Erin Jackson Flashcards
State difference b/w liquidated & punitive?
Under what statute are punis not avail vs. LG?
ERIN JACKSON ----------- Liquidated are deemed to be fair. Punis are punishment. ----------- 768.28(5)(2) - Punis & interest are NOT avail.
What 2 damages are never available vs. LG in tort claims?
State the citation.
Punis + interest.
FS 768.28(5)(2).
When get 2/3 damages, what can ER say to defend?
Show acted in GF & had reasonable grounds to believe it was in compliance.
From what date do you calculate back pay under Title 7?
Day of adverse action to day of judgment.
How might damages be reduced?
ERIN JACKSON ----------- If EE: (a) Fails to mitigate damages, ex. look for work. (b) Finds work.
Which 3 liability theories have caps?
ERIN JACKSON ----------- 7 Disabled Ginas wears a Caps. ----------- Title VII ADA Gina
State the 4 cap levels.
ERIN JACKSON ----------- each cap is roughly 1/2 the employee limit ----------- • 15 to 100 = $50k • 101 to 200 = $100k • 201 to 500 = $200k • More than 500 = $300k
Loeffler v. Frank, 486 U.S. 549 (1988)
We know that 738.28(5)(2) prevents punis vs. LGs in STATE court.
Can punis be imposed vs. LG in FEDERAL court?
No! ----------- No punis avail under: ADEA ----------- Not available vs. public employers (a) Title VII, (b) ADA, (c) 1981, ~confirmed. (d) 1983 & (e) presumably, 1985.
ERIN JACKSON ----------- What claims are capped? —- State the cap amounts.
each cap is roughly 1/2 the employee limit ----------- [Title] 7 [ada] disabled Ginas wear Caps ----------- • 15 to 100 = $50k • 101 to 200 = $100k • 201 to 500 = $200k • More than 500 = $300k
Which employment liability presumes interest?
Title 7.
Does PL usually get interest? Does it matter what court PL is in?
ERIN JACKSON ----------- State - none. Fed w/ backpay - gets interest. (1) Title 7. *presumpt shd get. (2) ADEA. (3) ADA. (4) EPA. (5) FLSA. (6) FMLA. (7) Gina.
What 9 items are included under an employment liability cap?
ERIN JACKSON
(1) Pecuniary.
(2) Emotional
(3) Suffering.
(4) Inconvenience.
(5) Mental Anguish.
(6) Loss of Enjoyment of Life.
(7) Other pecuniary.
(9) Punitives (to the extent applicable).
What theories are capped?
What is the cap?
ERIN JACKSON ----------- [Disabled Gina wears 7 Caps.] ----------- ADA, Gina, Title 7 ----------- 0-100 = $50k 101-200 = $100k 201-500 = $200 k 500+ = $300k
Capped compensatory.
Punis vs. individual.
1981 [intentional] + 1983.
Who can you NOT sue under 42 USC 1983?
Individual. Sue entity only. LG = “person”
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Why? b/c suing “under color of law” which is a lawsuit vs. the entity.
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Use 1983 for 1981 = no respondeat superior. *confirmed.
What if dept policy says LEO should have stopped pursuit. Do you have a 1983 claim?
No. Breach of policy is a STATE claim. For 1983 you cite policy/custom.
Why do you never want to mention LEO’s failure to follow his handbook in a Federal action?
ERIN JACKSON ----------- Entirely State oriented. In Fed - 1983 focuses on having a policy/custom that deprives a const. rt. Has NOTHING to do w/ following the handbook.
Remind me what 1981 is.
If you sue under 1981, can you get atty’s fees?
ERIN JACKSON
(a) Intentional race/color/ntl origin in Ks.
(b) Try under 42 USC 1988.
Which federal claim is really geared toward local govt. employees?
42 USC 1981 (combo w/ 1983).
What are the 2 things specifically you can do w/ Ks under 42 USC 1981?
Make or enforce Ks.
Can you add State claims in Fed action?
Can you add Fed claims in State action?
Never bring State into Fed.
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You can bring Fed. into State which has concurrent jurisdiction.
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Think of it as State doing work for the Feds & the Feds not being bothered with the State.
Is there a retaliation aspect to 1981?
You bet. Covers wide array of employment K woes, re: intentional race.
ERIN JACKSON ----------- State the 2 immunities under 1981. --- Bonus for immunity of State.
ERIN JACKSON
(1) POs - Qualified immunity.
(2) LGs - No respondeat superior.
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(3) 11th amendment spares State in Fed court.
