· 4/12/2002
Sarah E. Atwell v. Lisle Park District
Citations
- 286 F.3d 987
- 18 I.E.R. Cas. (BNA) 901
- 2002 U.S. App. LEXIS 6775
- 2002 WL 538941
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that unrepresented individuals, unaware of Garrity immunity, “may instinctively ‘take the Fifth’ and by doing so unknowingly set themselves up to be fired without recourse”
- noting that “if it does that it must give [the employee] immunity from criminal prosecution on the basis of [his or her] answers.”
- noting that if an employee was misled into not cooperating with the investigation and then fired for not cooperating, the employer might be guilty of fraud or breach of contract under state law, but there would be no federal violation
- “[I]f she refused to answer the question despite the immunity the Fifth Amendment would not protect her from being fired for refusing to cooperate in the investigation”
- “the dissemination of false information that renders a person unemployable is a constitutional tort”
- “Ordinarily a plaintiff is not required to plead specifics.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Coffey, Wood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.