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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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