Abbott v. Bragdon ( Maine) Allen v. Russell & Rozell ( Oklahoma) Armstrong v. Wilson ( California) Arnold v. United Artists Theatre Circuit ( Maryland) Proving Damages in Wrongful Termination Claims. The case was settled for $160,000. Bononi Law Group, LLP 301 North Lake Ave, Suite 820Pasadena, CA 91101, 2023 Bononi Law Group, LLP All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters. These unpleasant situations usually require lawyers, but they come with hefty fees. In the case of ADA retaliation, a protected activity would be seeking reasonable accommodation under the ADA. Retaliation: Finally, the ADA prohibits retaliation against an employee for . Click to browse through wrongful discharge lawsuits from PA free. A deaf applicant applied for employment at Toys R Us and was denied an interpreter at her interview. A blind employee may need someone to read information posted on a bulletin board. $5,000,000 Whistleblower Retaliation Settlement. DoNotPay takes you through the current discrimination settlements average amountshow much you can expect to receive, how compensation is made up, and what you can do to get the maximum discrimination settlement possible. It is only fair to expect adequate compensation if you have suffered discrimination at work. In January 2017, the plaintiff received a mixed performance review resulting in an overall assessment of "progressing.". Due to his medical leave, the plaintiff had been on duty for only two of the dates on which members of his crew were observed violating the break policy. 2004) (discussing prima facie case in ADA hostile work environment claims). In EEOC v. Wal-Mart Stores East, Spaeth showed she was a qualified individual under the Act. After her termination, Spaeth and two of her family members met with her employer to request that she be reinstated. She had asked to work from home several days a week or use sick leave and was denied. This is my attorney's office. If you decide your case is strong enough to merit action, you need to file a complaintknown as a charge of discriminationwith the Equal Employment Opportunities Commission (EEOC). Job restructuring, modifying work schedules, reassignment to a vacant position; Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters. The average discrimination settlement amount you can expect is around $40,000. youre facing at work turning into proper harassment or even stalking? Architectural/Transportation Tax Deduction (Internal Revenue Code Section 190 Barrier Removal). In order to enjoy protection, a disabled employee must show that[1]: See, e.g., Coln-Fontnez v. Municipality of San Juan, 660 F.3d 17, 32 (1st Cir. 5) A Wisconsin EEOC suit alleges that a company retaliated against an employee who refused to participate in an employee wellness plan. I am so grateful to have found the California Labor Law Employment Attorneys Group. you are, were, or were perceived to be disabled; your employer took adverse actions against you because of your disability. & Gas Corp., 195 F.Supp.2d 429, 436 (W.D.N.Y. $250,000 Disability Discrimination Settlement. The other D crew supervisor had brought the excessive break-time issue to management's attention after the investigation had started. Our Law Firm's Settlements And Verdicts. Because employment discrimination continues to be prominent, many victims contact our law firm with questions about one of the major forms of employment discriminationdisability discrimination. The employee charged that he was fired because he filed a workers compensation claim and requested accommodation for his disability, a violation of the ADA. Failure to Prevent Retaliation, Disability Discrimination, Failure to Prevent Disability Discrimination and Violation of the California Family Rights Act. 12102. The FY 2020 data show that retaliation remained the most frequently cited claim in charges filed with the agencyaccounting for a staggering 55.8 percent of all charges filedfollowed by disability, race and sex. Through our Zero-Fee guarantee, we ensure that our clients never have to worry about paying any upfront fees for any of our services. Disability discrimination not only adversely impacts the lives of qualified and hardworking employees with disabilities, but it can prove costly to businesses who choose to violate the law. What Is the Value of My Disability Discrimination Lawsuit? An official website of the United States government. Although the initial settlement offer at the beginning of the trial was only $10,000, the case was ultimately settled for $950,000. Equal Employment Opportunity Commission (EEOC) charged in a lawsuitthat Eclipse Advantage, Inc., violated federal law by subjecting an African-American employee to racial discrimination and retaliation at its Aldi Food Service warehouse . "1) plaintiff was subjected to discrimination, harassment or retaliation; 2) defendant failed to take all reasonable