequent
pleadings.

II.

JURISDICTION AND VENUE

16. Plaintiff reiterates that this court is vested with jurisdiction over the Defendants because,
at all times material hereto, it was doing business and maintaining a place of business in
Mecklenburg County, in the city of Charlotte, in the State of North Carolina, in full
accordance with NC GS § 1-75.4, having such jurisdiction to hear tort cases and thereby
qualifying as a claim for which relief in this State.
17. The court is vested with jurisdiction over the Plaintiff because, at all times material
hereto, she was a resident of Mecklenburg County, in the city of Charlotte, in the State of
North Carolina.
18.This court is vested with original jurisdiction because the damages sought by the Plaintiff
are in excess of Twenty-Five Thousand Dollars ($25,000.00 USD).
19.Venue is proper. However, Plaintiff hereby asserts that she is considering change of
venue pursuant to NC GS § 1-84 for reasons expressed at the beginning of this pleading:
§ 1-84. Removal for fair trial.

In all civil actions in the superior and district courts, when it is suggested on oath or
affirmation on behalf of the plaintiff or defendant, that there are probable grounds
to believe that a fair and impartial trial cannot be obtained in the county in which
the action is pending, the judge may order a copy of the record of the action
removed for trial to any adjacent county, if he is of the opinion that a fair trial
cannot be had in said county, after hearing all the testimony offered on either side
by oral evidence or affidavits. (1806, c. 693, s. 12, P.R.; 1879, s. 45; Code, s. 196;
1899, cc. 104, 508; Rev., s. 426; 1917, c. 44; C.S., s. 471; 1957, c. 601; 1969, c. 44, s. 1;
1971, c. 268, s. 2; 1977, c. 12.)

III.
FACTUAL ALLEGATIONS

20.On or about July 20, 2015, Plaintiff enrolled Son into CMS. CMS assigned Son to

Winterfield Elementary School (hereinafter "Winterfield").

21.Son was born premature, and diagnosed with Acid Reflux in his first year and

Eosinophilic Esophagitis in 2015. Son's primary allergies include dairy or cow's milk

protein and tree nuts. For these reasons, on or about July 20, 2015, Plaintiff also

immediately submitted requests an Eligibility Assessment and Initial 504 Plan Meeting to

CMS.

22.On or about August 21, 2015, because Winterfield did not have a full nor part-time

assigned nurse, amongst other impediments to Son's medical and dietary needs, Plaintiff

initiated the transfer request under medical reasons.

23. On or about September 4, 2015, Plaintiff's transfer request was approved under medical

reasons, and Son was reassigned to Idlewild Elementary School (hereinafter "Idlewild").
24. Between September 4 and October 6, 2015, Plaintiff was called by Idlewild on

innumerable occasions to return to the school because Son had either had an accident

related to his esophageal stricture, or under a purporting of bad behavior. After further

inquiry on each occasion, Plaintiff discovered that the Idlewild administrators and

teachers appeared to be taunting Son about his eating impairments, even accusing Son

and Plaintiff of fabricating the severity of his condition.

25. On one of these occasions detailed in paragraph 10, Son's teacher, (hereinafter "Jane 1"

until discovery) claimed that he verbally threatened to kill her. Slota, Monroe, Franklin

and Idlewild Principal, Larenda Denien (hereinafter "Denien") informed Plaintiff by

telephone that Son was being immediately suspended from school for 3 calendar days as

a form of punitive action. Plaintiff immediately asserted her Son's legal rights against

such suspension without a proper hearing on the issues of the allegation, and with full

knowledge and confidence that her Son hadn't done as accused, and upon information

and belief that such accusation was merely a convenient attempt at retaliation against

asserting her Son's rights under federal and state laws, including but not limited to 504

Section 29 U.S.C. § 794. Plaintiff has since repeatedly submitted formal inquiry

regarding the "referral" in her Son's comprehensive record. Defendants have failed to

provide any information regarding the unlawful referral in his comprehensive record, or

alternatively have failed to sufficiently and properly investigate this matter and respond

to Plaintiff's lawful inquiry and provide proper resolution, remedy and relief for such

erroneous referral that can inarguably result in irreparable harm to Son during his

academic matriculation.
26. On October 7, 2015, Idlewild called Plaintiff once again advising her to return to the

school, purporting that Son's behavior necessitated a "referral" and out of school

suspension. After further inquiry, Slota asked to speak with Plaintiff and advised her that

he "had to force" Son to eat because he was eating too slowly. Slota further stated that he

was sure Son "was testing him and that he needed only toughness [tough love] to break

his poor eating habits."

27. Immeasurably appalled, Plaintiff immediately sought to escalate her inquiry and demand

investigation into Slota's conduct with Son. While awaiting opportunity to speak with

Larenda Denien (hereinafter "Denien"), Monroe and Franklin elaborated upon their

experience(s) with Son, and several inadvertently admitted to use "force" to get Son to

eat, and moreover, finish eating "in a timely manner." Plaintiff was appalled by their

remarks.

28. Plaintiff contacted the Charlotte-Mecklenburg Schools Police (hereinafter "CMS Police")

to file a report for child abuse.

29. On or about October 26, 2015, Angelia Bradshaw Cathcart (hereinafter "Cathcart"), a

detective with CMS Police interviewed Son.

30. On or about November 6, 2015, having received no response at all from Cathcart nor

Sarah Crowder, said Attorney for CMS, nor from any CMS administrator, articulating

findings from the investigation into the incident, nor proposing any form of relief or

resolve, Plaintiff submitted a formal demand for transfer of Son under unresolved

incidents of noncompliance with Son's rights.

31. On November 9, 2015, when Plaintiff picked up Son from Idlewild, Son was visibly

flushed and lethargic. Son regurgitated violently for several minutes. Plaintiff reported
this incident to CMS and Idlewild, and received no explanation regarding his sickness

immediate after being dismissed from school that day.

32.Plaintiff informed CMS that Son had surgery scheduled for November 13, 2015. CMS

staff, completely dismissive or alternatively negligent, sent Plaintiff a letter "inviting" her

to the 504 Eligibility Review Meeting she requested. The meeting was rescheduled for

November 19, 2015.

33. On or about November 19, 2015, despite repeated inquiry and markedly repeated

incidents through which Son was subjected to unmitigated abuse, negligence, bullying,

and harassment, both physical and emotional, rooted in unfounded denial of Son's

medical history and condition despite Plaintiff providing full disclosure of Son's medical

records, the first 504 Section Meeting for Son was finally held. The meeting entailed two

primary tasks, Eligibility Review and Development of Initial 504 Accommodations Plan.

During this meeting, Son's eligibility for 504 Accommodations was affirmed by CMS

and an initial 504 Accommodations Plan was developed.

34. On or about November 19, 2015, Son was transferred to Lawrence Orr Elementary

(hereinafter "Lawrence Orr").

35. On or about December 2, 2015, Plaintiff requested:

1. Proper reconciliation of Asa 's attendance records at Idle wild and in toto for this
academic year;
2. Full disclosure of any action or formal record of said referral to Sarah Crowder;
3. And formal apology fro,n idle wild.

To date, no Defendants have responded to Plaintiff's request.


36. On or about March 9, 2016, after nearly 5 months after her unanswered, repeated and

incrementally escalated inquiries, Cathcart sent Plaintiff an email claiming:

Ms.McManiel,

I don't have in' case file in front of me but Pin sure I closed my case file out by attempting

to call you and email you with a response from the Asst District Attorney Office. Based

on the information collected, there was insufficient evidence to show that your son was

assaulted. I came to interview your son with you present and asked him several times as

to what took place. Your son repeatedly stated, "he broke my heart and it can't be fixed."

I asked your son did Mr. Sow grab him or hurt him in any way? Your son stated again

that "he hurt my feelings and broke my heart. "Ms. MsDaniel I clearly understand from a

child's perspective that he is truly hurt; however, after presenting this case to the ADA it

was no evidence to corroborate the allegation.

Sent front my iPhone

37. To date, the CMS has failed to conduct a proper investigation into the injuries sustained

by Son as a direct result from the torts at the hand of Slota, Franklin and Monroe. Upon

information and belief, there are other unknown administrators and teachers who also

inflicted injury, albeit physical or emotional/psychological upon Son at Idlewild

Elementary School, and otherwise, conspired to conceal or not report the tortuous

conduct of administrators and teachers who inflicted injury upon Son.


