Selene Stewart v. Nadan Inc. dba Windsor House Convalescent Hospital
Published: Jan. 7, 2022 | Result Date: Nov. 8, 2021 | Filing Date: Aug. 27, 2021 |Case number: 3:21-cv-06643-SI Bench Decision – Dismissal
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Defendant
Brian S. Cohen
(J. Supple Law)
Facts
Selene Stewart was employed as a licensed vocational nurse at Windsor House Convalescent Hospital in Vacaville, California. Under the supervision of a registered nurse, Stewart provided wound care and treatments to patients, monitored vitals, administered medication and charted the medication that she administered. Due to an allegedly failed administration of medication to one of Windsor's patients, Stewart was asked to submit extensive charting. The following day, Stewart was fired and her nursing license was ultimately revoked after complaints related to the allegedly failed administration of medication were settled. Twelve years later, Stewart filed a racial discrimination and retaliation complaint against Nadan Inc., doing business as Windsor House Convalescent Hospital, and the owner of Windsor, Prema Thekett, under Title VII of the Civil Rights Act of 1964.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff claimed that, because she won a previous racial discrimination case against defendant Nadan Inc., defendants retaliated against plaintiff by having plaintiff's nursing license revoked. Plaintiff alleged that, while she was employed at Windsor, she endured job harassment, elder abuse, intimidation, race discrimination, and that defendants and their staff colluded against plaintiff to have her license revoked because she is not white. Plaintiff contended that she was denied the standard protocol of having twenty-four hours to review her charts for errors. Plaintiff also asserted that her license was unjustly revoked to the advantage of defendant Thekett because it allowed defendant Thekett to escape any liability for the alleged failure to administrate medication to a patient.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions.
Damages
Plaintiff sought attorney fees, court costs, loss of income, damages for emotional distress, moving expenses, and expenses for returning to school.
Injuries
Plaintiff sought psychological treatment for Post-Traumatic Stress with a clinical psychologists.
Result
Judgment was entered in favor of the defendants and the complaint was dismissed without leave to amend.
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