11 results for 'judge:"Friot"'.
J. Friot denies the defendant police officer's summary judgment motion as to the Section 1983 equal protection claim against him. The former employee's evidence, though "shaky at best," is sufficient to survive the officer's summary judgment motion. Specifically, there is an issue of fact as to the date of an alleged sexual assault.
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: December 15, 2023, Case #: 5:21cv466, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Friot grants summary judgment to the former employer as to the claims brought by one of the individual plaintiffs in this lawsuit alleging gender discrimination and a failure to pay overtime wages. The former employer provides a legitimate basis for the employee's termination, and the former employee fails to establish pretext, specifically on a disparate treatment theory. Additionally, the former employee failed to "keep track of the overtime hours she worked."
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: October 23, 2023, Case #: 5:21cv501, NOS: Fair Labor Standards Act - Labor, Categories: Employment Discrimination, Labor
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J. Friot grants the former employer's motion for summary judgment as it relates to one of the individual plaintiffs in this suit alleging gender discrimination and a failure to pay overtime. The employer has provided a legitimate basis for the former employee's termination, and the employee fails to show that the reason was pretextual. Additionally, she testified that she did not know how much overtime she worked "for which she was not compensated."
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: October 23, 2023, Case #: 5:21cv501, NOS: Fair Labor Standards Act - Labor, Categories: Employment Discrimination, Labor
J. Friot denies the Halliburton defendants' post-trial motions in this lawsuit arising from a motor vehicle accident. The negligent entrustment claim was properly submitted to the jury, as "the facts underlying the negligent entrustment claim can be argued either way." Also, they were not prejudiced by certain trial testimony provided by the plaintiff driver's treating physician.
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: September 29, 2023, Case #: 5:22cv159, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Negligence
J. Friot denies the defendant police officer's summary judgment motion in this excessive force lawsuit arising from a "non-fatal shooting." The officer asserts the defense of qualified immunity, but there is a fact issue as to whether the individual plaintiff was armed with a gun at the time of the shooting. The city is entitled to summary judgment, however, as to the individual's Section 1983 municipal liability claim.
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: August 14, 2023, Case #: 5:20cv465, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence
J. Friot partially grants the police officer's summary judgment motion in this lawsuit stemming from an individual's arrest outside an apartment. The individual contends that he was subjected to excessive force, but the officer's use of pepper spray was reasonable under the circumstances, as the officer was responding to a call "classified as first-degree burglary" and the individual refused to take his hand out of his pocket when ordered. On the other hand, summary judgment is not appropriate as to his excessive force claim based on the officer's alleged "takedown maneuver."
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: August 14, 2023, Case #: 5:21cv533, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence