Filed Date: Jan. 26, 2007
Closed Date: 2008
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On January 26, 2007, an employee filed a lawsuit under the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §§ 4301-4333 in the U.S. District Court for the Western District of Louisiana against Don A. Scoggins d/b/a Five Star Janitorial. The plaintiff asked the court for injunctive and compensatory relief, alleging that the defendant willfully terminated his employment because of his military service in the Louisiana Army National Guard.
A consent decree was entered by the District Court (Judge Rebecca F. Doherty) on January 31, 2007 that stated: (1) the defendant shall not take any action against any person that constitutes retaliation or interference for assisting or participating in the investigation; (2) the defendant shall not refuse to hire any individual or discharge any employee based on military service obligations; and (3) the defendant shall pay the plaintiff compensatory damages.
This case was dismissed on July 26, 2007.
Summary Authors
Erin Forman (10/25/2007)
Doherty, Rebecca F. (Louisiana)
Methvin, Mildred E. (Louisiana)
Danis, Jodi B (District of Columbia)
Morrison, Jeffrey G. (District of Columbia)
Palmer, David J. (District of Columbia)
Doherty, Rebecca F. (Louisiana)
Methvin, Mildred E. (Louisiana)
Last updated July 8, 2023, 3 a.m.
State / Territory: Louisiana
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Jan. 26, 2007
Closing Date: 2008
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Samuel G. Elias, a member of the Louisiana Army National Guard
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Don A. Scoggins d/b/a Five Star Janitorial (Leesville, Vernon), Private Entity/Person
Case Details
Causes of Action:
Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 2007 - 2008
Issues
General:
Discrimination-area:
Discharge / Constructive Discharge / Layoff
Discrimination-basis: