April 2013: $70,000 Settlement in Police Brutality Suit Against Minneapolis Officer

by Joshua Newville on April 18, 2013Joshua Newville

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The ability to safely, calmly, and professionally interact with the public without violence is an intrinsic and basic part of law enforcement.  In a case settled this past Friday with the City of Minneapolis, Madia Law client Ernest Abbott alleged that on November 12, 2009, Minneapolis Police Officer Christopher Steward showed a lack of those essential skills, a shocking disregard for Mr. Abbott’s rights and dignity, and a disrespect for the laws of the United States.  Mr. Abbott, who was 16 years-old and weighed 130 pounds, alleged that Officer Steward severely beat him, kicking and stomping on his head and face.

On October 16, 2012, Madia Law, on behalf of Mr. Abbott, sued Officer Steward (individually and in his official capacity as a Minneapolis police officer) in United States federal District Court.  The Complaint included charges of unlawful arrest, unreasonable search and seizure, and excessive force, all in violation of the 4th Amendment of the United States Constitution.
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The Fair Labor Standards Act (“FLSA”) is a federal law that, among other things, prohibits employers from failing to pay overtime to its employees and attempting to avoid paying overtime by classifying employees as “salaried” who should, by law, actually be paid for each hour worked.  For such employees, time worked over forty hours must be compensated at time and a half.  Minnesota also has a version of the the FLSA under its own state laws.

On February 18, Madia Law filed a class and collective action lawsuit in federal court against Regency Beauty Institute (a national for-profit cosmetology school) on behalf of employees in Regency’s admissions department who were: (1) initially misclassified as “salaried” employees, (2) were not paid for time worked over forty hours during the misclassification period, and (3) after they were properly classified as “hourly” employees, were required to work off the clock so Regency could avoid paying them overtime wages.

On Friday, Madia Law also filed a motion for conditional class certification, which United States District Court Judge Donovan Frank will hear in early June.  The following includes a summary of the allegations contained in the filings.

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Madia Law settled a shocking case of sexual harassment and workplace intimidation that eventually led to the Plaintiff developing Post Traumatic Stress Disorder.


A female employee, “Mary”, was sexually harassed and intimidated by her male supervisor. Despite repeated attempts by Mary and others to report the supervisor’s behavior, he remained employed for nearly two years because a department manager repeatedly refused to take any action.  The supervisor’s constant harassment and terrorizing of Mary had a devastating effect on her life.

On Mary’s behalf, Madia Law sued the employer approximately one year ago, charging violations of the Minnesota Human Rights Act and common law infliction of emotional distress.  The suit has now settled for $125,000.  A summary of the events leading to the case follows:  [click to continue…]

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It’s a tactic long used by defendants in both civil and criminal cases.  From charges of rape to sexual harassment, men take the stand and point the finger at their female victims.  Claiming that they “asked for it,” or that they “wanted it,” such men have often found sympathetic audiences in judges and juries.

In three recent and sensational examples (one in Iowa, one in Minnesota, and one in Arizona), Defendants’ attempts to use the “blame her defense” have yielded strikingly different results.  While the cases are very different, both legally and factually, they serve as fascinating examples of a kind of defense that, despite such protections as Title VII and the Minnesota Human Rights Act, female victims must continue to grapple with.

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Madia Law, representing a woman who worked at a Twin Cities technology company, has initiated a sex discrimination lawsuit against the company pursuant to the Minnesota Human Rights Act.  Just prior to the Plaintiff’s hire, the company (which has been in business for decades) employed dozens of men and not a single woman.

In Fall 2012, the Plaintiff commenced employment as a department manager. Around the same time, the Defendant hired two other women. During her interview, a senior-level executive told the Plaintiff that although he was willing to hire her, the company had bad past experiences with women and “doesn’t like to hire” them.  Shortly after starting, the Plaintiff was told that she would have to “prove” herself by, “doing better than any man” if she wanted to keep her job; she was also repeatedly told that she was, “at a disadvantage” because she was a woman. [click to continue…]

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The Twin Cities leads the nation in racial inequality in the workplace.  A study released last month by the Institute on Metropolitan Opportunity at the University of Minnesota Law School suggests one potential contributory reason for the inequity between black and white employees in Minneapolis and St. Paul: segregation that begins in school.

