Calvin Gresham v. Food Lion, Inc. |
Calvin Gresham (Gresham) appeals the district court's grant of summary judgment in favor of Food Lion, Incorporated (Food Lion) on his claim alleging that Food Lion breached the terms of a settlement agreement he entered into with Food Lion. We affirm. I. In October 1987, Gresham was hired by Food Lion as a store detective in Food Lion's Loss Prevention Department. He held several positio $0 (03-22-2002 - SC) |
Robert C. Konop v. Hawaiian Airlines, Inc. |
Robert Konop brought suit against his employer, Hawaiian Airlines, Inc. (“Hawaiian”), alleging that Hawaiian viewed Konop’s secure website without authorization, disclosed the contents of that website, and took other related actions in vio-lation of the federal Wiretap Act, the Stored Communications Act, and the Railway Labor Act. Konop also alleged several state tort claims $0 (08-23-2002 - HI) |
Robert Schneider v. City and County of Denver |
Robert Schneider, formerly a Denver Police Officer and member of the Metro Special Weapons and Tactics Bureau (the "SWAT" bureau or division), filed this action under 42 U.S.C. § 1983 against the City and County of Denver (the "City"). In his complaint, Mr. Schneider alleged that his transfer to the Denver Police Training Academy from the SWAT division was in retaliation for his exercise of his Fi $75000 (08-23-2002 - CO) |
Larry D. Hysten v. Burlington Northern and Santa Fe Railway Company and Monte Johnson |
Plaintiff Larry D. Hysten was employed as a journeyman freight-car mechanic by defendant Burlington Northern ("Burlington Northern" or "BNSF") and its predecessor, Santa Fe Railroad, for approximately twenty-two years. His suit under 42 U.S.C. § 1981 consists of a claim that Burlington Northern and shop superintendent Monte Johnson engaged in retaliatory activity designed to punish him for engagin $0 (08-22-2002 - KS) |
United Food and Commercial Workers International Union Local 911 et al. v. United Food and Commercial Workers International Union et al. |
This case involves a dispute between an international labor organization and one of its affiliates. Plaintiffs-Appellants United Food and Commercial Workers ("UFCW") International Union Local 911 and its individual members ("Local 911") appeal the district court's dismissal of their complaint against Defendants-Appellees UFCW International Union ("International Union") and its officers for violati $0 (08-22-2002 - OH) |
Willie M. Greene v. Dillingham Construction N.A., Inc. |
In that action, a jury, by special verdict, found in favor of Greene on his claim that he was subjected to racial harassment in violation of FEHA. The jury awarded Greene $490,000 in emotional distress damages. It rejected Greene’s retaliation and punitive damages claims. We affirmed the trial court’s judgment on appeal. In June 2000, Greene moved for an award of attorney fees pur $1095795 (08-22-2002 - CA) |
Larry T. Bass v. William T. Richards, Sheriff, et al. |
Appellants Richards, Hebert, and Evans are police officials of Archuleta County, Colorado. Appellee Bass brought suit against them under 42 U.S.C. § 1983 alleging that they had violated his First Amendment speech and association rights. Appellants moved for summary judgment asserting a qualified immunity defense. They appeal the district court's denial of that motion. This court has jurisdiction u $0 (08-15-2002 - CO) |
Rhonda Moses Warren v. Steve Prejean |
Missouri Division of Youth Services ("DYS") and Steve Prejean (hereinafter "Appellants") appeal from the result of a jury trial held in October 2000. Appellants seek to vacate the jury verdict in favor of Rhonda Moses Warren and the granting of a new trial or, in the alternative, they request judgment as a matter of law on Counts I, II and III. Appellants further seek dismissal of Count II of $730000 (08-14-2002 - MO) |
Donald A. Donofry, et ux. v. Autotote Systems, Inc. |
