At VIFreepBreaking NewsSt. Thomas NewsTerritorial AffairsTourism News

Federal Appeals Court Holds Two Former Employees Can Sue WICO, Boschulte

Joseph_-Boschulte CROPPED

          WICO CEO Joseph Boschulte

CHARLOTTE AMALIE – The West Indian Company, Ltd. (WICO) already owes the Virgin Islands government $700,000 in back taxes.

So it can’t be good news that a federal appeals court has ruled that two former executives – Gershwain Sprauve and Andrea V. Smith – can sue WICO for allegedly violating their civil rights.

The 3rd U.S. Circuit Court of Appeals held Tuesday that WICO, like Amtrak, is a government entity for purposes of Sprauve’s and Smith’s constitutional claims, according to the ruling obtained by the Virgin Islands Free Press.

Because WICO controls the docks, wharves and a mall in the port of St. Thomas, the two executives can sue the company for violating their civil rights after being fired by its new Chief Executive Officer Joseph Boshchulte, three U.S. District Court judges decided yesterday.

Like Amtrak, the Charlotte Amalie-based West Indian Company is a government entity for purposes of the executives’ civil rights and constitutional claims, U.S. District Court Judges Patty Shwartz, Kent Jordan and Michael Chagares found yesterday.

The case was successfully argued before the 3rd U.S. Circuit Court of Appeals by Attorney Karin Bentz of Raadets Gade in St. Thomas and is considered “precedential” according to way the ruling was stamped.

Boschulte did not immediately return a telephone message requesting a interview today.

To read more about yesterday’s ruling, please click on the following link:

http://www2.ca3.uscourts.gov/opinarch/134371p.pdf

Previous post

Oscar Mayer Recalls Turkey Bacon After Illnesses Reported

Next post

Virgin Islands Hopes Erika Is More Of A Rainmaker Than A Haymaker

The Author

John McCarthy

John McCarthy

John McCarthy is primarily known for his investigative reporting on the U.S. Virgin Islands. A series of reports beginning in the 1990's revealed that there was everything from coliform bacteria to Cryptosporidium in locally-bottled St. Croix drinking water, according to a then-unpublished University of the Virgin Islands sampling. Another report, following Hurricane Hugo in 1989, cited a Federal Emergency Management Agency (FEMA) confidential overview that said that over 40 percent of the U.S. Virgin Islands public lives below the poverty line. The Virgin Islands Free Press is the only Caribbean news source to regularly incorporate the findings of U.S. Freedom of Information Act requests. John's articles have appeared in the BVI Beacon, St. Croix Avis, San Juan Star and Virgin Islands Daily News. He is the former news director of WSVI-TV Channel 8 on St. Croix.

No Comment

Leave a reply

Your email address will not be published. Required fields are marked *