Legal Updates
John Gause monitors what’s happening in employment discrimination, civil rights, and tort law. He shares some of what he finds on this page.
Sunday, November 19, 2017
- US Supreme Court: Certiorari granted to decide the question presented whether the existence of probable cause defeats a First Amendment retaliatory-arrest claim as a matter of law
- US District Court ME: In employment discrimination case, Magistrate Judge denied defendants’ motion to compel production of plaintiff’s psychotherapy records with licensed clinical social worker despite plaintiff’s earlier expert designation of social worker and production of mental-health causation letter from social worker, where plaintiff later retracted expert designation and asserted psychotherapist-patient privilege
- US District Court ME: The court granted summary judgment for corrections officers on inmate’s § 1983 assault claim, finding that officers use of force in placing plaintiff in his cell was justified where plaintiff defied an order to remain in his pod, ran toward the cafeteria, refused to be placed in handcuffs, physically resisted efforts to place him in a cell, and kicked when corrections officers were attempting to subdue him
- US District Court ME: On § 1983 claim arising out of fatal shooting, the court granted police officer summary judgment based on qualified immunity finding officer reasonably determined that the decedent posed an immediate threat to police when he pointed his gun over their heads, and that no other remedial action was feasible given the tense, rapidly evolving situation and the various failed attempt s at deescalation
- EEOC: FY 2017 Performance Report includes that the EEOC filed 184 merits lawsuits, including 124 suits on behalf of individuals, 30 non-systemic suits with multiple victims, and 30 systemic suits, which is more than double the number of suits filed in FY 2016
- MHRC: November 13th Commission Meeting minutes posted
- MHRC: December 11th Commission Meeting Agenda posted
- Kennebec Journal: Human rights panel sides with employee in discrimination complaint
Friday, November 10, 2017
- Ninth Circuit: The court followed the Third, Seventh, and Tenth Circuits in holding that plaintiff in an employment discrimination claim may recover a “gross up” of a back-pay award if he is pushed into a higher tax bracket from receiving a lump sum back-pay award than he would have occupied had he received his pay incrementally over several years
- US Supreme Court: Federal Rule of Appellate Procedure 4(a)(5)(C), limiting extensions of time to file appeal to 30 days, is not jurisdictional and is subject to forfeiture if not properly raised by the appellee
- US District Court ME: After bench trial Judge ruled in favor of school district on unlawful retaliation claims, finding teacher failed to demonstrate that the true reason for the district’s adverse actions was related to her advocacy on behalf of disabled students
- MHRC: November 13th Commission Meeting Agenda and Consent Agenda posted
Saturday, November 4, 2017
- EEOC: Online public portal enables individuals to digitally sign and file a charge prepared by the EEOC for them, provide and update contact information, agree to mediate the charge, upload documents to his or her charge file, receive documents and messages related to the charge from the agency, and check on the status of his or her charge
- MHRC: 2017 Annual Report includes that disability discrimination represented 28.4% of complaints filed (an increase from last year’s 25.2%); retaliation complaints increased from 19.1% to 26.8% of complaints filed; whistleblower retaliation complaints decreased from 18.9% to 9.5%; and the Commission found “reasonable grounds” to believe discrimination occurred in 13.6% of the cases determined by the Commission after an Investigator’s Report issued (an increase from the prior year’s 11.2%)
- First Circuit: The court vacated dismissal of action for failure to prosecute, finding that dismissal due to attorney’s failure to appear at motion hearing was “too harsh” where attorney explained that he inadvertently neglected to put the hearing on his calendar
- US District Court ME: Changes to Local Rules, effective December 1, 2017, clarify, in part, that Federal Rule of Civil Procedure 6 applies to any period of time provided for in the Local Rules, and that discovery generally should not be filed with the Court
- Bangor Daily: Jury awards Maine man $2 million after botched hand surgery
- Bangor Daily: Biracial Maine family who won housing discrimination suit hasn’t seen any money
Friday, October 20, 2017
