On October 3, 2001, African-American employees of the forensic unit at the Florida State Hospital in Chattahoochee, Florida filed a complaint against the State of Florida and its Department of Children and Family Services in the United States District Court for the Northern District of Florida. The plaintiffs alleged race discrimination in violation of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and asked the court for an injunction directing the defendant to grant the plaintiffs membership in the "Special Risk" class of the Florida Retirement System. Specifically, the plaintiffs contended that, because of the nature of their work, they were exposed to hazards and dangers, and they should be entitled to the same pension plans that their white counterparts in other departments received. The plaintiffs worked with individuals who had been charged with felonies but were too mentally unstable to go to trial. Their department was disproportionately African-American.

According to the PACER docket, the court (Judge Stephan P. Mickle) granted the plaintiffs' amended motion for class certification on September 10, 2003. The class consisted of African-American employees of the Department of Children and Family Services employed after December 31, 2000 who worked in a forensic facility or institution whose responsibilities entailed spending at least 75% of their time performing duties which involved contact with forensic clients, including patients or inmates in a correction of forensic facility or institution, and who were not already included within the Special Risk Class. This case went to trial in 2003, with judgment in favor of the defendants.

Andrew Kline - 05/07/2008


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