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George W. Marthers, III and Jude T. McKenna v. Alberto Gonzales

Date: 12-21-2007

Case Number: 2:05-cv-03778-TJR

Judge: Thomas J. Rueter

Court: United States District Court for the Eastern District of Pennsylvania, Philadelphia County

Plaintiff's Attorney:

Tom Roth, Law Offices of Thomas G. Roth, West Orange, New Jersey

Defendant's Attorney:

Colin Michael F.X. Cherico and Richard Bernstein, United States Attorney's Office, Philadelphia, Pennsylvania

Description:

George W. Marthers, III and Jude T. McKenna v. Alberto Gonzales and the Department of Justice on a civil rights violation reverse discrimination theory. Plaintiffs claimed that their supervisors "intentionally discriminated against them by creating a hostile work environment because of their race. Marthers and McKenna are white; their former supervisors, Dempsey Jones and Johnny Fisher, are black. Plaintiffs also claimed that the supervisors retaliated against the agents after they filed an internal complaint with DEA in March 2002 and later with the Equal Employment Opportunity Commission. They claimed that the were constantly harassed, verbally and physically, and said that Fisher even had a black agent spy on them. Both went out on sick leave in April 2002 due to work-related stress. They were soon replaced in their positions and found to be unfit for duty by DEA's psychologists. Marthers and McKenna are still employed by the DEA here, where they do financial investigations.

The Government claimed that Marthers and McKenna were "problem agents" who ran afoul of Jones and Fisher because they wouldn't comply with the new managers. Jones left the DEA in 2002 and now works for the Transportation Security Administration. Fisher remained with the DEA here until 2005, when he retired.

Outcome:
Plaintiffs' verdict for $7 million.
Plaintiff's Experts:
None
Defendant's Experts:
None
Comments:
Editor's Note: Compensatory damages for employment-discrimination claims against the feds are capped by law at $300,000 per plaintiff. Plaintiffs will be making application for attorney's fees and costs.

About This Case

What was the outcome of George W. Marthers, III and Jude T. McKenna v. Alberto Go...?

The outcome was: Plaintiffs' verdict for $7 million.

Which court heard George W. Marthers, III and Jude T. McKenna v. Alberto Go...?

This case was heard in United States District Court for the Eastern District of Pennsylvania, Philadelphia County, PA. The presiding judge was Thomas J. Rueter.

Who were the attorneys in George W. Marthers, III and Jude T. McKenna v. Alberto Go...?

Plaintiff's attorney: Tom Roth, Law Offices of Thomas G. Roth, West Orange, New Jersey. Defendant's attorney: Colin Michael F.X. Cherico and Richard Bernstein, United States Attorney's Office, Philadelphia, Pennsylvania.

When was George W. Marthers, III and Jude T. McKenna v. Alberto Go... decided?

This case was decided on December 21, 2007.