Filed Date: Aug. 23, 2004
Closed Date: Feb. 1, 2005
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This case was brought in the U.S. District Court of California for the Eastern District of California on August 23, 2004 by the Alliance Defense Fund ( a legal alliance defending religious liberty) against the California Department of Social Services, alleging unjustifiable restrictions on the free speech and expression rights of a Department employee. Officials in the department had removed from the employee's cubicle a sign that read "Marriage: One Man One Woman" and another; "Jesus Spoken Here" claiming they violated the Department's Policy Prohibiting Sexual Harassment and Unprofessional Conduct.
About a month later, the court (Judge William B. Shubb) stayed all proceedings in the case so that the parties could try to settle it. They were successful, and on December 27, 2004, the plaintiff agreed to voluntarily dismiss his complaint in exchange for $2,750 and assurances that no reference to the events addressed would ever be present in his official personnel file, that the Department would clarify its Policy Prohibiting Sexual
Harassment and Unprofessional Conduct to specify that an employee is not subject to discipline merely because someone might or does disagree with the point of view expressed by that employee, and that plaintiff would be permitted to place expressive items in his cubicle, including some he had previously been instructed to remove.
Summary Authors
Denise Heberle (8/6/2012)
Bull, Benjamin W. (Arizona)
Carden, Joshua W. (Arizona)
Koons, Kevin D. (Indiana)
Bass, David Ira (California)
Appelsmith, Jacob A. (California)
Nowinski, Peter A. (California)
Shubb, William B. (California)
Last updated April 16, 2024, 3:03 a.m.
State / Territory: California
Case Type(s):
Key Dates
Filing Date: Aug. 23, 2004
Closing Date: Feb. 1, 2005
Case Ongoing: No
Plaintiffs
Plaintiff Description:
An employee of the California Department of Social Services whose officials allegedly unjustifiably subjected the employee to restrictions on his rights to free speech and expression.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
California Department of Social Services, State
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Expungement of Employment Record
Issues
Discrimination-area:
Type of Facility: