‘Shiftless Negro’ Defense Prevails

‘Shiftless Negro’ Defense Prevails

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Delaware Courts on Trial Blog Series RE: 1021-LPS

It wasn’t until I read a statute of limitations lawsuit affirmative defense, “blameless idiot” that the same law firm was forwarding a stereotype of Black people being too lazy to work or “shiftless Negro” defense.

Memorandum Opinion dated July 30, 2015 reads, “Plaintiff M. Denise Tolliver (“Plaintiff’’) filed this employment discrimination action on August 8, 2014 against Defendants Trinity Parish Foundation (“Trinity Parish”) and Delaware Futures, Inc. (“Delaware Futures”). (D.I. 1) She proceeds pro se and has paid the filing fee. On October 7, 2014, Plaintiff voluntarily dismissed Delaware Futures as a defendant. The Court has jurisdiction pursuant to 28 U.S.C. § 1331. Presently before the Court are Trinity Parish’s motion to dismiss (D.I. 5) and Plaintiff’s motion for leave to file an amended complaint (D.I. 9) and motion to seal (D.I. 15). For the reasons that follow, the Court will deny Trinity Parish’s motion to dismiss and will grant Plaintiff’s motion to amend and motion to seal.”

Sounds hopeful, right? This case of represented vs. un-represented disparate treatment has lingered on in court through 2015, 2016, and well into 2017.  Its reverse discrimination sister case 1:14-cv-1020-SLR filed on the same August day was duly litigated resulting in the City of Wilmington in Delaware paying out in settlement almost three quarters million dollars.

While this Plaintiff waits aimlessly for a verdict she has written and posted a blog series, “ Delaware Courts on Trial”.

Black Plaintiffs Marginalized in Federal CourtFederal District Court

Federal District Court Slow Handling of Civil Rights Cases

Resurgence of the Negro Moment

Judicial System Black Tax

Feuding Nonprofit Directors Upended by Lawyers and Judges

Get In Line Examine Judicial Bias

Preggers Lawyer Has More Than Women’s Issues

Delaware Court Handling of Discrimination Case Akin to Uber Complaint

No Ban

Judge’s Delay Unravels Nonprofit

Transcript excerpt from Status teleconference scheduled for July 19, 2017 at 1PM EST.:
The Court: I scheduled this call I think in large part at the request of Ms. Tolliver, our pro se plaintiff, and I understand it appears from the filings that you are concerned that perhaps I’m unaware of your case or that it is not proceeding at the pace that you would hope, and my main purpose in having a moment at least to talk to you is just to let you know that I’m aware of the case, I have not lost track of it, and just to say the motions that are briefed are under advisement. They’re in front of me. But I do have many, many other cases. And so I will get to yours in a timely manner but obviously I haven’t resolved the motions yet, but we are working on it.

The Court: Again, all I can say is I’m dealing with your case in just the same way as all the other hundreds of cases I have in front of me, and I will get to it in a timely fashion.

For me at least to be acknowledged by the Court is a step in the right direction.

On March 5, 2013 one detestable act of racial animus, locking out from the workplace an entire staff mostly composed of Black workers with combined work experience of over 70 years is unlawful. With 3 White Judges, 3 White Lawyers, 2 White Defendants; Federal Court disfavors Black Pro Se Plaintiff in essence sanctioning discrimination.  Long delay in trial always has been Defendants’ winning strategy by stacking lawyers multiple layers high intended to dampened intensity of Defendants’ racist act and ‘wait out’ Pro Se Plaintiff.  Post Judgment issued August 4, 2017, Pro Se Plaintiff’s reconsideration motion is pending; asserting her right to 3rd Circuit Court Appeal accompanied with judicial bias complaint.

Peace.

#DefiningBlackCommunity

shift·less
ˈSHif(t)ləs/
adjective
1. (of a person or action) characterized by laziness, indolence, and a lack of ambition.”a shiftless lot of good-for-nothings” synonyms: lazy, idle, indolent, slothful, lethargic, lackadaisical.

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#EduBlogger, M. Denise Tolliver is a proven consumer education and entertainment expert focusing on using positive and thoughtful content to build the Black community organically from the First State (Delaware) throughout the nation.