Civil Litigation
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Total Discrimination Cases: 2
Summary judgment was improperly affirmed by the appellate court where prisoner was subjected to cruel and unusual punishment. Prisoner had been handcuffed to a hitching post on two difference occasions as punishment for behavior and was not given sufficient water or bathroom breaks. The Supreme Court found that the defense of qualified immunity was not permitted at the summary judgment phase of the trial. The conduct of the guards clearly violated clearly established statutory or constitutional rights of which a reasonable person would have known.
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Apellate court found that the employer would not be violating the Pregnancy Discrimination Act when it offered modified duty solely to employees who are injured on the job, but not to employees who suffer from a non-occupational injury.
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