CASES OF INTEREST
Tarvin, et al., v. Board of Educ., East St. Louis Sch. Dist. No. 189, et al., (S.D. Ill. 2009). Our clients are two precinct committeemen and a local union official who were employed by the school district as carpentry supervisor, and in-house detention coordinator and school security coordinator. They were demoted and suffered pay decreases because they supported candidates for school board other than those endorsed by the Democratic Party. This First Amendment retaliation case seeks declaratory and injunctive relief and damages.
In the Interest of R.M., No. 05-09-0373 (5th Dist. Ct. App. 2009). Our clients are foster parents who had custody of a 2-yr. old child with disabilities since birth. The Illinois Dep’t. of Children and Family Services (“DCFS”) sought to change the child’s custody to a paternal grandmother after DNA tests revealed the father’s identity, even though the father is accused of child sexual abuse. Our clients intervened in the Juvenile Court case, then prevailed in a DCFS administrative hearing, where the hearing officer determined that the DCFS decision was not consistent with the child’s need for safety and reversed the decision of DCFS. The grandmother then filed for administrative review in Juvenile Court, which was wrongly granted. The Associate Circuit Judge ordered custody to the grandmother and cut off visitation to our clients. An appeal is pending.
Bouas v. Board of Educ., Mascoutah Comm. U. Sch. Dist., Charge No. 19, Charge No. 560-2008-02929 (Illinois Human Rights Commission 2008) is an employment discrimination case against a school district which initially hired our client, a former police officer, then fired him from his campus monitor job when it learned that he received disability benefits. Our client is seeking reimbursement, back pay and instatement to the job.
D. C., et al. v. City of Collinsville, Illinois, No. 3:09-cv-026-GPM (S.D. Ill. 2009) is a Fair Housing case against the City of Collinsville for denial of zoning approval for a supported housing development for 16 persons with chronic mental illness. Our client owns the apartment building and the supported housing development was to be funded and managed by a local mental health agency. Shortly after suit was filed, the City granted zoning approval. The case then settled upon payment of damages of $55,000 and payment of plaintiffs’ attorney’s fees of $34,000.
N.L., et al., v. Special School District of St. Louis County, No. 4:08-cv-1804-CEJ (E.D. Mo. 2008) is an appeal of a special education due process hearing. Our client is a 10-yr. old adoptee with reactive attachment disorder. The hearing panel found that the school district’s placement of the child at a private day school was not in the least restrictive environment and that his former placement violated his right to a free appropriate public education. This appeal seeks reimbursement of the parents’ tuition expenses and recovery of their attorney’s fees.
Thomas Watts v. Village of Freeburg, Illinois, No. 08-cv-862-DRH (S.D. Ill. 2008) is an action on behalf of a retired police officer who never received overtime pay for feeding, bathing, grooming and caring for Sarah, a K-9 police dog. The lawsuit seeks overtime pay, liquidated damages and attorney’s fees.
In Metropolitan St. Louis
Equal Housing Opportunity Council v. Tillman,
et al., No. 2:07-cv-4114-NKL
(W.D. Mo. 2007), our client filed suit after discovery of construction at
several large condominium developments at Lake of the Ozarks which were
inaccessible to persons with disabilities.
We reached a settlement agreement with the developers and architects to fully
retrofit existing condo units at an owner’s request, to create accessible
routes to and from common and public use areas, and to assure fully accessible
public accommodations, all secured by the developer’s letter of credit. Plaintiff also obtained damages and
attorney’s fees of $105,000.
Gerken
v. Sherman, 276 S.W. 3d 844 (W.D. Mo. App. 2009), is a class action seeking
payment to our clients of funds wrongfully diverted from the Blind Pension
Fund. The Court of Appeals recently
decided that the state’s method of calculating annual increases to our clients’
Blind Pension payments was incorrect. A
special master has been appointed to advise the court about appropriate Blind
Pension payments to class members, including payments for Pension benefits
wrongfully withheld.
In Crockett v. St. Clair County Emergency Service, Charge No. 2006SF2176, ALS No. S07-568 (Illinois Human Rights Commission 2006), our client, a person with a mobility impairment who uses a wheelchair to ambulate, complained about the County’s refusal to provide him with an accessible parking space and an automatic door opener at his place of employment. County officials claimed his work site was “ADA accessible,” ignoring his request for a reasonable accommodation. Eventually he was denied a promotion, faced a hostile work environment, and was constructively discharged. In this administrative proceeding he sought instatement to a supervisory position, back pay, damages and attorney’s fees. The case was settled confidentially in August 2009.
In
SSDN v. Missouri Dept. of Health and Senior Services, No. 06CACFP009, the
State attempted to terminate our client’s food service program at its sponsored
child care centers for alleged serious deficiencies in Child and Adult Care
Food Program. An adverse decision would have cost our client more than
$500,000 and prevented its participation in the CACFP program for seven
years. We obtained partial summary judgment against the State, and the
State subsequently dismissed the remaining charges. Then the ALJ ordered
reimbursement of all of SSDN’s attorney’s fees and expenses from the
Department.
V.H., et al., v. Board of Education,
In IMPACT, Inc. et al., vs.
Barbour v. Weeks, et al., No. 03-596-WDS (S.D. Ill. 2003) is a civil rights and negligence case we filed against a private landlord and the St. Clair County Housing Authority on behalf of our client, a child suffering from lead paint poisoning. The case has settled for $ 1,240,000.00.
In