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Tuesday, February 07, 2006

Ind. Decisions - 7th Circuit issues two today, one from Indiana

USA v. Vallery, Roosevelt, a 14-page opinion, begins:

KANNE, Circuit Judge. The government appeals from the district court’s sentencing of Roosevelt Vallery as a misdemeanant following his conviction under 18 U.S.C. § 111(a). It is the government’s contention that the indictment properly alleged a felony rather than a misdemeanor. Vallery’s conviction is not in dispute. A fair reading of the statute requires us to conclude that the misdemeanor provision of § 111(a) applies to all conduct prohibited by the subsection. Having determined that Vallery’s conviction was for a misdemeanor, we affirm his twelve-month sentence.
In Hague, Mark v. Thompson Dist. (SD Ind., Richard L. Young, Judge), a 26-page opinion, Judge Manion writes:
Thompson Distribution’s owner, John Thompson, who is black, fired five white employees. Those employees, Mark Hague, Cynthia Hague, Mark Brown, Bernard Dubois, and Anna Perrey, then sued Thompson Distribution Co., alleging race discrimination in violation of 42 U.S.C. § 1981. The district court granted Thompson Distribution summary judgment. The plaintiffs appeal and we affirm. * * *

Thompson Distribution hired the five plaintiffs for a ninety-day trial period. As that period neared its end, Thompson Distribution decided that the plaintiffs were not a good fit, for a variety of reasons. The plaintiffs admit to the underlying conduct at issue, but rationalize and minimize their failures. However, this court is not a personnel director, judging the fairness of employment decisions. Rather, this is a discrimination case, and to avoid summary judgment, the plaintiffs must present evidence of pretext. They did not do so. Accordingly, the district court properly granted Thompson Distribution summary judgment on the plaintiffs’ § 1981 race discrimination claim. We AFFIRM.

Posted by Marcia Oddi on February 7, 2006 02:22 PM
Posted to Ind. (7th Cir.) Decisions