Case: United States of America v. Indiana Department of Correction

1:05-cv-00118 | U.S. District Court for the Southern District of Indiana

Filed Date: Aug. 10, 2005

Closed Date: Sept. 28, 2005

Clearinghouse coding complete

Case Summary

On August 10, 2005 the United States Department of Justice ("D.O.J.") filed a lawsuit under Uniformed Services Employment and Reemployment Act of 1994, 38 U.S.C. §§ 4301-4333 ("USERRA"), in the U.S. District Court for the Southern District of Indiana against the Indiana Department of Correction. The D.O.J asked the court for injunctive and compensatory relief, alleging that the defendant had violated USERRA by denying benefits and compensation to a corrections officer who took leave to undergo…

On August 10, 2005 the United States Department of Justice ("D.O.J.") filed a lawsuit under Uniformed Services Employment and Reemployment Act of 1994, 38 U.S.C. §§ 4301-4333 ("USERRA"), in the U.S. District Court for the Southern District of Indiana against the Indiana Department of Correction. The D.O.J asked the court for injunctive and compensatory relief, alleging that the defendant had violated USERRA by denying benefits and compensation to a corrections officer who took leave to undergo active duty military training as an army reserve.

Specifically, the complaint alleges that the Indiana Department of Correction violated USERRA by: (1) denying the individual corrections officer, after the completion of his active duty, reemployment rights and benefits and other employment benefits protected under USERRA by -- (a) suspending him from employment, and (b) terminating him from employment with loss of pay and loss of seniority and related benefits; (2) failing or refusing to take appropriate action to remedy the effects of the violations above including failure and refusal to provide compensation for the period of work in which he was terminated, and failure to restore seniority and related benefits he lost due to termination.

The parties filed a consent decree concurrently with the complaint; the District Court (Judge John Daniel Tinder) entered the decree. The consent decree provides that the defendant: (1) shall not take any action against any person which constitutes retaliation or interference with the exercise of such person's rights under USERRA, or because such person gave testimony or assistance or participated in any manner of proceeding or investigation connected with this case; (2) shall compensate the individual corrections officer for the lost wages, seniority, and related benefits that occurred as a result of not being employed continuously by the Indiana DOC from August 2003 to December 2, 2003. A minor modification of the decree was filed a couple of weeks later.

This case was closed on September 28, 2005.

Summary Authors

James Floyd (11/1/2007)

People


Judge(s)

Baker, Tim A. (Indiana)

Tinder, John Daniel (Indiana)

Attorneys(s) for Plaintiff

Avila, David Pablo (District of Columbia)

Fenton, William B. (District of Columbia)

Palmer, David J. (District of Columbia)

Schlozman, Bradley (District of Columbia)

Attorneys(s) for Defendant

Bramer, Richard M (Indiana)

Bugher, Robert D (Indiana)

Judge(s)

Baker, Tim A. (Indiana)

Tinder, John Daniel (Indiana)

Attorneys(s) for Plaintiff

Avila, David Pablo (District of Columbia)

Fenton, William B. (District of Columbia)

Palmer, David J. (District of Columbia)

Schlozman, Bradley (District of Columbia)

Attorneys(s) for Defendant

Bramer, Richard M (Indiana)

Bugher, Robert D (Indiana)

Documents in the Clearinghouse

Document

1:05-cv-00118

Docket

Sept. 8, 2005

Sept. 8, 2005

Docket
6

1:05-cv-00118

Joint Motion by Plaintiff The United States and Defendant Indiana Department of Correction for Order Entering Consent Decree and Retaining Jurisdiction

Aug. 10, 2005

Aug. 10, 2005

Pleading / Motion / Brief
7

1:05-cv-00118

Consent Decree

Aug. 10, 2005

Aug. 10, 2005

Settlement Agreement
1

1:05-cv-00118

Complaint

Aug. 10, 2005

Aug. 10, 2005

Complaint
8

1:05-cv-00118

Stipulation and Order

Aug. 26, 2005

Aug. 26, 2005

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against INDIANA DEPARTMENT OF CORRECTION with JURY DEMAND, filed by Plaintiff, UNITED STATES OF AMERICA.(KLS, ) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

Clearinghouse
2

CIVIL COVER SHEET by UNITED STATES OF AMERICA. (KLS, ) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

3

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction (KLS, ) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

4

NOTICE of Appearance filed by Richard M. Bramer on behalf of Plaintiff, UNITED STATES OF AMERICA. c/s (KLS, ) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

5

NOTICE of Appearance filed by David P. Avila on behalf of Plaintiff, UNITED STATES OF AMERICA. c/s (KLS, ) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

6

MOTION (Joint) for Order entering Consent Decree and Retaining Jurisdiction filed by Plaintiff, UNITED STATES OF AMERICA and Defendant, INDIANA DEPARTMENT OF CORRECTION. (Attachments: # 1 Consent Decree)(KLS, ) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

Clearinghouse
7

CLOSED JUDGMENT Consent Decree. Signed by Judge John Daniel Tinder on 8/10/05 -cm. (EAH, ) (Entered: 08/11/2005)

Aug. 10, 2005

Aug. 10, 2005

Clearinghouse
9

ORDER APPROVES Stipulation . Signed by Judge John Daniel Tinder on 8/29/05 -cm. (EAH, ) (Entered: 08/29/2005)

Aug. 29, 2005

Aug. 29, 2005

10

Mail Returned as Undeliverable. Mail sent to William B. Fenton. (EAH, ) (Entered: 09/13/2005)

Sept. 8, 2005

Sept. 8, 2005

Case Details

State / Territory: Indiana

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 10, 2005

Closing Date: Sept. 28, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States of America on behalf Corrections Officer who is a member of the Army Reserve

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

Indiana, State

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2005 - 2006

Issues

Discrimination-area:

Accommodation / Leave

Pay / Benefits

Promotion

Seniority

Discrimination-basis:

Military status discrimination

Affected Gender:

Male