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O'Bryant v. City of Midland3/6/1997
03/06/1997
Appellants are several police officers who sued their supervisors and the city that employed them, alleging the defendants had committed unlawful employment practices. The trial court adjudicated the multiple statutory, constitutional, and common law causes of action and two affirmative defenses by granting summary judgement in favor of the defendants. We will affirm in part, reverse in part, vacate a portion of the judgment, dismiss one cause of action, and remand some causes for further proceedings.
BACKGROUND
In 1982, appellant Milton O'Bryant began working as a licensed police officer for the City of Midland Police Department. In 1989, O'Bryant suffered a back injury while performing a physical strength test. In 1992, O'Bryant sued the Department in federal court, alleging violations of the Americans with Disabilities Act ("ADA"). See 42 U.S.C.A. Section(s) 12101-12213 (West 1995). The record does not reveal the disposition of that lawsuit.
Sometime in 1993, the Department discussed changing the job descriptions and requirements for some of its employment positions. In conjunction with these changes, the Department initiated a "temporary light duty" policy for injured officers. In accordance with this new policy, an injured officer could remain on light duty status for a limited period of time without being required to perform all the regular duties of a police officer. The Department also discussed "civilianizing" some of its employment positions.
As a result of these changes, O'Bryant was put on temporary light duty status. O'Bryant then sued the Department a second time in a class action, presumably complaining the Department's activities constituted unlawful employment discrimination. Appellants Cross, Hendon, Ortiz, and Rasco, officers who also alleged they suffered disabilities, joined the second lawsuit. For reasons not apparent in the record, the group voluntarily dismissed the class action.
After the class action was filed, each officer allegedly suffered what he considered to be negative or retaliatory action at the hands of the Department. The positions of O'Bryant, Cross, Rasco, Ortiz, and Hendon were eventually civilianized. Ortiz and Rasco were reassigned more dangerous and stressful shifts than they had previously worked. O'Bryant and Cross remained in their newly civilianized positions but their salaries were reduced in conjunction with the reclassification. When the Department later created a new position, O'Bryant and Cross were "bypassed" in the selection process, despite their professed interest in the position. Finally, Hendon was subjected to disciplinary proceedings for his involvement in two incidents, namely a high-speed chase and a minor traffic accident. Hendon also complains the Department initially denied him overtime pay he requested, although he ultimately received the pay.
The Department responds that each of its actions was justified under the attendant circumstances. The officers, on the other hand, contend the Department's stated reasons for taking the negative actions were mere pretext. The officers allege the Department treated them negatively because of their disabilities and their attempts to hold the Department accountable for unlawful discrimination. According to the officers, a Department employee overheard a conversation in which their supervisor, Lieutenant Marugg, expressed a desire to "do something about" the officers involved in the class action, suggesting that Marugg treated the officers negatively because of their involvement in the lawsuit.
Following the Department's alleged retaliation for their participation in the first two lawsuits, the
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