Wyoming
Judge Tosses Wyoming Woman’s Claim Employer Tried To Have Her Committed
A federal judge has dismissed the lawsuit of a Wyoming woman who claimed her employer, a hospital in Weston County, tried to have her involuntarily committed for trying to expose bad financial practices.
Amanda McDade didn’t specifically warn Weston County Health Services, a governmental entity, of her plan to sue it, though Wyoming law generally requires doing so before suing the government, U.S. District Court Judge Scott Skavdahl wrote Friday in an order dismissing McDade’s lawsuit against the hospital.
McDade’s other claims that the hospital discriminated against her as a whistleblower and as a person with a disability also failed, because McDade did not back the former with relevant law or the latter allegation with evidence, Skavdahl’s order says.
“To the extent Plaintiff asserts Defendant’s alleged actions are ‘obviously’ illegal, the Court disagrees with such a conclusory statement,” wrote Skavdahl.
What She Alleged
McDade had alleged in a December civil complaint that while working as a human resources generalist for Weston County Health Services, she noticed money mismanagement.
She reported her concerns to the hospital board president and was allegedly asked to alter the records to conceal the wrongdoing. After that, a hostile work environment festered around her, her lawsuit says.
McDade’s own doctor, Dr. Sara Thurgood, approached her Oct. 14, 2021, saying she wanted to address concerns she’d heard from others, and that their shared employer was worried about McDade and considering having her involuntarily committed.
In a December interview with Cowboy State Daily, Thurgood acknowledged that she broached others’ concerns with McDade, but said hospital authorities tried to use her, Thurgood, as a “pawn” against McDade.
Rattled, McDade fled the office and later quit her job.
You Gotta Warn The Government
The Wyoming Governmental Claims Act is the mechanism by which people can sue the state government and its entities, generally. When plaintiffs don’t comply with it, courts dismiss their cases.
McDade said she gave the hospital notice of her claims against it Dec. 5, 2023, which the hospital denied. Either way, that falls after the two-year deadline for filing those notices prior to suing governmental entities.
McDade argued back that documents and evidence she gave to the Department of Labor Standards should have been enough notification for the hospital.
Skavdahl characterized that as unrealistic.
“(The hospital) would be put in the untenable position of combing through documents in search of potential claims and then reading McDade’s mind to determine which of those claims she may want to pursue,” the judge wrote.
Wrong Law
McDade alleged she was discriminated against for being a whistleblower regarding the hospital’s alleged misdeeds.
She cited a state law forbidding Wyoming licensed health care facilities from retaliating against whistleblowers who report wrongdoing to the appropriate division of the state Department of Health.
The law doesn’t provide a mechanism to launch a lawsuit, however, Skavdahl wrote.
This Is Not The KKK
McDade’s lawsuit had invoked a federal law, 42 USC 1985 (3), a portion of the Ku Klux Klan Act banning class-based hostility. The act was written to protect African Americans and people who championed their cause from Ku Klux Klan’s violent, post-Civil War discriminatory conspiracies.
Skavdahl didn’t effectively narrow the act’s use in Wyoming to protecting African Americans, but he pointed to the U.S. Supreme Court’s frequent questioning of whether the KKK Act could ever fall outside that goal.
In either case, it can’t be used to protect someone on the basis of having a disability, which was the use to which McDade’s lawsuit attempted to apply it, the judge wrote.
But It Is Familiar
The KKK law is familiar: Former Campbell County Library Director Terri Lesley is invoking that same federal statute in her lawsuit against the Bennett family, whom she’s accusing of conspiring against her and perpetuating injurious falsehoods about her.
Lesley’s conflict with the Bennetts stems from the Bennetts raising alarms about sexually graphic books in the library system, followed by a turnover on the library board and the board firing Lesley.
The Bennetts raised some of the same concerns about Lesley’s use of that statute as Skavdahl raised about McDade’s.
What Disability?
McDade accused the hospital of not accommodating her disability.
Skavdahl’s response to that was essentially, what disability?
McDade alleged that she had a health diagnosis that her employer was aware of, but didn’t name her alleged disability in her complaint.
Other claims, such as McDade’s allegation the hospital created a hostile work environment, also failed due to McDade invoking a legal application that didn’t match her actual claims, and because of McDade’s description of one traumatizing day not being enough evidence of a hostile work environment, the order says.
Clair McFarland can be reached at clair@cowboystatedaily.com.
Wyoming
Idaho semitruck driver involved in fatal accident at Wyoming FlyingJ – East Idaho News
The following is a news release from the Wyoming’s Rock Springs Police Department:
ROCK SPRINGS, Wyo. — The Rock Springs Police Department is investigating a fatal incident that occurred early this morning in the parking lot of the Flying J Travel Center.
At approximately 5:00 a.m., a Flying J employee was working to direct commercial vehicle traffic within the lot. Initial findings suggest that as one semitruck began to move, the employee was positioned between that vehicle and a second stationary vehicle. The employee was subsequently pinned between the two units.
Rock Springs Fire Department and Castle Rock Ambulance arrived on the scene and coordinated life-saving measures. Despite the rapid response and medical intervention, the employee was pronounced deceased at the scene.
