S-12-0749, Sandra Cartwright (Appellant) v. State of Nebraska and the State of Nebraska acting through the Department of Administrative Services, Dave Heineman, in his individual capacity, Gerry Oligmueller, in his individual capacity and Randy Palmer, in his individual capacity
Lancaster County, Judge Paul D. Merritt, Jr.
Attorneys: Kathleen M. Neary (Vincent Powers & Associates) (Appellant) --- Stephanie Caldwell (Attorney General’s Office)
Civil: Title VII; Civil Rights Act; disparate impact claim for procurement of State health insurance benefits for employees
Proceedings below: The district court found appellees were entitled to summary judgment and granted such motion. The State of Nebraska filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.
Issues: The district court erred in (1) sustaining Appellees’ Motion for Summary Judgment on Appellant’s claim of disparate impact arising under Title VII of the Civil Rights Act, as amended, as genuine issues of material fact were in dispute; (2) sustaining the Appellees’ Motion for Summary Judgment on Appellant’s claim of disparate impact arising under Title VII of the Civil Rights Act, as amended, as the Appellees were not entitled to judgment as a matter of law.