Chris Davis v. Lee Holsman and Preferred Wholesale, Inc. |
Defendants appeal the district court's ruling in favor of the plaintiff on his wage payment and retaliatory discharge claims. We affirm in part, reverse in part, and remand. I. Background Facts & Proceedings. On January 27, 2001, Lee Holsman, the president of Preferred Wholesale, Inc. (Preferred), offered Chris Davis a job to assist Holsman in expanding his whole $22543 (11-02-2004 - IA) |
Robert Riggs v. Kansas City, Missouri |
Robert Riggs appeals from a final judgment entered in the District Court for the Western District of Missouri1 in favor of the Kansas City, Missouri, Public School District (District) on his employment discrimination claims. Riggs argues that the district court erred in granting summary judgment in favor of the District on his -2- discriminatory discharge claim and erred in failing to $0 (10-28-2004 - MO) |
David Griffith v. City of Des Moines |
David Griffith, who is Hispanic, joined the Des Moines Fire Department in 1989. He commenced this action in August 2001, alleging on-going disparate treatment and retaliation by the City of Des Moines, Fire Chief Ronald Wakeham, and Assistant Fire Chief Jerry Cohoon in violation of Title VII, 42 U.S.C. § 2000e-2; 42 U.S.C. §§ 1981 and 1983; and the Iowa Human Rights Act, Iowa Code § 216.6 $0 (10-28-2004 - IA) |
Tressia Lewis v. John Potter |
Tressia L. Lewis alleges that she was unlawfully disciplined and terminated by the United States Postal Service, based upon her race and gender, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq. The district court1 granted summary judgment to the USPS, ruling Lewis failed to demonstrate that the USPS' legitimate, nondiscriminatory reasons for discipline a $0 (10-28-2004 - MO) |
Linda Horanburg v. Jeffrie Felter, M.D. v. Lovelace Health Sytems, Inc. |
{1} At issue in this appeal is the scope of an arbitration agreement and the ability of a non-signatory to the agreement to compel arbitration against a signatory. Defendant Lovelace Health Systems (Lovelace) appeals a district court order compelling arbitration but estopping it from arguing the issue of whether a doctor was acting outside the course and scope of his employment with Lovel $0 (10-27-2004 - NM) |
Robert Amboree v. Harris County Texas Sheriff's Office |
Robert Amboree claimed the Harris County Texas Sheriff's Office terminated against him in retaliation for helping other Afro-American deputies file racial discrimination complaints against the Sheriff's Office after a supervisor called them "monkeys." Amboree had servered as deputy with the Harris County Sheriff's Office for 18 years before being discharged. The defendant claimed that Ambo $99999 (10-05-2004 - TX) |
David Genzler v. Peter J. Longanbach, et al. |
Plaintiff David Genzler seeks damages under 42 U.S.C. § 1983 for violations of his constitutional rights during the investigation and prosecution of his state criminal homicide trial. Defendants San Diego County Deputy District Attorney Peter Longanbach and Investigator Jeffrey O'Brien appeal from the partial denial of their motions for summary judgment based on absolute official immuni $0 (09-28-2004 - CA) |
Alfred Milton Evans, et al. v. Mike Fogarty, et al. |
Plaintiffs were providers of outpatient behavioral health services. Defendants are various officers and employees of Oklahoma's state Medicaid Agency (the Oklahoma Health Care Authority). The Oklahoma Health Care Authority pays for medically necessary behavioral health services within the scope of the Medicaid program for qualified recipients. Plaintiffs spoke publicly on a number of issu $16000000 (09-24-2004 - OK) |
Michael Flatley v. D. Dean Maauro |
Defendant, D. Dean Mauro, who is an attorney, appeals from an order denying his special motion to strike, pursuant to Code of Civil Procedure1 section 425.16, the second amended complaint for civil extortion, intentional infliction of emotional distress, and wrongful interference with perspective economic advantage brought by plaintiff, Michael Flatley. The complaint was filed two days af $0 (09-04-2004 - CA) |
Marsha K. Hardeman v. City of Albuquerque; Jim Baca, Mayor, and Theresa Trujeque |
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The Skull Valley Band of Goshute Indians and Private Fuel Storage, L.L.C. v. Dianne R. Nielson, et al. |
The Governor and Attorney General of Utah, along with Utah environmental and transportation officials, appeal the district court's ruling that the state's statutes regulating the storage and transportation of spent nuclear fuel are preempted by federal law. See Skull Valley Band of Goshute Indians v. Leavitt, 215 F. Supp. 2d 1232 (D. Utah 2002). The Utah officials argue that the district court $0 (08-05-2004 - UT) |
Kenneth Eaton, Janet Price, Patricia McClellan v. David Meneley and Shawnee County, Kansas. |
Defendant-appellant David Meneley, the former sheriff of Shawnee County, Kansas, appeals the district court's denial of his defense of qualified immunity.(1) Plaintiffs-appellees Janet Price, Patricia McClellan, and Kenneth Eaton brought suit against Meneley under 42 U.S.C. § 1983 and various state statutes for allegedly violating their First Amendment rights by misusing his position as sheriff to $0 (08-03-2004 - KS) |
Donna Green v. City of Pine Bluff |
Donna Green appeals the district court's1 adverse grant of summary judgment in her employment-discrimination suit against the City of Pine Bluff, Arkansas ("the City"). Green asserted claims under Title VII, the Due Process Clause of the Fifth Amendment, the Arkansas Civil Rights Act of 1993 ("ACRA"), and other state laws. Having carefully reviewed the record, we affirm. See Palesch v. Mo $0 (08-05-2004 - AR) |