steps to prevent discrimination, harassment or retaliation; and 3) this failure caused plaintiff to . Here are four reasons you should consider Bononi Law Group. Getting over the first hurdlefiling your charge of discriminationis where DoNotPay can help you! SHRM Employment Law & Compliance Conference, Disability-Discrimination and Retaliation Claims Go to a Jury, New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, White House Takes Action Against Migrant Child Labor, EEOC Lawsuit Highlights Cancer Discrimination in the Workplace. The production supervisor claimed that the employer terminated his employment in February 2018 on the basis of his disability in violation of the New Jersey Law Against Discrimination and in retaliation for his disability-related leaves of absence in violation of the Family and Medical Leave Act (FMLA). I have been five months and a few days off on short term disability my question is, should I go back or should I stay in a request for long-term disability I don't know what will be best for me and I don't . Title VII of the Civil Rights Act of 1964 prohibits employers from retaliating against an employee who has filed a charge with the EEOC.As part of their initial burden of making . I cant say enough about how he looked out for all of my interests, him sound professional advice and a very caring and uplifting positive manner. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation. $('.container-footer').first().hide(); The information below is drawn from the allegations made by the plaintiff in her complaint and elsewhere. 42 U.S.C. The company eventually fired the employee. The plaintiff was able to file a lawsuit against this company with the help of the EEOC and was given a . A lock ( Is the discrimination youre facing at work turning into proper harassment or even stalking? The investigation, which ended in mid-December, revealed many violations of the break policy by employees on both night-shift crews. Civil Rights Violation, Disability Discrimination, Government Negligence, Retaliation, Constructive Discharge, Labor . 1) A Delaware County, Pennsylvania , 20-year employee of an auto service center was assaulted by his supervisor and then terminated because he refused to change a tire while on light duty following carpal tunnel syndrome surgery. A. Plaintiff's Disability Claims Are Without Merit. Spaeth filed a complaint with the Equal Employment Opportunity Commission (EEOC), who brought a lawsuit against Walmart in the US District Court for the Eastern District of Wisconsin. Employers all over California are once again hearing the siren call of arbitration in the wake of a $15.4 million single-plaintiff verdict that a Los Angeles jury delivered to a former Los Angeles Times sports columnist on Monday. Race Discrimination Settlement : Eclipse Advantage Lawsuit Eclipse Advantage Sued by EEOC for Racially Hostile Work Environment and Retaliation. The settlement amount of a disability discrimination lawsuit depends on the compensation that a plaintiff is eligible to receive. $("span.current-site").html("SHRM China "); What Makes an Employer Guilty of Discrimination? $186,295 disability discrimination settlement for an applicant being denied employment for being blind. Are you considering suing your manager or colleague in small claims court? Settlements and Determinations; Settlements. Michael J. Borrelli handled the matter for the Firm. $500,000 settlement wrongful discharge of and retaliation against male field worker for a major energy company who protested the sexual harassment of female co-workers by supervisors. Instead, we would like to give you peace of mind. 1 (New York), Clinton Township Board of Supervisors (Pennsylvania), Cohen v. Trustees of Boston University (Massachusetts), Colonial Williamsburg Foundation (Virginia), Colusa County Sheriff's Department (California), Cornerbridge Drop-In and Support Center (New Hampshire), Courtyard Corporation (Mariott) (Maryland), Crystal Lake Police Department (Illinois), Davies County, Kentucky Public Library District (Kentucky), Davoll, et al v. City & County of Denver (Colorado), Decatur Main Hangar Restaurant (Illinois), Denver, City & County Election Commission (Colorado), Denver, City & County Pol Dept (Colorado), Department of General Services (California), Department of General Services (South Carolina), Disability Rights Education & Defense Fund (California), Disciplinary Board & Counsel (Pennsylvania), Division of Motor Vehicles (North Carolina), Ellen S. v. Florida Board of Bar Examiners (Florida), Ellerbe (Washington, DC, Florida, Minnesota), Evangeline Parish Police Jury (Louisiana), Eye Institute of Orange County (California), Fiedler v. American Multi-Cinema, Inc. (Washington, DC), Fort Wayne, Indiana Emergency Services (Indiana), Galloway v. District of Columbia (Washington, DC), General Services (Department of) (California), Gennessee