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Judge awards $42 million in back pay suit

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A Marion Superior judge is awarding more than $42.4 million to a class of thousands of former state employees who sued to recover back pay for unequal wages earned between 1973 and 1993.

Issuing a 27-page ruling today in Paula Brattain, et al. v. Richmond State Hospital, et. al., No. 49D11-0108-CP-1309, Marion Superior Judge John Hanley found in favor of four subclasses of plaintiffs who'd sued about 15 years ago and nearly reached a settlement last year.

Their award: $42,422,788.

The class in this suit entails as many as 15,000 former state employees. They wanted compensation for hours they worked but didn't get the same pay as fellow workers - the plaintiffs worked 40 hours a week and were paid the same as those who worked only 37 1/2 hours a week. The case almost reached a settlement last summer for $8.5 million, but that fell through and Judge Hanley held a bench trial in March. Plaintiffs had asked for anywhere between $40 million and $82 million.

Analyzing the four types of "split classes" the plaintiffs fall into depending on where they worked, Judge Hanley awarded $20.9 million to overtime eligible employees within state "merit agencies;" $16.7 million to overtime eligible workers not in merit agencies; $2.7 million to overtime exempt employees in merit agencies; and $1.9 million to overtime exempt employees not at merit agencies.

In his ruling, Judge Hanley noted a recent legislative special session estimate showing Indiana spends approximately $38 million per day every day to operate.

"The Court takes judicial notice of the present economic conditions in this country and the possibility that entry of a judgment in this amount will not be widely appreciated for that reason," the judge wrote. "However, these are political considerations and not legal ones. The parties have had numerous opportunities to resolve this litigation over an extended number of years, in good economic times as well as bad, without the necessity of judicial intervention, and they have failed to do so. This decision today is the necessary result of that failure."

Seeing the ruling today, one of the lead attorneys on the case said he thinks this could be the highest judgment imposed against the state.

"I haven't done the research, but I don't know of any state judgment that's reached this magnitude," said Indianapolis attorney John Kautzman, who worked along with Bill Hasbrook. "This is a tremendous win for the state workers who were discriminated against and have been long overdue to receive this pay. It's been a real journey and test of our patience and determination to keep fighting this for more than two decades. After finally having our day in court, the judge agreed with us."

Kautzman wouldn't comment on the possibility of appeal, but he hopes the state will work to coordinate a payment arrangement for the plaintiffs. He pointed out that "this isn't something that was created by the current administration... we are cognizant of that and don't blame the Daniels administration, but it's now this administration that must rectify the ills of previous administrations."

The Indiana Attorney General's Office is reviewing the ruling and is likely to appeal, according to the agency's public information officer Bryan Corbin.

Look for more on this ruling in the Aug. 5-18, 2009, issue of Indiana Lawyer.

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  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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