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In tossing discrimination case, 7th Circuit confronts state immunity claims

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An Indiana Department of Health lab worker’s claim that he was fired because of his age, race or gender was rightly rejected by the District Court, the 7th Circuit Court of Appeals ruled Friday.

Judges on the panel also used the occasion to point to “the elephant in the room” - the state’s sovereign immunity claim in a case removed from state court. District Judge Jane Magnus Stinson also granted summary judgment for the defense on that basis in Paul Hester v. Indiana State Department of Health, 12-3207.

“We agree with the district court that Hester’s evidence could not support a finding that the Department’s action was motivated by race or gender,” Circuit Judge Diane Wood wrote for the unanimous panel. Hester, a white man in his 50s, had twice been passed over for promotions, including once by a much younger female colleague.

But Wood wrote that Hester’s employer had documented ample evidence of performance-related cause for termination and discipline. “Hester has provided no reason for suspecting that these negative assessments were pretextual.”

Wood wrote that the court was affirming on that basis because it was straight-forward, but the ruling dodged sovereign immunity questions that she noted have divided circuits around the nation.

“These cases raise a number of interesting questions: is it correct to distinguish between immunity from suit and immunity from a forum? May a state court, consistently with Testa v. Katt, 330 U.S. 386 (1947), refuse to entertain a case based on federal law when the state has an analogous statute that differs only in the remedies afforded? Are the rules different when the state freely chooses the federal forum by removing? What if the state not only removes, but it files a counterclaim?” Wood wrote.

“To the extent that Hester might have been seeking injunctive relief, did the district court act too hastily in assuming that Indiana’s sovereign immunity would also bar that aspect of his case, despite Ex parte Young, 209 U.S. 123 (1908)?

“Rather than plunge into those delicate topics in a case where the answers ultimately do not matter, we are content to save them for another day,” Wood wrote.
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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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