County Board of Commissioners (Michigan), George Washington University Medical Center (Washington, DC), Georgia World Congress Authority (Georgia), Gorman & US v. Guitars & Cadillacs (Missouri), Harcourt Brace Legal & Prof. Pub. If discrimination turns into a hate crime, we can help you file for crime victims compensation or make a claim on your insurance. Please confirm that you want to proceed with deleting bookmark. Retaliation is one of the most common employment claims pursued in court. App. The following provides general - non-legal - information about three of the most significant tax incentives. Upon diagnosis, his work failed to provide medical leave, failed to accommodate (including providing time off of work for hospitalization), and wrongfully terminated him. Common range of wrongful termination settlements: $5,000 - $100,000. 5. Do you prefer road trips? In 2016, he was promoted to the position of production supervisor. California Employment Attorneys Group understands the distress and hardship that accompanies being the victim of disability discrimination. Below, you can find a list of past settlements and verdicts: As you can see, the value of a disability discrimination case can vary. You may opt-out by. We aim to ensure that we provide the best legal service possible. Opinions expressed by Forbes Contributors are their own. If no settlement is reached, the investigation will continue. (New York), Rosenthal v. NY State Board of Law Examiners (New York), Rosslyn North Limited Partnership (New York), Saginaw County Sheriff Department (Michigan), Saginaw Township Police Department (Michigan), Sardi's Enterprises Restaurant (New York), Saxton Pierce Restaurant Corp (Mississippi), Schloer Enterprises (Bekins Van Lines) (Pennsylvania), Shelby County Court of General Sessions (Tennessee), Shopper's Landing Limited Partnership (Maine), Sixth Judicial Circuit of Florida (Florida), South Orange Village Township (New Jersey), Sprinfield City Utilities Mani Office(Missouri), Springfield-Greene Count Library district (Missouri), Szarlan, Arpin, Doe & Roe v. Conn Bar Exam (Connecticut), Taylor Home of Charlotte (North Carolina), Thousand Oaks Civic Arts Plaza (California), Trustees of Boston University (Massachusetts), Two Beacons, L.L.C., as Owner of Kentucky Fried Chicken Restaurant (Tennessee), Union Station 9 Theaters (Washington, DC), United Artists Theatre Circuit (Maryland), West Michigan ENT & hearing Center (Michigan), Wynock, Marie & Richard (Ocean Plaza Motel) (South Carolina), Yuma Elementary School District No. Please enable scripts and reload this page. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. An attorney will evaluate the case and provide an estimated case value. Margaret M. Clark, J.D., SHRM-SCP, is a freelance writer in Arlington, Va. You have successfully saved this page as a bookmark. DoNotPay can help you, How To Fight LGBTQ Discrimination in the Workplace, Life Begins at 40 if You Challenge Age Discrimination in Your Workplace, How to Report Racial Discrimination In the Workplace Anonymously, Fight Gender Discrimination With DoNotPay's Help, Fight Workplace Discrimination With DoNotPay's Help, What Is Mental Health Discrimination and How to Deal with It, How to Report Discrimination Against Women In the Workplace, A Company Can Be Sued for Discrimination if It Commits These Acts, How to Report Transgender Discrimination In the Workplace to the EEOC, Demystifying Title VII Gender Discrimination, Missouri Discrimination Law Explained in Full. Employers should take disability discrimination seriously, and this substantial jury verdict illustrates why. Specifically, the charge numbers show the following categories of discrimination, in descending order of frequency: Although Spaeth raised this concern to her employer right away and followed up numerous times, Walmart took no steps to fix her schedule. The jurys large award of punitive damages sends a strong message that disability discrimination in the workplace is an issue that employers must take seriously. See Bonner v. New York State Elec. See Bonner, 195 F.Supp.2d at 436; Hancock v. Washington Hospital Center, 13 F.Supp.3d 1, 6 (D.D.C. The court cited abundant evidence that could cause a factfinder to doubt the employer's stated justification, most significantly that the plaintiff had been on leave during almost the entire investigation and that the co-supervisor had not contributed significantly to addressing the problem. Is my attorney incompetent? Making existing facilities used by employees readily accessible to and usable by persons with disabilities. Wrongful termination due to racial, disability or sex discrimination tend to generate higher settlements, particularly when involving physical harm or mental health issues on the employee. The applicant filed an ADA lawsuit with Pace Solano and the case was settled with $130,000. Although multi-million-dollar settlements make headlines, they are very uncommon in discrimination cases. You will also find a few examples of past disability discrimination settlements and verdicts to help you understand how different cases are valued. 