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.
Wednesday, October 7, 2015
- US District Court ME: Two sentence opinion denies motion for summary judgment in disability discrimination case
- Bangor Daily: LePage’s order to investigate human rights panel revealed
- Bangor Daily: Former Southern Aroostook coach’s lawsuit allowed to proceed
- Press Herald: Former T-Mobile Maine employee, activists speak out about alleged sexual harassment
- Press Herald: LePage nominates five to fill vacancies on Maine courts
Friday, October 2, 2015
- US Supreme Court: Certiorari granted on question presented: Whether the First Amendment bars the government from demoting a public employee based on a supervisor’s perception that the employee supports a political candidate
- First Circuit: The court held that when a litigant seeks leave to amend after the expiration of a deadline set in a scheduling order, Rule 16(b)’s more stringent good cause standard supplants Rule 15(a)’s leave freely given standard; that a plaintiff may amend a complaint only once as a matter of course under Rule 15(a)(1) (not multiple times following each responsive pleading); but district court erred in applying Rule 16(b) standard because scheduling order did not specify a deadline for amending the pleadings
- EEOC: New FOIA Request Portal allows registered users to file and monitor FOIA requests online
- EEOC: Latest edition of “Digest of EEO Law” includes article that discusses the interplay between an employee’s right to religious expression in the workplace and the countervailing right of other employees to be free from a hostile or harassing work environment
- US District Court ME: On complaint arising out of fatal apartment fire, Magistrate Judge recommended dismissal of negligence claim for breach of the standard of care established by statutory warranty of fitness for human habitation where statute expressly states that “[t]he court may not award consequential damages for breach of the warranty of fitness for human habitation”
- US District Court ME: Magistrate Judge recommended denial of summary judgment for police officer on Fourth Amendment claim arising out of fatal shooting where it was disputed whether victim posed an immediate threat to officer, but summary judgment was recommended on claims against supervisor and municipality
- US DOJ: $120,000 settlement reached in Fair Housing Act complaint that alleged that district manager and maintenance worker sexually harassed female tenants
- Kennebec Journal: Maine Supreme Judicial Court to hear three appellate cases at Mt. Blue High School
- Bangor Daily: LePage seeks applicants for Maine District Court bench
Wednesday, September 30, 2015
- US District Court ME: Magistrate Judge ordered the production of documents from the personnel files of other employees whose workplace treatment the plaintiff alleged was either similar to, or inconsistent with his own, citing authority that “personnel files of comparable employees are discoverable in an employment discrimination lawsuit”
- US DOJ: Lawsuit filed filed under Title II of ADA against public elementary school for refusing to permit a student with disabilities to attend school with a service dog unless accompanied by a separate handler provided by the student’s family
- Press Herald: Former waitress agrees to settle religious discrimination lawsuit against Moody’s Diner
Saturday, September 26, 2015
- US District Court ME: In recommending denial of motion to dismiss defamation claim and motion for a more definite statement, Magistrate Judge found that complaint adequately alleged that plaintiff’s employment was terminated for making threatening statements and for failing to meet performance standards in connection with the termination of his employment, thereby meeting the First Circuit’s standard that defamation claims must assert the substance of the allegedly defamatory statements and the context of the publication
- US District Court ME: On Fourth Amendment excessive police force claim, the court denied defendants’ motion for summary judgment based on qualified immunity grounds, finding sufficient record support that defendants reasonably should have known that plaintiff ceased resisting and that the force that they employed after he ceased resisting was excessive
- Eleventh Circuit: The court joined five other circuits in holding that a prisoner has exhausted his administrative remedies under the Prison Litigation Reform Act when prison officials decide a procedurally flawed grievance on the merits, and district courts may not enforce a prison’s procedural rule to find a lack of exhaustion after the prison itself declined to enforce the rule
- US DOJ: New guidance document, “Protecting the Rights of Persons Living with HIV/AIDS,” gives overview of rights in public accommodations, employment, transportation, State and local government services, and telecommunications
- MHRC: October 26th Commission meeting Agenda posted
- MHRC: September 21st Commission meeting minutes posted
- Kennebec Journal: Sidney woman wins panel support in job discrimination complaint
- Bangor Daily: Lawsuit: More than 1,000 VWs in Maine had deceptive emissions software
Wednesday, September 23, 2015
- Ninth Circuit: The court found sufficient evidence to permit conclusion that child-abuse investigator seized plaintiff’s son without consent and without reasonable cause to believe that the boy was in imminent danger of serious bodily harm, thereby violating the plaintiff’s constitutional rights under the Fourth and Fourteenth Amendments
- Law Court: After discussing the difference between standing and subject matter jurisdiction, the court affirmed dismissal of foreclosure action without prejudice where bank lacked standing to bring claim
- Law Court: The court denied motion for reconsideration of dismissal of appeal for want of prosecution after appellant filed amended brief that still contained “so many errors that no reader is able to evaluate the assertions on appeal”
- Lawsuit over Bangor Taser death may go forward, judge rules
- Kennebec Journal: Injured Riverview mental health worker appeals lawsuit dismissal
Saturday, September 19, 2015
- US District Court ME: Magistrate Judge declined to apply Maine Health Security Act peer review privilege to shield requested documents from discovery in employment discrimination claim under the Emergency Medical Treatment and Active Labor Act because access to the peer review records of other physicians were essential for plaintiffs to have a legitimate opportunity to contest defendant’s contention that plaintiffs were terminated due to quality control concerns
- US District Court ME: In denying the motion for summary judgment on free speech claim by former school employee who spoke out against school consolidation, the court held, in part, that the evidence was sufficient to generate a triable issue as to whether the school board specifically delegated its authority to the superintendent, thus triggering municipal liability under § 1983
