Russell Johnson, Iii v. Lucent Technologies Inc.

Good Law
United States Court of Appeals for the Ninth CircuitAugust 19, 201109-55203California5,450 words

Opinion

Opinion

BACKGROUND

I. Employment Relationship and Prior Litigation

Prior to 1986, Johnson, an African American, was employed by Lucent’s predecessor, AT&T Bell Laboratories, in Pennsylvania.1 In 1986, Johnson took disability leave on 1 For convenience, Johnson’s former employer, regardless of the time frame, will be referred to as “Lucent.” 11004 JOHNSON v. LUCENT TECHNOLOGIES grounds of mental disability. In 1987, Johnson was termi- nated.

In 1989, Johnson, pro se, sued Lucent for disability benefits in the District Court for the Eastern District of Pennsylvania. The court found Johnson eligible for long-term disability ben- efits under Lucent’s benefit plan. Johnson was directed to place himself under the care of one of three recommended psychiatrists or under the care of a psychiatrist of his own choosing, if approved by Lucent or its plan administrator, and to provide proof, on a monthly basis, that he was engaged in an ongoing satisfactory treatment program. Lucent and its plan administrator retained the right to petition the court to terminate the benefits upon Johnson’s failure to adhere to the terms of the order or upon any other just and sufficient…

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