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Case ID: 4717 | Civil Rights | 03/23/2006
A potential federal class-action lawsuit alleges that there is a long-standing practice of excessive force at Sacramento's Main Jail. Robert Hunter, a 52-year-old veterinarian filed the lawsuit. He was arrested on suspicion of drunken driving early Sept. 17 and spent the night in the Main Jail. While there, his suit claims, three deputies threw him to the floor and fractured his elbow when he tried to signal them that the holding cell's toilet was clogged and overflowing. Shortly afterward, according to the suit, Hunter spoke up for another inmate being similarly handled and a deputy told him to "shut up, weasel, and keep facing the wall."
A Sheriff's Lieutenant noted that Hunter did not file a formal complaint with the department until many months later. "The complaint will be fully and fairly investigated, without bias, and if any deficiencies are found, appropriate action will be taken," he said. The lawsuit states that Hunter "requested medical treatment and was denied such treatment." Hunter said in an interview that he was afraid to press the deputies for medical attention after he was denied. Hunter's complaint was filed March 3 in U.S. District Court in Sacramento. A second plaintiff in the Hunter case, Howard Eley, claims he was choked and slapped by a deputy in the Main Jail on March 21, 2004. The deputy involved was fired by the sheriff after other officers brought the incident to their supervisors' attention. Class-action lawsuits based on claims of excessive force are difficult because the cases are so individualized," Hunter's attorney said. "In excessive force cases, each case is generally judged on its own." At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Civil Rights Cases of Interest A statewide collective action has been filed in Florida against Excellence In Stone, Inc. The action is brought on behalf of all hourly employees of Excellence who were not paid proper overtime compensation. The action is brought under the federal Fair Labor Standards Act and seeks statutory and liquidated damages as well as injunctive and declaratory relief. As a collective action, all potential claimants are required to "opt-in" to the case in order to be considered a member of the class. The employees have requested that the court issue notice to all potential claimants. A class action has been filed on behalf of home health care workers employed by the Gatesway Foundation, a Tulsa based provider of home health services. The suit alleges that workers employed at Gatesway between 2001 and 2004 routinely worked more than 40 hours a week but were not paid overtime as required by the Federal Fair Labor Standards Act. The plaintiffs seek an award of the unpaid overtime with interest, attorney’s fees and costs, as well as liquidated damages and equitable relief. A national collective/class action has been filed in New York against The Eastman Kodak Company. The action is brought on behalf of all current and former technical support specialists or engineers, customer or technical support staff or repair and/or service staff from all Kodak operations, who since May 1998, were not paid proper statutory overtime for all hours worked beyond 40 per week. The action is brought under the federal Fair Labor Standards Act as well as New York and other state labor laws and seeks back pay, statutory and liquidated damages as well as declaratory and injunctive relief. As a collective action under federal law, all potential claimants are required to "opt-in" to the action in order to be considered part of the class. The employees have requested that the court issue notice to all potential class members. The state law claims are brought as standard class action claims with no requirement to "opt-in". A state wide class action has been filed in Pennsylvania against collection specialists, Bronson & Migliaccio, LLP. The action is brought on behalf of all Pennsylvania consumers who, since January 30, 2003, have received a "form type" collection letter from Bronson & Migliaccio. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory damages as well as injunctive and declaratory relief. A national collective action has been filed in Minnesota against financial giant, Bank of America. The action is brought on behalf of all current and former Bank of America loan officers who were not paid proper statutory overtime for all hours worked beyond 40 per week. The action is brought under the federal Fair Labor Standards Act and seeks compensatory, statutory and liquidated damages as well as declaratory and injunctive relief. As a collective action, all potential claimants are required to "opt-in" to the action in order to be considered part of the class. The employees have requested that the court issue notice to all potential class members. A national collective action has been filed in Texas against retail giant, JC Penny Corporation. The action is brought on behalf of all current and former employees involved in watch and jewelry repair who held the titles of jewelers, project assistant analysts, management associates and administrative associates from all JC Penny stores who since May 2001 and were not paid proper statutory overtime for all hours worked beyond 40 per week. The action is brought under the federal Fair Labor Standards Act and seeks back pay, statutory and liquidated damages as well as declaratory and injunctive relief. As a collective action under federal law, all potential claimants are required to "opt-in" to the action in order to be considered part of the class. The employees have requested that the court issue notice to all potential class members. |
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