The identity of the deceased is being withheld at this time pending the notification of family members.
The driver involved in the incident, a resident of Idaho, remained on-site and has been fully cooperative with investigators. Following an initial statement and questioning, the driver was released. While the investigation remains open, the incident currently appears to be a tragic accident.
We extend our deepest condolences to the family of the deceased and the staff at Flying J. We also want to commend the rapid response and professional life-saving efforts coordinated by Rock Springs Fire and Castle Rock Ambulance during this difficult call.
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Wyoming
Wyoming Gov. Mark Gordon won’t seek a third term. He won’t rule out running for other offices, either
(WYOFILE) – Wyoming Gov. Mark Gordon will not seek a third term, his office announced Thursday. However, the two-term Republican governor has not ruled out running for another office.
“He’s still kind of exploring his options,” Amy Edmonds, Gordon’s spokesperson, told WyoFile.
As candidates across Wyoming have announced bids for various statewide offices in recent months, Gordon has been tight-lipped about his own plans, leading to speculation that he would put the state’s gubernatorial term limits to the test.
In two opinions about a decade apart, the Wyoming Supreme Court ruled that term limits on legislators as well as on most top elected positions in the state were unconstitutional. While the high court has not addressed the qualifications for governor, it’s been widely suggested that a court challenge would be successful. Such was the discussion in 2010, when Democratic Gov. Dave Freudenthal ultimately chose not to seek a third term.
There’s also been speculation that Gordon may run for Congress, which he’s done in the past. In 2008, Gordon ran for the U.S. House of Representatives. He was ultimately defeated by Cynthia Lummis in the primary election. If Gordon seeks the seat in 2026, he’ll join a crowded field that has already attracted at least 10 Republicans. It’s possible he could also be eyeing a run for Wyoming’s soon-to-be open U.S. Senate seat — a choice that would pit him against Rep. Harriet Hageman, whom he defeated in the governor’s race in 2018.
Wyoming’s candidate filing period opens for two weeks at the end of May.
As for the rest of Gordon’s final term in the governor’s office, his “focus remains on essential pillars like supporting core industries, growing Wyoming’s economy, strengthening local communities and families, and safeguarding Wyoming’s vital natural resources,” according to the Thursday press release.
Starting in June, Gordon will set out on a series of community visits to “engage directly with citizens,” the release states, and is particularly interested in having discussions about “protecting our resilient property tax base that funds local services like education, fire protection, police services and others, as well as honoring local control, investing in our future through smart saving and continued stewardship of our wildlife, land, and water.”
The governor also pointed to the Aug. 18 primary election.
“You don’t have to be Governor to make a difference in Wyoming,” Gordon wrote. “Participating in elections is something all of us can do to make a real difference, and these conversations are important to have to ensure everyone makes informed decisions about the future of Wyoming.”
Whether Gordon will run for office is one lingering question — to what degree he will support other candidates is another.
In 2024, Gordon personally spent more than $160,000 on statehouse races, backing non-Wyoming Freedom Caucus Republicans who generally aligned with his positions on energy, economic diversification, mental health services and education.
While many of those races did not go Gordon’s way — the Freedom Caucus won control of the House — the governor is coming off a legislative budget session where lawmakers largely approved his proposed budget.
More specifically, the Legislature’s final budget came in about $53 million shy of the governor’s $11 billion recommendations after significant cuts were floated by the Freedom Caucus lawmakers ahead of the session. Many of those notable cuts — including to the University of Wyoming and the Wyoming Business Council — were ultimately rejected.
While Gordon applauded the final budget, he also said in March he was “saddened by some of the reductions,” including the Legislature’s decision to nix SUN Bucks, the summer food program that fills the gap for kids when there are no school lunches. Wednesday, however, the governor signed an executive order that will start delivering food benefits to Wyoming families as early as June.
Details for Gordon’s upcoming community visits will be posted to the governor’s website, according to the press release.
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Wyoming
(LETTERS) Wyoming Supreme Court judges, congressional responsibility, pregnancy and US involvement in the Middle East
Oil City News publishes letters, cartoons and opinions as a public service. The content does not necessarily reflect the opinions of Oil City News or its employees. Letters to the editor can be submitted by following the link at our opinion section.
Wyoming Supreme Court judge process better than federal’s
Dear Casper,
This letter is in response to Mr. Ross Schriftman’s letter to the editor from April 11. His opinion appears to be that the Wyoming process of selecting Wyoming Supreme Court justices is somehow flawed. Justices are selected through a merit-based assisted appointment process. When a vacancy occurs, a seven-member Judicial Nominating Commission recommends three candidates to the governor, who appoints one.
Appointed justices serve at least one year before standing in a nonpartisan retention election for an eight-year term.
The commission consists of the chief justice as chair/tie-breaker, three attorneys selected by the Wyoming State Bar and three non-attorneys appointed by the governor. The governor must select one of the three nominees provided by the commission to fill the vacancy.
