Thompson v. Millard Public School District No. 17

by
The Supreme Court vacated in part the judgment of the district court overruling Plaintiff’s motion to recuse and granting summary judgment to Defendants on all of Plaintiff’s remaining claims, holding that the judge should have recused himself. Plaintiff brought suit against Defendant, her former employer, claiming retaliation, hostile work environment, and other claims. The district court granted summary judgment on the latter three claims. Defendant then moved for summary judgment on the retaliation and hostile work environment claims. When the district court judge assigned to the case became aware that his brother-in-law was a potential witness Plaintiff moved for recusal. Plaintiff then amended her complaint and added a claim under the Equal Pay Act, 29 U.S.C. 206(d). The district court overruled the motion to recuse and granted summary judgment on the remaining claims. The Supreme Court affirmed to the extent of the claims disposed of before the assertion of the Equal Pay Act claim and vacated as to all other claims, holding that because the judge’s brother-in-law was likely to be a material witness, Neb. Rev. Stat. 5-302.11(A)(2)(d) mandated disqualification of the judge. View "Thompson v. Millard Public School District No. 17" on Justia Law