11 results for 'cat:"Employment" AND cat:"Immunity" AND cat:"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
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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
J. Hassan finds that the trial court improperly denied the university's plea to the jurisdiction in an employment retaliation suit brought by a former business administrator who alleged she was fired for complaining of race-based discrimination. The former employee did not show that the university's given reasons for terminating her were false and pretextual or that her protected activity led to her firing. Reversed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: August 31, 2023, Case #: 14-22-00453-CV, Categories: employment, immunity, employment Retaliation
J. Copenhaver grants in part and denies in part the motions of a former Wood County sheriff, the county commission and the prosecuting attorney to dismiss the respective claims alleged in a deputy sheriff’s suit for sexual discrimination and retaliation. The court dismisses the deputy sheriff’s Title VII claims against the prosecutor, former sheriffs and the commission in part because she failed to exhaust her administrative remedies when she failed to name them in her complaint with the Equal Opportunity Employment Commission. Finding she has alleged sufficient facts to satisfy all the required elements, the court rules the deputy’s suit may continue against not only the former sheriff on the grounds he created a hostile work environment, but also against him and the commission on a “discrete retaliation” claim because they allegedly acted in concert with the prosecutor to damage her reputation by placing her name on a “bad cop list.”
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: July 12, 2023, Case #: 2:22cv388, NOS: Employment - Civil Rights, Categories: Civil Rights, immunity, employment Retaliation