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0 A-RAMA2 > Erin Jackson > Flashcards

Erin Jackson Flashcards

1
Q

State difference b/w liquidated & punitive?
Under what statute are punis not avail vs. LG?

A 
ERIN JACKSON
-----------
Liquidated are deemed to be fair.  
Punis are punishment.  
-----------
768.28(5)(2) - Punis & interest are NOT avail.
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2
Q

What 2 damages are never available vs. LG in tort claims?
State the citation.

A

Punis + interest.
FS 768.28(5)(2).

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3
Q

When get 2/3 damages, what can ER say to defend?

A

Show acted in GF & had reasonable grounds to believe it was in compliance.

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4
Q

From what date do you calculate back pay under Title 7?

A

Day of adverse action to day of judgment.

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5
Q

How might damages be reduced?

A 
ERIN JACKSON
-----------
If EE:
(a)  Fails to mitigate damages, ex. look for work.
(b)  Finds work.
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6
Q

Which 3 liability theories have caps?

A 
ERIN JACKSON
-----------
7 Disabled Ginas wears a Caps.
-----------
Title VII
ADA
Gina
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7
Q

State the 4 cap levels.

A 
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
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8
Q

Loeffler v. Frank, 486 U.S. 549 (1988)

A
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9
Q

We know that 738.28(5)(2) prevents punis vs. LGs in STATE court.
Can punis be imposed vs. LG in FEDERAL court?

A 
No!  
-----------
No punis avail under:
ADEA
-----------
Not available vs. public employers 
(a)  Title VII, 
(b)  ADA, 
(c)  1981,  ~confirmed.
(d)  1983 &
(e)  presumably, 1985.
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10
Q 
ERIN JACKSON
-----------
What claims are capped? 
—-
State the cap amounts.
A 
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
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11
Q

Which employment liability presumes interest?

A

Title 7.

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12
Q

Does PL usually get interest? Does it matter what court PL is in?

A 
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.
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13
Q

What 9 items are included under an employment liability cap?

A

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).

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14
Q

What theories are capped?
What is the cap?

A 
ERIN JACKSON
-----------
[Disabled Gina wears 7 Caps.]
-----------
ADA, Gina, Title 7
-----------
0-100 = $50k
101-200 = $100k
201-500 = $200 k
500+ = $300k
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15
Q

Capped compensatory.
Punis vs. individual.

A

1981 [intentional] + 1983.

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16
Q

Who can you NOT sue under 42 USC 1983?

A

Individual. Sue entity only. LG = “person”
———–
Why? b/c suing “under color of law” which is a lawsuit vs. the entity.
————
Use 1983 for 1981 = no respondeat superior. *confirmed.

17
Q

What if dept policy says LEO should have stopped pursuit. Do you have a 1983 claim?

A

No. Breach of policy is a STATE claim. For 1983 you cite policy/custom.

18
Q

Why do you never want to mention LEO’s failure to follow his handbook in a Federal action?

A 
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.
19
Q

Remind me what 1981 is.
If you sue under 1981, can you get atty’s fees?

A

ERIN JACKSON

(a) Intentional race/color/ntl origin in Ks.
(b) Try under 42 USC 1988.

20
Q

Which federal claim is really geared toward local govt. employees?

A

42 USC 1981 (combo w/ 1983).

21
Q

What are the 2 things specifically you can do w/ Ks under 42 USC 1981?

A

Make or enforce Ks.

22
Q

Can you add State claims in Fed action?
Can you add Fed claims in State action?

A

Never bring State into Fed.
—
You can bring Fed. into State which has concurrent jurisdiction.
——————
Think of it as State doing work for the Feds & the Feds not being bothered with the State.

23
Q

Is there a retaliation aspect to 1981?

A

You bet. Covers wide array of employment K woes, re: intentional race.

24
Q 
ERIN JACKSON
-----------
State the 2 immunities under 1981.
---
Bonus for immunity of State.
A

ERIN JACKSON

(1) POs - Qualified immunity.
(2) LGs - No respondeat superior.
- –
(3) 11th amendment spares State in Fed court.

25
Q

What are damages under 1981?

A 
ERIN JACKSON
-----------
Front pay.
Compensatory (incl back pay)
Equitable (reinstatement).
---
*remember, no punis vs. public ERs.
26
Q

Under 1981, what is included in ‘make & enforce Ks’?

A

modification, termination, benefits of Ktual relationship

27
Q

What is the impairment protected in 1981?

A

impairment under the color of law.

28
Q

What does 1982 do (which is a lot like 1981)?

A

Gives all citizens the same property rights are whites.

29
Q

1983 applies when?

A

When someone under color of any LG custom or policy deprives you of a constitutional right.

30
Q

Which employment liab theories require ‘color of law’?

A 
ERIN JACKSON
-----------
Only 1983.  
Sue:
(a)  LGs (custom/policy only - no resp sup)
(b)  Pub Officials (qual imm)
*No privates UNLESS engaging in State action.
---
Like who?  Public Officials.
31
Q

How rope in LG in a 1983 claim?

A

Custom or policy only.
No respondeat superior.

32
Q

To sue LG under 1983, what 3 things show a custom or policy?

A

ERIN JACKSON

(1) Express policy.
(2) Widespread practice.
(3) Act of official w/ final policy making authority.

33
Q

When does person not have final policy making authority to bind LG in a custom/policy under 1983?

A

If someone up the chain will review.

34
Q

State the remedies under 1981, 1983 & 1985.

A 
ERIN JACKSON
-----------
All 3 - backpay, reinstatement, injunction.
---
1983 also adds:
(a)  Atty fees (1988)
(b)  Punis vs. individs.
35
Q

What’s a crazy intra-corporate defense to try on 1985?

A

EEs acting on behalf of a single entity cannot conspire with each other or the entity.
———–
Dickerson vs. Alachua County Com’n, 300 F.3d 761 (11th Cir. 2000)

36
Q

State 4 causes of action related to employment & whether LG’s sovereign immunity waived.
Bonus, name 2 where sovereign immunity is NOT waived, i.e. is not subject to suit.

A

FCRA -
LG = “employer” so obviously Legislators intended for LG to be subject to suit. This, suit may proceed & damages limited by the cap.
—————-
Workers Comp Retaliation - LG =“employer,” so can be sued.
——————
Public sector whistleblower can sue under certain circumstances there is a waiver.
—————-
No waiver of sovereign immunity for:
(1) LG firing EE because EE gave testimony pursuant to a subpoena. FS 92.57 prohibits such firing. (LG cannot consider nature of testimony or absence).
(2) Long Term Care Ombudsman.
—-
No clear & unequivocal waiver.
—————-
See FFWC v. Hahr, 326 So. 3d 1165 (Fla. 1st DCA 2021).

0 A-RAMA2 (218 decks)

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