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Roosevelt in both the and presidential elections. Roosevelt and confirmed by the Senate by a vote of 63 to 16 6 Democratic Senators and 10 Republican Senators voted against him. He was the first of nine Roosevelt nominees to the Court, [4] and he outlasted all except for William O.

The fifth longest-serving justice in Supreme Court history , Black was one of the most influential Supreme Court justices in the 20th century. He is noted for his advocacy of a textualist reading of the United States Constitution and of the position that the liberties guaranteed in the Bill of Rights were imposed on the states "incorporated" by the Fourteenth Amendment. During his political career, Black was regarded as a staunch supporter of liberal policies and civil liberties.

However, Black wrote the majority opinion in Korematsu v. Black also consistently opposed the doctrine of substantive due process the anti- New Deal Supreme Court's interpretation of this concept made it impossible for the government to enact legislation that interfered with the freedom of business owners [8] and believed that there was no basis in the words of the Constitution for a right to privacy , voting against finding one in Griswold v.

Before he became a senator, Black espoused anti-Catholic views and was a member of the Ku Klux Klan , but resigned in I have had nothing to do with it since that time.

I completely discontinued any association with the organization. He was born on February 27, , in a small wooden farmhouse in Ashland, Alabama , a poor, isolated rural Clay County town in the Appalachian foothills. Because his brother Orlando had become a medical doctor, Hugo decided at first to follow in his footsteps. At age seventeen, he left school and enrolled at Birmingham Medical School. After graduating in June , he moved back to Ashland and established a legal practice.

His practice was not successful there, so Black moved to Birmingham in where he specialized in labor law and personal injury cases. Consequent to his defense of an African American who was forced into a form of commercial slavery after incarceration, Black was befriended by A.

Lane, a judge connected with the case. In , Black resigned that seat in order to return to practicing law full-time.

He was not done with public service; in , he began a four-year term as the Jefferson County Prosecuting Attorney. Three years later, during World War I , Black resigned in order to join the United States Army , eventually reaching the rank of captain.

He served in the 81st Field Artillery, but was not assigned to Europe. On February 23, , he married Josephine Foster — , with whom he had three children: Since the Democratic Party dominated Alabama politics at the time, he easily defeated his Republican opponent, E.

He was reelected in , winning Senator Black gained a reputation as a tenacious investigator. In , he chaired the committee that looked into the contracts awarded to air mail carriers under Postmaster General Walter Folger Brown , an inquiry which led to the Air Mail scandal.

The following year he participated in a Senate committee's investigation of lobbying practices. He publicly denounced the "highpowered, deceptive, telegram-fixing, letterframing, Washington-visiting" lobbyists, and advocated legislation requiring them to publicly register their names and salaries.

In , Black became chairman of the Senate Committee on Education and Labor, a position he would hold for the remainder of his Senate career. In he sponsored the Black-Connery Bill, which sought to establish a national minimum wage and a maximum workweek of thirty hours.

Black was an ardent supporter of President Franklin D. Roosevelt and the New Deal. Throughout his career as a senator, Hugo L Black would give speeches based on his belief in the ultimate power of the Constitution. During his Senate career, Black consistently opposed the passage of anti-lynching legislation. Soon after the failure of the court-packing plan, President Roosevelt obtained his first opportunity to appoint a Supreme Court Justice when conservative Willis Van Devanter retired. Roosevelt wanted the replacement to be a "thumping, evangelical New Dealer" who was reasonably young, confirmable by the Senate, and from a region of the country unrepresented on the Court.

On August 12, , Roosevelt nominated Black to fill the vacancy. By tradition, a senator nominated for an executive or judicial office was confirmed immediately and without debate. Black was criticized for his presumed bigotry, his cultural roots, and his Klan membership, when that became public. The Judiciary Committee recommended Black's confirmation by a vote of 13—4 on August 16 of that year.

The next day the full Senate considered Black's nomination. Rumors relating to Black's involvement in the Ku Klux Klan surfaced among the senators, and two Democratic senators tried defeating the nomination.

However, no conclusive evidence of Black's involvement was available at the time, so after six hours of debate, the Senate voted 63—16 to confirm Black. Ten Republicans and six Democrats voted against Black.

Graves , to fill Black's vacated seat. Florida , an early case where Black ruled in favor of African-American criminal defendants who experienced due process violations, helped put concerns to rest. As soon as Black started on the Court, he advocated judicial restraint and worked to move the Court away from interposing itself in social and economic matters.

Black vigorously defended the "plain meaning" of the Constitution, rooted in the ideas of its era, and emphasized the supremacy of the legislature; for Black, the role of the Supreme Court was limited and constitutionally prescribed. During his early years on the Supreme Court, Black helped reverse several earlier court decisions taking a narrow interpretation of federal power.

Many New Deal laws that would have been struck down under earlier precedents were thus upheld. Douglas voted alongside Black in several cases, especially those involving the First Amendment , while Frankfurter soon became one of Black's ideological foes. Jackson as a result of Jewell Ridge Coal Corp. Local , United Mine Workers However, the coal company requested the Court rehear the case on the grounds that Justice Black should have recused himself, as the mine workers were represented by Black's law partner of 20 years earlier.

Under the Supreme Court's rules, each Justice was entitled to determine the propriety of disqualifying himself. Jackson agreed that the petition for rehearing should be denied, but refused to give approval to Black's participation in the case.

Ultimately, when the Court unanimously denied the petition for rehearing, Justice Jackson released a short statement, in which Justice Frankfurter joined. The concurrence indicated that Jackson voted to deny the petition not because he approved of Black's participation in the case, but on the "limited grounds" that each Justice was entitled to determine for himself the propriety of recusal.

Truman would appoint Jackson as Stone's successor led several newspapers to investigate and report the Jewell Ridge controversy. Vinson for the position. In , Justice Black approved an order solicited by Abe Fortas that barred a federal district court in Texas from further investigation of significant voter fraud and irregularities in the Democratic primary election for United States Senator from Texas. In the s, Black clashed with Fortas, who by that time had been appointed as an Associate Justice.

In , a Warren clerk called their feud "one of the most basic animosities of the Court. Vinson's tenure as Chief Justice coincided with the Red Scare , a period of intense anti-communism in the United States.

In several cases the Supreme Court considered, and upheld, the validity of anticommunist laws passed during this era. For example, in American Communications Association v. Douds , the Court upheld a law that required labor union officials to forswear membership in the Communist Party.

Black dissented, claiming that the law violated the First Amendment 's free speech clause. Similarly, in Dennis v. United States , U. Black again dissented, writing:. Public opinion being what it now is, few will protest the conviction of these Communist petitioners. There is hope, however, that, in calmer times, when present pressures, passions and fears subside, this or some later Court will restore the First Amendment liberties to the high preferred place where they belong in a free society.

Beginning in the late s, Black wrote decisions relating to the establishment clause, where he insisted on the strict separation of church and state. The most notable of these was Engel v. Vitale , which declared state-sanctioned prayer in public schools unconstitutional. This provoked considerable opposition, especially in conservative circles. In Vinson died and was replaced by Earl Warren.

They said the Court had a role beyond that of Congress. Connecticut , which established that the Constitution protected a right to privacy. In not finding such a right implicit in the Constitution, Black wrote in his dissent that "Many good and able men have eloquently spoken and written For myself, I must with all deference reject that philosophy.

They disagreed on several issues, including the applicability of the Bill of Rights to the states, the scope of the due process clause, and the one man, one vote principle. Black's jurisprudence is among the most distinctive of any members of the Supreme Court in history and has been influential on justices as diverse as Earl Warren , [43] [44] [45] William Rehnquist , [46] and Antonin Scalia. Black's jurisprudence had three essential components: Second, Black's commitment to literalism involved using the words of the Constitution to restrict the roles of the judiciary—Black would have justices validate the supremacy of the country's legislature, unless the legislature itself was denying people their freedoms.

California , which he saw as his "most significant opinion written: I cannot consider the Bill of Rights to be an outworn 18th century 'strait jacket' Its provisions may be thought outdated abstractions by some. And it is true that they were designed to meet ancient evils. But they are the same kind of human evils that have emerged from century to century wherever excessive power is sought by the few at the expense of the many. In my judgment the people of no nation can lose their liberty so long as a Bill of Rights like ours survives and its basic purposes are conscientiously interpreted, enforced, and respected I would follow what I believe was the original intention of the Fourteenth Amendment—to extend to all the people the complete protection of the Bill of Rights.

To hold that this Court can determine what, if any, provisions of the Bill of Rights will be enforced, and if so to what degree, is to frustrate the great design of a written Constitution. Black intensely believed in judicial restraint and reserved the power of making laws to the legislatures, often scolding his more liberal colleagues for what he saw as judicially created legislation. Conservative justice John M.

Harlan II would say of Black: Black opposed enlarging constitutional liberties beyond their literal or historic "plain" meaning, as he saw his more liberal colleagues do.

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WARREN v. KENDALL COUNTY | No. 15 CV | a93| www.revelation-movie.com

No deputy, other than Warren, had been untruthful during a formal interrogation and then enlisted a third party to make a statement that by the third party's own admission was false. For an individual defendant to be liable under section , he or she must have participated directly in the constitutional violation. Illinois Dep't of Nat. Here, Commander Jennings initiated the investigation into Warren's jury service but Chief Koster took over the investigation and independently gathered additional evidence and made the recommendation to Sheriff Randall to terminate Warren's employment for reasons different than those recommended by Jennings.

Warren's most egregious misconduct of presenting a redacted cell phone record and claiming that a redacted call came from her travel agent Fidler occurred after Jennings relinquished control of the investigation. Koster testified that he independently made the decision to recommend Warren's termination. Therefore, Jennings is entitled to judgment as a matter of law on this claim because she was not the decision maker and did not cause or participate in the ultimate decision to terminate Warren's employment.

Warrick County Sheriff's Dept. City of Berwyn , F. Following his investigation, Chief Koster concluded that Warren had been untruthful in violation of the Sheriff's Office Code of Conduct during the formal investigation into the circumstances of her release from jury duty, and in connection with that investigation she fabricated evidence. Warren contends that such conduct was not worthy of termination, but courts have repeatedly stated that employers "may terminate an employee for a good or bad reason without violating federal law.

Multiple courts have found that terminating law enforcement officers for untruthfulness is a legitimate basis for termination. Therefore, the untruthful law enforcement officer was not qualified for the job. For example, in Thomas v. Johnson , F. Village of Oak Park , F. Warren has also testified that she was not untruthful because she did not realize that jurors were not allowed to have cell phones, she honestly believed that she was only released for lunch, that she did receive a phone call telling her that she was no longer needed, that she reasonably believed that the call came from the court, and that the Sheriff's Office failed to follow up on her claim that there were calls missing from her phone records.

For purposes of this motion, such contentions are neither relevant nor material. The main question is whether Chief Koster honestly believed the reasons he gave for recommending Warren's termination.

Trinity Structural Towers, Inc. To determine if similarly-situated co-workers outside the protected class were treated more favorably, a court examines "whether there are sufficient commonalities on the key variables between the plaintiff and the would-be comparator to allow the type of comparison that. Agency , F. To establish that her male co-workers were similarly situated, Warren must show that they were directly comparable to her in all material respects although they need not be identical in every conceivable way.

Generally this involves examining whether the two employees shared the same supervisor, were subject to the same standards and had engaged in similar conduct, without significant differentiating factors or mitigating circumstances that would distinguish their conduct or justify the employer's differential treatment of them.

Indiana Dep't of Transportation , F. The similarly-situated inquiry is flexible, common-sense, and factual and essentially asks whether there are there enough common features between the individuals to allow a meaningful comparison. Chief Koster testified that over the years, he has looked at hundreds of investigation reports and has never seen a situation as egregious as this one in which an employee is not only untruthful during a formal investigation, but also coerces a third party to provide false information as part of that investigation.

Chief Koster and Commander Jennings are not aware of any employee other than Warren who attempted to fabricate evidence during an investigation into his or her alleged rule violations. The Sheriff's Office has terminated numerous male employees who have been found to have been untruthful during a formal investigation. Warren has identified the following incidents which she claims demonstrate that she was treated worse than similarly situated male deputies: For the cases cited by Warren, the alleged comparators admitted the misconduct of which they were accused, but the same is not true here and there is no evidence to support the conclusion other than Levy's termination that any of these officers were untruthful during a formal interrogation or committed any of the type of misconduct of which Warren is accused.

In November Commander Jennings gave Deputy Levy an unpaid three day suspension for engaging in unprofessional behavior with a female inmate. Jennings could not substantiate the allegations that Levy denied due to the lack of supporting witnesses, and after reviewing Jennings's report, Chief Koster concurred with her findings and recommendation because while he personally believed that Levy was being untruthful about whether Levy solicited the letter from the inmate, the investigation could not substantiate the allegations and there was not enough evidence to terminate his employment.

Similarly in Coleman v. Donahoe , the court noted that an arbitrator found that the postal service lacked "just cause" to terminate the plaintiff because it could not prove that she "actually had an intent to harm [her supervisor]. For the same reasons as expressed in Coleman , Koster could not rely solely on his suspicions to support just cause for Levy's termination. There is no admissible evidence establishing that Levy's denials of the allegations against him in were untruthful.

Levy's termination supports defendants' position that gender plays no role in termination decisions for untruthfulness. Defendants terminated Levy for providing false statements during an official police interview into misconduct involving an inmate. While Koster believed that the inmate was credible, ultimately such credibility determinations did not form the basis of his recommendation for Levy's termination.

As for the February incident with Deputy Dean who also was later terminated for untruthfulness , Koster noted that unlike Warren, Dean did not commit an act of untruthfulness or provide false information pursuant to a formal interrogation. In December , Deputy Crumly was disciplined for providing food to inmates and receiving gifts from inmates.

During his informal interrogation, Deputy Crumly was asked whether he received a gift from an inmate and he indicated that he had. Crumly had received pickles and soap from a work-release inmate.

He was also asked whether he gave food to an inmate and he indicated that he had brought venison stew to the jail and gave some to an inmate. There were witness statements indicating that the stew was shared with more than one inmate, but the incident was over 3 years old and Koster thought the admission of providing the food to inmates was more important than the recollection of whether it was one or more inmates who received it.

Crumly admitted his wrong doing and received a 5-day suspension for it. In May , Deputy Graham was disciplined for failing to report that he drew his Taser on an inmate although he did not discharge it. The inmate was being disrespectful and combative so Graham drew his Taser on the inmate.

Graham never deployed the Taser but he should have included in his report that the weapon had been drawn. Graham admitted failing to include the information in his report and was disciplined with a written reprimand.

Graham was never untruthful about the use of his Taser. For the December discipline of Deputy Brennan and the June discipline of Deputy Buis for abuse of sick time and frequent tardiness, neither was untruthful during the investigation into those incidents or engaged in an elaborate intentional deception by recruiting other persons to fabricate evidence or to perpetuate a lie. The testimony of both Jennings and Koster show that the Sheriff's Office view time infractions as abuse of time, not issues of untruthfulness.

As they explained, sometimes the deputies misunderstand their supervisors and believe that just because they are assigned a certain number of hours per shift, they have to uniformly put down those numbers of hours on their timesheets, and not the actual hours worked.

Koster also testified that he disciplined female deputies for sick leave abuse in the same manner as male deputies. Deputy Jean Dunahoe, a corrections deputy, called in sick stating that she could not report for duty. Subsequently, Commander Jennings either saw Dunahoe or ran into her at Buffalo Wild Wings having dinner with her family. Deputy Dunahoe was disciplined with a one-day suspension with options rather than being disciplined for a truthfulness violation.

This goes to show that the Sheriff's Office is consistent when issuing discipline for sick leave regardless of the deputy's gender. Contrary to Warren's claims of preferential treatment for male deputies, several male deputies who were untruthful during formal interrogations have been terminated, such as Dean and Geisen.

Warren seeks to distinguish Dean and Geisen on the basis that she was terminated by Sheriff Randall while Dean and Geisen were terminated by current Sheriff Baird. This is a distinction without a difference. The relevant issue is that Warren, Dean, and Geisen were all terminated based on the recommendation of Chief Koster. In any disciplinary incidents prior to their ultimate termination, Deputies Dean and Levy never lied during a formal interrogation, attempted to fabricate evidence, or engaged in intentional deception during the formal investigation.

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