November 25, 2013 by

A Whiteout in Dallas Leads to a Police Lieutenant Unsuccessful Discrimination Claim against the City

By Anthony R

BlizzardIn Waters v. City of Dallas, the Fifth Ciruit Court of Appeals affirmed a lower court ruling dismissing a Dallas Police Lieutenant’s racial discrimination claim.

Marlon Waters, an African-American male, was employed as a lieutenant by the Dallas Police Department (DPD). Waters’ discrimination claim resulted from circumstances surrounding the 2010 NBA All-Star Game. Over the course of the NBA All-Star event, a snow storm hit Dallas. Waters, one of the designated watch commanders for the event, reacted by allowing his subordinates to report to work early. However, because of budgetary constraints, DPD commanders (Watson included) were ordered to minimize overtime expenditures.

[Read more…]

Filed Under: Discrimination, Legal Rights, Race Discrimination
November 21, 2013 by

Illinois Police Officer Temporarily Dodges Bullet of Summary Judgment on ADEA Retaliation Claim – Court Provides Chance to Find Present More Evidence of Materiality and Causation

By Mitchel Wilson

3D person with a sand clockIn Bell v. City of Harvey, the district court suspended the City’s motion for summary judgment and granted Police Sergeant Andrew Bell more time to present evidence to substantiate his claims of five instances of retaliation for filing an age discrimination claim under the Age Discrimination in Employment Act (ADEA).

[Read more…]

Filed Under: Arbitration Rulings, Discipline
November 21, 2013 by

Secretly Recorded Conversation with the Sheriff Helps Texas Corrections Captain in Fight to Keep Job

By Anthony Rice

Secret RecordingIn Haverda v. Hays County, an the Federal Fifth Circuit Court of Appeals found Texas Corrections Captain Haverda introduced enough evidence that could lead a reasonable juror to conclude Haverda’s demotion was motivated by his speech.  It rejected a lower court ruling that had dismissed Haverda’s claim and sent it back for trial.

[Read more…]

Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
November 15, 2013 by

Fifth Circuit Holds that Problem Dallas County Juvenile Officer Not Protected from Termination

By David Worley

TerminationIn 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.  [Read more…]

Filed Under: Discrimination, Gender/Pregnancy Discrimination, Race Discrimination
November 15, 2013 by

Suspicious Timing of Detective’s Transfer after Political Involvement and Favorable Testimony that Detective had “Made the Mayor Mad” Creates a Triable First Amendment Claim

By Anthony Rice

3d man speechIn 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.

[Read more…]

Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
November 15, 2013 by

Not Guilty Verdict Doesn’t Save Cuyahoga County Police Officer from Termination for Firing “Warning Shots” at Aggressive Ex-Boyfriend

By Anthony Rice

Warning ShotIn 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.

[Read more…]

Filed Under: Arbitration Rulings, Discipline
November 13, 2013 by

Ninth Circuit Allows Officers to Pursue Gold: Union Vote of No Confidence against Sierra Madre Chief that Resulted in Delay of Promotion of Police Association Qualifies for Trial

By Mitchel Wilson

no confidenceIn 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.

[Read more…]

Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
November 13, 2013 by

Ohio Arbitrator’s Creativity in Awarding “Involuntary Resignation” within Her Lawful Discretion

By Anthony Rice

 ArbitrationOhio 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. [Read more…]

Filed Under: Arbitration Rulings, Discipline
November 13, 2013 by

St. Louis PD Orders to “Bring Color to the Academy” Results in a Trial-Worthy Section 1983 Conspiracy Claim by White Officer Passed Over for Academy Assistant Director Appointment

By Anthony Rice

Promotion timeIn 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.

[Read more…]

Filed Under: Discrimination, Legal Rights, Race Discrimination
November 8, 2013 by

Third Circuit Upholds Lawsuit against Jersey City Mayor and Police Chief Crony by Former Female Officer for Freezing All Promotion Because She Supported an Opposing Candidate

By Mitchel Wilson

LawsuitThe 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. [Read more…]

Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
« Previous Page
Next Page »