February 8, 2019

Right of South Carolina Deputy to Free Speech Depends On Whether His Speech Will Be Disruptive

By Loyd Willaford and Clive Pontusson

free speech
In Billioni v. Bryant, the U.S. Court of Appeals found that a trial court had applied an incorrect legal standard to an Officer’s claim that his First Amendment right to free speech had been violated. Billioni was an employee of the York County Detention Center who discussed video footage of the alleged beating of a detainee with the press. When he was fired for doing so, he filed a lawsuit claiming he had a right under the First Amendment to bring this information to the public. This raised complex legal issues, and the U.S. Court of Appeals issued a narrow ruling regarding the test for when a government employee may share confidential information that may be of concern to the public. Billioni’s lawsuit will therefore continue in a lower court.

Filed Under:

February 8, 2019

New York Port Authority Safety Officer Cannot Move Forward with Rehabilitation Act Claim after Injury

By Loyd Willaford and Matt Baker

disability
In Itzhaki v. Port Auth. of N.Y & N.J., a port authority public safety officer claimed that she was discriminated against on the basis of an injury sustained at work. The officer alleged that she would have been promoted to sergeant but for her injury. The Port Authority moved for summary judgement and argued that her injury precluded her from being on the job and therefore that she couldn’t perform the essential functions of the job. The U.S. Federal Court for the Southern District of New York agreed and granted the Port Authority’s motion.

Filed Under:

January 22, 2019

Florida Officer Has an Interest in His Reputation, and a Right to Due Process

By Loyd Willaford and Clive Pontusson

gavel
In Hollant v. City of North Miami, a federal court in Florida ruled that an officer who was fired for alleged misconduct may continue with a lawsuit arguing that his termination violated his constitutional rights. Following an officer-involved shooting, Hollant was falsely accused of falsifying records by another Officer, and later by a City Councilman. Despite the fact that Hollant was not the Officer who shot someone, he was then moved into a pre-disciplinary proceeding. He was not allowed to cross-examine witnesses against him, and he alleged he was not given an opportunity to clear his name. The Court determined that Hollant had brought forward enough facts showing that he was denied due process of law, and that therefore he could sue the City and many of his supervisors.

Filed Under:

January 15, 2019

Federal Court Holds that Indiana State Police Academy Made Reasonable Effort to Accommodate Recruit with Diabetes

By Cynthia McNabb and Clive Pontusson

disability
In Reeder v. Carter, a recruit with the Indiana State Patrol brought suit in federal district court alleging that he had been discriminated against on account of his disability. Dillon Reeder had begun the ISP Recruit Academy and performed well, but was diagnosed with Diabetes and had to be hospitalized. During his treatment, the State Patrol made efforts to accommodate his condition, including special meals and reduced physical activity. However, the Patrol believed that Reeder could not complete the training program. Further, Reeder did not complete all of the coursework as part of the training program while he was in the hospital and when he was released from the hospital but not allowed to perform full-duty physical activities. As a result, Reeder was dismissed from the Academy. He was given the option of attending the Academy the following year, and also given the option of accepting a civilian job with the Patrol as a dispatcher. Reeder refused both offers. He filed a lawsuit under the Americans with Disabilities Act, claiming that the State Patrol had not done enough to accommodate his condition. The court disagreed, and found that the Patrol had done everything required by the law to attempt to accommodate Reeder’s disability. The court therefore dismissed Reeder’s lawsuit.

Filed Under:

January 15, 2019

Washington Supreme Court Upholds Fire Department Captain’s right to send religiously-themed emails

By Loyd Willaford and Matt Baker

free-speech
In Sprague v. Spokane Valley Fire Dep't, a fire department captain was fired for sending emails to his coworkers containing Biblical themes and verses from scripture. The civil service commission upheld the firing as permissible. The fire department captain sued the department in court and appealed to the Washington Supreme Court. The court held that the state agency’s decision against the captain did not bar his lawsuit, and that the captain’s emails were protected by the First Amendment.

Filed Under:

January 15, 2019

Oklahoma Officer’s Lawsuit for Gender Discrimination May Continue

By Loyd Willaford and Clive Pontusson

PASADENA-GENDER-DISCRIMINATION-ATTORNEY
In Webb v. City of Eufaula, a federal court in Oklahoma ruled that a female employee had offered enough facts and evidence to bring her lawsuit for gender discrimination to trial. Candy Webb was the only woman employed as a Police Officer by the City of Eufaula, and was subjected to different standards of training and fitness than other Officers. She was fired by the Police Department and filed a lawsuit.

Filed Under:

January 11, 2019

Last Chance Agreement Violates Oregon Officer’s Right to Free Speech

By Loyd Willaford and Clive Pontusson

free speech
In Barone v. City of Springfield, a Community Service Officer from Oregon sued her Police Department for violating her free speech rights. Despite the fact that Thelma Barone had been hired to handle complaints of racial profiling by the department, she was fired for speaking out about issues of racial discrimination. The federal Court of Appeals ruled that a last chance agreement offered by her employer was too restrictive, because it did not allow her to share information about the Police Department with the general public.

Filed Under: ,

January 11, 2019

Federal Court Rules that City of Chicago did not Fail to Accommodate Psychologically Unfit Paramedic

By Cynthia McNabb and Clive Pontusson

disability
In a case that was decided on summary judgment, the federal court for the Northern District of Illinois ruled that the City of Chicago did not fail to accommodate or discriminate against Plaintiff, a fire paramedic in violation of the Americans with Disability Act (ADA). Specifically, the Court ruled that the Plaintiff, a fire paramedic with chronic Bell’s palsy employed by the City of Chicago, had failed to show that discrimination was the cause of her being sent to three fit-for-duty evaluations and being placed on involuntary leave.

Filed Under:

January 3, 2019

Officer’s Use of Medication Does Not Prove He Is Disabled

By Cynthia McNabb and Clive Pontusson

discrimination
In Jeannot v. Philadelphia Housing Authority, a federal court in Pennsylvania dismissed the lawsuit of a Police Officer who sued his employer under the Americans with Disabilities Act for retaliating against him because he had a disability. The Court dismissed Jeannot’s lawsuit because he did not prove that he had a disability that would qualify for protection under the Americans with Disabilities Act.

Filed Under:

January 3, 2019

Florida Sheriff’s Department May Have Had “Mixed Motive” in Demoting Female Officer

By Loyd Willaford and Clive Pontusson

discrimination
In Montoya v. Morgan, a female employee of a Florida Sheriff’s Department filed a lawsuit for gender discrimination in violation of federal law. Laura Montoya argued that widespread sexism in the Sheriff’s department created a hostile work environment and that she was wrongfully discharged because of gender bias in the Sheriff’s Department. The Court ruled that she had not proven that she suffered from a hostile work environment. However, based on the facts presented, the Court determined that gender discrimination could have been a part of her employer’s decision to fire her. As a result, that component of her lawsuit was allowed to continue.

Filed Under: ,

Blog Search

Blog Categories

Blog Authors

Jim received his B.A. with distinction in Political Science. [More…]

Sam received his B.A in Political Science and M.A in International Political Economy. [More…]

Amy received her B.A. in Integrative Physiology. [More…]