Tuesday, August 08, 2006
Ind. Decisions - Two Indiana cases today from the 7th Circuit
In Tomanovich, George v. Indianapolis (SD Ind., Richard L. Young, Judge), a 21-page opinion, Circuit Judge Manion writes:
MANION, Circuit Judge. George Tomanovich sued the City of Indianapolis and the Indiana Department of Transportation, alleging that they retaliated against him for engaging in protected activity in violation of Title VII. Tomanovich also alleged that the City blacklisted him in violation of Indiana Code 22-5-3-1. The district court granted the defendants summary judgment. Tomanovich appeals. * * *In USA v. Drake, James Allen (ND Ind., Theresa L. Springmann, Judge), an 11-page opinion, Circuit Judge Bauer writes:
Although the City fired Tomanovich after he had filed a complaint with the EEOC, Tomanovich failed to present sufficient evidence under the direct method of a causal connection between Tomanovich’s protected activities and his firing, or the City’s subsequent refusal to provide INDOT details on Tomanovich’s work history. Tomanovich also failed to establish retaliation under the indirect method because he failed to present evidence that he was meeting the City’s legitimate business expectations or that someone who was similarly situated, but who had not engaged in protected activity, was treated more favorably. Additionally, Tomanovich’s state law blacklisting claim against the City fails because Tomanovich failed to present evidence that the City provided INDOT with false information. Finally, Tomanovich’s retaliation claim against INDOT fails under both the direct and indirect methods, because, among other reasons, Tomanovich failed to present sufficient evidence that INDOT knew of Tomanovich’s protected activities. Accordingly, the district court properly granted the defendants summary judgment. For these and the foregoing reasons, we AFFIRM.
A jury found James Drake guilty of possession of a firearm by a felon, 18 U.S.C. § 922(g)(1), and the district court sentenced him before the Supreme Court’s decision in United States v. Booker, 543 U.S. 220 (2005), to 103 months’ imprisonment and 3 years’ supervised release. Drake appeals, arguing that the gun should have been suppressed and that the court committed plain error when it instructed the jury regarding his two prior felony convictions. He also argues that his case should be remanded under United States v. Paladino, 401 F.3d 471 (7th Cir. 2005). We affirm Drake’s conviction, but order a limited remand to determine whether the court would have given Drake the same sentence under an advisory Guidelines regime.
Posted by Marcia Oddi on August 8, 2006 12:15 PM
Posted to Ind. (7th Cir.) Decisions