United States Seventh Circuit

In an action for First Amendment retaliation and retaliatory discharge, summary judgment for defendant is reversed where: 1) plaintiff established a prima facie case for retaliation and presented sufficient evidence from which a jury could infer that defendants' stated reason for terminating her employment was pretextual; 2) plaintiff's Monell claim may proceed to trial as plaintiff has shown that the mayor was the final policymaker for defendant, such that defendant may be held liable if the jury finds that the mayor and village administrator retaliated against her in violation of her First Amendment rights; and 3) defendant is not entitled to immunity under the the Illinois Tort Immunity Act from plaintiff's retaliatory discharge claim as the decision to fire her did not amount to a policy decision as defined by the Illinois courts.

Appellate Information

• Argued 05/12/2008
• Decided 07/30/2009
• Published 07/30/2009

Judges

• WILLIAMS, Circuit Judge., Before ROVNER, EVANS, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Dana L. Kurtz (argued), Kurtz Law Offices, LLC, Lockport, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Patrick J. Ruberry, Litchfield Cavo, Ellen K. Emery (argued), Ancel, Glink, Diamond, Bush, Dicianni & Krafthefer, Chicago, IL, for Defendants-Appellees.