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Case No. ADJ7348149

Regular

Mar 18, 2019

CELINE ROUYA vs. SAVE MART SUPERMARKETS, CORVEL CORPORATION

The applicant appeals the WCJ's decision denying injury to psyche and other body parts, arguing the WCJ erred by not addressing her harassment claim and finding the personnel actions were in good faith. The Appeals Board granted reconsideration to further study the issues, noting discrepancies in witness testimony and insufficient medical opinions on causation. The case is returned to the WCJ for further proceedings to develop the record, including obtaining clarified medical opinions on causation and further testimony. The dissenting commissioner would affirm the WCJ's decision, finding the personnel actions were legal and non-discriminatory, and applicant's harassment claims were not supported by objective evidence.

Workers' Compensation Appeals BoardCeline RouyaSave Mart SupermarketsCorvel CorporationADJ7348149ReconsiderationPsychiatric InjuryPharmacy TechnicianHarassmentNational Origin

References

Case No. 1:03 CV 00770(NPM)

Regular Panel Decision

May 02, 2005

Swindell v. NEW YORK STATE DEPT. OF ENVIRON. CON.

Plaintiffs Kathleen Swindell, Celine D. Olsen, Clare Loiacono, and Shawn Hardwick filed a civil rights action against the New York State Department of Environmental Conservation and several individual defendants. The complaint alleged constitutional violations under 42 U.S.C. § 1983 and various state tort claims, stemming from their arrest by Environmental Conservation Officer Eric Roderick at a campground. Earlier, defendants DEC, Ellithorp, Florence, and Holmes were dismissed. The court granted summary judgment to defendant Heinrich on all claims and to defendant Roderick on claims brought by Hardwick and specific claims by Swindell. Ultimately, the court concluded that Roderick was entitled to qualified immunity on the remaining federal claims of false arrest, excessive force, due process, and malicious prosecution. Consequently, summary judgment was granted to Roderick and Heinrich on all federal claims, and the remaining state law claims were dismissed due to a lack of subject matter jurisdiction.

Civil RightsQualified ImmunityFalse ArrestExcessive ForceMalicious ProsecutionDue ProcessSummary JudgmentFourth AmendmentEighth AmendmentState Tort Claims

References

Case No. MISSING

Regular Panel Decision

Jan 05, 2005

Swindell v. New York State Department of Environmental Conservation

Plaintiffs Kathleen Swindell, Celine A. Olsen, Clare Loiacono, and Shawn Hardwick initiated a civil rights action under 42 U.S.C. § 1983 and state tort claims against the New York State Department of Environmental Conservation and its officers, including Eric Roderick and Walter Heinrich. The defendants moved for summary judgment, arguing qualified immunity. The court granted summary judgment to all defendants on all federal claims (Fourth and Eighth Amendment violations, due process) and related state law claims (false arrest, imprisonment, battery, malicious prosecution) due to the existence of probable cause for arrest and the reasonableness of force used by Roderick, further finding Roderick was entitled to qualified immunity. Remaining state law claims for negligence and Roderick's assault counterclaim were dismissed for lack of subject matter jurisdiction due to lack of complete diversity. Consequently, summary judgment was granted in favor of defendants Roderick and Heinrich against all plaintiffs.

Civil RightsSection 1983Fourth AmendmentExcessive ForceFalse ArrestMalicious ProsecutionQualified ImmunitySummary JudgmentState Law ClaimsPenal Law

References

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CELINE ROUYA vs. SAVE MART SUPERMARKETS, CORVEL CORPORATION

Workers' Compensation Appeals BoardCeline RouyaSave Mart SupermarketsCorvel CorporationADJ7348149ReconsiderationPsychiatric InjuryPharmacy TechnicianHarassmentNational Origin

Swindell v. NEW YORK STATE DEPT. OF ENVIRON. CON.

Civil RightsQualified ImmunityFalse ArrestExcessive ForceMalicious ProsecutionDue ProcessSummary JudgmentFourth AmendmentEighth AmendmentState Tort Claims

Swindell v. New York State Department of Environmental Conservation

Civil RightsSection 1983Fourth AmendmentExcessive ForceFalse ArrestMalicious ProsecutionQualified ImmunitySummary JudgmentState Law ClaimsPenal Law