This is defendant's appeal from a verdict entered after a bench trial on a whistleblower claim brought under the Conscientious Employees' Protection Act (CEPA), N.J.S.A. 34:19-1 to -8. Plaintiff cross-appeals the dismissal of his punitive damages claim as well as his tort claim against the individual defendant. The primary issues raised by this appeal are the proper burden of proof and the suffici $0 (09-27-2001 - NJ) |
William Chavis v. Clayton County School District, et al. |
Dr. William Chavis ("Plaintiff") appeals the district court's grant of summary judgment for the Clayton County School District ("CCSD") and for the individual defendants on his federal civil rights and pendent state claims. We mainly must determine whether plaintiff has presented evidence supporting a cause of action under the second clause of 42 U.S.C. § 1985(2). * * * Plaintiff was hired by CCS $0 (08-07-2002 - GA) |
Kendall McCook and Virginia McCook v. Springer School District, et al. |
Plaintiffs, Kendall and Virginia McCook, appeal the district court's adverse grant of two separate summary judgment motions in their 42 U.S.C. § 1983 action against Springer Superintendent Freddie Cardenas, in his individual and official capacity; Springer Board of Education members Carlos Craig, Andres Ebell, David Gutierrez, and Ray McFall, in their individual and official capacities; the Spring $0 (08-06-2002 - NM) |
Duaut A. Daumutef v. Melvin L. Hollins |
Plaintiff, a prison inmate, brought this claim under 42 U.S.C. § 1983 for damages against prison officials who he claims arbitrarily censored his mail in violation of his First Amendment rights when they placed a 30-day "mail watch" on him. Plaintiff has a history of disciplinary problems in the prison system and involvement in an organization that advocates the overthrow of the government and oth $0 (08-01-2002 - NY) |
Larry D. Hysten v. Burlington Northern and Santa Fe Railroad Company |
Plaintiff Larry D. Hysten was employed as a journeyman freight car mechanic by defendant Burlington Northern ("Burlington Northern" or "BNSF") and its predecessor, Santa Fe Railroad, for approximately twenty-two years. His suit under 42 U.S.C. § 1981 consists of claims that Burlington Northern suspended him for forty days because he is an African-American and then engaged in retaliatory activity d $0 (07-31-2002 - KS) |
Dean Kinney and David Hall v. Bobby Weaver, etc., et al. |
Plaintiffs-Appellees Dean Kinney and David Hall brought suit against seven law enforcement officials, the seven cities or counties that employ these officials, and the East Texas Police Chiefs' Association,(2) asserting four claims: (1) a 42 U.S.C. § 1985(2) claim alleging conspiracy against Kinney and Hall because of their testimony in judicial proceedings, (2) a 42 U.S.C. § 1983 claim alleging v $0 (08-01-2002 - TX) |
Harrold Merritt, et al. v. Jerry Connell, etc., et al. |
In this 42 U.S.C. § 1983 action, the jury found that Bexar County, Texas, Constable Jerry Connell fired deputy constable Harold Merritt Hitt in retaliation for Hitt's exercise of his First Amendment right to freedom of association. The jury awarded Hitt $300,000 in compensatory damages, three-fourths of which was for non-pecuniary harms like "mental and emotional distress". The district court subs $76000 (08-01-2002 - TX) |
Diantha Smith v. Diffee Ford-Lincoln-Mercury, Inc. |
Diantha Smith ("Smith") was employed by Diffee Ford-Lincoln-Mercury, Inc. ("Diffee") of El Reno, Oklahoma. Smith's job title was "booker" or "warranty clerk," and her position required that she figure and prepare all warranty, internal, and customer pay repair orders for payment. Smith was a senior employee and apparently did her job well in most respects. Smith's supervisor, Warren Blackke $62785 (07-30-2002 - OK) |
Rose Nieves v. Board of Education of the City of Chicago, et al. |
Rose Nieves worked for the Chi-cago Board of Education (the "Board") from June 1984 until June 1998, with her last position being that of Security Supervisor II at Schurz High School. In June 1998, she received a letter from Sharon Rae Bender, the principal at Schurz, indicating that her position had been closed, and in July 1998 received a letter from Paul Vallas, then-CEO of the Chicago P $0 (07-30-2002 - IL) |
