Jane Doe v. Durham School Services, et al.
Published: Nov. 23, 2013 | Result Date: Jul. 29, 2013 | Filing Date: Jan. 1, 1900 |Case number: 5:13-cv-00738-CAS-OP Bench Decision – Defense
Court
USDC Central
Attorneys
Plaintiff
Defendant
Todd B. Scherwin
(Fisher & Phillips LLP)
Kristen J. Nesbit
(Fisher & Phillips LLP)
Facts
Jane Doe worked as a bus attendant for Durham School Services and the San Bernardino Unified School District. In 2010, Durham began operating bus services for the District, and Doe continued to work as an attendant.
On Aug. 25, 2011, Doe was on her usual bus route, when she noticed a student chasing after the bus. She waited briefly for the student to catch up, but instead the student ran into the back of the bus. Both Doe and the bus driver were told to report to their supervisor after completing their route. The supervisor, Dora Panham, showed Doe a video that showed her laughing about the student's mishap, then fired her.
Doe then sued Durham and the District.
Contentions
PLAINTIFF'S CONTENTIONS:
Doe claimed that she was terminated without good cause and without regard to her satisfactory job performance. During her time working as an attendant, she had never cited or disciplined. She claimed that she laughed a little nervously upon noticing the student chasing after the bus, but denied that she showed a lack of compassion or disregard for the student.
DEFENDANT'S CONTENTIONS:
Defendants moved to dismiss, arguing that the termination was justified, and that Doe was not retaliated against.
Result
The court granted defendant's motion to dismiss.
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