17 results for 'cat:"Employment" AND cat:"Immunity" AND cat:"Employment Retaliation"'.
J. Fisher finds that the district court properly denied a county commissioner’s motion to dismiss a former county employee’s wrongful termination lawsuit based on qualified immunity. Because the act that incited the former employee’s termination — voicing concerns over the county’s hiring practices to the commissioner — was protected by the First Amendment, was a motivating factor in his alleged retaliatory termination. Additionally, defendant’s right to be free from the commissioner’s alleged retaliation was clearly established by existing case law. Affirmed.
Court: 3rd Circuit, Judge: Fisher, Filed On: September 11, 2024, Case #: 22-2891, Categories: immunity, employment Retaliation
J. Lynn accepts the recommendations of a magistrate judge and dismisses claims without prejudice in a race-based discrimination and retaliation lawsuit. A former assistant professor at the Texas A&M University College of Dentistry alleges she and other Black employees were harassed by her two supervisors and that one of them also retaliated against her for participating in an investigation into him, all of which she says eventually caused her to leave the university. She also alleges the university's chief compliance officer knew about the harassment but failed to stop it. The chief compliance officer and the supervisor accused of retaliation filed a motion to have the claims against them dismissed. As employees of a public university, the supervisor and chief compliance officer are entitled to qualified immunity, and the assistant professor has not sufficiently pled hostile work environment and retaliation claims to overcome qualified immunity, as she has not demonstrated that the alleged harassment was due to her race, and the protected activity of participating in an investigation happened 14 months before her resignation, too long to establish a plausible causal connection. The assistant professor will be allowed to replead the allegations deemed insufficient.
Court: USDC Northern District of Texas , Judge: Lynn, Filed On: September 11, 2024, Case #: 3:23cv810, NOS: Employment - Civil Rights, Categories: immunity, employment Discrimination, employment Retaliation
J. Mathis finds the lower court properly denied the university officials' motion for qualified immunity. The psychology professor spoke on a matter of public concern outside the scope of his official duties when he gave remarks at a conservative thinktank regarding treatment for gender dysphoria, which renders his speech protected under the First Amendment. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: September 10, 2024, Case #: 23-5293, Categories: immunity, employment Retaliation, First Amendment
J. Griffin finds the lower court properly denied the Flint mayor's motion for qualified immunity on a former fire chief's wrongful termination action. The fire chief's refusal to cover up misconduct by several firefighters based on racial animus was protected conduct under the First Amendment and establishes a legitimate retaliation claim that stems from his termination by the mayor. Affirmed.
Court: 6th Circuit, Judge: Griffin, Filed On: August 27, 2024, Case #: 23-2089, Categories: immunity, employment Retaliation, First Amendment
J. Contreras denies the Department of Corrections officials' motion for reconsideration of the court's prior denial of their summary judgment motion in the former employee's suit alleging that she was fired for reporting poor prison conditions during the Covid-19 pandemic. The motion for reconsideration does not identify mistakes in the earlier order, and is instead "simply a blatant attempt to relitigate issues that have already been decided against them," namely whether a jury could reasonably find in the employee's favor on her First Amendment retaliation claim and whether the officials were protected by qualified immunity.
Court: USDC District of Columbia, Judge: Contreras, Filed On: August 19, 2024, Case #: 1:20cv2944, NOS: Other Statutory Actions - Other Suits, Categories: immunity, Covid-19, employment Retaliation
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Per curiam, the circuit finds the district court improperly dismissed the black financial officer's wrongful termination suit in which he claims he was fired from the school for reporting mismanagement of federal funds, as well as for his race. Though the employee initially received strong evaluations, after he began reporting mismanagement of funds he was terminated for a “lack of clear communication and reliable board reporting,” “submitting an incorrect budget amendment,” and “other financial errors and failures.” Though the employee has not shown racial discrimination, the school has failed to meet its burden as to immunity regarding receipt of earmarked funds, which “come with state-imposed restrictions.” Reversed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 9, 2024, Case #: 23-50600, Categories: immunity, employment Discrimination, employment Retaliation
J. Groh grants the motion of the town mayor and city council to dismiss the former police chief's retaliatory discharge suit claiming they fired him after he refused to arrest without reasonable suspicion one of the mayor's adversaries and disobeyed an order to use police databases to obtain personal information on a resident. The former chief is not entitled to civil service protection, and the mayor is entitled to qualified immunity since the former chief has failed to demonstrate where another public official under similar circumstances "was held to have acted unlawfully." Furthermore, the former chief has failed to plead sufficient facts to establish a Monell claim on how the town council violated a municipal custom or practice.
