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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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