38. Upon information and belief, Slota, Franklin, and Monroe unlawfully physically

assaulted Son and alternatively intimidated, harassed and verbally threatened Son on an

indefinite number of occurrences while Son was enrolled at Idlewild Elementary School.

39. On or about September 19, 2016, Son's 504 Annual Review Meeting was held for the

2016-2017 Academic Year.

40. Between September 19 and November 28, 2016, regarding Son's 504 Plan, there were

additional incidents of either noncompliance or negligence. Plaintiff requested a 504

Review Meeting to address the incidents of noncompliance or negligence, and to provide

more literature regarding Eosinophilic Esophagitis, and recent medical records with

diagrams to provide the Lawrence Orr staff with greater insight into Son's condition.

Plaintiff informed CMS and Lawrence Orr that Son's doctor had discovered additional

allergies, including but not limited to tree nuts.

41. On December 5, 2016, during the 504 Review Meeting, Cynthia Vines, 504 Coordinator

for CMS, and Kimberly Vaught, principal at Lawrence Orr advised Plaintiff that they

could not accommodate Son's needs, and suggested a school transfer. Scott McCully

(hereinafter "McCully") asked Plaintiff to reconsider the transfer request until, at least,

after participating in the 504 Review Meeting aforementioned.

42. The circumstances of unlawful retaliation, overwhelming willful noncompliance of Son's

504 Plan, and a completely nonproductive 504 Review Meeting, Plaintiff then informed

McCully that she thought it was best to proceed with the transfer.

43. On December 6, 2016, McCully advised Plaintiff that Eastover Elementary was available

and further recommended that she strongly consider that school. Plaintiff visited the

school as directed by Scully, and upon arrival was confronted by Nichols who purported
that she was lying about being referred to Eastover by McCully, and further threatened

her "with police arrest if she didn't leave or if she returned without authorization."

Nichols also exclaimed to Plaintiff that "she was the sole authority who would decide if

he [Son] could enroll at Eastover." To date, even after Son's enrollment, Nichols have

not prepared and submitted any apology to Plaintiffs.

44. Because McCully had become evasive to Plaintiff's inquiry about the transfer to

Eastover, and under duress and significant emotional distress, Plaintiff initiated an

administrative complaint with the United States Department of Agriculture Civils Rights

Division to seek intercessory relief and the enforcement of Son's 504 Section rights.

45. From December 6, 2016 to April 27, 2017, CMS, with specificity to McCully, Ann Clark

(hereinafter "Clark"), former Superintendent for CMS, and Susan Nichols (hereinafter

"Nichols"), current Principal for Eastover Elementary (hereinafter "Eastover"), delayed,

impeded or otherwise refused Son's transfer. During this time, because the risks of

noncompliance of Son's 504 Plan were imminent at Lawrence Orr, Plaintiff was forced to

effectually home school Son until his transfer was approved and processed.

46. On or about December 5, 2016, Plaintiff initiated an administrative complaint for

violation of Son's 504 Plan through the United States Department of Agriculture Civil

Rights Division (hereinafter "USDA") against CMS and Defendants who were or are

employees of CMS.

47. On or about April 18, 2017, the Resolution agreement was entered by the USDA to

which CMS agreed to fully comply, which markedly included the full compliance of any

teachers, administrators, parent volunteers, class parents or any other parties who would

come into contact with Son during any given school day.
48. On or about May 30, 2017, upon the agreement of CMS to fully comply with Son's 504

Plan and rights, without further contest, and markedly, at the close of the 2016-2017

Academic Year, Son's transfer was approved and processed, and he was enrolled and

resumed attendance on June 5, 2017, markedly, for the last week of school before the

summer break.

