Erin Jackson

Question 1

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

Answer 1

Liquidated are deemed to be fair.
Punis are punishment.
———–
768.28(5)(2) - Punis & interest are NOT avail.

Question 2

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

Answer 2

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

Question 3

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

Answer 3

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

Question 4

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

Answer 4

Day of adverse action to day of judgment.

Question 5

How might damages be reduced?

Answer 5

If EE:
(a) Fails to mitigate damages, ex. look for work.
(b) Finds work.

Question 6

Which 3 liability theories have caps?

Answer 6

7 Disabled Ginas wears a Caps.
———–
Title VII
ADA
Gina

Question 7

State the 4 cap levels.

Answer 7

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

Question 8

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

Question 9

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

Answer 9

No punis avail under:
ADEA
———–
Not available vs. public employers
(a) Title VII,
(b) ADA,
(c) 1981, ~confirmed.
(d) 1983 &
(e) presumably, 1985.

Question 10

We know sov imm is waived for torts in State court.
Does it apply in Federal? What takes its place?

Answer 10

[Title] 7 [ada] disabled Ginas wear Caps
———–
• 15 to 100 = $50k
• 101 to 200 = $100k
• 201 to 500 = $200k
• More than 500 = $300k

Question 11

Which employment liability presumes interest?

Answer 11

Title 7.

Question 12

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

Answer 12

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.

Question 13

What 9 items are included under an employment liability cap?

Answer 13

(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).

Question 14

What theories are capped?
What is the cap?

Answer 14

[Disabled Gina wears 7 Caps.]
———–
ADA, Gina, Title 7
———–
0-100 = $50k
101-200 = $100k
201-500 = $200 k
500+ = $300k

Question 15

Capped compensatory.
Punis vs. individual.

Answer 15

1981 [intentional] + 1983.

Question 16

Who can you NOT sue under 42 USC 1983?

Answer 16

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.

Question 17

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

Answer 17

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

Question 18

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

Answer 18

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.

Question 19

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

Answer 19

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

Question 20

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

Answer 20

42 USC 1981 (combo w/ 1983).

Question 21

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

Answer 21

Make or enforce Ks.

Question 22

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

Answer 22

Never bring State into Fed.
—
You can bring Fed. into State which has concurrent jurisdiction.

Question 23

Is there a retaliation aspect to 1981?

Answer 23

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

Question 24

State the 2 immunities under 1981.
—
Bonus for immunity of State.

Answer 24

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

Question 25

What are damages under 1981?

Answer 25

Front pay.
Compensatory (incl back pay)
Equitable (reinstatement).
—
*remember, no punis vs. public ERs.

Question 26

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

Answer 26

modification, termination, benefits of Ktual relationship

Question 27

What is the impairment protected in 1981?

Answer 27

impairment under the color of law.

Question 28

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

Answer 28

All citizens the same property rights are whites.

Question 29

1983 applies when?

Answer 29

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

Question 30

Which employment liab theories require ‘color of law’?

Answer 30

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.

Question 31

How rope in LG in a 1983 claim?

Answer 31

Custom or policy only.
No respondeat superior.

Question 32

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

Answer 32

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

Question 33

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

Answer 33

If someone up the chain will review.

Question 34

State the remedies under 1981, 1983 & 1985.

Answer 34

All 3 - backpay, reinstatement, injunction.
—
1983 also adds:
(a) Atty fees (1988)
(b) Punis vs. individs.

Question 35

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

Answer 35

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)