May 9, 2014
By Anthony Rice
In City of Memphis v. Lesley, the court held that failing to provide an officer with a statement of charges against her, violated her due process right where her probationary period was over, despite having been out of the academy for less than a year.
Filed Under: Discipline
May 2, 2014
By Jordan Jones
In City of Toledo, the arbitrator sustained an Ohio firefighter’s grievance for being denied use of 24 hours of compensatory time off, after reviewing the Collective Bargaining Agreement language.
Filed Under: Arbitration Rulings, Discipline
May 2, 2014
By Emily Nelson
Ruby Maes, a former corrections officer at the City of Española Detention Facility, sued the City and the Detention Facility’s Director for disability discrimination, alleging that it refused to provide a reasonable accommodation for her disability, responding to her request telling her that her health issues were “your problem.” The City filed a motion for summary judgment, arguing that Maes’s medical conditions (depression, severe insomnia, and migraines) did not qualify as a “disability” because the inability to sleep does not “substantially limit a major life activity,” under the ADA. The federal district court of New Mexico disagreed with the City, finding, among other things, that such conditions do qualify as a disability, and allowed Maes to proceed with her discrimination claims.
Filed Under: Disability Discrimination, Discrimination, Legal Rights
April 4, 2014
By Emily Nelson
Susan Graziosi, a sergeant of the Greenville Mississippi Police Department, alleged she was fired in retaliation for posting criticisms of her police Chief Freddie Cannon on Facebook The federal district court dismissed her free speech claim in Graziosi v. City of Greenville, finding that the Chief was justified in firing her in order to minimize disruption in the department.
Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
March 28, 2014
By Emily Nelson
In Rebello v. City of New Bedford, a federal district court granted summary judgment to the City on a Uniformed Services Employment and Reemployment Rights Act (USERRA) claim, after Paramedic Joseph J. Rebello failed to establish that his reserve service was the proximate cause of his discharge when he was laid off during a city-wide staffing reduction.
Filed Under: Discrimination, USERRA
March 21, 2014
By Oliver Enquist
In Ellis v. Houston, the Eighth Circuit Court of Appeals ruled in favor of five African American corrections officers who brought claims against five of their supervisors for race based harassment and retaliation. The appellate court ruled that the officers’ claims stated a cause of action and reversed a district court ruling that had dismissed all the allegations.
Filed Under: Discrimination, Legal Rights, Race Discrimination
March 14, 2014
By Anthony Rice
In City of Chicago Police Dep’t,, 132 LA 641 (Bierig 2012), the arbitrator found the parties’ intent defined an ambiguous word being used by the City to deny an officer’s widow her life insurance.
Filed Under: Arbitration Rulings, Discipline
March 7, 2014
By Anthony Rice
In Bozzo v. City of Gilroy, a California Federal District Court ruled that a reduction in pay in exchange for “furlough time,” does not entitle City of Gilroy Fire Chiefs’ to overtime under the FLSA. The court rejected the Chief’s argument that the City’s furlough plan violated the “salary basis” test of the FLSA causing the positions to lose their exempt status.
Filed Under: FLSA
March 7, 2014
By Anthony Rice
In the City of Chicago, the arbitrator denied the grievance alleging a CBA violation for the City’s decision not to staff a Patrol Officer on a holiday, despite having done so in the past.
Filed Under: Arbitration Rulings, Discipline
February 21, 2014
By Emily Nelson
In Mariano v. Borough of Dickson City, a Pennsylvania Federal District Court held that the City was not entitled to dismissal of a terminated police officer’s claim that his right to due process was violated when he was fired shortly after filing grievances.