49. On or about June 5, 2017, a 504 Review Meeting was held at Eastover.

50. On or about May 30, 2017, Plaintiff was introduced to Holloway by Son. Son had

become instant friends with Holloway's Son, said "JB," and Son wanted them to meet to

plan play dates. Plaintiff and Holloway maintained cordial interaction during the period

spanning May 30, 2017 and October 16, 2017. In fact, Plaintiff and Holloway would

often engage friendly conversation each afternoon when picking up children from school,

and had discussed plans for play dates on several occasions during this period. Plaintiff

informed Holloway about Son's food allergies when they discussed the reason for his

transfer, because Holloway noticed that Son began attending Eastover Elementary at the

end of the school year. Holloway was and is sufficiently informed that Son has life-

threatening food allergies. Holloway asserted herself as a longtime parent volunteer or

"class parent" for Eastover Elementary School.

51. On or about August 25, 2017, a 504 Review Meeting was held at Eastover for the 2017-

2018 Academic Year. Plaintiff was introduced to Falk as Son's assigned homeroom

teacher. Falk remained and participated during the entire 504 Review Meeting. Falk was

and is sufficiently informed about Son's life threatening food allergies, surgeries and

medical and school history.


52. Falk is sufficiently informed that Son has been subjected to discrimination, harassment,

peer bullying and that from fiduciaries, noncompliance with his 504 Plan, and unlawful

impediment to consistent enrollment in school since he enrolled in Kindergarten in 2015.

Falk is sufficiently informed about Son's 504 Plan and Individualized Emergency Plan

(hereinafter "IEP"). Falk is sufficiently informed that Son's reaction to food allergies

does not necessarily result in physical symptoms such as hives as consistent with general

food allergies. Falk is sufficiently informed that Son undergoes frequent surgeries to

dilate the opening of Son's stomach to allow for the passing of food for his nutritional

health. Falk is sufficiently informed that outside snacks are disallowed in Son's

classroom pursuant to 504 Plan. Falk is sufficiently informed that if Son consumed food

products with dairy, eggs, shellfish, tree nuts, the opening of Son's stomach becomes

inflamed and swells effectually closing the opening to his stomach, resulting in food

impeded from passing for digestion and Son experiencing chronic and violent vomiting.

53. Defendants are sufficiently informed of ALL set forth in paragraph 50. Defendants

understand or are otherwise sufficiently aware that they are enjoined to fully comply with

Son's 504 Plan and IEP. Defendants understand or are otherwise sufficiently aware that

both state and federal law enjoin CMS, staff, teacher, parent volunteer, class parent, CMS

police compliance with Son's 504 Plan and IEP. Defendants understand or are otherwise

sufficiently aware that failing to comply or negligent noncompliance can result in Son's

death and/or complications with his medical condition, increased frequency of surgeries

to remedy and relieve Son from complications, increased medical expenses for Plaintiff,

increased absences from school for Son, increased absences from work for Plaintiff and

emotional pain and suffering.


54. Plaintiff has never met Clardy.

55. On October 16, 2017, Son brought home M&Ms in his storage containers provided by

Plaintiff. Son was excited to inform Plaintiff that he could now eat M&Ms "because they

were dairy-free." Plaintiff was appalled. Son explained further that "it was okay because"

Susan Holloway, who he calls "Ms. Holloway" after becoming friends with her son "JB,"

gave them to him.

56. On October 16, 2017, Leesa Clardy, upon information and belief, and now by her own admission

in a statement on record in state court, and Holloway were both present during the class party as a

class parent volunteers, and brought M&Ms, gave M&Ms, or otherwise allowed access to such

M&Ms for Son's consumption, and even persuaded Son to consume M&Ms against his own

asserted concerns of milk being an ingredient, to which they together or otherwise separately

communicated to Son that M&Ms were dairy-free, knowingly or alternatively negligently

beguiling Son about the milk content of the M&Ms. To reiterate, milk is the primary allergen for

Son's condition. Upon discovery of such allergen by Son's gastroenterologist, dairy was excluded

from his diet. This dietary change was made in 2016. All Defendants were sufficiently informed

of Son's condition, food allergies and current 504 Plan.

