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Washington PostA federal magistrate judge has ruled that the U.S. Secret Service "made a mockery" of long-standing rules by failing to preserve, concealing and even destroying evidence sought by 10 African American current and former employees in a racial discrimination case.
In an opinion filed late Wednesday in U.S. District Court in Washington, Judge Deborah A. Robinson effectively barred the agency from presenting a defense in the class-action lawsuit filed in 2000.
Robinson called the penalty an appropriate sanction for years of delay because the Secret Service's conduct "prejudiced Plaintiffs' ability to conduct meaningful discovery and prepare to address the merits of their claims."
The judge's ruling effectively lowers the burden of proof for plaintiffs and limits the amount of evidence government lawyers can use to defend the agency against allegations that supervisors routinely harassed black agents and refused to promote them to management positions.
Robinson earlier sanctioned the agency three times for being slow to search for documents as directed by the court and to turn over racially charged e-mails shared by white Secret Service supervisors. Jennifer I. Klar, a lawyer with Relman & Dane, which is representing the plaintiffs pro bono, said the ruling "sends the clear message that no entity, not even the United States government or the elite Secret Service, is above the law."...
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http://www.washingtonpost.com/wp-dyn/content/article/2008/12/18/AR2008121803541.html?hpid=sec-nation