After serving at least one year, justices stand for retention in the next general election. Voters cast a “yes” or “no” vote. If retained, the justice serves an eight-year term.
Candidates must be U.S. citizens, Wyoming residents for at least three years, licensed to practice law, and have at least nine years of legal experience. Justices must retire at age 70.
U.S. Supreme Court are appointed for life!
I would offer that the Wyoming process is superior to that of the U.S. Constitution. Voters are involved the process, which we are not at the federal level.
Wyoming justices can be impeached and removed from office by the state House of Representatives and Senate.
Michael Bond
Casper
Wyoming delegation must answer for President Trump’s Iran policy
Dear Casper,
Sent this to each of our Wyoming congressional delegates. I lived in Montana for years. These are the questions the Daily Montanan asked of their elected congressional representatives.
I ask the same questions of our Wyoming delegation. Montana got no answers. I doubt that we will either.
- President Donald Trump has continued to threaten to hit targets that would affect or kill civilians in Iran. Do you support his stated objectives and deadlines?
- Are you concerned that some of these targets could be construed as attacking civilians and therefore become war crimes?
- Do you have any concerns about wiping out an entire civilization, as Trump has threatened?
- If these are only rhetorical threats, what does that do to our stature in the world when we make threats, but don’t follow through with them?
- Polls have continued to show more than a majority of Americans do not support the efforts against Iran. Why do you support the effort?
- If you do not support the effort in Iran, at what point would you support Congressional intervention or oversight on the issue?
- Have you been briefed and do you believe that there are clear objectives in this war with Iran, and how can you communicate those with your constituents?
- The U.S. has repeatedly criticized Vladimir Putin and Russia for its invasion and treatment of the Ukrainian people and it sovereignty. How does that differ from America’s “excursion” into Iran?
- What is your message for Montanans who are seeing gas prices and the cost of living generally increase?
- Last week, President Trump said that America doesn’t have enough money for healthcare and childcare; further, those things must be left to the individual states in order to fund the military? Do you agree?
- President Trump continues to boost military budgets and request additional funding for the war in Iran. Do you support these?
Tami Munari
Laramie
Pregnancy is personal, not political
Dear Casper,
The recent Wyoming Supreme Court ruling, which affirmed abortion is health care, has caused some who disagree with the ruling to attack Wyoming’s judicial system.
In an opinion letter, candidate Ross Schriftman facetiously writes, “…our God-given First Amendment right of free speech does not apply when criticizing our fellow citizen judges.”
This is the first flaw in his logic because the Constitution was not written by God, therefore the right of freedom of speech was thought up and written by men. God is not the author nor guarantor of personal freedoms — our Constitution and judicial system are.
The second flaw in his argument references a letter signed by 111 professionally-trained, experienced, and well-respected Wyoming judges and attorneys explaining how the courts arrive at their rulings. It is illogical to claim we are all “citizen judges” because even though citizens have a constitutionally-guaranteed right to an opinion, it does not make every citizen a legal expert. The judges’ and attorneys’ excellent letter speaks for itself.
Mr. Schriftman claims the Supreme Court, “… create(d) an absurd definition of health care to include the intentional murder of pre-born human persons; something they did to justify overriding the equal protection clause… .” This logic is flawed because it is based on a conflation of an obsession with “pre-born human persons” and equal protection under the law.
There is significant disagreement on the issue of fetal personhood and who gets to determine it: the doctors? the lawyers? the pregnant woman? the anti-choice crowd?
Many understand and appreciate it has taken women almost 200 years to gain and keep Equal Protection Under the Law, and the disagreement over who is legally, materially, and morally responsible for a fertilized human egg has always been part this historical struggle. But it was the Roe v. Wade Supreme Court decision that finally established a constitutional right, for women and men, to private health care decisions and, since pregnancy is a health condition, that included abortion.
Even though it wasn’t explicit, Roe also effectively affirmed that bestowing of “personhood” is a private determination to be made by the pregnant woman and her God. But, sadly, here we are again, dealing with folks who mistakenly believe they have a right to interfere in someone else’s pregnancy.
The Rev. L Kee
Casper
Why does the U.S. keep troops in oil producing countries?
Dear Casper,
There are two facts that don’t ever seem to be considered by our government that cost us dearly.
Osama Bin Laden said the stationing of U.S. troops in the Middle East was the reason Al Qaeda attacked us on 9/11. Does the U.S. believe that the oil producing countries in the Middle East will only sell us oil if we force them to by stationing troops there? I’m not aware of any other countries that believe that.
The other fact is, the U.S. is the only country to ever use a nuclear weapon offensively. There are several countries that have nuclear weapons, including North Korea. The reason countries have been reluctant to use nuclear weapons is MAD, mutually assured destruction. Consequently, is it reasonable to expect Iran, should they develop a nuclear weapon, to attack the U.S., knowing that our superiority in nuclear capability would assure the complete destruction of their country? It clearly would be suicidal for them to do so.
But, just to be cautious, rather than destroying the entire country to deter Iran from acquiring a nuclear weapon, wouldn’t it make more sense to destroy their nuclear infrastructure?
Bill Douglass
Casper
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