Case: Brown v. Pennington

6:10-cv-01587 | U.S. District Court for the District of South Carolina

Filed Date: June 21, 2010

Closed Date: 2010

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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 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 rig…

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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4935102/parties/brown-v-pennington/


Judge(s)

Childs, Julianna Michelle (South Carolina)

Hendricks, Bruce H. (South Carolina)

Attorney for Plaintiff

Reckenbeil, John G. (South Carolina)

Attorney for Defendant

Barlow, Thomas Kennedy (South Carolina)

Judge(s)

Childs, Julianna Michelle (South Carolina)

Hendricks, Bruce H. (South Carolina)

Attorney for Plaintiff

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Documents in the Clearinghouse

Document

6:10-cv-01587

Docket [Pacer]

Dec. 10, 2010

Dec. 10, 2010

Docket
1

6:10-cv-01587

Pro Se [Non-Prisoner] Complaint Form

June 21, 2010

June 21, 2010

Complaint
14

6:10-cv-01587

Report and Recommendation for Dismissal of Parties

Aug. 13, 2010

Aug. 13, 2010

Magistrate Report/Recommendation

2010 WL 2010

33

6:10-cv-01587

Stipulation of Dismissal with prejudice

Dec. 9, 2010

Dec. 9, 2010

Pleading / Motion / Brief
34

6:10-cv-01587

Order

Dec. 10, 2010

Dec. 10, 2010

Order/Opinion

2010 WL 2010

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4935102/brown-v-pennington/

Last updated Feb. 22, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
14

REPORT AND RECOMMENDATIONS that the District Judge dismiss as parties to this case Defendants Delledonne and Mackey, as well as the South Carolina Employment Security Commission. Service of process on the remaining defendants has been ordered. Objections to R&R due by 8/30/2010. Signed by Magistrate Judge Bruce Howe Hendricks on 8/13/10. (kmca)

Aug. 13, 2010

Aug. 13, 2010

RECAP
34

ORDER ADOPTING 14 REPORT AND RECOMMENDATIONS and incorporating it herein. It is therefore ORDERED that the Defendants Mark A. Delledonne, Victoria A. Mackey, and the South Carolina Employment Security Commission are dismissed as parties to this case. Signed by Honorable J Michelle Childs on 12/10/10. (kmca)

Dec. 10, 2010

Dec. 10, 2010

RECAP

Case Details

State / Territory: South Carolina

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

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):

Private Plaintiff

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:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: 0

Issues

Discrimination-area:

Discharge / Constructive Discharge / Layoff