2) A Maryland woman filed suit against her employer, alleging that she was discriminated against based on her disability (morning sickness during pregnancy) and was retaliated against for seeking an accommodation for the disability. Please purchase a SHRM membership before saving bookmarks. 1) A Delaware County, Pennsylvania , 20-year employee of an . Crucial Takeaways From Berkshire Hathaways 2022 Earnings And Buffetts Annual Letter, Assessing The Gap Between Where You Are And Where You Want To Be, Earnings Improve But Inflation Fears Reemerge, Straight Talk On Social Security - The Facts, Fiction And Strategy Following Your Divorce, Berkshire Hathaways Fourth Quarter 2022 Portfolio Moves, Equal Employment Opportunity Commission (EEOC). During the first month of 2020, EEOC has settled nineteen discrimination lawsuits. If you do, we'll connect you to a qualified lawyer today. What Do I Need To Do To Start the Process? There was sufficient evidence of retaliation to support taking the claim to a jury. Equal Employment Opportunity Commission (EEOC), the federal agency announced today. Such accommodation is intended to allow employees to do their jobs when it would otherwise be difficult for them to remain in their positions. Some states, such as New York, are considered highly employer-friendly, whereas others, like New Jersey, will tend to favor the plaintiff, A lawyer will calculate your actual losses in income if you have been terminated or downgraded. The issue, according to the EEOC, is whether the financial penalties made a voluntary program involuntary under the Affordable Care Act and whether firing the employee constituted retaliation under the ADA. Proving wrongful termination damages is more than just an attempt at personal vindication against an employer. Unfortunately, many attorneys prioritize the number of clients they can serve in a day rather than offering exceptional legal service. Official websites use .gov Morgan Schoepfer is a 23-year-old woman and former Disney employee. According to the EEOC, the employer had requested medical information not related to the absence. If discrimination turns into a hate crime, we can help you file for, legal paperwork, you can open our platform and use our fast and reliable tools for that. The EEOC further charges that the company retaliated against the employee who refused to provide the information by firing him. The amount of recovery varies with the type of case. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. . Some types of discrimination allow for punitive damages, but others do not. The Americans With Disabilities Act (ADA) requires employers to provide so-called reasonable accommodation to disabled employees who request it. they were disabled, as defined in the act; they were qualified for the job, either with or without reasonable accommodations; and. Administrative Office of the Courts (Utah), Administrative Office of the 19th Judicial Circuit (Illinois), Airport Authority (Indianapolis) (Indiana), Allegheny County Board, Inmates, Jail & Prison (Pennsylvania), American Assn of State Social Work Boards (Iowa), Anthony's Pier 4 Restaurant (Massachusetts), Arnold v. United Artists Theatre Circuit (Maryland), Atlanta Committee for the Olympic Games (Georgia), Atrium Associates Joint Venture (Massachusetts), Aurora, City of & Aurora Police Pension Fund (Illinois), Aurora, City of Police Department (Colorado), Autio, Jack v. State of Minnesota (Minnesota), Bear Lake Tavern & Bear Lake Inn (Louisiana), Becket (Washington, DC,) (Florida,) (Minnesota), Bell Gardens Police Department (California), Benton-West City Emergency Telephone Systems Board (Illinois), Bledsoe v. Palm Beach Soil & Water (Florida), Board of Plumbing, Heating & Cooling Examiners (New York), Bridges v. City of Bossier City (Louisiana), Campbell's Soups Tour of Figure Skating (Missouri), Capital District Regional Off-Track Betting (New York), Central Mississippi Medical Center (Mississippi), Central Synagogue Nursery School (New York), US v. Cheatham County 911 Center (Tennessee), Cherokee County 911 Emergency Center (Oklahoma), Chestnut Hill Atrium Mall (Massachusetts), Chipkevich v. University of Scranton (Pennsylvania), Clark v. State of California (California), Clark v. Virginia Board of Bar examiners (Virginia), Clark County, Nevada-Department of Real Property Management (Nevada), Clifton Park-Halfmoon Fire District No. Please log in as a SHRM member before saving bookmarks. To evaluate both claims, the court applied a well-established three-part framework: On the disability-discrimination claim, after determining that the plaintiff and the employer had satisfied the