Archives for April 2015

April 28, 2015 By

Court Bailiff Sues City for Failing to Accommodate a Shoulder Injury that Allegedly Prevented Him from Firearm Qualification

By Erica Shelley Nelson and Brennen Johnson

disability issuesIn Michael v. City of Troy Police Dep’t, a U.S. District Court dismissed a lawsuit for disability discrimination brought by a former police officer against the City of Troy, Michigan. In his lawsuit, the Officer claimed that the police department wrongly believed he was disabled and then placed him on unpaid leave based on that belief. He also claimed that the City failed to provide any reasonable accommodations for what it perceived to be a disability before placing him on leave. The Court determined that the lawsuit should be dismissed because the Officer was not entitled to a reasonable accommodation and, even if he was, the City had legitimate reasons for denying those accommodations to the Officer.

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Filed Under: Disability Discrimination
April 28, 2015 By

Random Drug Testing Procedures Did Not Violate New York Correctional Officer’s Privacy Rights

By Erica Shelley Nelson and Brennen Johnson

urine sampleIn Allen v. Schiff, a U.S. Court of Appeals determined that a random drug testing procedure did not violate a New York correctional officer’s Fourth Amendment rights. The former correctional officer sued Sullivan County, New York, claiming that the County violated her privacy rights when it required her to perform a random, intrusive urine test for drugs. The Court found that the random testing did not violate the officer’s Constitutional rights because the corrections officer had a substantially diminished expectation of privacy, the drug test “was intrusive but not inappropriately so,” and the County had a compelling interest in effecting the test.

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Filed Under: Privacy Rights
April 22, 2015 By

Former New York Correctional Officer Can Bring Disability Discrimination Claim to Trial

By Reba Weiss and Brennen Johnson

Disability-Discrimination-120x120In Sherman v. County of Suffolk, a U.S. District Court determined that a former correctional officer presented legitimate allegations that the County of Suffolk, New York, discriminated against him based on his disability. In his lawsuit, the former officer alleged that the County discriminated against him based on a leg injury he sustained during training as a recruit. The County then filed a motion for summary judgment, arguing that there was no evidence to prove that discrimination was the reason that the former officer lost his job. Although the County convinced the Court that no medical evidence could support an inference that the Officer actually suffered from a disability, the Court concluded that reliable evidence suggested that the County still perceived him as disabled and fired him because of that perception.

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Filed Under: Disability Discrimination
April 16, 2015 By

Idaho Department of Corrections Found Not Liable for Sexual Assault Occurring Outside the Workplace

Erica Shelley Nelson and Brennen Johnson

factsIn Fuller v. Idaho Department of Corrections, a U.S. District Court granted summary judgment in favor of the Idaho Department of Corrections (IDOC), finding that it did not violate the rights of a former corrections officer. The female officer sued the IDOC, alleging sexual harassment and discrimination. Although the officer was assaulted and raped by a coworker, the IDOC was not liable when the assaults arose from the employees’ relationship outside the workplace and, upon learning of the incidents, the IDOC immediately began investigating the coworker, barred him from the premises, and ultimately recommended his termination.

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Filed Under: Gender/Pregnancy Discrimination
April 16, 2015 By

Police Officer Makes Plausible Claim That City Retaliated After He Won A Reverse Discrimination Case

By Erica Shelley Nelson and Brennen Johnson

corrupt mayorIn Smith v. City of Inkster, a U.S. District Court determined that a police officer stated a plausible claim against the City of Inkster, Michigan, and its Mayor and allowed the lawsuit to proceed to trial. In his lawsuit, the Officer claimed that the City retaliated against him by denying his application for disability benefits after he filed a lawsuit. After the City moved for a judgment against the Officer’s lawsuit before trial, the Court determined that the Officer had presented direct evidence supporting his claims and that he deserved to present his case at trial.

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Filed Under: Free Speech Rights, Race Discrimination