- Sun Journal: Human Rights Commission to take up three local cases Monday
- Press Herald: Capital Judicial Center has ceremonial opening
- Bangor Daily: Owls Head in mediation with auto repair owner suing fire department
Wednesday, September 16, 2015
- HHS: Proposed rule, “Nondiscrimination in Health Programs and Activities,” harmonizes protections provided by existing federal civil rights laws and clarifies the standards HHS would apply in implementing Section 1557 of the Affordable Care Act (providing that individuals cannot be subject to discrimination based on their race, color, national origin, sex, age, or disability), and makes clear that sex discrimination includes discrimination based on gender identity
- Seventh Circuit: In reversing summary judgment for treatment and detention center on civilly committed resident’s First Amendment claim, the court held that ban on “sexually violent” residents watching all R-rated movies and playing any M-rated video games was not shown to be reasonably related to the state’s interests in security and rehabilitation
- US District Court ME: The court denied defendant’s motion to stay Title VII claim that it failed to extend Plaintiff’s employee health benefits to her same-sex spouse, finding that defendant’s anticipated motion to dismiss in a class action with similar allegations in another court was insufficient to warrant a stay
- Maine Superior Court: In denying coverage under underinsured motorist provision in parent’s policy, the court found that daughter did not “primarily reside” with parents, as required by the policy, despite the fact that she stayed with them occasionally and kept belongings at their home, and despite her argument that “primarily reside” was ambiguous
- DOJ: $18,500 settlement reached in lawsuit alleging employer failed to reemploy woman after she returned from deployment with the National Guard in violation of the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA), which protects the rights of uniformed service members to retain their civilian employment following absences due to military service obligations
- MHRC: September 21st Commission Meeting Agenda and Consent Agenda posted
Saturday, September 12, 2015
- Second Circuit: In reversing summary judgment against the Equal Employment Opportunity Commission for conducting an inadequate pre-suit Title VII investigation, the court held that courts may review whether the EEOC conducted an investigation but not the sufficiency of an investigation
- First Circuit: Portland ordinance prohibiting standing, sitting, staying, driving, or parking on median strips violates First Amendment freedom of speech because it indiscriminately bans virtually all expressive activity in all of the City’s median strips and thus is not narrowly tailored to serve the City’s interest in protecting public safety
- Maine Supreme Judicial Court: Capital Judicial Center ribbon cutting September 18th
- EEOC: Jury awards $2,425,000 in compensatory damages and $15 million in punitive damages to the five female farmworkers who were sexually harassed and retaliated against
- EEOC: $160,000 settlement in ADA claim that employer refused to grant request by employee with mobility impairment to install an automatic door opener and fired him because of his disability and for requesting reasonable accommodations
Thursday, September 10, 2015
- US DOJ: New technical assistance issued on testing accommodations for individuals with disabilities who take standardized exams and other high-stakes tests lists as an example that an individual may be entitled to the use of a basic calculator during exams as a testing accommodation
- SCOTUSblog: Lyle Denniston’s summary of the Supreme Court’s November argument calendar includes a reference to an argument on November 2nd in case that will decide whether a technical violation of a federal law, without proof of specific injury, is a basis for a right to sue under Article III
Saturday, September 5, 2015
- Second Circuit: The court held a state employee may bring a retaliation claim under § 1983 against a supervisor who, acting under color of law, retaliates against employee for opposing discrimination in the terms of his employment; and that a § 1983 and Title VII plaintiff is not required to plead a McDonnell Douglas prima facie case
- Eleventh Circuit: The court followed the 1st Circuit (among others) in holding that nothing in the Prison Litigation Reform Act prevents a prisoner from recovering nominal damages for a constitutional violation without a showing of physical injury
- Law Court: In affirming nearly $1.9 million judgment for daughter who Superior Court Justice found had been repeatedly sexually assaulted by her father when she was a child, the court held that evidence that father had sexually assaulted plaintiff’s sister before going to college was properly admitted under Rule 404(b) to show motive and opportunity as opposed to propensity, and negligent infliction of emotional distress claim was supported because a “special relationship” imposed a legal duty on the custodial father to avoid causing severe emotional harm to his daughter through conduct that was sexually and physically assaultive and emotionally abusive
- Law Court: The court found no error in denial of request to call rebuttal witness, where witness was not identified in witness list pursuant to pretrial order (and the need for the witness had been foreseeable) and there was no offer of proof on how the testimony would only be “rebuttal evidence,” meaning evidence that “repels or counteracts the effect of evidence which has preceded it”
- US District Court ME: Following jury and bench trial on § 1983 Fourteenth Amendment claim that municipality deprived tenant of property (tenancy at will) without due process of law, the court held that, while city police improperly ordered tenant to vacate who had not been named in a Forcible Entry and Detainer Action or served with a writ of possession, city was not liable because order had not been made pursuant to an official policy or custom
- US DOJ: New tri-fold pamphlet explaining the rights of persons with HIV/AIDS under the Americans with Disabilities Act and the requirements of the ADA for employers, businesses and non-profit agencies that serve the public, and State and local governments includes statement that a health care provider “[m]ay not refer a patient with HIV or AIDS to
another provider simply because the person has HIV or AIDS” - US DOJ: $140,000 settlement announced in lawsuit alleging that university violated the Fair Housing Act by denying two different students with psychological disabilities requests to keep an emotional support dog with them
- Portland Press: Parents’ lawsuit says Maine DHHS failed to protect children from abuse in Lyman day care center
- Kennebec Journal: Winthrop woman sues Wal-Mart over denial of health benefits for wife in 2013
