Per the FMLA, the employee is ordinarily entitled to return to the same shift or equivalent work schedule. In Hunt v. Rapids, the employee contended that the full-time nurse night shift position was not equivalent to the day shift position. The Medical Center contended that the positions were equivalent because the compensation and duties were the same. Hunt v. Rapids Healthcare Sys, 277 F.3d 762 (5th Cir. La. 2001). However, the court of appeals reversed the summary judgment in favor of the employer because it violated her substantive rights under the FMLA by failing to restore her to her previous or equivalent position when she returned from her leave. Id. at 772. Similarly, in Ball v. Ohio Ambulance Solutions Inc. the plaintiff, a former
he was dangerous to no one, that he was not mentally ill, and that the hospital was not providing
The case Cruzan v. Missouri Department of Health was heard by the Supreme Court in 1990. Originally the case was started when the Missouri Department of Health refused the request of Nancy Beth Cruzan's parents to take their daughter off of a Feeding and Hydration Tube that had been on their child for 3 years. Nancy Cruzan was driving one night and it was guessed her car hit a ice patch and spun out of control. Nancy was thrown 30 feet from her car (she was not wearing a seatbelt) and was found by a trooper who could not tell how long she had been face down in the snowy ditch. At the hospital the doctors noticed that she had been without oxygen in her brain for fourteen minutes. Any person who is without oxygen in their
Facts of the case: Robert Anthony Williams, also known as Anthony Erthel Williams, escaped from a mental hospital and briefly lived at the YMCA located in Des Moines, Iowa. Soon after, on Christmas Eve in 1968, a 10-year old girl had disappeared from that YMCA while at her brother’s wrestling match. A boy in the parking lot saw Mr. Williams carrying a large bundle to his car with two “skinny” and “white” legs inside of it.
Plaintiff, Deborah Burke, submits this memorandum in opposition to Defendant Strickland Watson Pierce, P.C.’s Motion to Dismiss. Plaintiff’s retaliation claim should not be dismissed because she exhausted all the administrative remedies by filing a charge of discrimination with the EEOC and being terminated during the investigation. Jones v. Calvert Group, Ltd., 551 F.3d 297 (4th Cir. 2009); Clockedile v. New Hampshire Dept. of Corr., 245 F.3d 1 (1st Cir. 2001); Franceschi v. U.S. Dept. of Veterans Affairs, 514 F.3d 81 (1st Cir. 2008). Further, the conduct she suffered in the workplace was sufficiently severe to qualify as a sexually hostile environment. The Court should deny the motion.
Following his usual patrol on a downbeat for several years, a Cleveland detective saw two strangers i.e. the petitioner and Mr. Chilton on a street corner. The two were observed proceeding alternately back and forth along a similar path in which they stared at the same window store for approximately twenty-four times. After completing the route, these individuals met at a corner where they were joined by another man who left quickly. In addition to suspecting the two men, the officer followed them and observed them rejoin the third individual a few blocks away.
