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Court deputy alleges discrimination

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A Marion County deputy sheriff is suing her employer, claiming the sheriff's department discriminated against her when it selected male deputies for open positions within the court system.

Rita Smith filed suit Wednesday in the U.S. District Court, Southern District of Indiana, Indianapolis Division. In her suit, Smith v. Marion County Sheriff's Department, No. 1:09-CV-1058, she claims the Marion County Sheriff's Department violated the Family Medical Leave Act, discriminated against her because of her sex, and retaliated in violation of Title VII when she complained about discriminatory practices.

Smith joined the department in October 2005 and was transferred to the position of "court line" deputy in Marion County courts in August 2006. After one day of working in Marion Superior Court 9 in 2007, she was replaced by a male deputy. Smith alleges the MCSD falsified information stating the judge asked she be removed from the court.

Smith also alleges that she was constantly passed over for open deputy positions within the court system and those jobs were given to other male candidates with less seniority. She was also removed from a court line deputy position in Court 17 in March 2007 after conflict with her male partner. She believes he should have been removed because he instigated the conflict and she had seniority.

She also had been told deputies wouldn't be allowed to move with their judges if the judge is relocated to another court, although several male deputies who wished to move with their assigned judges were allowed.

Smith claims the MCSD harassed her about not showing up for roll call even though she was on approved Family and Medical Leave Act leave and that the department retaliated against her for vocalizing her objections to sexist, discriminatory practices.

Smith wants the court to enjoin MCSD from engaging in further acts of discrimination and retaliation, and to promote her immediately to a position in a major felony court. She also wants payment of any lost wages and money suffered as a result of the department's alleged unlawful actions, punitive damages, payment of her attorneys' fees, and any other relief to which she may be entitled.

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  1. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. 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.

  5. 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.

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