Marth L. Pike, et al. v. Kermit L. Osborne |
Cynthia J. Kincer and Martha L. Pike, former employees of the Wythe County (Virginia) Sheriff's Office, commenced this action under 42 U.S.C. S 1983 against Wythe County Sheriff Kermit L. Osborne, alleging that he failed to reappoint them because they sup- ported his opponent in a recent election and therefore that he violated their First Amendment right not to be retaliated against based on $0 (07-29-2002 - VA) |
Derrick D. Turner v. Arkansas Insurance Department |
Mike Pickens, the Insurance Commissioner for the State of Arkansas, appeals the district court's 1 denial of his motion for summary judgment on qualified immunity grounds. The issue presented on appeal is a narrow one: Whether, for qualified immunity purposes, it was "clearly established" on September 23, 1999, that 42 U.S.C. § 1981 conferred upon an at-will employee the right to be free from d $0 (07-22-2002 - AR) |
Vera Pool v. Doug VanRheen, Darcy Bjork, Don Dinwiddle, and Multnomah County |
Vera Pool appeals the district court's grant of summary judgment in favor of the Defendants on: (1) her fourth claim for relief against all remaining Defendants 1 for retaliation against Pool's exercise of her constitutionally protected right to free speech under 42 U.S.C. § 1983; and (2) her eleventh claim for relief against Defendant Multnomah County for retaliation under Oregon Revised $0 (07-22-2002 - OR) |
Alexis Kim Schrader v. Fred A. Ray, M.D., P.C. |
Plaintiff-appellant Alexis Kim Schrader appeals from the district court's order granting summary judgment in favor of defendant-appellee Fred A. Ray, M.D., P.C. ("Ray"), on Schrader's complaint brought pursuant to § 504 of the Rehabilitation Act of 1973, codified at 29 U.S.C. § 794 (the "Rehabilitation Act"). The district court held that Ray is not subject to liability under § 504 because it has l $0 (07-17-2002 - OK) |
Betty Weigel v. Baptist Hospital of East Tennessee |
Plaintiff-Appellant Betty Weigel appeals the district court's grant of summary judgment to Defendant-Appellee Baptist Hospital of East Tennessee ("BHET"). Weigel's suit alleged that BHET violated the Age Discrimination in Employment Act ("ADEA") by: (1) discriminating against her on the basis of her age in the terms and conditions of her employment while she worked as a nurse at BHET; (2) refusing $0 (07-15-2002 - TN) |
Paula A. Kipp v. Missouri Highway and Transportation Commission |
A little over two months after Paula Kipp filed a discrimination complaint with the Equal Employment Opportunity Commission against the Missouri Highway and Transportation Commission (MHTC), the MHTC terminated her employment. She sued the MHTC, alleging gender discrimination and retaliation under Title VII of the Civil Rights Act, and a jury found for the MHTC on the discrimination claim but $0 (02-20-2002 - MO) |
Edward L. Wholey v. Sears Roebuck, et al. |
The decisional issue before this C ourt is whether Maryland recognizes a common law public policy exception to the at-will employee doctrine whereby discharging an employee for investigating and reporting the suspected criminal activity of a co-worker would constitute a wrongful discharg e. We conclude tha t a clear pub lic policy mand ate exists in the State of Maryland which protects employe $0 (06-25-2002 - MD) |
John H. Townsend, III v. Lumbermans Mutual Casualty Company, d/b/a Kemper National Insurance Companies |
Plaintiff-Appellant John H. Townsend III ("Townsend"), filed an action against his former employer, Defendant-Appellee Lumbermens Mutual Casualty Company, d/b/a Kemper National Insurance Companies ("Kemper"), alleging that he had been demoted and ultimately fired because of his race--African-American--and that he had been retaliated against for complaining of race discrimination, in violation of 4 $0 (06-25-2002 - KS) |
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