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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.