University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Brown v. Pennington EE-SC-0053
Docket / Court 6:10-cv-1587 ( D.S.C. )
State/Territory South Carolina
Case Type(s) Equal Employment
Case Summary
On June 21, 2010, a former employee of the Greenville County School District filed a lawsuit in the U.S. District Court for the District of South Carolina against the school district, the South Carolina Employment Security Commission, and two EEOC employees. The pro se plaintiff sought monetary ... read more >
On June 21, 2010, a former employee of the Greenville County School District filed a lawsuit in the U.S. District Court for the District of South Carolina against the school district, the South Carolina Employment Security Commission, and two EEOC employees. The pro se plaintiff sought monetary damages for loss of wages and unemployment benefits as well as injunctive relief, alleging that she was discharged without the Human Resources Department's knowledge and without being notified of her right to appeal.

On August 13, 2010, the Court (Magistrate Judge Bruce Howe Hendricks) issued a Report and Recommendation for Dismissal of Parties. Specifically, Judge Hendricks recommended that the court dismiss the EEOC employees and the South Carolina Employment Security Commission (SCESC). His recommendation regarding the EEOC employees was based on the plaintiff's failure to state a cognizable claim and on the fact that the EEOC employees were not subject to suit under Title VII in the case. He based his recommendation regarding the SCESC on the fact that the Eleventh Amendment "bars suits against a State filed by it [sic] own citizens. See Hans v. Louisiana, 134 U.S. 1 (1890)."

On December 9, 2010, the plaintiff and the defendants (excluding the EEOC employees and the SCESC) filed a Stipulation of Dismissal with Prejudice, stipulating that no matter of controversy existed and that the plaintiff's claims should be dismissed. The next day, the District Court (J. Michelle Childs) adopted the earlier Report and Recommendation for Dismissal of Parties and dismissed the two EEOC employees and the SCESC. This ended the case.

Jordan Rossen - 10/09/2013


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Issues and Causes of Action
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Issues
Discrimination-area
Discharge / Constructive Discharge / Layoff
Plaintiff Type
Private Plaintiff
Causes of Action
Defendant(s) Greenville County School District
Plaintiff Description Hourly wage employee of the Greenville County School District in South Carolina who was allegedly discharged without the Human Resources Department’s knowledge and without being notified of her right to appeal the discharge.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year 2010
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)
6:10-cv-01587-JMC (D.S.C.) 12/10/2010
EE-SC-0053-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Pro Se [Non-Prisoner] Complaint Form 06/21/2010
EE-SC-0053-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Report and Recommendation for Dismissal of Parties 08/13/2010
EE-SC-0053-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation of Dismissal with prejudice 12/09/2010
EE-SC-0053-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 12/10/2010 (D.S.C.)
EE-SC-0053-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Childs, Julianna Michelle (D.S.C.)
EE-SC-0053-0004 | EE-SC-0053-9000
Hendricks, Bruce Howe (D.S.C.) [Magistrate]
EE-SC-0053-0002
Monitors/Masters None on record
Plaintiff's Lawyers Reckenbeil, John G. (South Carolina)
EE-SC-0053-0003 | EE-SC-0053-9000
Defendant's Lawyers Barlow, Thomas Kennedy (South Carolina)
EE-SC-0053-0003 | EE-SC-0053-9000
Other Lawyers None on record

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