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Coroner's office loses 2nd reverse-discrimination appeal

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The 7th Circuit Court of Appeals has ruled that a reverse-discrimination case against Marion County should be able to proceed in federal court in Indianapolis because evidence shows the former county coroner’s decision to terminate a forensic pathology company’s contract may have been based on race.

A unanimous decision came today in Stephen Radentz, et al. v. Marion County, et al., No. 10-1523, which involves the line of litigation stemming from actions by former Marion County Coroner Kenneth Ackles and Chief Deputy Coroner Alfarena Ballew when they were in the office in 2005 and 2006.

In this case, Ackles and Ballew terminated plaintiff Forensic Pathology Associates of Indiana’s five-year contract that had started in 2005 and entailed providing the county office with physicians and support staff for forensic pathology services and autopsies. The management contended it was because of excessive costs and the contract termination saved the county several hundred thousand dollars a year on what it paid for out-of-county autopsy supplies. Forensic Pathology alleged the county office had been pleased with the quality of work and instead this was part of a broader effort to replace white workers with African-Americans. At one point after the contract’s termination, Ackles indicated he’d been pleased with the forensic services, but at the time cited a contract provision allowing termination without cause within six months to end the contract. He replaced Forensic Pathology with an African-American pathologist, Dr. Joyce Carter. All of that led to this federal suit.

U.S. Judge William Lawrence in the Southern District of Indiana granted the defendants’ motion for summary judgment against Forensic Pathology and its founders. But the 7th Circuit disagreed with those findings based on the record in this case, determining at several points that evidence shows a trend that Ackles and Ballew based their decision more on race than budgetary reasons.

Part of the evidence in the record included statements from employees who’d overheard statements about replacing white workers with African-Americans, the overall racial makeup shift in that office during Ackles’ term, and that the contract allowed for ending those autopsy services rather than cancelling the entire contract itself. The appellate panel rejected the defendants’ arguments that the court didn’t have the authority to examine the office’s decision-making process, finding that it had the authority to determine whether the asserted justification given was honest-held.

“Taken as a whole, we cannot conclude that a jury would have been compelled to believe the defendants’ explanation,” Circuit Judge Illana Diamond Rovner wrote for the panel that also included Chief Judge Frank Easterbrook and Judge Richard Posner. “The issue before us is whether summary judgment was proper. There is a factual dispute as to whether the decision to terminate the contract was based on a nondiscriminatory reason or whether it was race-based.”

This decision remands the case back to the District level to continue proceedings.

This is the second time during the past year the county has lost a case involving the former coroner. In July 2010, the 7th Circuit in Marion County Coroner’s Office v. EEOC, No. 09-3595, affirmed the District’s findings of discrimination and retaliation in a suit filed by former Chief Deputy Coroner John Lineham. Lineham, who is white, was fired by Ackles in December 2005 and replaced with Ballew, an African-American woman.
 

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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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