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Tag Archives: Judge Paul V. Niemeyer

Mockery doesn’t back hostile environment claims (access required)

Although the native of El Salvador alleged sheep-related comments and mockery were motivated by racial animus, because they compared a person to animals, the comments were insufficient to constitute a hostile work environment based on race because the plaintiff cited ...

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Inmate raises successful ADA and equal protection claim (access required)

Where an inmate with a medical condition had performed various prison jobs, he successfully alleged facts showing that after he was hospitalized for a short time, prison officials regarded him as disabled and as a consequence, he could not participate ...

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Airline failed to reemploy pilot, violated USERRA (access required)

Although the pilot was not cleared to fly, an airline nevertheless violated the Uniformed Services Employment and Reemployment Rights Act, or USERRA, by not reemploying him “promptly” in an alternative position. Background As Thomas Harwood neared completion of a tour ...

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Scope of search warrant was proper, supported by common sense (access required)

After officers observed a still-smoldering marijuana cigarette lying in an open trash can in the kitchen, a fair probability existed that further evidence of the defendant’s crime would be uncovered elsewhere in the house, thus supporting a warrant to search ...

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