Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Carderella v. Napolitano

September 20, 2010

FRANK JOSEPH CARDERELLA, PLAINTIFF,
v.
JANET NAPOLITANO, AS SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, DEFENDANT.



The opinion of the court was delivered by: Honorable Manuel L. Real

STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW [Fed. R. Civ. Proc. 56; Local Rule 56-1]

After consideration of the papers in support of, and in opposition to, the Motion for Summary Judgment filed by defendant Janet Napolitano, in her official capacity as Secretary of the Department of Homeland Security, ("Defendant"), the Court determines that the following facts have been established as uncontroverted:

UNCONTROVERTED FACTS

The General INS Selection Process

1. In late 1995 and throughout 1996, the Immigration and Naturalization Service ("INS") sought to increase its workforce by hiring hundreds of new employees. In particular, the Los Angeles Field Office received approval to increase the number of DEOs by more than 50%. (Declaration of Beverly K. Wilson ["Wilson Decl."], ¶ 2.)

2. INS's custom and practice for the selection of DEOs at this time was as follows: First, the INS personnel office would review the applications and create a list of qualified applicants, i.e., those individuals who met specific criteria for the position. Second, the administrative assistants or supervisory detention enforcement officers would contact the applicants to arrange interviews. Before any interviews were conducted, however, a list of questions relevant to the position were created for the interview panels to ask each applicant. Each interview panel consisted of two to three INS employees. The panels were not allowed to deviate from the list of questions in order to make certain that each applicant was asked the same questions, regardless of who was on the panel. (Id., ¶¶ 4-5.)

3. The panels then would interview the applicant based on the list of set questions. Each interviewing official on the panel would complete a written evaluation regarding the applicant and also submit a written recommendation for each applicant: "not recommended," "recommended" or "highly recommended." These evaluations and recommendations then would be forwarded to Beverly Wilson, who was the Deputy Assistant District Director for Detention and Deportation at the time of the incident alleged in the Complaint. (Id., ¶ 6.)

4. As Deputy Assistant District Director, Mrs. Wilson would make final recommendations for the DEO positions by submitting the applications of those individuals who had been graded "highly recommended" by the interviewing officials to the District Director, who at the time of the incident alleged in the Complaint, was Richard Rogers. Director Rogers generally would concur and authorize selections based on the final recommendations. (Id., ¶¶ 6-7.)

Plaintiff Applies for the DEO Position

5. Plaintiff states that he is a white Catholic male of Italian descent. In November, 1995, Plaintiff applied for a Detention Enforcement Officer ("DEO") position with the Immigration and Naturalization Service ("INS") in the Los Angeles Field Office. (Compl., ¶¶ 5 & 9.)

6. Defendant currently has no records or files regarding the particular vacancy announcement that Plaintiff applied under for the DEO position. The respective INS offices, or Office of Personnel Management, that could have advertised this particular vacancy announcement during this period followed a two-year file retention schedule for vacancy announcements. (Declaration of Linda M. Smithson, ¶¶ 2-3.)

7. Since the relevant vacancy announcement occurred in 1995-1996, these records are past the two-year retention schedule and appear to have been destroyed in accordance with that schedule. (Id., ¶ 4.)

8. There were approximately 25 available DEO positions under this vacancy announcement. (Declaration of AUSA Sekret T. Sneed ["Sneed Decl."], ¶ 2, Ex. A, at pp. 40:21-41:8.)

9. Also in November, 1995, Plaintiff applied for an immigration inspector position with INS, specifically requesting the geographic area of San Diego-San Ysidro, California. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.