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Writers lose appeal against newspaper

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Two former editorial writers at Indiana's largest newspaper failed to prove they were the victims of religious discrimination, the 7th Circuit Court of Appeals ruled today.

James Patterson and Lisa M. Coffey claimed their former employer, The Indianapolis Star, engaged in systematic discrimination against "traditional Christians" who believe homosexual conduct is a sin. They said the Star's top editors opposed public expression of religion in the workplace and discriminated against those who opposed homosexual conduct because of their religion. Patterson and Coffey also argued the paper "softened" its views on homosexuality once Dennis Ryerson became the editor.

Coffey worked for the paper from 1999 until she resigned in October 2003 following an offer to move back ­- full time - to the copy desk, the position she held when she was first hired. The move was prompted by Coffey's continuous misuse of the paper's overtime policy, according to court documents.

While working as an editorial writer, her editors refused to publish an editorial about HIV risks associated with sodomy because of explicit detail about anal intercourse. She was also warned about proselytizing at work.

Patterson joined the Star as an editorial writer in 1995. Court documents note his work was repeatedly plagued with factual errors and often required printed corrections. Even after being placed on a performance-improvement plan, Patterson's editorial errors didn't decrease. Patterson, who is African-American, was fired after 18 months on the plan in May 2005.

In James Patterson and Lisa M. Coffey v. Indiana Newspapers Inc., No. 08-2050, the Circuit judges noted that it accepted the Star's version of the facts, just as the District Court did, because Coffey and Patterson didn't comply with Local Rule 56.1(b).

The Circuit Court then affirmed summary judgment for the Star, finding the two failed to make prima facie cases of religious discrimination. Although both established they belonged to a protected class and suffered an adverse employment action, they failed to prove they performed their jobs according to the paper's legitimate performance expectations and that they were treated less favorably compared to other similarly situated employees outside the protected class, wrote Judge Diane S. Sykes.

Neither employee could prove they were meeting the Star's legitimate performance expectations - Coffey repeatedly violated the overtime policy and Patterson continually made factual errors within his writing.

Patterson's claims for age and racial discrimination, and retaliation, also failed for the same reasons his religious discrimination claim did, the judge wrote.

The two also brought state-law claims for negligent infliction of emotional distress, which the District Court properly dismissed because getting fired from a job doesn't qualify.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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