The Illinois trial court denied motion to suppress, finding the gun was recovered during a lawful stop and frisk. The Illinois Appellate Court reversed Wardlow 's conviction, concluding that the gun should have been suppressed because Officer Nolan did not have reasonable suspicion sufficient to justify an investigative stop pursuant to Terry v. Ohio, 392 U. S. 1 (1968). 287 Ill. App. 3d 367, 678 N. E. 2d 65 (1997). The Illinois Supreme Court agreed. 183 Ill. 2d 306, 701 N. E. 2d 484 (1998). While rejecting the Appellate Court 's conclusion
Along with protests, many people went to trials discussing what was legal, what was an injustice, and many other complaints regarding the issue of slavery. One particular case was the Dred Scott v. Sandford case. Dred Scott was a slave who lived in many places with his owner. Shortly before his owner, Peter Blow’s death, Scott and his owner, moved back to slave territory (OI). Blow sold Scott to Dr. John Emerson just before he died. After working with Emerson, they moved to Illinois, a free state, where they stayed for many years (OI). They then moved farther up North the Mississippi River, where Scott even got married (OI). The Scotts moved back and forth betwixt different states, both free and slaves; Scott’s wife had her child in Fort Snelling
Scrava school of health,sciences and engineering is a public school who has been dealing with the problem of an increasing amount marijuana use. Principal lyons in order to less this problem, enforced a number of new preventive solutions such as regular usage of drug dogs. Although these methods worked, it also made students more sneaky about the usage and distribution of marijuana on school property. For example a group of kids made an exclusive facebook account where they could discuss drug deals. After awhile the school received a tip from an anonymous person about the facebook account and Cruman a junior who attended Scrava. The school was informed Cruman was planning a drug deal later that day. Cruman was brought into the principal office
Few facts about the case is that this case was related back and forth to the Reynolds v. slims (1964) cases which is the cases where the “one person, one vote” developed. This case brought up many questions such as Is it even feasible to move from total population to eligible voter standard? What is the basic constitutional value that one person, one vote serves? Some were against the case some were not but the ones who were, were mostly people that did not live in cities. Some argument was that they saw no issue and then others saw it as a problem. Furthermore, due to the fact that Texas uses total population in each district, it created an issue with both Texas residents Sue Evenwel and Edward Pfenninger.
The Dred Scott Decision was a famous Supreme Court case deciding over the rule of slavery in newly discovered territory. The decision occurred in 1857 and affirmed that slaveholders should have the right to take their slaves to the west . The Decision took three attempts to finally reach a decision of whether an African American living in recently developed land should be free or not. Below I will discuss the life of Dred Scott, the Scott v. Emerson Case, and the Scott v. Sandford Case, and what happened to slavery in the proceeding decades.
A medical malpractice case was filed by Mr. William M. Odom and Mrs. Ramona R. Odom in 1994 against the State of Louisiana through the Department of Health and Hospitals. They lost their fourteen year old adopted son named Joseph Paul Odom (Jojo), who died of hypoxia at the Pinecrest Development Center in Louisiana, due to nursing negligence, on August 19, 1994.
Ammar). It is clear from the Supreme Court's statements that the Sixth Amendment right to counsel, as enunciated in Massiah v. United States and United States v. Henry, does not extend to the pre-indictment period. The taped conversations at issue in defendant's motions all took place prior to defendant's January 24, 2006 federal indictment while defendant was incarcerated for state parole violations. Even though defendant faced charges in state court, because defendant had yet to be charged in a federal indictment, defendant's right to counsel had not yet attached with respect to the federal charges. The Court denies Henry’s argument for suppression based on the Sixth Amendment right to
Terry v. Ohio was a pivotal case for the Fourth Amendment and for the citizens of the United States of America. As referenced by the American Civil Liberties Union of Ohio, in nineteen sixty three an off duty detective in Cleveland, Ohio stopped and frisked two African American men and one white man based on a ‘reasonable suspicion that the men were about to commit a crime’ (ACLUOhio, 2014). The ruling of this case has set in motion the gross abuse of stop and frisks in minority communities and among minority races in the twenty-first century; ultimately racial profiling in a post-racial era.
In 2012, a marine project manager called Bellingham Marine Inc. (“Bellingham”) hired Major Engineering Marine Inc. (“Major”) for a project to build a travel lift pier at a harbor. Bellingham then hired a civil engineering firm, Moffatt & Nichol
Several weeks ago John told employees their work schedule would change from 6:45 AM to 7:00 PM (for the night shift from 6:45 pm to 7:00 am), resulting in employees working less than a 12 hour shift and losing a total of 1.5 hours per pay period if they work 3 shifts per week. Originally the schedule was from 6:45 am to 7:15 pm to account for the half hour lunch break. According to an employee (who was at the employee meeting when John announced it), he said he was doing this to save money to hire another nurse. According to what Christina is seeing, they current nurses are now working 13 hour shifts.