A federal discrimination lawsuit filed against the Savannah River Site’s liquid waste contractor was terminated this week after the accuser failed to let the courts know if he wanted to continue the case.
Jimmy Rouse, an African-American man who was employed by Savannah River Remediation (SRR), had several months to address the contractor’s request for dismissal, but never filed a response.
In a lawsuit filed April 24 in U.S. District Court in South Carolina, Rouse said he was wrongfully fired after an 11-year tenure as a carpenter with SRR. He said that, in February 2016, he contacted security contractor Centerra after witnessing an illegal drug transaction in a parking lot at the Energy Department facility in South Carolina. Centerra found a bag of marijuana in a car, and arrested the vehicle’s owner, Rouse’s lawsuit says.
In the follow-up investigation, authorities determined that Rouse’s fingerprints were on the bag of marijuana, and he failed a drug test. “Plaintiff was never provided with the results of any of his tests, and adamantly denied the accusations,” the complaint states.
Rouse was seeking reinstatement to his position, back pay for time missed at work, and payment of his attorney fees.
On June 8, attorneys for SRR asked that the suit be dismissed, saying Rouse refused to take a polygraph test and that his case is not built on facts. “Rouse’s allegations simply establish that he disagrees with SRR’s decision to terminate him for dishonesty,” according to the dismissal request.
Rouse was given multiple opportunities to file a response with U.S. Magistrate Judge Shiva Hodges, but he failed to do so. Eventually, the issue elevated to District Judge J. Michelle Childs.
Childs decided on Monday to terminate the suit. “Plaintiff did not file a response to the court’s July 14, 2017 Order directing Plaintiff to advise the court whether he wished to continue with the case and to respond to Defendant’s Motion to Dismiss,” Childs wrote in her order. “The court observes that Plaintiff’s failure to respond to the court’s Order signifies that he does not oppose Defendant’s Motion and wishes to abandon this action.”
Rouse did not return calls for comment.
Savannah River Remediation is facing another discrimination suit. In a case filed in U.S. District Court in August 2016, Adrienne Saulsberry, an African-American woman and former employee of 23 years at SRR, alleged she was terminated in 2013 because of her role in an incident that also had racial overtones. The last action took place in September when both sides were ordered to provide contact information for potential witnesses as the case move toward trial.
