CIVIL RIGHTS. DEFENDANT'S VERDICT.

• Pages: 7-8

Verdicts by Category

CIVIL RIGHTS

$45,000 RECOVERY

Civil Rights – Gender discrimination – Female

employee alleged she was discriminated against

and paid less due to her gender.

U,S, District Court, Northern,Texas

In this civil rights matter, the female employee

alleged that she was paid less than her male

counterparts in violation of her civil rights and

federal employment laws. The defendant disputed

the allegations and denied liability.

The female plaintiff was employed by the defendants as

a director of intermodal operations. The defendants are

businesses that provide logistics, transportation and

warehouse services to manufacturers and retailers. The

plaintiff was employed in the defendant’sIrving,Texas

facility. The plaintiff was moved into the position after her

male counterpart had been terminated. The plaintiff

learned that her salary was considerably less than the

defendant paid to the male employee who had been

fired despite both individuals doing the same job func-

tions and having the same job responsibilities and being

otherwise similarly qualified for the position. The plaintiff

filed a claim with the EEOC which pursued the matter on

her behalf. The plaintiff filed a claim for discrimination

against the defendant alleging violation of the em-

ployee’s civil rights, a violation of the equal pay require-

ments of the Equal Pay Act of 1963 and employment

discrimination.

The defendant denied the allegations and disputed that

there was any discriminatory conduct on its part.

The parties agreed to a consent decree, wherein the

plaintiff employee would receive the sum of $45,000 in

damages and the defendants would agree to compli-

ance with employment law policies and provide anti-

discrimination training as required by law.

REFERENCE

Equal Employment Opportunity Commission vs. NFI

RoadRail LLC and NFI Industries, Inc. Case no. 3:14-cv-

00181-N; Judge David F. Godbey.

Attorney for plaintiff: Patrick Connor and Eduardo

Juarez of Equal Employment Opportunity

Commission in San Antonio, TX.

DEFENDANT’S VERDICT

Prisoner Civil Rights – Violation of 42 U.S.C.

§1983 - Cruel and unusual punishment –

Excessive use of force – Defendant corrections

officer slams food slot door on plaintiff’s left hand

– Muscle and tendon injuries to plaintiff’s left

hand.

U.S. District Court, Eastern, Texas

The plaintiff, in this Civil Rights action, is a

prisoner in the Texas Department of Criminal

Justice system. He maintains that he suffered

injury when a corrections officer employed by the

TDCJ slammed a food slot door on the plaintiff’s

hand, violating the plaintiff’s civil rights. The

defendant corrections officer denied any such

incident took place.

On April 5, 2014, the male plaintiff prisoner was housed

at Coffield Unit in Tennessee Colony, Texas, by TDCJ lo-

cated in Anderson County. While the plaintiff was being

served a meal, the defendant corrections officer

slammed the food slot door on the plaintiff’s hand,

causing the plaintiff injury. The plaintiff maintained that

the defendant corrections officer subjected the plaintiff

to cruel and unusual punishment and excessive use of

force in violation of the plaintiff’s civil rights. The plaintiff

maintained that the incident caused him to suffer signifi-

cant injury to the muscles and tendons of his left hand.

The defendant denied all allegations of negligence and

injury and maintained that the plaintiff’ssuitisfrivolous

and without merit and as such, the defendant is entitled

to recover from the plaintiff the amount of any attorney’s

fees and costs incurred in defending this suit.

The jury found that the defendant did not prove by a

preponderance of evident that he was subjected to ex-

cessive force or cruel and unusual punishment render-

ingadefenseverdict.

REFERENCE

Jacob Rich vs. Gabino Galvan and the Texas Depart-

ment of Criminal Justice. Case no. 14-cv-00584; Judge

John D. Love, 08-09-16.

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