University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Hamilton v. City of Wilmington EE-DE-0036
Docket / Court 1:00-cv-00635 ( D. Del. )
State/Territory Delaware
Case Type(s) Equal Employment
Case Summary
On July 7, 2000, temporary employees of the City of Wilmington filed this class action lawsuit in the U.S. District Court for the District of Delaware. The plaintiffs sued the City of Wilmington under 42 U.S.C. § 1981, 42 U.S.C. § 1983, and the Wilmington City Charter. The plaintiffs, represented ... read more >
On July 7, 2000, temporary employees of the City of Wilmington filed this class action lawsuit in the U.S. District Court for the District of Delaware. The plaintiffs sued the City of Wilmington under 42 U.S.C. § 1981, 42 U.S.C. § 1983, and the Wilmington City Charter. The plaintiffs, represented by private counsel, asked the court for monetary relief and injunctive relief.

Specifically, the plaintiffs alleged that the City denied city workers benefits including health care, pensions, life insurance, paid holidays, paid vacations, and paid sick days by replacing permanent city employees with temporary employees. The plaintiffs alleged that the City's decision violated the Constitution because the replacement had no rational basis beyond saving money.

On August 24, 2001, the parties notified Judge Gregory M. Sleet that a settlement had been reached. The settlement stated that the City of Wilmington would pay $210,000 in monetary relief to be distributed across all class members of the case. As the case moved forward the city had changed its temporary worker policy, negating the need for injunction relief.

On August 26, 2002, Judge Sleet found the proposed settlement fair and reasonable.

On September 4, 2002 a new plaintiff requested to participate in the settlement. On September 30, 2002 Judge Sleet ordered all individuals who filed claims forms on or before September 20, 2002 were eligible for participation in the plaintiffs’ case. 2002 WL 1998376. There has been no further activity, and the case now appears closed.

Gabriela Hybel - 10/10/2016


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Issues and Causes of Action
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Issues
Defendant-type
Jurisdiction-wide
Causes of Action 42 U.S.C. § 1981
42 U.S.C. § 1983
State law
Defendant(s) City of Wilmington
Plaintiff Description City of Wilmington employees who were excluded from benefits such as health care, pensions, paid sick days, paid vacation, and life insurance.
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Attorneys fees
Damages
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Filing Year 2000
Case Closing Year 2003
Case Ongoing No
Docket(s)
1:00-cv-635 (D. Del.)
EE-DE-0036-9000.pdf | Detail
Date: 07/29/2003
Source: PACER [Public Access to Court Electronic Records]
General Documents
No documents currently in the collection
Judges Sleet, Gregory Moneta (D. Del.)
EE-DE-0036-9000
Plaintiff's Lawyers Bartoshesky, Phillip B. (Delaware)
EE-DE-0036-9000
Battaglia, Victor F. (Delaware)
EE-DE-0036-9000
Defendant's Lawyers James-Roberts, Brenda (Delaware)
EE-DE-0036-9000
McDonough, Kathleen F. (Delaware)
EE-DE-0036-9000
Streett, Diane C. (Delaware)
EE-DE-0036-9000
Voss, Wendy K. (Delaware)
EE-DE-0036-9000

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