22 results for 'judge:"Treadwell"'.
J. Treadwell partially grants the defense contractor's motion for summary judgment on the relator's claims alleging that the contractor violated the False Claims Act by falsifying compliance with contractual training requirements while providing security services in Afghanistan. The relator's claim based on the contractor's failure to comply with pre-deployment training requirements is dismissed. However, the claim based on annual refresher training may move forward. The relator presented evidence showing that people responsible for administering that training were aware of a scheme to forge signatures on training sign-in sheets and make it look like training was occurring when it was not. A genuine issue of fact exists as to whether the contractor submitted false claims for payment based on its failure to comply with the refresher training requirements.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: April 12, 2024, Case #: 5:20cv128, NOS: False Claims Act - Torts - Personal Injury, Categories: False Claims
J. Treadwell grants the county’s motion for summary judgment on employment discrimination claims brought by a black woman employed by the county tax assessor’s office as an appraiser. Plaintiff had a low score on an appraiser examination and also did not have the supervisory experience necessary to qualify for reclassification.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: March 26, 2024, Case #: 5:21cv239, NOS: Employment - Civil Rights, Categories: Employment
J. Treadwell rules in favor of the credit union and manager in a civil rights action brought by the individual alleging retaliation. The action arose after the credit union refused to cash an economic stimulus check for the individual, a Black man, because the name on the check did not match the name on an account. The individual failed to present evidence showing that the credit union and manager acted with retaliatory intent.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: March 19, 2024, Case #: 5:22cv144, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Treadwell grants four employees' motion for default judgment against the employer in a class action alleging that the employer violated the Fair Labor Standards Act by failing to provide overtime pay. Judgment is entered against the employer in the amount of $131,000. The employees' testimony confirmed their allegations that the employer knew they worked more than 40 hours per week but failed to compensate them appropriately. The employer retaliated against two employees after they complained about their overtime compensation by reducing their hours and firing one. The employees are entitled to $36,000 in attorney fees.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: March 13, 2024, Case #: 5:21cv95, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Treadwell partially grants the U.S. Secretary of Commerce's motion to dismiss an amended civil rights, employment discrimination and retaliation action brought by the employee after he was fired from a temporary census job and barred from public service employment based on his criminal history. The employee's retaliation claims and claims regarding the 2020 Census are dismissed because he failed to exhaust his administrative remedies. The employee also failed to plausibly allege a claim for disparate treatment. However, the employee's disparate impact claim may move forward.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: February 14, 2024, Case #: 5:21cv304, NOS: Employment - Civil Rights, Categories: Employment Discrimination
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J. Treadwell partially rules in favor of the college in a disability discrimination action brought by the professor alleging violations of the ADA and Rehabilitation Act arising from his termination. The professor was fired after his requests to teach remotely or become an adjunct at the online campus to accommodate his high-risk medical status during the Covid-19 pandemic were denied. The college is immune from the professor's Title I and Title II ADA claims. The college's reasons for firing the professor due to his inability to teach in-person classes and exhaustion of FMLA leave could be related to the college's interest in prioritizing students' needs. However, it is not clear that a transfer to the online campus was an unreasonable accommodation. The college is not entitled to summary judgment on the professor's failure to accommodate or disability discrimination claims.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: January 31, 2024, Case #: 5:22cv74, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Treadwell partially rules in favor of the employer in a civil rights action brought by the employee alleging violations of the Family and Medical Leave Act, the Rehabilitation Act and the ADA. The employee was fired after the employer determined it had no job roles that met the work restrictions set by the employee's doctor after a neck surgery for arthritis. The employer had no duty to accommodate the employee for restrictions that did not affect her ability to do her job. However, an issue of fact exists as to whether the employee's disability played a role in her termination. The employer also failed to point to a legitimate, nonretaliatory reason for the termination. The employer is not entitled to summary judgment on the employee's claim that it violated the Fair Labor Standards Act by failing to pay her a regular wage for work done during her leave.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: January 23, 2024, Case #: 5:22cv195, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Retaliation
J. Treadwell grants the employer's motion to dismiss the employee's hostile work environment and retaliation claims in a civil rights action. The action arose from the employee's termination days after she complained to a manager about a co-worker taking a photo of her buttocks and showing the photo to others. The employee failed to allege sufficient facts to show that the co-worker's conduct was so severe or pervasive as to alter the conditions of her employment. The employee also failed to show that she engaged in protected activity.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: January 10, 2024, Case #: 5:23cv208, NOS: Employment - Civil Rights, Categories: Employment Retaliation
J. Treadwell partially grants the state troopers' motion for judgment on the pleadings in a civil rights, battery and emotional distress action brought by an individual alleging that they used excessive force by performing a PIT maneuver to stop a vehicle in which he was a passenger. The car hit a guardrail and flipped. The troopers later sat the individual on the ground, where he was hit with broken glass and debris when another vehicle struck one of the troopers' patrol cars. The troopers are entitled to qualified immunity because the decision to end the high-speed chase with the PIT maneuver was objectively reasonable. There is no clearly established law that would have informed the troopers that their conduct violated the Constitution.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: September 28, 2023, Case #: 5:23cv117, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Treadwell finds in favor of the individuals in a conspiracy, defamation and false light invasion of privacy action brought by the TikTok influencer arising after the individuals made social media posts questioning her domestic abuse advocacy nonprofit's website. The individuals made posts saying that the website was not secure and alleging that the influencer was a "con-artist" who "doxed" people who visited the site. The website lacked an SSL certificate and was marked unsecure by a browser bar warning. The influencer also admitted to posting the IP address of a visitor to social media and the individuals' opinions are not defamatory per se. The influencer is a limited-purpose public figure and there is no evidence that the individuals entertained doubt as to the truth of statements questioning her acceptance of a $40 donation via a Change.org petition.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: September 21, 2023, Case #: 5:22cv91, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Privacy