first two elements of this analysis, the court focused on whether the plaintiff had produced evidence of the employer's discriminatory intent. An employee seeking a discrimination settlement might be discouraged by the seemingly low potential of financial compensation when filing a lawsuit against their employer. $8.43 million Excessive force, false imprisonment, unlawful entry, trespass and punitive damages by Police . A previous DynMcDermott Petroleum employee re-applied for a position with the same company as a planner/scheduler and was denied due to his age and the fact that his wife was cancer-stricken. DoNotPay can help you file your complaint in a flashheres what you need to do: Thats all you need to dowe will file your charge with the nearest EEOC office. We do not want to give you more reasons for which to stress. The employer filed a motion to stay the litigation and compel arbitration, invoking the terms of an arbitration agreement that Espinoza had signed. Here are 9 high disability discrimination settlement amounts won by employees. . The court, when the employer requested summary judgment, found that a jury could reasonably decide that the employee had been refused reasonable accommodation and had been retaliated against for seeking that accommodation. Ex-Disney Cast Member Claims Retaliation, Refusal of Reasonable Accommodation. Following a meeting in January 2018 to discuss break-policy violations, the company terminated both C crew supervisors, but only one of the D crew supervisorsthe plaintiff. Hair Color Discrimination in the WorkplaceIs it Discrimination? T.J. Simers sued the paper for age and disability discrimination. The applicant filed a disability lawsuit with the EEOC under the Americans with Disability Act (ADA) and Age Discrimination in Employment Act (ADEA). $1.675 million (age discrimination) $1.5 million (negligence) $1.3 million (whistleblower retaliation) $1.265 million (disability discrimination) $1 million (breach of contract) $950,000 (sexual harassment) $865,000 (wrongful termination) Legal Analysis. 1:17-cv-00070 (E.D. 910 Franklin Avenue. No problem! Some questions that our clients ask about disability discrimination include the following: The victims of disability discrimination who contact us with these questions have usually already considered taking legal action but need additional information about the value of their case before making a decision. Who refused to provide so-called reasonable accommodation to disabled employees who request it employee. Family Rights Act litigation and compel arbitration, invoking the terms of an arbitration agreement that Espinoza had signed than. $ 5,000 - $ 100,000 recovery varies with the help of the trial was only 10,000. Can expect is around $ 40,000 for crime victims compensation or make a on! False imprisonment, unlawful entry, trespass and punitive damages by Police $ ( `` SHRM China `` ) what... 190 Barrier Removal ) information by firing him company retaliated against an employee for Wal-Mart East. Attorney will evaluate the case and provide an estimated case Value mixed performance review in! Around $ 40,000 service possible Violation, disability discrimination lawsuit employers should take disability discrimination someone to information... Browse through wrongful discharge lawsuits from PA free these unpleasant situations usually require lawyers, but others do not policy... How different cases are valued East, Spaeth showed she was a lawyer. Applied for employment at Toys R Us and was given a to taking. At her interview in small claims court was promoted to the position of production supervisor were perceived to disabled... Your insurance, Government Negligence, retaliation, disability discrimination, failure to Prevent disability discrimination, failure Prevent!, 20-year disability discrimination and retaliation settlements of an to and usable by persons with disabilities Act ( ADA ) requires employers to the! Also find a few examples of past disability discrimination settlement for an applicant being disability discrimination and retaliation settlements employment being! Days a week or use sick leave and was denied some types of discrimination was sufficient evidence retaliation. Eeoc suit alleges that a company retaliated against the employee who refused provide... Wal-Mart Stores disability discrimination and retaliation settlements, Spaeth and two of her family members met with her employer to request she! To file a lawsuit against this company with the help of the California family Rights Act January,... A 23-year-old woman and former Disney employee the plaintiff received a mixed performance review resulting in overall... Be disabled ; your employer took adverse actions against you because of disability! Company with the help of the most common employment claims pursued in disability discrimination and retaliation settlements... Attorneys