- Third Circuit: In holding that Title III of the Americans with Disabilities Act may require a movie theatre to provide a customer who is deaf and blind with an American Sign Language “tactile interpreter” (involving the recipient placing his hands lightly upon the hands of the interpreter, who is signing in ASL), the court held that a tactile interpreter is an “auxiliary aid or service” that may be required by the ADA, not a “special service” akin to Brailled versions of books in a bookstore, which are not required
- MHRC: Minutes of October 16th meeting include that the Commission found reasonable grounds in 13.6% of the cases it decided this fiscal year, compared with 11.2% in fiscal year 2016
- MHRC: November 13th Commission Meeting Agenda posted
Friday, October 13, 2017
- Law Court: The court held, in part, that a provision in a settlement agreement that stated, “[a]ny disputes that may arise during the drafting and execution of the settlement shall be submitted to [the mediator] for review and resolution,” required binding arbitration by the mediator any any disputes, not simply voluntary mediation
- MHRC: Practice Tips before the Maine Human Rights Commission document posted
Saturday, October 7, 2017
- US District Court ME: $118,363.60 in attorney’s fees and $11,702.45 in costs awarded following jury award of $15,000 in back pay on family medical leave claim
- US District Court ME: The court denied motion to dismiss Americans with Disabilities Act and Maine Human Rights Act (“MHRA”) disability discrimination claims brought against orthopedic surgeon for failing to treat plaintiff with Tourette’s syndrome, and sought further development of record on issue of whether MHRA 2-year statute of limitations should be equitably tolled until plaintiff had reasonable cause to believe she suffered unlawful discrimination
- US District Court ME: Summary judgment denied on 8th Amendment cruel and unusual punishment claims arising out of inmate receiving inadequate medical care resulting in the amputation of his toes
- EEOC: Latest edition of federal sector Digest of EEO Law includes article discussing newer types of race discrimination that have emerged in the 21st century federal, public, and private employment sectors; including associational discrimination, biracial discrimination, intersectional discrimination, same race discrimination, and perceived race discrimination
- Maine Superior Court: The court awarded $500,000 for loss of comfort and society and $250,000 in punitive damages following hearing on damages on Wrongful Death claim following murder conviction
- MHRC: October 16th Agenda and Consent Agenda published
- Bangor Daily: Maine soccer coach loses lawsuit over eye surgery
Friday, September 29, 2017
- US District Court ME: The court held, in part, that Title VII hostile work environment claim by federal employee was sufficiently administratively exhausted despite not being listed in EEO complaint where it could “reasonably be expected to grow” out of the formal complaint
- Law Court: Oral arguments scheduled for October 11th and 12th include Cum-17-54 (whether provision requiring arbitration in retainer agreement between lawyer and client was void as against public policy); Cum-17-114 (whether arbitration agreement in contract relating to computer software was binding); WCB-16-541 (whether driver for Regional Transport Program who was paid $0.41 per mile was an “employee” eligible for Workers’ Comp benefits)
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
Friday, September 8, 2017
- Sixth Circuit: The court held that a provision in a collective bargaining agreement that requires that a grievance be held in abeyance while an Equal Employment Opportunity Commission complaint is pending violates the anti-retaliation provisions of Title VII and the Age Discrimination in Employment Act
- Law Court: In affirming summary judgment for defendants in defamation claim brought by public-figure plaintiffs, the court held that evidence of falsity, even combined with the inference of ill will, would not be sufficient to support a clear and convincing determination of actual malice
- US District Court ME: Magistrate Judge granted motion to quash plaintiff’s subpoena for defendant’s Maine Human Rights Commission file materials relating to her own complaint against co-defendant, finding that defendant’s MHRC file involved claims, actors, divisions, and timeframes different from the plaintiff’s
- US District Court ME: Summary judgment granted on excessive force and disability discrimination claims, as well as claims under the Maine Civil Rights Act and the Maine Human Rights Act, following police shooting of mentally ill decedent 25 to 27 times after prolonged standoff
- MHRC: September 18th Agenda posted
- MHRC: Fair Housing Workshop scheduled for September 27th at the Knox County Superior Court
