On November 2013, David S. Moore brought a lawsuit against his former employer, University of Kansas, alleging that it had retaliated against him for voicing his complaints about the University’s use of grant funds. Moore was a laboratory director at the Microscopy and Analytical Imaging Laboratory in Lawrence, Kansas. He was terminated by the University in October 2013. Moore’s lawsuit was brought under the Kansas Whistleblower Act.
The Kansas Whistleblower Act bars supervisors and appointing authorities from prohibiting state employees from discussing operations of a state agency or other matters of public concern. The Kansas Whistleblower Act also bars supervisors and appointing authorities from prohibiting state employees from reporting violations of federal or state law or requiring employees provide notice before making any such report. The Kansas Whistleblower Act provides for review of a disciplinary actions by the Civil Service Board for employees classified as permanent under the Kansas Civil Service Act, which may subsequently appealed for judicial review. Employees who are unclassified under the Kansas Civil Service Act have an immediate right to judicial review of disciplinary actions. The Kansas Whistleblower Act defines disciplinary actions to include termination, demotion, transfer, transfer, reassignment, suspension or reprimand.
Moore’s lawsuit comes just weeks after another, though current, employee of the University filed a similar lawsuit. Curtis Klaassen filed suit on October 31, 2013, alleging that he was placed on administrative leave from his position at the University for complaining about the misuse of federal grant funds by the University. The Complaint filed by Klaassen also alleges that the University fired many of his post-graduate research assistants and killed genetically-modified mice that Klaassen used for research. Klaassen has been at the University since 1968. He is a professor at the University’s School of Medicine in its Department of Pharmacology, Toxicology, and Therapeutics. The lawsuit names the University of Kansas, the University of Kansas School Medicine, the University’s Board of Regents, and several officials at the University as defendants. Klaassen’s lawsuit was brought pursuant to a federal civil rights statute, 42 U.S.C. § 1983.
Section 1983 lawsuits involve deprivation by a state of an individual’s rights, privileges, or immunities secured by the United States Constitution. Therefore, it is available to state employees. It is not available to federal employees. Section 1983 was a post-Civil War piece of legislation that was intended to provide a basis for redress by former slaves against states that refused to relinquish Jim Crow laws. Use of Section 1983 went relatively inactive for a long period of time. Its use was revived in the 1970s as a basis for whistleblower complaints. It is also often frequently used for tort-related lawsuits, including wrongful arrest claims, and prisoner’s rights lawsuits.
University spokesmen denied the allegations contained in both the Moore Complaint and the Klaassen Complaint, claiming that both of the Complaints are baseless.
If you are a federal, state, or private employee and find yourself in a situation in which you have voiced or believe you need to voice complaints about practices by your employer and are facing retaliation or have concerns about potential retaliation, Barrett Law PLLC can help. Our seasoned attorneys will provide you with legal guidance as to your rights and the protections to which you may be entitled. We have a long history of protecting the rights of whistleblowers, whether federal, state, or private employees. Contact us today at (800) 707-9577 to schedule your free and completely confidential initial consultation.