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Former Correctional Officers' Suits For Termination and Prosecution

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By FindLaw Staff on April 22, 2010 4:09 PM

Swearnigen-El v. Cook County Sheriff's Dep't, No. 09-2709, and Egonmwan v. Cook County Sheriff's Dep't, No. 09-2764, each involved a plaintiff's suit against a county, county sheriff's department and individuals, arising from their prosecution for custodial sexual misconduct while employed as correctional officers in a county jail's women's division.  Both plaintiffs were acquitted and each made section 1983 and other similar claims against defendants.

In Swearnigen-El, the plaintiff claimed constructive discharge and malicious prosecution against defendants.  However, the court rejected plaintiff's claims and affirmed the district court's grant of summary judgment in favor of defendants on plaintiff's various claims, including gender and race discrimination and intentional infliction of emotional distress. Lastly, district court properly dismissed plaintiff's Title VII retaliation claim.

In Egonmwan, the court rejected plaintiff's claims and affirmed the district court's grant of summary judgment in favor of the defendants as to plaintiff's gender discrimination claim and as to his race discrimination claim as he has not shown that discriminatory motivation under the direct method or carried his burden under the indirect method. 

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