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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. How do you go about each day with out having resentment or ill will towards the evil that has done this to you? Is it your faith that keeps you going and knowing that someday they will have to answer to God? At church our pastor talked about forgiveness and how Jesus forgave our sins and we should too. Its very hard knowing that we do the right thing in this world, and those that are liars, thieves, are continued in power and continue on doing their jobs, while you are banished from something that you have every right to do with out being penalized.

  2. From my post below .... I cut and pasted in error: http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468

  3. Your prayers must account for some of the wind beneath my wings. That and this: His yoke is easy, His burden light. OK, now to bring this comment thread 100% back to the topic at hand. From my secret files, never before published, a letter that Commission head Myra Selby deemed interesting, but ..... This Hail Mary was ignored by the Commission, and then cited by the Indiana bar examiners to justify the need for a lifetime banishment from the Indiana Supreme Court. I tender it as a study in anti white male anti Christian antipathy in the Indiana court system. Focused upon the Race (ie not white) and Gender (ie not male) and not religious Commission for "fairness." Uncle Karl, eat your heart out: https://www.scribd.com/document/340472424/Race-gender-request-24128-1 ... https://drive.google.com/file/d/0BznfHUztK5eTUGlxbmRvMWJsaHhLcGFuaE5KNHZWVjk3eHRn/view?usp=sharing

  4. What a disgrace of Judicial Proceedings. Can complain and write comments forever but someone needs to show the mother how to fight back before he turns this little girl against her.

  5. The truth comes out Issac Law Firm for Men helped Montgomery to get custody.Should read the lies he told them.How much was paid to the judges?

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