No. 22-7572

Tyrone Doutherd v. United Parcel Service, Inc., et al.

Lower Court: Ninth Circuit
Docketed: 2023-05-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: anti-discrimination civil-rights due-process preemption supremacy-clause workers-compensation
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Do the federal civil rights and anti-discrimination statutes expressly or impliedly pre-empt state workers' compensation laws?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) Do the federal civil rights and anti-discrimination statutes expressly pre-empt state workers’ compensation laws? 2) Do the federal civil rights and anti-discrimination statutes impliedly pre-empt state workers’ compensation laws? 3) Can the California statutory scheme for injured workers be applied to pre-empt civil federal anti-discrimination laws? i. PARTIES [X] All parties appear in the caption of the case on the cover page. They are as follows: TYRONE DOUTHERD, Plaintiff and Appellant UNITED PARCEL SERVICE, INC., Defendant and Respondent UNITED PARCEL GROUND FREIGHT, INC., Defendant and Respondent (Now a wholly owned subsidiary of T-Force, Inc. LIBERTY MUTUAL INSURANCE COMPANY, Defendant and Respondent Prior defendants in the lower court caption, involved with the 2015 vehicular accident, have been dismissed and are not parties to this Petition. RELATED CASES Plaintiff filed originally in the Sacramento County Superior Court in August 2017. Defendant UPS immediately removed it to the Eastern District of California where it was assigned to Judge Morrison C. England, Jr., case Number 2:17-cv-02225 MCE then re-designated 2:17-cv-02225 KJM when it was assigned to Judge Kimberly J. Mueller. A subsequent case was filed in Yolo County Superior Court on February 19, 2021, as CV2921-0297, to address the interim discrimination, retaliation, harassment and wrongful termination. This was removed to federal court as 2:21-cv-00780. It was reassigned to Judge Kimberly J. Mueller as a related case and redesignated as 2:21-cv-00780 KJM-JDP and was then remanded to the state court under its original case number. ii.

Docket Entries

2023-10-02
Petition DENIED.
2023-06-29
DISTRIBUTED for Conference of 9/26/2023.
2023-06-06
Waiver of right of respondent United Parcel Service, et al. to respond filed.
2023-04-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 15, 2023)

Attorneys

Tyrone Doutherd
Tyrone Doutherd — Petitioner
Tyrone Doutherd — Petitioner
United Parcel Service, et al.
Emily Burkhardt VicenteHunton & Williams LLP, Respondent
Emily Burkhardt VicenteHunton & Williams LLP, Respondent