Twylla Mae Turney v. Russell Waterbury |
Twylla Mae Turney brought this civil rights suit against the Bennett County Sheriff's Department, Bennett County, the State of South Dakota, Bennett County Sheriff Russell Waterbury, Chief Deputy Bruce McMillin, and jailer Tracy Merchen (collectively the Defendants) to recover damages related to the in-custody suicide of her son, Bill Keith Turney. The Defendants moved for summary judgm $0 (07-21-2004 - SD) |
Hope International University v. The Superior Court of Orange County and Curtis C. Rouanzoin, et al. |
Hope University, affiliated with the Church of Christ, fired two professors because of the perception that they had had an affair while one of the professor's divorce was still pending. Both Hope and the Church of Christ take a dim view of that sort of thing, and in any event the university holds its professors to an "abstain from all appearance of evil" standard from I Thessalonians 5:22. $0 (06-18-2004 - CA) |
Reina Izabel Garcia-Martinez v. John Ashcroft, Attorney General |
Reina Garcia-Martinez (Garcia) has survived atrocities that most of us experience only in our worst nightmares. Her rural village in Guatemala was pillaged by both the guerillas and the military. Garcia's eventual rape was inextricably tied to the village's affiliation, in the minds of the Guatemalan mili-tary, with the guerillas. Because "[p]ersecution is stamped on every page of this re $0 (06-15-2004 - CA) |
Clayton Ristrom v. Asbestos Workers |
Clayton Ristrom (Ristrom) enrolled in a union apprenticeship program run by the Asbestos Workers Local 34 Joint Apprenticeship Committee (JAC). When the JAC cancelled Ristrom's participation in the apprenticeship program, Ristrom sued the JAC, claiming disability discrimination and retaliation in violation of the 1The Honorable Ann D. Montgomery, United States District Judge for the Dist $0 (06-04-2004 - MN) |
Herman Jackson v. Flint Ink |
During the seventeen months that Herman Jackson worked as a paste operator at Flint Ink North American Corporation, he was disciplined twenty times for violating Flint Ink's work rules and attendance policy. Flint Ink terminated his employment on three separate occasions, but agreed with Mr. Jackson's union to reinstate him after the first two terminations. After he was fired the third time $0 (06-08-2004 - MN) |
Patricia Ruiz and Chantell Ruiz v. Austin Independent School District, Andy Welch, Principal Darrell Baker and Coach Lee Thompson |
Appellants Patricia Ruiz and Chantell Ruiz (the "Ruizes") sued appellees Austin Independent School District, Andy Welch, Darrell Baker, and Lee Thompson (collectively "appellees"), alleging defamation and whistleblower causes of action. Appellees moved for summary judgment based on their defenses of (1) limitations, (2) governmental and statutory immunity, and (3) failure to exhaust administrat $0 (06-04-2004 - TX) |
Sanford Lee Hertz v. Luzenac America, Inc. |
Luzenac America, Inc. (Employer), dismissed Sanford Lee Hertz from his position as a technical manager. Hertz filed suit in Colorado federal district court under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq, claiming that Employer had engaged in religious discrimination and had retaliated against him for protesting the discrimination. Although Hertz failed to convince the $1 (06-02-2004 - CO) |
Dolgencorp, Inc., d/b/a Dollar General v. Donald Zatorski, Division of Employment Security. |
Donald Zatorski was discharged from his employment at Dolgencorp, Inc., d/b/a Dollar General, for violating its sexual harassment policy. He filed a claim for unemployment benefits under the Missouri Employment Security Law, Chapter 288, RSMo 2000.(FN1) Dolgencorp protested his claim, asserting that Mr. Zatorski was discharged due to misconduct related to his work. The Labor and Industrial Relatio $0 (05-28-2004 - MO) |
Patricia Ruiz and Chantell Ruiz v. Austin Independent School Distrtict, et al. |
Appellants Patricia Ruiz and Chantell Ruiz (the "Ruizes") sued appellees Austin Independent School District, Andy Welch, Darrell Baker, and Lee Thompson (collectively "appellees"), alleging defamation and whistleblower causes of action. Appellees moved for summary judgment based on their defenses of (1) limitations, (2) governmental and statutory immunity, and (3) failure to exhaust administrat $0 (05-28-2004 - TX) |
Terry Focareta v. Plum Borough |
Terry Focareta, the former police chief of Plaum Borough, Pennsylvania claimed that he was fired in retaliation for conducting investigations of Mayor John Schmeck, several council members and their relatives. Focareta, 55, served on the Plum police force for 29 years, including more than 10 as chief. $510000 (05-27-2004 - PA) |
Thomas F. Snoddy v. City of Nacogdoches |
Plaintiff-Appellant Thomas F. Snoddy, a former police officer for Defendant-Appellee the City of Nacogdoches, brought a Title VII lawsuit against the City alleging that he was denied a promotion, demoted, harassed, and constructively discharged both on account of his race and in retaliation for his past complaints of discrimination. Snoddy appeals from the district court's No. 03-412 $0 (05-26-2004 - TX) |
John Ross v. Jim Adams Ford, Inc. |
John Ross appeals a summary final judgment dismissing his suit against his former employer, Jim Adams Ford, Inc., in which he alleged a violation of the Florida Civil Rights Act of 1992. See § 760.10(1)(a), Fla. Stat. (1993) (prohibiting employers from discharging employees based upon handicap). We affirm because the statute of limitations set forth in section 95.11(3)(f), Florida Statutes $0 (05-12-2004 - FL) |
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