Friday, June 08, 2012
Ind. Decisions - 7th Circuit decides one Indiana case today
In Harper v. C.R. England Inc. (ND Ind., Cherry, MJ), a 33-page opinion, Circuit Judge Ripple writes:
Kenneth Harper brought this action in Indiana state court against his former employer, C.R. England, Inc. (“C.R. England”), alleging racial discrimination, harassment and retaliation in violation of 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. He also alleged that C.R. England had retaliated against him for having filed a workers’ compensation claim, in violation of Indiana law. C.R. England removed the case to the district court. The magistrate judge, sitting by consent of the parties, granted summary judgment in favor of C.R. England, and Mr. Harper timely appealed. He now asks that we review the district court’s determination only with respect to his retaliation claim. After examining the record, studying the appellate briefs and hearing the argument of counsel, we conclude that the district court correctly decided that there is no genuine issue of triable fact on the retaliation claim and that the defendant therefore is entitled to judgment as a matter of law. Accordingly, we affirm the judgment of the district court.
Posted by Marcia Oddi on June 8, 2012 09:03 PM
Posted to Ind. (7th Cir.) Decisions