57. On October 16, 2017, Holloway, Falk, and Clardy gave M&Ms that contain dairy, Son's

primary food allergen, to Son, which he did consume and suffer an allergic reaction and

complications with his medical condition which directly resulted in an immediate

increase in the frequency of surgeries Son has had to undergo since the latter part of

2017. Son has had to now undergo monthly surgeries to dilate the opening of his stomach

to effectually stay ahead of any possible occurrences of noncompliance with Son's 504

Plan at school.
58. Since receiving the diagnosis for Son's EoE, Plaintiff, although having no such known

food allergies and having been tested for the same, has drastically altered her diet to be

consistent with Son's diet to give him a sense of normality and solidarity. Accordingly,

Son has no access to food allergens at home. Son does not attend any after school

programs, since experiencing complications resulting from noncompliance with his 504

Plan at Lawrence On Elementary School. Son does not have a babysitter. Plaintiff

generally keeps Son with her at all times when he is not at school.

59. Plaintiff immediately contacted Eastover and Nichols to demand an investigation into the

incident. The investigation has not yet been carried out properly. CMS has confirmed,

however, that Falk gave the M&Ms to Son, and further that Holloway and Clardy were

present as parent volunteers at all times material to this incident. Clardy, by her own

admission, has voluntarily asserted that she was present in the classroom during the

incident on October 16, 2017. No further explanation has been provided. Such

dismissiveness reflects a blatant, uncontrite disregard for Son's rights, and moreover, the

rights for Plaintiff as his mother. The repeated torts are sufficient cause for this civil

complaint.

60. On March 20, 2018, Ann Doss Helms (hereinafter "Helms") left a voicemail message for

Plaintiff at her campaign telephone number asking that she call her to discuss the civil

complaint and expressing the oddity of the complaint naming "two parent volunteers as

Defendants." Plaintiff immediately suspected that helms had ill and malicious intentions,

mainly because she has been publicized as the "whistleblower" politician and generally

depicted in a negative way by the media as standing firm against corrupt legal, judicial,

and state and municipal government officials, and even corrupt police officers. Plaintiff,
in an effort of due diligence and transparency to protect her reputation, she addressed and

otherwise responded to Helms and The Charlotte Observer Publishing Company

(hereinafter "Observer") using the Twitter platform advising firmly that she had not sued

"as a candidate" and further that she was not willing to discuss the complaint with the

media. Plaintiff has also warned or otherwise inferred with a hashtag that Helms need

cease and desist any attempt or perfected libel or slander.

61. On March 30, 2018, Helms and Observer published an article that contained statements

that exceed or otherwise meet the threshold for libel, slander, defamation, albeit direct

and general or per Se. The article highlighted statements made by CMS and Clardy

directly to Helms and Observer, which Helms designated with quotes. Clardy made

knowingly false statements about Plaintiff to expose her to public hatred, contempt and

ridicule, and to ultimately damage her reputation. Helms and Observer published the

article with knowingly maliciously falsified statements and information to expose

Plaintiff to public contempt, hatred, ridicule, and ultimately to damage Plaintiff's

reputation as a viable candidate for Charlotte Mecklenburg County Commissioner At

large, and moreover as a rationale mind, competent pro se litigant and fit parent. In fact,

one particular statement made by Clardy is immeasurably alarming about the suspicion of

criminal intent:

Clardy says her son was in the same class as McDaniel 's son but she did not know the

child. She says she encountered McDaniel in October when Clardy came to the class to

get students to sign a card for a sick teacher. McDaniel asked Clardy 's name, and Clardy

says she thought no more about it until she received legal papers adding her to the
lawsuit. That motion, filed Feb. 6, says only that Clardy was a classroom parent "at all

times material hereto."

Plaintiff reasserts that she has never met Clardy. Plaintiff reasserts that she was NOT

present at Eastover Elementary School during the class party incident at issue. Plaintiff

asserts that all Defendants, including Clardy, are fully aware that Plaintiff was not present

at Eastover Elementary School during this incident. The article and Clardy's statements

are prima facie evidence of defamation, libel, and slander, and assertedly criminal intent

beyond civil liability to expose Plaintiff and her Son to public hatred, contempt, and

ridicule, and ultimately damage her reputation as a viable candidate for Charlotte

Mecklenburg County Commissioner At large, and moreover as a rationale mind,

competent pro se litigant and fit parent.

