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Thursday, April 20, 2006

Ind. Decisions - 7th Circuit issues two Indiana opinions today

In Crouch v. Whirlpool Corp. (SD Ind., Richard L. Young, Judge), an 8-page opinion, Circuit Judge Bauer writes:

Whirlpool Corporation (Whirlpool) terminated Harold Crouch after determining that he falsely applied for a leave of absence. Crouch sued Whirlpool for various violations of the Family and Medical Leave Act (FMLA) and Employee Retirement Income Security Act (ERISA). The district court granted summary judgment for Whirlpool, finding in relevant part that its honest suspicion of Crouch’s misuse of FMLA leave justified his termination. We affirm.
In POURGHORAISHI v. Flying J., Inc. (ND Ind., Rudy Lozano, Judge), a 25-page opinion, Circuit Judge Rovner writes:
Following his arrest for disorderly conduct and trespass, Ahmmad Pourghoraishi, a truck driver of Middle Eastern descent accused of trying to leave a gas station without paying for fuel, sued the gas station, its manager, the off-duty police officer employed as a security guard, the security company, and the City of Gary, Indiana, for intentional discrimination in a place of public accommodation (pursuant to 42 U.S.C. § 2000a), for interfering with his right to make and enforce a contract (42 U.S.C. § 1981), for violating his Fourth and Fourteenth Amendment rights by arresting him without a warrant or probable cause (42 U.S.C. § 1983), and for various injuries addressed by Indiana state tort law. The district court dismissed the public accommodation claims as moot and untimely, granted summary judgment on the § 1981 and § 1983 claims, and dismissed the state law claims. Pourghoraishi appealed all but the public accommodations claims. On appeal of the remaining claims, we affirm in part and reverse in part.

Posted by Marcia Oddi on April 20, 2006 11:36 AM
Posted to Ind. (7th Cir.) Decisions