475 Mich 30 (2006). When does the clock start ticking on an employee’s claim of discrimination? In this case, a female employee resigned then sued the city for age and gender discrimination which she said occurred over a period of time by a supervisor who left employment of the city two months before she did. There is a three-year statute of limitations on civil rights claims. While the trial court and court of appeals found in favor of the plaintiff, the supreme court held that the time for claiming the alleged discrimination began when it occurred, not when the employee resigned The Supreme Court specifically overruled its prior decision in Jacobson v. Parda Fed Credit Union, 457 Mich 318 (1998).
United States District Court, Western District, Southern Division Case No. 1:14-cv-1285. When the city of Grand Rapids terminated the city clerk she sued, alleging race and gender discrimination. Because she was an appointee the plaintiff was not entitled to Title VII protection, as RSJA successfully asserted in its motion to dismiss noting, among other things, that the newly appointed replacement clerk was also African American and female.
Unpublished Court of Appeals #334917 (2017). Plaintiff was a contractual consultant who services were terminated by the Court. Plaintiff sued alleging violation of the Whistleblower Protection Act. RSJA attorneys obtained an early dismissal of this case with the argument that Plaintiff was not an employee entitled to protection under the WPA. Defendants also obtained sanctions for plaintiff’s filing of this frivolous suit. The ruling of the lower court, including the order that plaintiff pay sanctions was upheld on appeal.
Unpublished Court of Appeals #330689 (2017) Plaintiff Phillips was a City police officer who alleged religious discrimination after his employment was terminated for misconduct. After extensive discovery, the trial court found that Plaintiff did not have admissible evidence that he was terminated because of his religion. The Court found that the City had legitimate reasons for the dismissal and granted Summary Judgment. The Court of appeals affirmed.
United States District Court, Western District, Southern Division Case No. 1:14-cv-1285. When the city of Grand Rapids terminated the city clerk she sued, alleging race and gender discrimination. Because she was a political appointee the plaintiff was not entitled to Title VII protection, as RSJA successfully asserted in its motion to dismiss. Plaintiff’s discrimination claims were also dismissed because she was replaced by someone in the same protected classes.
304 Mich App 637; 848 NW2d 200 (2014) (briefed and argued): Although a law-enforcement agency, during internal-affairs investigations, may compel its officers, on penalty of discharge, to give statements on the subject of the investigation, the constitutional right against self-incrimination prohibits the use of those forced statements against the officers in later criminal proceedings brought against them. The Michigan Court of Appeals held that the statute limiting public inspection of law enforcement officers’ involuntary statements does not permit a private cause of action for monetary damages by an officer against a law enforcement agency.
USDC, Southern Division 15-12803. In this case, the federal District Court granted an early Motion to Dismiss on several of Plaintiff’s claims as a matter of law based upon immunity and because the Plaintiff did not sufficiently allege a valid basis for her claims. After discovery, the Court granted the Township’s Motion for Summary Judgment, finding that Plaintiff had no evidence of an unconstitutional custom policy or practice on the part of the Township. (2018)
Oakland County Circuit Court number 15-149016-CK. An elected official, even one who receives compensation, does not have access to the same remedies as a municipal employee, as demonstrated in this case, where an elected treasurer sued the township, alleging violation of the Michigan Whistleblower’s Protection Act. RSJA strategically chose to file an early motion for summary disposition instead of an answer to the complaint, which the court granted. The maneuver spared the township the time and expense of protracted litigation.