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untanglingwebs
El Supremo
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| Mark the date as Natasha Henderson and the City of Flint have both agreed to a pretrial Settlement Conference. It was signed by counsel on both sides. This will take place Tuesday, March 5, 2019 @ 9 a.m. `in the Federal Court, at 231 W. Lafayette, Detroit, Michigan |
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Thu Jan 24, 2019 6:17 am |
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untanglingwebs
El Supremo
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Appeals court revives ex-Flint official's lawsuit against city for wrongful firing
Leonard N. Fleming, The Detroit News Published 6:40 p.m. ET Sept. 20, 2018 | Updated 8:55 p.m. ET Sept. 20, 2018
The U.S. 6th Circuit Court of Appeals has ruled that a former city employee's whistle-blower claims in a lawsuit filed against Flint Mayor Karen Weaver may proceed after getting dismissed by a lower court judge.
The three-judge panel agreed with Detroit federal District Judge Sean Cox that former Flint administrator Natasha Henderson couldn't sue the city of Flint on free speech grounds. But Cox should let Henderson's lawsuit go forward for allegedly violating the Whistleblower's Protection Act.
Henderson, who was fired in May 2016, sued Weaver and the city, arguing she was wrongly fired two days after sending then-city attorney Anthony Chubb an email asking him to look into an "allegation of unethical conduct" by the mayor.
Cox dismissed the three-count complaint, ruling Henderson did not prove Weaver knew of her complaint before firing her. But the Appeals Court partially reversed Cox in a 2-1 decision with a partial dissent from Joan Larsen, a former Michigan Supreme Court justice and appointee of President Donald Trump.
"Henderson has mustered sufficient circumstantial evidence of a retaliatory motive to prevent summary judgment," wrote Judge Jane Branstetter Stranch, an appointee of President Barack Obama.
But the Court of Appeals based in Cincinnati said Henderson’s job description "contains some responsibilities that arguably include reporting unlawful or unethical behavior. For example, Henderson was responsible for 'following financial best practices' and 'overseeing the day-to-day operations of the City.'”
Larsen said she agreed with the district judge's decision that the lawsuit should be dismissed in a summary judgment for the city of Flint and Weaver.
A spokesman for Weaver did not comment.
The mayor had previously denied Henderson's lawsuit claims, calling them "ridiculous and completely false."
lfleming@detroitnews.com
(313) 222-2620
Twitter:@leonardnfleming |
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Thu Jan 24, 2019 6:24 am |
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untanglingwebs
El Supremo
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Arthur Woodson
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I have emails showing that Snyder and his administration thought Henderson was becoming a problem. They wanted her gone. Remember the mayor was working with the Governor.
Weaver testified Henderson was fired after not informing the mayor of the Legionnaires' disease outbreak prior to February 2016, according to the 31-page opinion, but Henderson testified she’d informed Weaver twice prior to November 2015 and in a pair of emails in January 2016.
MLIVE.COM|BY ZAHRA AHMAD
Lawsuit filed by ex-city administrator against Flint mayor back in court
The final pretrial conference will be focused on a settlement, records show. |
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Thu Jan 31, 2019 8:27 pm |
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untanglingwebs
El Supremo
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FLINT
Lawsuit filed by ex-city administrator against Flint mayor back in court
Updated 3:12 PM; Posted 3:12 PM
By Zahra Ahmad | zahmad@mlive.com
FLINT, MI-- A pretrial in the lawsuit filed by former Flint city administrator Natasha Henderson against Mayor Karen Weaver is set to take place Feb. 5.
The final pretrial conference will be focused on a settlement, U.S. District Court records show.
Henderson filed the federal lawsuit in May 2016 claiming she was fired from her position after alleging Weaver was routing potential water crisis donations to a personal account rather than the fund managed by the Community Foundation of Greater Flint.
The suit was dropped in August 2017 after U.S. District Court Judge Sean F. Cox dismissed the lawsuit with prejudice, meaning Henderson may not allege the same claim against Weaver or the city at a later date. Later that month, however, Henderson appealed the judge’s dismissal and the suit was partially brought back.
"Henderson has mustered sufficient circumstantial evidence of a retaliatory motive to prevent summary judgment," reads an opinion by Circuit Judge Jane B. Stranch as part of a three-judge panel.
The U.S. Sixth Circuit Court of Appeals issued an opinion on Sept. 20, 2018 ruling that Henderson’s lawsuit could move forward under the Whistleblowers' Protection Act.
Weaver testified Henderson was fired after not informing the mayor of the Legionnaires' disease outbreak prior to February 2016, according to the 31-page opinion, but Henderson testified she’d informed Weaver twice prior to November 2015 and in a pair of emails in January 2016.
Henderson was hired by former Emergency Manager Darnell Earley in February 2015 and her contract was to run until February 2020. It could only be terminated by agreement from the mayor, city council and state-appointed Receivership Transition Advisory Board. |
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Thu Jan 31, 2019 8:30 pm |
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