« March 2008 | Main

May 01, 2008

Maryland Client Wins Case, Breaks Precedent

In November of last year, the firm won an appeal to a suburban County Merit System Protection Board. And then some.

In a decision handed down by the Board, the client's brief suspension was revoked and lost wages and benefits were restored. In addition, all performance evaluations were expunged of negative comments regarding the matter that caused the suspension. The Board didn't stop there however, addressing the issue further and ordering effectiveness assessments on the parties involved and training for the County supervisors in due process requirements in the disciplinary process. Our client did not ask for the last two directives, but the Board ordered them anyway. The Board also ordered the County to pay attorney’s fees for David Wachtel and Emily Read, who handled the appeal, breaking precedent set by another similar case. Clearly the Board recognized the ineffective management at our client's office and saw the need for a comprehensive ruling.

Justin Dreyfuss

Racial Profiling Case Gets Filed in U.S. District Court

On April 29, 2008, the firm filed suit on behalf of Kambiz Fattahi in the U.S. District Court for violation of his civil rights by Georgetown University. Fattahi, a graduate student at Georgetown, was attending a graduation ceremony for a friend last spring, but arrived late and was forced to sit in the front row without a friend he was supposed to join upon arrival. Once seated, Fattahi observed the speakers, looked for his friend, and checked his cell phone for missed calls. Someone, allegedly an audience member, reported Fattahi to security which prompted a University police officer to approach Fattahi during the ceremony and tell him to come with him because he was "making people nervous." No names of people making the allegations have been provided by the University, nor any specifics on what they said, if anything, about Fattahi.

Fattahi, who is from Iran and has dual citizenship, followed the officer outside of the gym into a very public hallway just outside the ceremony where another officer was waiting and they began interrogating him at length. At one point the officers made sarcastic remarks about the Middle East and Persia, since Fattahi works for BBC-Persia and gave them his business card saying such. They then inquired as to his national origin to which Fattahi responded they had no right to do. Even after Fattahi presented several forms of proper identification, including his student card, they refused to let him go, asking several more questions and confiscating his BBC card. Only at the very end of the interrogation, nearly 30 minutes later, did they check Fattahi's bag, in which they found only his phone and a box of cookies he was going to give to his graduating friend.

Fattahi reported the incident to the University, which said they would conduct their own investigation. In a 7-page report released several weeks later and sent to Fattahi, the University emphatically denied any wrongdoing by any of the officers and said they followed proper procedure. They also denied making any remarks about the Middle East or Persia, and that the only reason they asked about Fattahi's national origin was to see if he needed a translator. Fattahi speaks fluent English.

In the claim, Fattahi alleges breach's of his Fourth and Fourteenth Constitutional amendment rights on grounds of unlawful detainment and racial profiling.

Justin Dreyfuss