In the late 1980′s, Minnesota began allowing for open enrollment between school districts.  Provided that parents provide for transportation if they elect to put their children in a school outside of their home district, they may send their children to whatever Minnesota public school district they see fit.  The study results suggest, however, that racial discrimination may be one reason parents are choosing to send their children’s to different districts.  According to the Star Tribune:

STUDY’S MAIN FINDINGS:

• The three large city districts of Minneapolis, St. Paul and St. Cloud each lose substantial numbers of students under open enrollment. Loss of white students to nearby districts represents a large majority of each district’s net losses.

• Suburban districts losing the most students to open enrollment include a group of diverse inner- and middle-suburban districts which lose substantial numbers of students.

• Districts gaining the most students from open enrollment are predominantly white districts that receive students from more diverse districts.

and,

The key finding: white students who choose to open enroll often leave diverse districts to attend schools with a higher percentage of white students.

Not only is white-flight a problem at inner city schools, but attempts to encourage racial integration among suburban districts is being met with fierce opposition. In September 2011, Superintendent Melissa Krull was forced out of the Eden Prairie School District when parents became enraged at her efforts to ensure racial integration.

The fact that there is also an achievement gap between black and white students in Minnesota and that the Twin Cities leads the nation in racial inequality in the workplace means the study’s results are especially concerning.  According to the Minnesota State Demographic Center, “By 2035, 44 percent of Hennepin County residents and 48 percent of Ramsey County residents will be people of color. In the suburbs, the non-white population will double by that time.”  If the Twin Cities is unable to address the matter, we may be headed in the direction of Milwaukee - the most segregated city in America.

According to one study, the employment discrimination situation in Milwaukee is grim:

“A young, white, male high school graduate with a felony conviction applies in person for entry level jobs as a driver, a dishwasher, a laborer, warehouse worker and production worker that are advertised in the newspaper and admits to employers that he served 18 months in prison for possession of cocaine with intent to sell.

A young black man with similar education, work history and style of presentation, but with no criminal record, applies for the same jobs.

Who do you think is more likely to be called back?

If you picked the white man with the felony conviction, you guessed right.

This study offers evidence that discrimination remains a major factor in the economic lives of black men, and highlights the fear and misunderstanding of black males that permeate the local job market.

Devah Pager, a sociologist at Northwestern University in Evanston, Ill., sent equally matched pairs of testers – two black and two white – to apply for low-skilled jobs at 350 places of employment in the Milwaukee area and found that white ex-offenders were more likely to be called back for an interview than black applicants who had no criminal record.

Students test employers

In this detailed study, bright, articulate, college students posed as job applicants. Even though the results were strikingly close, black men without criminal records were called back only 14% of the time, while whites with criminal records were called back 17% of the time.

The study, titled “The Mark of a Criminal Record,” was conducted in Milwaukee between June and December 2001, and the results were released last month.

“It shows there’s a great deal of work that has to be done in the education of employers and working on attitudes,” says Julia Taylor, president of the Greater Milwaukee Committee. “This type of racial disparity in employment practices really impacts us as a region. It impacts our work force, and it really impacts how the inner-city moves forward.”

Pager chose Milwaukee for her experiment because it is representative of most large metropolitan areas in its size, racial demographics and industrial base, she says.

The study’s findings would surprise few African-Americans in this city, who know from experience that this kind of discrimination exists in the job market. Research shows that white Americans, however, have been led to think that direct, racial discrimination of this nature has become less of a problem in our society.”

The combination of the current employment inequities with school district white-flight and the expected demographic changes in the Twin Cities over the next 20 years suggests that racial discrimination by employers may not be going anywhere, and may even suggest a potential increase in race discrimination cases pursuant to Minnesota and federal employment laws.

