Filed Date: June 21, 2010
Closed Date: 2010
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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.
Summary Authors
Jordan Rossen (10/9/2013)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4935102/parties/brown-v-pennington/
Childs, Julianna Michelle (South Carolina)
Hendricks, Bruce H. (South Carolina)
Reckenbeil, John G. (South Carolina)
Barlow, Thomas Kennedy (South Carolina)
Childs, Julianna Michelle (South Carolina)
Hendricks, Bruce H. (South Carolina)
See docket on RECAP: https://www.courtlistener.com/docket/4935102/brown-v-pennington/
Last updated Feb. 22, 2024, 3 a.m.
State / Territory: South Carolina
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: June 21, 2010
Closing Date: 2010
Case Ongoing: No
Plaintiffs
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.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Greenville County School District (Greenville), School District
Case Details
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Form of Settlement:
Amount Defendant Pays: 0
Issues
Discrimination-area: