November 15, 2013
By David Worley
In Stokes v. Dallas County Juvenile Dep’t, 20, WH Cases 2d 327 (5th Cir. 2013) the Fifth Circuit Federal Court of Appeals upheld summary judgment on retaliation claims under both Title VII and the FMLA when the plaintiff could indicate no connection between her termination and the activities protected by both those statutes. Further the employer provided substantial evidence supporting the termination of the plaintiff, including numerous instances of poor performance that resulted in discipline. Although the plaintiff could make a prima facie case regarding the FMLA claim (but not the Title VII claim), the court nevertheless found summary judgement was proper when no reasonable person could find that discrimination had occurred.
Filed Under: Discrimination, Gender/Pregnancy Discrimination, Race Discrimination
November 15, 2013
By Anthony Rice
In Peele v. Burch, the 7th Circuit Court of Appeals reversed a district court decision granting summary judgment to the City on a detective’s First Amendment Claim against the Portage Indiana Police Department. The court held that the detective presented sufficient evidence that casts doubt on the defendants’ story and thus creates a triable claim.
Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
November 15, 2013
By Anthony Rice
In Cuyahoga County Sheriff's Office, the arbitrator found there was just cause for firing an off duty police officer who fired warning shots during a domestic dispute with her ex-boyfriend. Arbitrator Joseph D’Eletto rejected the claim of the Ohio Patrolmen’s Benevolent Association that her acquittal in Cleveland municipal court on an unlawful discharge charge barred Department discipline. The Arbitrator also sustained the Department charge that she had been untruthful when she described the precursor to the shots to be a “struggle” where no physical contact had actually occurred.
Filed Under: Arbitration Rulings, Discipline
November 13, 2013
By Mitchel Wilson
In Ellins v. City of Sierra Madre, 35 IER Cases 432 (2013), the Ninth Court of Appeals remanded a case against the City of Sierre Madre for trial because the trial court dismissed it after it incorrectly concluded that Officer John Ellins did not qualify for first amendment protections.
Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
November 13, 2013
By Anthony Rice
Ohio Patrolmen's Benevolent Ass'n v. City of Trenton, the Court of Appeals of Ohio upheld an arbitration award ordering the “involuntary resignation” of a police sergeant. The unusual case led to an unusual remedy which the union then unsuccessfully sought to have set aside in court.
Filed Under: Arbitration Rulings, Discipline
November 13, 2013
By Anthony Rice
In Bonenberger v. St. Louis Metropolitan Police Department, Plaintiff David Bonenberger, who is white, claims that two lieutenants conspired to promote another candidate over him based on her race. On summary judgment, the court viewed the evidence in a light most favorable to Bonenberger and found that a jury could reasonably conclude two lieutenants conspired against him, and therefore concluded the case could go to trial.
Filed Under: Discrimination, Legal Rights, Race Discrimination
November 8, 2013
By Mitchel Wilson
The Federal Third Circuit Court of Appeals in Montone v. City of Jersey City, reversed the District Court and allowed Officer Valerie Montone and male co-plaintiffs to bring political retaliation/first amendment claims to trial when the City froze all promotions to lieutenant despite a lieutenant shortage. The court concluded that a group of male co-plaintiffs eligible for promotion also had valid claims, even though they weren’t the direct target of the alleged misconduct.
Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
November 8, 2013
By Anthony Rice
In City of Marengo, Arbitrator Stanley Kravit found the termination of a police officer to be without just cause when the City improperly ordered the officer to return to work while she was recovering from an injury. Kravit rejected the City’s claim that it was “insubordination” to refuse to return to work once the City’s hired physician found her fit when this finding was against the weight of the evidence that she was, in fact, unable to safely work. Kravitt ruled that the City violated the due process requirement—that all relevant evidence be fairly considered before discharge.
Filed Under: Arbitration Rulings, Discipline
November 6, 2013
By Anthony Rice
In Salvato v. Smith, the court denied the City’s motion to dismiss a female police officer’s harassment claim. The court found the Officer successfully alleged her superior officers’ behavior was “sufficiently severe or pervasive” enough to alter the conditions of her employment. The court found the Officer’s Complaint was brimming with allegations regarding the hostile conduct she suffered, including:
Filed Under: Discrimination, Gender/Pregnancy Discrimination, Legal Rights, Race Discrimination
November 5, 2013
By Anthony Rice
\In Carlton County, the Union failed to prove its claim of a past practice in the Minnesota Sheriff’s Department of pairing one of the four most senior field deputies, with one of the four least senior field deputies when shift assignments are made. The County therefore did not violate the CBA when it paired the Grievant, one of the four most senior deputies, as the junior deputy to another of the four most senior deputies.