62. Furthermore, since October 16, 2017, F. Lane Williamson (hereinafter "Williamson"),

has knowingly maliciously and wantonly communicated threats and personal attacks

upon Plaintiff threatening to expose her to contempt, hatred, ridicule by the court and

damage her reputation as a competent pro se litigant, and moreover, attempted or

wantonly conspired to use statements and information promulgated in this article to

expose Plaintiff to contempt, hatred and ridicule of/by the court and general public.

Williamson has attempted or wantonly conspired to use the statements and information

promulgated in this article together with information he has knowingly misrepresented to

defraud the court to enter a gatekeeper order against Plaintiff which would deny her

rights to natural justice and that for her Son.


63. On or about April 9, 2018, Plaintiff became aware of the article, and immediately

submitted a Cease and Desist Demand to Observer and other Defendants in full

accordance with NC GS § 14-47 and all other applicable North Carolina law.

64. As of April 12, 2018, Helms nor Observer nor any other Defendants have complied with

retraction, apology or any other guidelines for relief and remedy set forth in NC US § 14-

47.

65. Instead, on April 10, 2018, evidently immediately following the conclusion of the hearing

held on April 10, 2018 regarding the case preceding this action, Helms and Observer

published another separate article promulgating additional libelous, defamatory, and

slanderous statements and information, and knowingly and maliciously so. The second,

markedly repeat offense sorely ever qualifies as negligent or mistaken. Defendants, all

Defendants, are knowingly engaging the attempt and conspiracy to expose Plaintiff and

her Son to public contempt, hatred, and ridicule and, moreover, that by the court to

damage Plaintiff's reputation as a viable candidate for Charlotte Mecklenburg County

Commissioner At large, and moreover as a rationale mind, competent pro se litigant and

fit parent.

66. Upon such information and prima facie evidence and belief, Defendants will not cease

and desist. Even more so, Defendants have shown absolutely no contrite disposition

throughout this entire ordeal, back as far as Son's initial enrollment into CMS in August

of 2015.
IV.
FIRST CAUSE OF ACTION
(Personal Injury - Negligence Per Se and Alternatively, Willful,
Wanton Negligence - And Other Torts)

67. Plaintiff reasserts and realleges all set forth in paragraphs 1 through 34.

68. The Defendants are sufficiently informed about the severity of Son's allergies, 504 Plan,

504 Section Federal Statutes that govern and enjoin full compliance.

69. Despite having full disclosure of Son's medical records and full cooperation of Plaintiff,

Defendants have negligently subjected Son and Plaintiff to injuries, and alternatively,

willful, wanton negligence. Injuries include:

a. Corrective Dilatation of Son's Esophageal Stricture versus Progressive Dilatation;

b. Emotional Distress;

c. And Psychological Trauma and Anxiety.

go
SECOND CAUSE OF ACTION
(Bullying, Intimidating, Harassment, Retaliation and Other Misconduct and Willful or
Alternatively Negligent Violation of Charlotte Mecklenburg Board of Education Policy and
Standard of Conduct for Employees and Parent Volunteers as set forth in NC GS § 1 15C, and §
1 15C-308. Rules For Teacher's Conduct, Which Empowers or Otherwise Allows Such Policy To
Be Enforced by The Charlotte Mecklenburg Schools Board of Education)

70. Plaintiff reasserts and realleges all set forth in paragraphs 1 through 37.

71. Defendants have negligently and alternatively willfully and maliciously repeatedly

subjected Plaintiff and Son to bullying, intimidation, retaliation and other egregious,

concerted acts of misconduct in direct, knowing violation of policy set forth by the

Charlotte Mecklenburg Board of Education Policy, and Standard of Conduct for

Employees (hereinafter "Policy"), or otherwise negligently so, and specifically violated


or otherwise tolerated the violation of the following set forth in the Policy, a contract per

se and prima facie:

a. JBA Harassment of Students by Employees;

b. JCA Student Assignment Plan;

c. JFAC reassignment and Transfer of Students;

d. JICK Bullying;

e. JK Student Discipline;

f. JKD Suspension, Exclusion and Expulsion of Students;

g. JIAA Related Complaints;

h. JL Student Wellness;

i. JLCG Students With Food Allergies;

j. JRA Students Records, and all other standards set forth in policy.

