269 results for 'nos:"Civil Rights - Habeas Corpus"'.
J. Liman grants the hospital's motion to dismiss this suit brought by the nurse, seeking $20 million in damages for lost wages and future earnings, alleging religious discrimination and wrongful termination stemming from her refusal to be vaccinated against COVID 19. The nurse fails to show how the hospital discriminated against her on the bases of religion or disability, or how it intentionally inflicted emotional distress upon her. As currently pled, the complaint fails to state claims for relief and is dismissed without prejudice.
Court: USDC Southern District of New York, Judge: Liman , Filed On: June 30, 2023, Case #: 1:22cv6951, NOS: Civil Rights - Habeas Corpus, Categories: Emotional Distress, Covid-19, Employment Discrimination
J. Halpern grants the county's motion for summary judgment in this employment racial discrimination suit brought by the Black senior engineering aid who, while working on a bridge project, alleges that his supervisor treated his Caucasian counterparts differently as to overtime and promotion opportunities. The aid's complaining of this resulted in the creation of overtime for him. He later repeatedly refused to meet with his supervisor to discuss his personal use of an assigned vehicle. His arguments regarding company policy on vehicle use do not excuse the insubordination and do not support an inference that the reason for his termination was retaliation for protected activities.
Court: USDC Southern District of New York, Judge: Halpern , Filed On: June 30, 2023, Case #: 7:17cv9121, NOS: Civil Rights - Habeas Corpus, Categories: Evidence, Employment Discrimination, Employment Retaliation
J. Furman grants CUNY's motion to dismiss this employment discrimination and retaliation suit brought by the Black female former administrator who was terminated after her entanglement with internal political affairs and replaced with a white woman. The evidence does not support the administrator's allegations of racial discrimination. Though her supervisor made efforts to decrease his office's contact with her, this does not prove racial discrimination. The complaint does not give rise to a “minimum inference of discrimination.”
Court: USDC Southern District of New York, Judge: Furman , Filed On: June 29, 2023, Case #: 1:22cv2785, NOS: Civil Rights - Habeas Corpus, Categories: Employment Discrimination, Employment Retaliation
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J. Wilson permits a city sanitation manager to continue whistleblower retaliation claims contending Harrisburg mayor Wanda Williams fired him for refusing to create superfluous job positions for her son, nephew, and other family members within his department. The employee's speech was protected because he reported the alleged wrongdoing as a citizen, not as a government employee.
Court: USDC Middle District of Pennsylvania, Judge: Wilson, Filed On: June 29, 2023, Case #: 1:22cv1474, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Whistleblowers, Employment Retaliation
J. Rodriguez dismisses most of a civil rights case brought against the director of the U.S. Office of Personnel Management after she was sued for alleged employment discrimination based on race and age. While the former employee may bring narrow claims for an alleged “discriminatory action” as it relates to his “non-promotion” in 2014, most of his claims overall are too “vague and conclusory” or concern allegations, such as an alleged failure to train, that have been not recognized as “adverse employment action[s]” by the Fifth Circuit.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: June 13, 2023, Case #: 5:22cv451, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment, Employment Discrimination
J. Frink Wolf recommends dismissing a former city employee’s claim that his firing, for allegedly slapping a subordinate’s buttocks, violated his due process rights. He failed to demonstrate that he was deprived of an established property interest through conscience-shocking government action. As an at-will employee, he could not reasonably consider his former job to be part of his protected property.
Court: USDC Maine, Judge: Frink Wolf, Filed On: June 7, 2023, Case #: 2:22cv317, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Property, Due Process
J. Guaderrama grants a motion to transfer, to the Northern District of Texas, a former employee’s disability discrimination and retaliation suit against her former employer. That employee lived and “performed all work assignments” in the Northern District, and while the company “conducts at least some business” in El Paso, “no decisions concerning [her] employment” were made in the Western District of Texas.
Court: USDC Western District of Texas , Judge: Guaderrama, Filed On: June 5, 2023, Case #: 3:22cv332, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment, Venue
J. Silva grants the topless dance club’s motion for summary judgment in this suit brought by cocktail waitresses on allegations that the club is involved in racketeering, fraud and commercial sex. Though the waitresses have not responded to the motion, having seemingly abandoned the case, they also haven’t provided evidence beyond conclusory allegations. The club owners have provided evidence indicating that they did not engage in a tax-burden-shifting scheme or fail to properly compensate waitresses. Summary judgment is granted on the merits.
Court: USDC Nevada, Judge: Silva, Filed On: June 5, 2023, Case #: 2:20cv1111, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Retaliation, Racketeering
J. Seabright partially grants summary judgment to the U.S. Postal Service on several claims of retaliation brought by an employee. The employee could not show that five of the seven alleged retaliatory acts were related to either his filing of a equal employment opportunity complaint or that his supervisors had knowledge that he was affiliated with another employee that filed an complaint. A claim for hostile work environment therefore also is denied.
Court: USDC Hawaii, Judge: Seabright, Filed On: June 2, 2023, Case #: 1:23cv553, NOS: Civil Rights - Habeas Corpus, Categories: Employment Retaliation
J. Kearney grants a bank’s motion to dismiss a pro se litigant’s allegations that it and its lawyers, as well as state actors, used a fictitious writ of possession to steal his property and force him to leave his home. The litigant failed to state a claim.
Court: USDC Eastern District of Pennsylvania, Judge: Kearney, Filed On: May 31, 2023, Case #: 2:23cv1604, NOS: Civil Rights - Habeas Corpus, Categories: Property, Banking / Lending, Foreclosure