In disparate treatment cases, employers are found to be liable for racial discrimination if the employer treats employees in similar situations differently based upon race. As an example, if an employer fires John for being late but does not fire Jane for being late, and the only reason for the difference in treatment is because of John’s race, that employer will be held liable for the discrimination. In disparate treatment cases, employment lawyers seek to highlight facts that show obvious racial bias, prejudice, etc. Such facts include things such as a supervisor’s use of derogatory slurs, or something as subtle as a supervisor consistently ignoring employees of a specific race in the break-room.

In disparate impact cases, employers are found to be liable for racial discrimination if the pattern and practice of the employer is such that there is an adverse and differing impact to employees of different races. So, even if there is nothing that blatantly suggests racial discrimination, an employer can be held liable if there is a disproportionate difference in how their employees are affected. Discrimination in hiring practices is one scenario that is more likely to be a disparate impact case than a disparate treatment case. Although an employer may appear to be facially neutral in its hiring practice, even subconscious racism by a hiring manager, for example, can lead to a disproportionately negative impact on racial minorities; this report suggests that there may be a prevalence of such issues in Twin Cities workplaces.

It is imperative that Minnesota families, employees, and educators recognize that racial discrimination, whether intentional or not, is still alive and well in our state.  Schools and businesses must take active steps to prevent such discrimination in their practices; those that don’t may find themselves on the defending side of discrimination lawsuits in state or federal court.

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Madia Law, working with Wolf Haldenstein Adler Freeman & Herz LLP, filed a class action lawsuit in the United States District Court, Southern District of New York, on behalf of all persons who purchased Hi-Crush Partners LP (“Hi-Crush”) [NYSE: HCLP] common units pursuant and/or traceable to the Prospectus (the “Class”), against Hi-Crush and certain of the Company’s officers and directors, alleging claims under Sections 11, 12, and 15 of the Securities Act of 1933.

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In November 2012, Madia Law sued a Twin Cities accounting firm on behalf of a learning disabled accountant. The young accountant, who has suffered from Attention Deficit Hyperactivity Disorder (“ADHD”) since he was a child, disclosed his disability to his supervisor at the time of his first performance evaluation.

Despite being fully capable of being successful at the job, the young man wanted to be sure his supervisor knew that he thinks, learns, and works in a different way than others, particularly since he noticed a few comments on his evaluation that seemed to signal a concern with the way he processed information and executed tasks. The accountant felt that it would help everyone involved to be aware of his slight disability. But, soon after disclosing his disability and requesting slight accommodation, he was fired.  [click to continue…]

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Prior to Tuesday, six states (New York, Massachusetts, Vermont, New Hampshire, Connecticut, Iowa) and the District of Columbia had full marriage equality.

As a result of Tuesday’s historic election, three additional states will now have marriage equality as well. Those states are Maine, Maryland, and Washington. (Technically, at the time of this post, Washington’s results are still coming in, but its referendum on the matter looks almost certain to pass.)

Another result of the election is that Minnesota defeated a hurtful and divisive amendment that would’ve constitutionally banned marriage equality. Since last night’s election also gave the DFL control of the Minnesota legislature, and since Governor Dayton is pro-marriage equality, it is almost certain that, despite initial words to the contrary, Minnesota is now on the fast-track to also establishing marriage equality.

The real question is whether Minnesota’s democratically-elected government will beat the United States Supreme Court to the punch. [click to continue…]

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A San Diego hospital and doctor have been sued by an 18-year-old intern who alleges sexual harassment, sexual battery and assault, hostile work environment, and negligence.   The plaintiff, who was only 17 at the time he began an internship at San Diego Memorial Hospital, alleges that cardiologist David Hicks sexually harassed and assaulted him and that the hospital failed to adequate address a pattern of sexual harassment at the hospital.

In Minnesota, hospitals and clinics that receive complaints of sexual harassment by doctors (either from employees or patients) have many reasons to err on the side of caution when deciding whether or not to discipline such doctors.  In addition to employment law claims, hospitals may be subject to a tort action for negligent retention of the doctor if the same alleged harasser goes on to sexually harass and/or assault another employee or patient.  Further, there are significant protections under Minnesota law for healthcare employers who take such preventative actions as to remove the doctor’s employment and/or privileges to practice.  [click to continue…]

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