An administrative law judge has ruled that a Madisonville, Ky., mining company violated the anti-discrimination provisions of the Federal Mine Safety and Health Act of 1977 when it sued a miner for filing a discrimination complaint with the Mine Safety and Health Administration (MSHA) following his job termination.

In his decision, Administrative Law Judge Jerold Feldman of the Federal Mine Safety and Health Review Commission ordered Armstrong Coal Co., Inc., and Armstrong Fabricators Inc. (collectively, “Armstrong”) to withdraw its civil tort suit for wrongful use of civil proceedings. The Armstrong suit had been filed in the Commonwealth of Kentucky’s Muhlenberg Circuit Court against miner Reuben Shemwell. Judge Feldman held that Armstrong’s state court suit unlawfully interfered with Shemwell’s rights under the Mine Act, and that the suit was preempted by the Mine Act and was baseless and retaliatory.