A black nurse sued Hurley Medical Center for discrimination and violation of the state civil rights act after the nurse manager reassigned her because of the man’s request for no black nurses, according to the complaint.
The man also pulled up his sleeve to reveal “some type of tattoo which was believed to be a swastika of some kind,” the complaint from nurse Tonya Battle, 49, read. The name of the father who made the request was not included in the court papers.
“Please, No African American Nurses to care for [x] Baby per Dad’s request. Thank you,” read a note that was attached to the baby’s clipboard. This followed a staff meeting and a call to the nurse’s home to inform her of the decision, according to the complaint.
The lawsuit alleges that black nurses were intentionally not assigned to the baby for the remainder of its stay in the hospital over the next month.
The hospital CEO spoke at a news conference on Tuesday after the local chapter of Al Sharpton’s National Action Network held a press conference at the hospital to demand answers.
“The father was informed that his request could not be granted, and as a result, all nurses remained available to care for his baby,” Hurley CEO Melany Gavulic said “We appreciate the community’s concern and involvement today, as we publicly clarify the facts of this case. The medical center looks forward to a quick and amicable resolution.”
The long time nurse, who has worked at Hurley for nearly 25 years, still works there and felt the only way to get something done was to sue. She is seeking damages for her distress, harassment and humiliation.
"She's going to win this lawsuit. The real question is what's it worth," said Flint area attorney Tom Pabst.
Pabst, who is not involved in this lawsuit, said the father is allowed to ask whatever he wants, but the law makes granting a request based on race illegal.
"If you grant such a request, you're engaging in unlawful conduct," Pabst said.
A spokeswoman for Hurley Medical Center declined to our requests for an interview, saying they do not comment on past or current litigation.
ABC tried contacting the defendants' attorney. Our call was not returned
edited from ABCNews
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ABC 12 – WJRT – Flint, MI
