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Tuesday, March 13, 2012

Ind. Decisions - 7th Circuit decides two Indiana cases today, one a reversal

In McComas v. Brickley (SD Ind., Barker), a 12-page opinion, Circuit Judge Bauer writes:

The plaintiff-appellee, Shannon McComas, was arrested by the defendant-appellant, Edward Brickley, for murder and for assisting a criminal in the state of Indiana. State prosecutors formally charged McComas only with assisting a criminal and false informing. These charges were later dropped. McComas then brought suit in federal court against Brickley for false arrest under 42 U.S.C. § 1983. Brickley moved for summary judgment in the district court, arguing that he had probable cause for the arrest and that he is protected by qualified immunity. The court denied his motion. Finding error in the court’s qualified immunity determination, we reverse.
In Smith v. Lafayette Bank (ND Ind., DeGuilio). a 5-page opinion, Richard L. Young, Chief Judge of the USDC, SD Ind., sitting by designation, concludes:
Here, Smith did not file her charge of discrimination until November 2006, five months after she was terminated. Accordingly, Smith is unable to show that the Bank administrators who terminated her were aware that she ever filed a charge of discrimination. “This dooms [her] claim not only under the direct method, but also under the indirect method.” Id. at 1122 (citing Mattson v. Caterpillar, Inc., 359 F.3d 885, 888 (7th Cir. 2004); Tomanovich, 457 F.3d at 668-69). For these reasons, Smith’s retaliation claim under the ADEA must fail as a matter of law. Therefore, we affirm the district court’s grant of summary judgment against Smith.

Posted by Marcia Oddi on March 13, 2012 11:43 AM
Posted to Ind. (7th Cir.) Decisions