United States Seventh Circuit

In an age-discrimination suit brought by a state police trooper, dismissal for failure to state a claim is vacated and remanded where plaintiff properly pleaded his claim that he was discriminated against due to age and that defendant was subject to the Age Discrimination in Employment Act, with the burden of proof on defendant to demonstrate that it was excepted from the act.

Appellate Information

• Argued 08/06/2008
• Decided 09/03/2008
• Published 09/03/2008

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and KANNE and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Neal Lewis (argued), Lewis & Associates, Orland, IN, for Plaintiff-Appellant.


• For Appellees:
  
• David L. Steiner (argued), Office of the Attorney General, Indianapolis, IN, for Defendant-Appellee.