Tenth Circuit – Page 30

Tenth Circuit: College Decision to Discharge Chief Information Officer for Criticizing Contractor Not Violation of First Amendment

D. Scott Crook - February 23, 2011 - First Amendment, Government Employees, Government Employer, Public Concern, Tenth Circuit

In Sarkar v. McCallin, the Tenth Circuit affirmed a trial court’s decision to dismiss a case that a Chief Information Officer brought against his former employer. The CIO argued, among other things, that he was dismissed for exercising his First Amendment rights in complaining about the contract performance of one of the computer software vendors providing services […]

Tenth Circuit: Not Unreasonable to Send Employee Home to Establish Ability to Continue Working When Employer is Ignorant of Disease Disclosed by Employee

D. Scott Crook - February 10, 2011 - Americans with Disabilities Act (ADA), Discrimination, Tenth Circuit

In Fryer v. Coil Tubing Services, the Tenth Circuit Court of Appeals affirmed a trial court’s decision dismissing an employee’s Americans with Disabilities Act (ADA) claim. In this case, the employee disclosed to his employer that he suffered from Hepatitis C. The human resource manager he discussed the disease with admitted she was unaware of […]

January Was A Busy Month for the Courts!

D. Scott Crook - February 7, 2011 - Tenth Circuit, United States Supreme Court, Utah Court of Appeals, Utah Supreme Court

As you have probably noticed, it has been a long time since I posted anything on my blog. Please excuse me for failing to do so. From December 23rd to February 7th was an exceptionally busy time for me. It included year-end partner meetings, a trial, and deposition preparations. In any event, in the approximate six […]

Tenth Circuit: Jury Got It Right—Charter School Did Not Violate Teacher’s Right When It Banned Gossip and Discussions about School

D. Scott Crook - December 15, 2010 - First Amendment, Government Employees, Government Employer, Tenth Circuit

In Dillon v. Twin Peaks Charter Academy, the Tenth Circuit Court of Appeals upheld a jury verdict against a teacher’s claims of violation of her free speech and association rights by a charter school. The teacher claimed that the charter school’s ban on gossip and command “forbidding teachers from discussing school matters outside of school” […]

Tenth Circuit: No Claim When Deputy Quit Rather than Accept Reassignment

D. Scott Crook - December 14, 2010 - Due Process, First Amendment, Government Employees, Government Employer, Retaliation, Tenth Circuit

In Lauck v. Campbell County, the Tenth Circuit upheld a district court’s ruling that dismissed a case against a sheriff’s department brought by a deputy after he was reassigned to the Civil Process Division. Although the deputy claimed that his reassignment constituted a demotion, because his pay and rank were the same before the transfer, […]

Tenth Circuit: Because Police Officer Was Given An Extensive Opportunity to Rebut Claims He Had No Complaint

D. Scott Crook - December 11, 2010 - Government Employees, Government Employer, Tenth Circuit

In Skogen v. Overland Park, the Tenth Circuit ruled that a police officer who had been terminated for off-duty conduct had no complaint for a violation of due process because an extensive investigation was conducted before he was fired. The court also concluded that the police department had a significant interest in preserving the integrity […]

Tenth Circuit: Municipality Not Liable for Employing Badly Trained Forensic Expert

D. Scott Crook - December 6, 2010 - Government Employees, Government Employer, Tenth Circuit

In Bryson v. Oklahoma City, the Tenth Circuit Court of Appeals ruled that Oklahoma City had no liability for its failure to properly supervise and train an expert forensic chemist who had testified in a trial that DNA from the plaintiff was found on a rape victim even though the tests clearly exonerated the plaintiff. […]

Tenth Circuit: Nurse who Resigned on Advice of Supervisor did not Have claim for Discrimination

D. Scott Crook - November 16, 2010 - Americans with Disabilities Act (ADA), Disability, Discrimination, FMLA, Tenth Circuit

In Chaplin v. Park Hospital District, Inc., the Tenth Circuit Court of Appeals ruled that a nurse who resigned her position in reliance upon her supervisor’s statement that she would likely become the new Unit Coordinator could not bring claims for disability discrimination and FMLA violations because the record established that being placed in that […]

Tenth Circuit: Excluding Witness Testimony of Other Employees who Made Ageist Remarks Permissible

D. Scott Crook - November 13, 2010 - Age Discrimination in Employment Act (ADEA), Discrimination, Tenth Circuit

The Tenth Circuit Court of Appeals ruled in Mendelsohn v. Sprint/United Management Company that the district court did not abuse its discretion when it excluded testimony of witnesses who claimed to hear ageist remarks before a RIF that included the plaintiff. The court reasoned that because the plaintiff alleged only that her RIF was inconsistent […]

Tenth Circuit States Once Again: Title VII of the Civil Rights Act Does Not Create a General Civility Code

D. Scott Crook - November 5, 2010 - Discrimination, Tenth Circuit

In Musungayi v. Whirlpool Corporation, the Tenth Circuit Court once again reaffirmed the principle that Title VII of the Civil Rights Act does not create a general civility code. The court agreed with the district court’s decision that the plaintiff had not stated a claim of discrimination despite the fact that some coworkers made stray […]