In a civil trial, it is the duty of the judge or jury to examine the evidence, and determine if the defendant should be held legally responsible for allegations presented by the plaintiff. As we analyze the case of Norma Gilo versus The Department of Corrections, we will discuss the allegations, positions of each party, and laws involved to factually support allegations and refutes. Before we can analyze the case of Norma Gilo versus The Department of Corrections, we must first understand the positions of each party and the allegations that uniquely makes the case. Norma Gilo, the plaintiff, requested legal action against her former employer, The Florida Department of Corrections, alleging that she was fired because of: (1) Gender Discrimination, …show more content…
The report was then brought to the attention of Gilo’s supervisor Dr. Hantz Hercule. On August 15, 2012, Dr. Hercule traveled to the institution to meet with the plaintiff Norma Gilo, Warden William Churchwell, Assistant Warden Norma Kelly and Health Services Administrator Monica Crutchfield to discuss the investigation of unsigned DNRs. In the meeting, Gilo proved her unprofessionalism by questioning the reason for the meeting and challenging the supervisors’ credentials to question her. After order of temporary reassignment to Holmes CI for two weeks until the investigation was complete, Gilo insisted that she would not be reporting to Holmes CI and requested two weeks of annual leave. Gilo was then ordered to submit a written statement of her refusal to accept her temporary assignment. Dr. Hercules then strongly recommended termination for Gilo’s unprofessionalism, in which Dr. Ogunsanwo (Dr. Hercules’s supervisor) made the final decision of termination. Later, it was discovered on Gilo’s application for Chief Health Officer that she was willing to relocate if necessary. Although this evidence was not a major influence in the termination of Gilo at the time, it served as supporting evidence and reasoning of her termination, and proved it was …show more content…
The plaintiff stated that she was rejected a job opportunity with Corizon after the employer contacted Dr. Ogunsanwo for further review before hire. In order to establish a case for retaliation under Title VII, “the plaintiff must show that: (1) she engaged in a statutorily protected activity: (2) she suffered materially adverse employment action; and (3) there is a causal connection between her participation in the protected activity and the adverse employment action.” There are many proven reasons why retaliation is contradictory to the facts of the case. Succeeding the termination of the plaintiff, the Department privatized majority of its health care through
Name of Case: LaChance vs. Erickson Court: U.S. Court of Appeals, Federal Circuit, and the U.S. Supreme Court Parties and their roles:. LaChance, director, Office of Personnel Management petitioner; Erickson et al Responded Relevant facts: Federal employees made false statements to agency investigators with respect to their misbehavior. The legal issue(s) raised: The legal issue raised was that the respondents, federal employees were charged by their agencies because each of them made false statements to the agency investigators with respect to their misconduct.
Chief Justice Warren declared that the burden is upon the State to demonstrate that ‘‘procedural safeguards effective to secure the privilege against self-incrimination’’ are followed. ‘‘Interrogation while being unable to communicate with the rest of the world is at odds with one of our Nation’s most cherished principles – that the individual may not be compelled to incriminate himself.’’ Ernesto Miranda was not apprised of his right to consult an attorney which conflicts the ‘‘fundamental fairness’’ standards the Court has established. Judicial fairness influenced the judge’s decision. The prestige built up by the American justice system on how fairness and equality play a large part on how court hearings are done.
Case Brief: Ferjo v. Ontario Human Rights Tribunal, 2011 HRTO 222 Purpose: Kimberley Ferjo commenced an application against the Ontario Human Rights Tribunal for sexual discrimination. The tribunal had to determine whether Mrs. Ferjo faced discrimination after being previously denied legal representation and if her application should be dismissed. Facts: Mrs. Ferjo acted as a representative and witness for VideoComm Technologies during a hearing before the Ontario Human Rights Tribunal. The hearing was based on allegations that VideoComm Technologies had discrimination against a pregnant employee. VideoComm Technologies was ordered to pay damages at the end of the hearing.
After several days of no communication and concern about Travis Alexander’s wellbeing, a couple of his friends went to his residence in Mesa, Arizona. They did in fact find their friend but he was lying in a pool of blood. One June 9, 2008, Travis was found with many wounds, including a slit neck, multiple stab wounds and a gunshot in the head. Police investigated the crime and came to the conclusion that he was killed five days earlier.
It brings me much grief that I must be the bringer of terrible news, but then again it must be said and so I continue. Our fellow humans are being tortured and we have done nothing about it. I recently learned about a man named Sebastian Richardson. Richardson is 51 years old. Richardson is apparently one of many who are faced with horrendous abuse and brutal treatment brought upon him by the justice system.