J. Treadwell finds in favor of the employer in a race discrimination and retaliation action brought by the employee arising after she was laid off. The employee, a Black woman, abandoned her failure to train and unequal pay raise claims. The employee failed to show that the employer intended to discriminate against her or refused to consider retaining her due to her race. The employee also failed to show that the employer's non-discriminatory reason for laying her off due to financial problems was pretextual.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: September 13, 2023, Case #: 5:21cv52, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Treadwell finds in favor of the prison doctors in a civil rights action brought by the inmate alleging that the doctors were deliberately indifferent to his medical needs and failed to timely diagnose his osteomyelitis, leading to a below-the-knee amputation of his leg. Although the doctors had a difference of opinion about the proper course of care for the inmate, no reasonable jury could find that they disregarded the risk of serious harm to the inmate presented by his bleeding toe ulcer. The doctors are entitled to qualified immunity.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: September 13, 2023, Case #: 5:20cv195, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Prisoners' Rights
J. Treadwell grants the bank's motion to dismiss an unfair debt collection action brought by the borrower alleging that the bank and the recovery company unlawfully repossessed his vehicle. The sales contract was assigned to the bank and the bank is not a debt collector, therefore the borrower failed to state a claim under the Fair Debt Collection Practice Act. Since the recovery company failed to respond, the borrower's motion to amend is partially granted with respect to his wish to allege unfair debt collection and conversion claims against it. The borrower can also amend his complaint to allege a conversion claim against the car company. However, the motion is denied as futile with respect to the borrower's request to amend the complaint to allege claims against the bank for fraud, breach of fiduciary duty and violations of the Georgia Fair Business Practice Act.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: August 24, 2023, Case #: 5:22cv458, NOS: Truth in Lending - Torts - Personal Property, Categories: Debt Collection, Business Practices
J. Treadwell finds in favor of the Department of Juvenile Justice employees in a civil rights action brought by an individual alleging that they violated his Fourteenth Amendment rights by failing to prevent a fellow juvenile detainee from assaulting him. The employees are entitled to qualified immunity. There is no evidence that detainees in the individual's unit faced a substantial risk of serious harm just by being housed with other detainees from a different city. Incidents of violence driven by the rivalry between detainees of the two cities were too infrequent to make the unit a violent place. The individual also failed to show that the employees were deliberately indifferent to any risk of serious harm.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: August 3, 2023, Case #: 5:21cv31, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Treadwell grants the government's motion to dismiss the companies' action under the Administrative Procedures Act alleging that the government failed to fund their applications for relief under the Restaurant Revitalization Fund because their owner was a woman. The government stopped processing applications it originally prioritized for claims by women, veterans and disadvantaged people after two lawsuits challenged the constitutionality of the practice. The fund has no money remaining for new awards and expired in March 2023, therefore the companies' requested relief is moot.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: July 20, 2023, Case #: 5:21cv221, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Government, Covid-19
J. Treadwell partially finds in favor of the city in an action brought by the developers alleging that the city violated the federal Fair Housing Act and Georgia Fair Housing Act by backing out of agreements to build an affordable housing development. Two developers failed to create a triable issue of fact as to whether the city intentionally discriminated on the basis of race when it rescinded a commitment resolution. The developers cannot show that community opposition to the development was based on racial animus even in light of social media comments equating affordable housing to crime and drug use. The developers also cannot show that the city was not justified in rescinding the resolution because of the reduction in commercial retail space. However, a genuine issue of fact exists as to whether the city retaliated against the developers for the exercise of their rights under the Fair Housing Act based on threats made by the city's counsel.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: June 13, 2023, Case #: 5:20cv159, NOS: Housing/Accommodations - Civil Rights, Categories: Housing
J. Treadwell denies the employee's motion for reconsideration of an earlier order partially granting the employer's motions to dismiss a civil rights and race discrimination action arising from the employer's alleged failure to reclassify the employee, an appraiser, to a higher position. The employee failed to follow the court's instructions in amending her complaint, therefore her allegations with regard to liability for pay discrimination based on events that happened years before she filed her charge of discrimination with the EEOC were properly struck from the second amended complaint.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: May 30, 2023, Case #: 5:21cv239, NOS: Employment - Civil Rights, Categories: Civil Procedure, Civil Rights, Employment Discrimination
J. Treadwell finds in favor of the employer in an employment retaliation action brought by the former employee. The employee alleged that she was either fired for reporting sexual harassment to human resources or for being seven months pregnant. The employee did not file her EEOC charge of discrimination until nearly seven years after she was fired. The reasons for the employee's termination were clear to her at a Department of Labor hearing which occurred one month after her firing and she is therefore not entitled to equitable tolling.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: May 12, 2023, Case #: 5:21cv433, NOS: Employment - Civil Rights, Categories: Employment Retaliation