Friday, September 22, 2017
- 11th Circuit: En banc decision held that employment discrimination plaintiff who failed to list discrimination claim as an asset in her bankruptcy proceeding would be equitably estopped from pursuing the discrimination claim if she “intended to make a mockery of the judicial system,” which requires consideration of all the facts and circumstances of the case, not simply that she knew of her civil claim when completing the bankruptcy disclosure forms
- EEOC: Suit filed by EEOC alleges nursing home violated Title VII when it prohibited black employees from entering certain resident rooms based on their preference for non-black caregivers
- EEOC: Q&A published describes federal employees’ rights under Section 501 of the Rehabilitation Act to the provision of “personal assistance services,” including “assistance with removing and putting on clothing, eating, and using the restroom”
- First Circuit: Summary judgment for police officers affirmed on qualified immunity grounds on Fourth Amendment claim arising out of property owner’s arrest after confronting utility workers on his property, where it was not enough to show that the officers may have been mistaken about whether plaintiff’s conduct provided probable cause to conclude that property owner had committed the offense for which he was arrested; rather, plaintiff had to show that it was clear under state law that there was not probable cause to arrest him for the crime
- US District Court ME: On motion to dismiss Fourth Amendment unlawful search and seizure claim, the court denied in part and granted in part motion to dismiss, finding that plaintiff’s allegations stated a plausible claims that defendants participated in a conspiracy to conduct an illegal seizure and search but did not state a plausible claim that they omitted probable cause factors from an affidavit in support of a search warrant
- MHRC: September 18th minutes reflect a moment of silence for former Commission Chair Paul Vestal, who passed away recently