In the Oubre v. Entergy Operations, Inc. Case, Dolores Oubre the plaintiff was a scheduler at power plant in Killona, Louisiana, which is run by Entergy Operations, Inc. (the defendant). In 1994, Oubre’s employer gave her two options: she can either improve her job performance or accept a severance pay. While accepting the severance package, Oubre signed a document that released her employer Entergy of all claims. Although the employer Entergy Operations was released of all claims, it failed to meet specific standards or requirements for a release under the Age Discrimination in Employment Act (ADEA), as decided or set forth in the Older Workers Benefit Protection Act (OWBPA). In procuring the release, Entergy failed to comply in at least three respects with the requirements for a release under the Age Discrimination in Employment Act, as set forth in the Older Workers Benefit Protection Act: It did not (1) give Oubre enough time to consider her options, (2) give her seven days to change her mind, or (3) make specific reference to ADEA claims (Twomey, 2013, p. 548).
Candace Newmaker, a bright girl trying to find a home until she met her terrible fate of being murdered. One of the worst things you can inflict upon another human, is to steal their lives. People who take another’s life are sentenced harshly. But when it comes to doctors, they receive a free pass. Why should doctors and medical physicians not be as harshly punished compared to others?
The Harris case is related to the course material because it illustrates the formal criminal justice process related to the court. Harris is being charged with a felony, which is why the case did not end in a plea bargain. The article also illustrates an instance in which discretion within law enforcement may be used. Hill points out that when investigating the murder the team failed to investigate other likely suspects.
Thesis: The state of Florida Stand your ground laws give the impression set against the minority, benefit the majority and exhibit loopholes that leaves the innocent without life. A. Stand your ground law was first pass in Florida were homicide is at its worst. B. The Stand your ground law set a pattern of allowing the guilty to be innocent and the innocent to be guilty. C. Shoot now and ask Question latter is not a peaceful answer to the problem in an environment with principles and laws that will protect the human race.
THEORY The citizens of my city, this case is about a man that was unable to see past his prejudices and attempted to do whatever was necessary to punish someone even if that meant intentionally lying. PARTIES Members of the jury, the State will review the evidence against Bob Ewell who let his anger and prejudices influence his decision to make false allegation against another man. While this man, Tom Robinson, was trying to be helpful and fix a door at the local store, Mr. Ewell was setting him up for false charges. Mr. Ewell reported, to the local sheriff, that during the time that he was fixing the door, Mr. Robinson engaged in sexual assault of Me.
When reviewing the issues associated with the criminal justice system in the United States, wrongful convictions are becoming a serious one that society as a whole needs to be aware of. While there are a countless factors that can contribute to a wrongful conviction, there are five distinct ones that are the leading causes in wrongful convictions: the adversarial process, Eyewitness identification, misconduct and errors regarding forensic evidence, interrogations and confessions, and jailhouse snitches/informants. In relation to wrongful convictions, the adversarial system places more emphasis on the process rather than truth finding, meaning an individual can usually only appeal if there is an issue regarding the process; if someone is wrongfully
In Angela Davis' written work, " How Gender Structures the Prison System ", the writer depicts regular jail works on, concentrating on ladies. Ladies detainees are regularly casualties of physical and rape by jail representatives and prisoners. Davis incorporates a case from works by Assata Shakur, who was indicted for murder. Shakur goes ahead to portray the rape confronted by ladies in jail consistently. Ladies jail monitors led "the "inside inquiry" which lady’s prisoners alluded to as "getting the finger" or "getting finger-fucked" (Davis 63).
On June 13, 1994, the bodies of OJ Simpson’s ex-wife, Nicole Brown, and friend, Ronald Goldman, were found mercilessly murdered in Brentwood, California. By October of 1995, an entire trial had taken place and OJ Simpson, the prime suspect, was absolved of all charges (Nicole Brown Simpson, 2016). Fast-forward 21 years later, The People V. OJ Simpson is debuting February 2, 2016. This is a show that looked to give a detailed retelling of the notorious OJ Simpson case. In Ryan Murphy's depiction of the “trial of the century”, the audience is able to view the racially tense case, from a new angle, a female perspective.
Judicial, Prosecutorial, and Defense Misconduct or Neglect and Its Effects on the
Political philosopher Charles de Montesquieu once said: “There is no crueler tyranny than that which is perpetuated under the shield of law and in the name of justice.” In this essay, the thought-provoking decision of Harvard to deny the application of ex-inmate Michelle Jones will be discussed. Jones was only eighteen years old when she was sentenced to fifty years in prison for the murder of her four-year-old son Brandon. While in prison she demonstrated an outstanding disposition to make up for the terrible decision she made. Harvard was always one of the top choices for her Ph.D. education, nevertheless, Harvard made an inappropriate decision to deny her application.