Employment & Labor Law
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Henry v. City of Tallahassee
15 Fla. L. Weekly Fed. D363 (N.D. Fla. June 23, 2002)
Plaintiff and another off-duty police officer contracted to provide off-duty security at a teen dance. The promoter failed to pay the off-duty officers and was subsequently handcuffed until other officers arrived. The plaintiff was terminated because the Chief of Police believed that plaintiff had committed a crime and had been untruthful in an Internal Affairs and Criminal Investigation Division investigations relating to the incident. The court found that the plaintiff has failed to comply with local rules requiring a separate, short and concise statement of the material facts as to which it is contended there exists a genuine issue of material fact to be tried (appropriate deposition, affidavit, interrogatory, admission or other source of the relied upon material fact). Plaintiff also failed to establish that other similarly situation non-black officers were treated more favorably. Even if a prima facie case had been established, the defendant articulated a legitimate nondiscriminatory reason for terminating the plaintiff based on legitimate, nondiscriminatory reasons (criminal implications of the plaintiff
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