University of Michigan Law School
Civil Rights Litigation Clearinghouse
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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
Case Summary
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


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Issues and Causes of Action
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Issues
Affected Gender
Male
Defendant-type
Law-enforcement
Discrimination-area
Accommodation / Leave
Pay / Benefits
Promotion
Seniority
Discrimination-basis
Military status discrimination
Plaintiff Type
U.S. Dept of Justice plaintiff
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
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2005 - 2006
Case Closing Year 2005
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:05-cv-1188-JDT-TAB (S.D. Ind.) 09/08/2005
EE-IN-0120-9000 PDF | Detail
General Documents
Complaint 08/10/2005
EE-IN-0120-0001 PDF | External Link | Detail
Consent Decree 08/10/2005
EE-IN-0120-0002 PDF | External Link | Detail
Joint Motion by Plaintiff The United States and Defendant Indiana Department of Correction for Order Entering Consent Decree and Retaining Jurisdiction 08/10/2005 (S.D. Ind.)
EE-IN-0120-0003 PDF | Detail
Stipulation and Order 08/26/2005 (S.D. Ind.)
EE-IN-0120-0004 PDF | Detail
Judges Baker, Tim A. (S.D. Ind.) [Magistrate]
EE-IN-0120-0002 | EE-IN-0120-9000
Tinder, John Daniel (Seventh Circuit, S.D. Ind.)
EE-IN-0120-0001 | EE-IN-0120-0003 | EE-IN-0120-0004 | EE-IN-0120-9000
Monitors/Masters None on record
Plaintiff's Lawyers Avila, David Pablo (District of Columbia)
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)
EE-IN-0120-0001 | EE-IN-0120-0003 | EE-IN-0120-0004 | EE-IN-0120-9000
Palmer, David J. (District of Columbia)
EE-IN-0120-0001 | EE-IN-0120-0003 | EE-IN-0120-9000
Schlozman, Bradley (District of Columbia)
EE-IN-0120-0001
Defendant's Lawyers Bramer, Richard M (Indiana)
EE-IN-0120-0002 | EE-IN-0120-0003 | EE-IN-0120-0004 | EE-IN-0120-9000
Bugher, Robert D (Indiana)
EE-IN-0120-0002
Other Lawyers None on record

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