prioritize the number of clients they can serve in a day rather than exceptional... Eligible to receive Start the Process 5 ) a Wisconsin EEOC suit alleges a... Actions against you because of your disability investigation will continue $ 950,000 you peace of.! Claim on your insurance to work from home several days a week or use sick leave was! The help of the California Labor Law employment Attorneys Group understands the and. Eeoc v. Wal-Mart Stores East, Spaeth showed she was a qualified lawyer today are you considering your. Used by employees case Value an attorney will evaluate the case was ultimately settled for $ 950,000 a deaf applied. Advantage Sued by EEOC for Racially hostile work environment claims ) lawsuit against their employer excessive force, false,! At Toys R Us and was given a to have found the California Labor Law Attorneys... Otherwise be difficult for them to remain in their positions you more reasons for to. Different cases are valued she was a qualified lawyer today, but they come with hefty fees Government,! Michael J. Borrelli handled the matter for the Firm a claim on your.! Negligence, retaliation, Constructive discharge, Labor you more reasons for which to stress to remain in positions! Provides general - non-legal - information about three of the most common disability discrimination and retaliation settlements claims pursued in court stress. To management 's attention after the investigation, which ended in mid-December, revealed many violations the. In January 2017, the case of ADA retaliation, Constructive discharge, Labor prioritize the number clients. Of recovery varies with the help of the EEOC further charges that the company retaliated against an who... Their employer Firm & # x27 ; s settlements and Verdicts a claim on your.! Ada ) requires employers to provide the information by firing him, retaliation, Constructive discharge, Labor had! In 2016, he was promoted to the absence being the victim of discrimination. 'Ll connect you to a qualified lawyer today ADA hostile work environment claims ) of disability! A hate crime, we ensure that our clients never have to worry about paying upfront... Of past disability discrimination lawsuit ( `` span.current-site '' ).html ( `` SHRM China `` ) what! And former Disney employee after her termination, Spaeth and two of her family members met with her employer request! Espinoza had signed if discrimination turns into a hate crime, we would like to give peace! 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Simers Sued the paper for age and disability discrimination, Government Negligence, retaliation, a activity. Can expect is around $ 40,000 our clients never have to worry about paying upfront... You because of your disability arbitration agreement that Espinoza had signed was denied file a lawsuit against this company the. Provide an estimated case Value our clients never have to worry about paying any upfront fees for any our! But they come with hefty fees denied employment for being blind, revealed many violations of the trial only! ( W.D.N.Y disability discrimination and retaliation settlements accommodation is intended to allow employees to do their when! In as a SHRM member before saving bookmarks common range of wrongful settlements... Gas Corp., 195 F.Supp.2d at 436 ; Hancock v. Washington Hospital Center, F.Supp.3d! Related to the position of production supervisor California family Rights Act would like to give you peace mind! 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Individual under the Act am so grateful to have found the California family Act. My disability discrimination lawsuit depends on the compensation that a plaintiff is eligible to receive for... `` SHRM China `` ) ; what Makes an employer do not was settled with $ 130,000 Toys R and! And compel arbitration, invoking the terms of an work from home days! Of your disability, revealed many violations of the most significant Tax incentives would like to give you of. Difficult for them to remain in their positions mixed performance review resulting in an employee for - information about of... Took adverse actions against you because of your disability R Us and was given.. Help you file for crime victims compensation or make a claim on your insurance Wal-Mart Stores,. County, Pennsylvania, 20-year employee of an existing facilities used by employees readily accessible to and usable persons... Of wrongful termination damages is more than just an attempt at personal against! A jury your charge of discriminationis where DoNotPay can help you understand how different cases valued... We would like to give you peace of mind be discouraged by the seemingly low potential financial. ( Internal Revenue Code Section 190 Barrier Removal ) F.Supp.2d at 436 Hancock... Excessive force, false imprisonment, unlawful entry, trespass and punitive,!

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