VI.
THIRD CAUSE OF ACTION
(Material, Fundamental, and Anticipatory Breach of Contract, Breach of Covenant,
Negligence Per Se)

72. Plaintiff reasserts and realleges all set forth in paragraphs 1 through 39.

73. Defendants have negligently and alternatively willfully and maliciously repeatedly

violated the express agreement of the 504 Plan, the agreement entered by the USDA Civil

Rights Division, IEP, all qualifying as express legal contracts and any and all contracts

prima facie, related directly to parent volunteers, class parents or otherwise. which

enjoins them under State and Federal law, and the policy and standards of conduct set

forth by the Charlotte Mecklenburg Board of Education;


74. Defendants have breached the contracts, including but limited to the 504 Plan, the

agreement entered by the USDA Civil Rights Division, IEP and covenants implied and/or

explicitly set forth in the Charlotte Mecklenburg Board of Education Policy and

Standards for Employees, and Parent Volunteers, et cetera and all applicable North

Carolina law.

VI.

THIRD CAUSE OF ACTION


(Economic Losses)

75. Plaintiff reasserts and realleges all set forth in paragraphs 1 through 42.

76. The Plaintiff has suffered financial hardship in having been forced to effectually

homeschool Son, while completing her dissertative research, operating her business

consulting firm, and all as a single parent.

77. Plaintiff incurred additional medical expenses to effectually remedy and treat effects

suffered by Son related to his Eosinophilic Esophagitis resulting from the Defendants

knowing and willfully giving him M&Ms under deception or alternatively negligently

giving or otherwise bringing such prohibited food items to the classroom and allowing

him access to the same.

78. Plaintiff lost clients and other business growth opportunities as a result of having stricter

limitations on time she could allot as a direct result from the injuries inflicted by

Defendants herein expounded upon.

79. Son has suffered both emotional and physical pain and suffering throughout this entire

ordeal.

80. Plaintiffs have suffered irreparable harm, emotional and physical pain and suffering.
VII.

FOURTH CAUSE OF ACTION


(Defamation, Libel, and Slander and Alternatively Defamation, Libel, and Slander Per Se
and Attempt or Conspiracy to Carry Out Defamation, Libel and Slander)

81. Defendants have directly communicated, and alternatively indirectly and negligently

communicated information, and otherwise attempted and/or conspired to make statements

about Plaintiffs to local news reporters and other media related entities that are

knowingly, maliciously falsified to expose Plaintiffs to public hatred, contempt, and

ridicule.
VIII.

DAMAGES

82. The Plaintiffs have suffered general and special, incidental and consequential damages
as the direct and proximate result of the acts and omissions of the Defendant, which
damages are in excess of Twenty-Five Thousand Dollars ($25,000.00) and shall be fully
proven at the time of trial. These damages include, but are not limited to,
a. damages for wage loss;
b. medical and medical-related expenses;
c. travel and travel-related expenses;
d. emotional distress and suffering;
e. psychological trauma and anxiety;
f. physical pain;
g. physical injury;
h. and all other ordinary, incidental and consequential damages as would be
anticipated to arise under the circumstances set forth in this complaint.
PRAYER FOR RELIEF WHEREFORE, the Plaintiff prays for the following remedy and relief:
(1) That the Plaintiffs, Tigress Sydney Acute McDaniel and Asa Renee' Bakari Tiger
McDaniel, recover judgment for compensatory damages, as shall be determined to fully
and fairly compensate them for all general, special, incidental and consequential damages
respectively incurred by them as the direct and proximate result of the acts and omissions
of the Defendant, together with interest until satisfied;
(2) That the Plaintiffs recover punitive damages incurred or to be incurred in excess of
twenty-five thousand dollars ($25,000) in full accordance with NC GS § lA-i Rule 8,
General Rules of Pleadings; and
(3) That the Plaintiffs recover his costs from the Defendants and BE MADE WHOLE;
(4) That Defendants issue a public apology to Plaintiffs; and
(5) That the court award such other and further relief as it deems necessary and equitable in
the circumstances.

on

Date: April 12, 2018


Plaintiff, Pro Se
8334 Pineville Matthews Rd #103-147
Charlotte, NC 28226