Case Name United States of America v. Indiana Department of Correction EE-IN-0120
Docket / Court 1:05-cv-0118-JDT-TAB ( S.D. Ind. )
State/Territory Indiana
Case Type(s) Equal Employment
Attorney Organization U.S. Dept. of Justice Civil Rights Division
On August 10, 2005 the United States Department of Justice ("D.O.J.") filed a lawsuit under Uniformed Services Employment and Reemployment Act of 1994, 38 U.S.C. §§ 4301-4333 ("USERRA"), in the U.S. District Court for the Southern District of Indiana against the Indiana Department of Correction ... read more >
On August 10, 2005 the United States Department of Justice ("D.O.J.") filed a lawsuit under Uniformed Services Employment and Reemployment Act of 1994, 38 U.S.C. §§ 4301-4333 ("USERRA"), in the U.S. District Court for the Southern District of Indiana against the Indiana Department of Correction. The D.O.J asked the court for injunctive and compensatory relief, alleging that the defendant had violated USERRA by denying benefits and compensation to a corrections officer who took leave to undergo active duty military training as an army reserve.
Specifically, the complaint alleges that the Indiana Department of Correction violated USERRA by: (1) denying the individual corrections officer, after the completion of his active duty, reemployment rights and benefits and other employment benefits protected under USERRA by -- (a) suspending him from employment, and (b) terminating him from employment with loss of pay and loss of seniority and related benefits; (2) failing or refusing to take appropriate action to remedy the effects of the violations above including failure and refusal to provide compensation for the period of work in which he was terminated, and failure to restore seniority and related benefits he lost due to termination.
The parties filed a consent decree concurrently with the complaint; the District Court (Judge John Daniel Tinder) entered the decree. The consent decree provides that the defendant: (1) shall not take any action against any person which constitutes retaliation or interference with the exercise of such person's rights under USERRA, or because such person gave testimony or assistance or participated in any manner of proceeding or investigation connected with this case; (2) shall compensate the individual corrections officer for the lost wages, seniority, and related benefits that occurred as a result of not being employed continuously by the Indiana DOC from August 2003 to December 2, 2003. A minor modification of the decree was filed a couple of weeks later.
This case was closed on September 28, 2005.
James Floyd - 11/01/2007
Affected Gender
Law-enforcement
Discrimination-area
Accommodation / Leave
Pay / Benefits
Discrimination-basis
Military status discrimination
Causes of Action Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301
Defendant(s) Indiana
Plaintiff Description United States of America on behalf Corrections Officer who is a member of the Army Reserve
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Nature of Relief Damages
Injunction / Injunctive-like Settlement
1:05-cv-1188-JDT-TAB (S.D. Ind.)
EE-IN-0120-9000.pdf | Detail
EE-IN-0120-0001.pdf | External Link | Detail
Consent Decree
Joint Motion by Plaintiff The United States and Defendant Indiana Department of Correction for Order Entering Consent Decree and Retaining Jurisdiction
Stipulation and Order (S.D. Ind.)
Judges Baker, Tim A. (S.D. Ind.) show/hide docs
EE-IN-0120-0002 | EE-IN-0120-9000
Tinder, John Daniel (S.D. Ind., Seventh Circuit) show/hide docs
EE-IN-0120-0001 | EE-IN-0120-0003 | EE-IN-0120-0004 | EE-IN-0120-9000
Plaintiff's Lawyers Avila, David Pablo (District of Columbia) show/hide docs
EE-IN-0120-0001 | EE-IN-0120-0002 | EE-IN-0120-0003 | EE-IN-0120-0004 | EE-IN-0120-9000
Fenton, William B. (District of Columbia) show/hide docs
Palmer, David J. (District of Columbia) show/hide docs
EE-IN-0120-0001 | EE-IN-0120-0003 | EE-IN-0120-9000
Schlozman, Bradley (District of Columbia) show/hide docs
EE-IN-0120-0001
Defendant's Lawyers Bramer, Richard M (Indiana) show/hide docs
Bugher, Robert D (Indiana) show/hide docs