United States Seventh Circuit

In plaintiff's suit against a county, county sheriff's department and individuals, claiming constructive discharge and malicious prosecution for charging him with custodial sexual misconduct while employed as a correctional officer in a county jail's women's division for which he was acquitted of in state court, the judgments of the district court are affirmed where: 1) grant of summary judgment was proper as no reasonable jury could find that plaintiff was constructively discharged; 2) plaintiff cannot avoid summary judgment on his gender discrimination claim; 3) plaintiff cannot avoid summary judgment on his race discrimination claim as he has not shown discriminatory motivation under the direct method or carried his burden under the indirect method; 4) summary judgment was appropriate on plaintiff's First Amendment retaliation claim as he failed to show that his speech were constitutionally protected; 5) summary judgment was appropriate on plaintiff's malicious prosecution claim as under Illinois law, a grand jury indictment is prima facie evidence of probable cause; 6) summary judgment was appropriate on plaintiff's intentional infliction of emotional distress claim as he failed to show that defendants' conduct was extreme and outrageous; and 7) plaintiff's Title VII retaliation claim was properly dismissed.

Appellate Information

• Argued 01/15/2010
• Decided 04/22/2010
• Published 04/22/2010

Judges

• EVANS, Circuit Judge., Before WOOD, EVANS, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

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


• For Appellees:
  
• John F. Curran, Attorney, Daniel F. Gallagher, Attorney, Querrey & Harrow, Chicago, IL, for Defendants-Appellees.