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Wednesday, July 30, 2008

Ind. Decisions - Two Indiana opinions today from 7th Circuit

In Parrott v. US (SD Ind., Judge Young), a 21-page opinion, Judge Wood writes:

The remand resulted in a grant of summary judgment against Parrott on both of his claims. In addition to challenging that ultimate decision on appeal, Parrott, who represented himself pro se throughout the district court proceedings, also argues that the district court erred when it denied various discovery motions. Parrott asserts that the district court’s handling of discovery provides an independent basis for reversal, particularly on the failure-to-protect claim. We agree with him, and we therefore remand the case to the district court once again for further discovery on the question whether BOP officials negligently failed to protect Parrott from Gregory’s assault.
In Hall v. Forest River, Inc. (ND Ind., CJ Miller), an 18-page opinion, Judge Manion writes:
Shellee Hall sued her former employer, Forest River, Inc., for sex discrimination, constructive discharge, and retaliation, under Title VII. The district court granted Forest River summary judgment on the constructive discharge claim and, following the close of Hall’s case-in-chief, granted Forest River judgment as a matter of law on the retaliation claim. The sex discrimination claim was submitted to a jury, which returned a verdict in favor of Forest River. Hall appeals, challenging only the district court’s decision granting Forest River judgment as a matter of law on her retaliation claim. We affirm. * * *

In order to avoid judgment as a matter of law, Hall needed to present sufficient evidence of causation to support a jury’s verdict of retaliation. Hall failed to do so, however, pointing instead to evidence irrelevant to the issue of causation or insufficient as a matter of law to support a jury verdict in light of the undisputed evidence that Forest River believed another candidate was better qualified for a promotion. For these and the foregoing reasons, we AFFIRM.

Posted by Marcia Oddi on July 30, 2008 12:47 PM
Posted to Ind. (7th Cir.) Decisions