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31. Personnel.

U.S. Appeals Court TERMINATION PLRA-Prison Litigation Reform Act

Coley v. Grant County, 36 Fed.Appx. 242 (9th Cir. 2002). A corrections officer who suffered from a hearing impairment and who had been terminated sued a county, alleging wrongful termination under the Americans with Disabilities Act (ADA) and related statutes. The district court district court dismissed the case and the appeals court affirmed. The appeals court held that the county had valid non-pretextual reasons for terminating the officer, based on poor performance and non-hearing-related safety concerns. The court held that the county was not obligated to make any reasonable accommodations for the officer's hearing impairment because the officer did not request it, and his disability did not prevent him from asking for an accommodation. (Grant County Jail, Oregon)


Fiesel v. Cherry, 294 F.3d 664 (5th Cir. 2002). A former state corrections officer sued corrections officials, alleging they violated his free speech rights by terminating him in retaliation for an incident in which the former officer accompanied a co-employee to an internal affairs department interview and advised the co-employee. The district court entered summary judgment in favor of the officials and the appeals court affirmed. The appeals court held that the officer's speech was not a matter of public concern because it was made solely on behalf of a co-employee, and in the context of his encounter with investigators. (Goree Unit, Texas Department of Criminal Justice- Institutional Division)
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Publication:Corrections Caselaw Quarterly
Date:Aug 1, 2002
Previous Article:30. Mental problems (prisoner).
Next Article:32. Pretrial detention.

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