Court: USDC Northern District of West Virginia, Judge: Groh, Filed On: July 25, 2024, Case #: 3:23cv192, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, immunity, employment Retaliation
Per curiam, the circuit finds that the district court properly denied a qualified immunity defense to two state agency officials who allegedly fired plaintiff for campaigning for office during work hours because questions of fact remain unresolved as to whether issues beyond campaigning supported termination so as to avoid claims alleging retaliation of protected speech. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 24, 2024, Case #: 23-823-cv, Categories: immunity, employment Retaliation
J. King finds that the district court properly denied the former district attorney's motion for summary judgment. The former police captain filed suit for retaliatory discharge after he was terminated for alleged department violations involving his support of a motion to transfer venue filed in a criminal proceeding against a colleague who allegedly facilitated an inmate's escape. The motion to transfer was made due to questions of the colleague's likelihood of receiving a fair trial. Though the DA asserts prosecutorial immunity, this immunity does not cover his alleged use of prosecutorial authority as a threat to influence a public employment decision. Affirmed.
Court: 5th Circuit, Judge: King , Filed On: May 30, 2024, Case #: 23-40321, Categories: immunity, employment Retaliation
[Consolidated.] J. Wilson finds that the district court properly dismissed the employees' separate Title V claims under the ADA in employment discrimination and retaliation actions against their employers, the Georgia Department of Human Services and the Georgia Department of Corrections. The actions arose after the employees were fired. The district court correctly dismissed the claims based on sovereign immunity because the underlying provision of Title V, Title I, does not allow a plaintiff to assert a claim against the state. A Title V claim based on the exercise of a right arising from Title I cannot be brought against the state. However, the district court's ruling is vacated and the case is remanded for the limited purpose of allowing the district court to dismiss the case without prejudice. Vacated.
Court: 11th Circuit, Judge: Wilson, Filed On: February 6, 2024, Case #: 21-12571, Categories: Ada / Rehabilitation Act, immunity, employment Retaliation
J. Winkler finds the lower court erroneously denied the motion for summary judgment filed by the disability services board and its members. The CFO of the company who received waiver benefits from the board had no contract with the board, did not own the building he used in conjunction with the benefits waiver and used a personal vehicle for work, all of which rendered him an independent contractor, not an employee. Reversed.
Court: Ohio Court Of Appeals, Judge: Winkler, Filed On: January 12, 2024, Case #: 2024-Ohio-83, Categories: immunity, Defamation, employment Retaliation
J. Moore finds the lower court properly denied the university officials' motion for sovereign immunity on claims filed by the university police officer. Although suits against states are barred when they seek retrospective relief, the expungement of records sought by the officer is prospective relief and allows the suit to proceed. Meanwhile, the officials' request for qualified immunity on First Amendment retaliation claims was also properly denied because the interview given to local media about the university's handling of a sexual assault allegation involved a matter of public concern and was conducted outside the scope of his ordinary duties; therefore, it was protected speech. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: January 9, 2024, Case #: 22-2057, Categories: immunity, employment Retaliation, First Amendment
J. Engelhardt finds the district court properly dismissed the county employee’s civil rights complaint against the county arising on allegations of having been fired after making sexual assault complaints against a county judge. The county is only liable for the actions of its employees when an official policy or custom causes the injury. The judge lacked the requisite policymaking authority to hold the county liable for his alleged sexual misconduct. Affirmed.
Court: 5th Circuit, Judge: Engelhardt, Filed On: November 9, 2023, Case #: 22-50918, Categories: employment, immunity, employment Retaliation
J. Morrison denies, in part, the commission's motion to dismiss, ruling the attorney's allegations of being terminated without warning or cause shortly after she complained of sex discrimination sets forth a plausible claim for age discrimination retaliation. However, the two individual commissioners are entitled to qualified immunity on the attorney's civil rights claims because no state law required them to investigate her claims of discrimination independent of the commission as a whole.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: November 1, 2023, Case #: 2:23cv940, NOS: Employment - Civil Rights, Categories: Government, immunity, employment Retaliation
J. McAvoy grants, in part, Binghamton University and two of its employees’ motion to dismiss a former maintenance worker’s discrimination and retaliation claims brought after he raised concerns about harassment due to religion and ethnicity in violations under Title VII and the New York Human Rights Law. His Title VII claims against the two employees and his state discrimination and retaliation claims against the university do not survive the motion because the university is entitled to sovereign immunity. The motion to dismiss is denied to all other respects.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: October 30, 2023, Case #: 3:22cv1282, NOS: Employment - Civil Rights, Categories: immunity, employment Discrimination, employment Retaliation
J. Sargus grants the employer's motion for judgment on the pleadings, ruling its status as a state actor entitles it to sovereign immunity on the employee's Americans with Disabilities Act and Family and Medical Leave Act claims, which must be dismissed.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: September 28, 2023, Case #: 2:22cv4161, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, immunity, employment Retaliation
J. Rodriguez finds a lower court erred when it declined to dismiss a wrongful-termination suit brought against a school district. While the former employee in the case said she was terminated after reporting timekeeping theft by her coworkers, she has failed to allege a violation under the Texas Whistleblower Act because the alleged thefts were violations of school-district protocol rather than a law. The school district therefore maintains immunity in this case. Reversed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: September 21, 2023, Case #: 08-23-00021-CV, Categories: Education, immunity, employment Retaliation