Read Van Antwerp v. City of Peoria, 10-2455

In a police officer's discrimination suit against a city, claiming that the police department withdrew his transfer to a technician position, purportedly because the position did not become available as planned, only to offer the position to another officer four months later, district court's grant of summary judgment in favor of the city is affirmed where: 1) plaintiff's direct claim fails as, plaintiff has not offered sufficient evidence to allow a jury to find that the department's legitimate reason for rescinding his transfer was a pretext for discrimination; and 2) even if plaintiff had not waived his indirect claim, it would still lack merit as he is unable to show that the city's reason for not transferring him was a pretext for age-based discrimination.

Appellate Information

• Argued 10/29/2010
• Decided 12/06/2010
• Published 12/06/2010

Judges

• KANNE

Court

• United States Seventh Circuit

Counsel