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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. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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