Court upholds discrimination claims in coroner's office

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The 7th Circuit Court of Appeals affirmed the finding that an African-American Marion County Coroner took action against his white chief deputy coroner because of race, but ordered a reduction in the amount of compensatory damages the deputy coroner could receive.

John Linehan was stripped of certain duties as chief deputy coroner and eventually fired by then-coroner Dr. Kenneth Ackles. Ackles chose Linehan as his chief deputy coroner when he was elected. Ackles wanted to find a way to have more African-Americans work in the office.

Issues arose between Ackles and Linehan when Linehan wanted to discipline Alfarena Ballew, an African-American female deputy coroner, who was late to meetings, crime scenes, and the hospital. Ackles did not want to discipline her. Linehan prepared a written reprimand. Ballew later sent an anonymous letter to members of the City-County Council accusing Linehan of ghost employment.

Other incidents occurred that led to Linehan filing a complaint with human resources that he worked in a hostile environment. That same day, Ackles told Linehan he was going to make a change in chief deputies and later stripped him of some duties. Ackles fired Linehan in December 2005.

An administrative law judge and the Equal Employment Opportunity Commission found the coroner’s office took action against Linehan based on his race and in retaliation for an internal complaint Linehan filed against Ackles. He received front and back pay, attorney’s fees, and $200,000 in compensatory damages.

The 7th Circuit granted the coroner’s office’s petition for review and affirmed the findings of discrimination and retaliation weren’t erroneous in Marion County Coroner’s Office v. Equal Employment Opportunity Commission and John Linehan, No. 09-3595. The judges did reduce the $200,000 compensatory damages award because of a lack of evidence supporting that amount. The testimony was brief and only indicated that Linehan had undergone weekly therapy sessions for several months for situational depression, wrote Judge Terence Evans.

Although the coroner’s office argued Linehan should receive no award, the judges found some measure of compensatory damages for emotional distress is warranted. They suggested $20,000, but if the respondents don’t consent to the remittitur, there should be a new hearing on the issue.


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues