Lawsuit Thomas vs. Napolitano

Discussion in 'Aviation Passenger Security in the USA' started by Mike, Nov 14, 2011.

  1. Mike

    Mike Founding Member Coach

    From Leagle: Thomas v. Napolitano

    Thomas is employed as a Federal Air Marshal in the Dallas Field Office of the Transportation Safety Administration (TSA), a part of the DHS. He filed the instant lawsuit, alleging that, when he was diagnosed as a Type I (insulin-dependent) diabetic, he was denied flight status and light duty and thus required to expend all of his sick leave and annual leave or be forced to retire. He alleged that this constituted discrimination based on disability and on gender, because some women air marshals were given light duty. He also alleged that the DHS retaliated against him for complaining about the discrimination. The district court granted summary judgment based on Thomas's failure to properly exhaust administrative remedies.​

    United States Court of Appeals, Fifth Circuit.
    Filed: November 9, 2011.

    The DHS failed to carry either its legal or factual burden of showing that it was entitled to judgment as a matter of law because there was no genuine dispute as to Thomas's lack of good-faith cooperation. See Martinez, 317 F.3d at 513-14; Munoz, 894 F.2d at 1493; see also International Shortstop, 939 F.2d at 1265-66. Accordingly, the grant of summary judgment is REVERSED and the case is REMANDED for further proceedings consistent with this opinion.
  2. Lisa Simeone

    Lisa Simeone Original Member

    So, if I'm reading this correctly, and I'm not sure I am, this is good news? It's a win for our side, at least for the time being?

    Still, anytime a citizen has to go through the expense and effort of a lawsuit to get the ordinary justice to which he is entitled anyway, it's a sad state of affairs. Most of us don't have money for a protracted legal battle.
  3. Mike

    Mike Founding Member Coach

    It's a sign that perhaps the courts will slowly rein them in.
  4. nachtnebel

    nachtnebel Original Member

    This has no bearing on tsa gropes. Or am I missing something?
    Cartoon Peril likes this.
  5. Mike

    Mike Founding Member Coach

    Who said TSA gropes is the only subject discussed here?
  6. nachtnebel

    nachtnebel Original Member

    I understand that but this case looks like purely a personnel issue...I'd get more excited if some civil liberty issue were at stake.

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