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7th Circuit affirms ruling against former jail nurses

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In a discrimination and hostile work environment case, the 7th Circuit Court of Appeals concluded for the first time that displays of confederate flags in the workplace may support a hostile work environment claim. However, the judges agreed with the District Court that several African-American nurses formerly employed by a Marion County jail could not support their legal claims.  

In Harriett Ellis, et al. v. CCA of Tennessee LLC d/b/a Corrections Corporation of America, No. 10-2768, former nurses of Marion County Jail II, privately run by CCA of Tennessee, filed a suit against the company claiming racial discrimination, hostile work environment, and that CCA of Tennessee constructively terminated their employment for complaining about problems at the jail in violation of the state whistleblower law.

The nurses’ examples of racial discrimination and hostile work environment were changing shift assignments so that everyone worked a different shift every month, a book found in an administrator’s office referencing monkeys in the work place as in “there is a monkey on my back,” the wearing of a confederate flag t-shirt by two different employees, and a doctor referring to an inmate whose last name was Cole as having the first name as either “black as” or “black ass.” The nurses later quit their jobs and filed this suit.

The District Court granted summary judgment for CCA of Tennessee, finding the plaintiffs didn’t create jury-triable issues on their claims of federal employment discrimination and state-law retaliatory discharge, as well as that one plaintiff’s lawsuit was barred by res judicata.

The 7th Circuit Court of Appeals agreed with the lower court that there were no genuine issues of material fact relating to the nurses’ legal claims. The judges did note that the 7th Circuit had never addressed the matter of whether displays of confederate flags in the workplace may support a hostile work environment claim. They agreed with other courts that those displays may support that claim. But in this case, the plaintiffs’ limited number or claims are insufficiently severe to support a hostile work environment claim, wrote Judge Joel Flaum.

Also, summary judgment was appropriate on their whistleblower claims because they pointed out no violation of a state law or rule, or anything else within the whistleblower act’s ambit.

The judges did find that the District Court erred in concluding that one plaintiff’s lawsuit was barred by claim preclusion. Plaintiff Patricia Forrest had filed an earlier unsuccessful federal lawsuit, and the District judge believed Forrest could have amended her complaint in the earlier suit to allege conduct that occurred between the time when she filed the suit and the time when CCA of Tennessee moved for summary judgment. That conclusion didn’t accurately reflect caselaw, wrote Judge Flaum, but the error was a harmless error. The plaintiffs didn’t argue that her claims differed on the merits from the rest of the plaintiffs’ claims.
 

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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