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Tag Archives: Judge Henry F. Floyd

Applicant can’t show age was reason for non-promotion

Where a woman alleged she was not hired because of her age, but the hiring committee ranked three other candidates above her, including one who was older, and the winning candidate was selected because of his job experience, communication, executive ...

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Conductor’s insubordination led to his termination

Where the record showed a former Amtrak train conductor was terminated because of his insubordination, including repeatedly refusing the orders of the supervising trainmaster, Amtrak prevails on his race discrimination claims. Background Duncan E. Giles, a former Amtrak train conductor, ...

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Detainee’s suit against prison officials reinstated

Where a detainee alleged that prison officials violated his due process and First Amendment rights during a defective disciplinary process, the district court erred by granting summary judgment to the officials before any discovery occurred. Much of the evidence the ...

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District court erred in abstaining from suit

Where the district court abstained from a suit challenged West Virginia’s administration of child welfare services because it believed it would interfere with state-court proceedings, that was error. The principles of federalism are not served by abstention and, if plaintiffs ...

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