Auriemma v. Rice

895 F.2d 338, 1990 WL 8723
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 6, 1990
DocketNo. 89-1479
StatusPublished
Cited by11 cases

This text of 895 F.2d 338 (Auriemma v. Rice) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Auriemma v. Rice, 895 F.2d 338, 1990 WL 8723 (7th Cir. 1990).

Opinions

FLAUM, Circuit Judge.

This case was brought by eighteen white police officers of the Chicago Police Department who claim they were demoted based on race in violation of the equal protection clause of the fourteenth amendment, and 42 U.S.C. §§ 1981, 1983, and 1985(3), by defendant Fred Rice, former Superintendent of the Chicago Police Department. Rice filed a motion for summary judgment based on qualified immunity which was granted with regard to plaintiffs’ claims alleging political discrimination and retaliation (for actions taken before June 11, 1984). However, Rice’s motion was denied by the district court with regard to the plaintiffs’ counts alleging race discrimination, conspiracy to violate civil rights, and retaliation in violation of the [340]*340first amendment (for actions taken after June 11, 1984). For the reasons set out below, we reverse the district court’s partial denial of summary judgment and enter summary judgment based on qualified immunity for the counts of race discrimination and conspiracy to violate plaintiffs’ civil rights. We also dismiss plaintiffs’ claim of retaliation in violation of their first amendment rights for failure to state a claim.

I.

Fred Rice was appointed Superintendent of the Chicago Police Department by the late Mayor Harold Washington in August 1983. On December 2, 1983, Rice reorganized the top management (“exempt rank”) positions of the police department as is customarily done by incoming superintendents.1 As part of the reorganization, Rice reassigned or demoted twenty-five white officers from the exempt ranks, demoted no black officers and promoted thirteen black officers to the exempt ranks.

Plaintiffs filed a five-count complaint in the District Court for the Northern District of Illinois. In Count I, the plaintiffs alleged the demotions violated their rights to due process of law as guaranteed by the fourteenth amendment. Plaintiffs subsequently dismissed this claim voluntarily. Count II of the Second Amended Complaint alleged that the plaintiffs were demoted for “political reasons.” The district court granted summary judgment on this claim finding that Rice was entitled to qualified immunity because “it’s not a constitutional violation to make employment decisions based upon political affiliations when party affiliation is an appropriate requirement for effective performance of the public office involved.” In Count III, plaintiffs claim that race was “a substantial or motivating factor” in Rice’s decision to demote them. Plaintiffs contend that the demotions of the white officers and promotions of the black officers were carried out pursuant to a plan adopted by Rice based on the officers’ race. Rice denies that he made his personnel decisions based on race claiming instead that all his decisions were made to bring into the exempt ranks people that embraced his philosophy and accepted his management style. The district court denied summary judgment on this count finding that “it was clearly established that a public official could not use race for making employment determinations in the positions that then Superintendent Rice made, and so, ... qualified immunity at this stage will be denied.” In Count IV, plaintiffs allege that Rice engaged in a conspiracy to violate their civil rights in violation of 42 U.S.C. § 1985(3). The district court denied Rice qualified immunity on this count holding that “the law was clear in 1983 that all racial discrimination ... was clearly covered by Section 1985(3)_” The plaintiffs’ final claim, asserted in Count V, concerns the “harass[ment] and retaliation] against police officers who have filed federal lawsuits against” Rice in violation of 42 U.S.C. § 1983. On this count, the district judge granted summary judgment on the basis of qualified immunity for Rice’s acts up to and including June 11, 1984, when this Court denied rehearing en banc in Altman v. Hurst, 734 F.2d 1240 (7th Cir.1984), cert. denied, 469 U.S. 982, 105 S.Ct. 385, 83 L.Ed.2d 320 (1984). Accordingly, Rice’s motion for qualified immunity on Count V was denied for all actions after June 11, 1984, “when it was clearly established [by Altman ] that retaliation for the filing of a civil lawsuit dealing with a matter of public concern was conduct protected by the First Amendment to the Constitution.” Rice appeals the denial of qualified immunity on plaintiffs’ counts of race discrimination, conspiracy to violate civil rights, and retaliation (for activities after June 11, 1984) in violation of the first amendment.

II.

The sole issue on appeal is whether Rice is entitled to summary judgment based on [341]*341qualified immunity. Summary judgment is the proper stage at which to resolve a qualified immunity issue because it best protects “government officials from the costs of trial and burdens of discovery, whenever possible.” Rakovich v. Wade, 850 F.2d 1180, 1205 (7th Cir.1988) (en banc); see also Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). “Under the doctrine of qualified immunity, public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known.” Doe v. Bobbitt, 881 F.2d 510 (7th Cir.1989) (citing Harlow, 457 U.S. at 818, 102 S.Ct. at 2738). Thus, “[t]he general rule of qualified immunity is intended to provide government officials with the ability to ‘reasonably anticipate when their conduct may give rise to liability for damages.’ ” Anderson v. Creighton, 483 U.S. 635, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987) (quoting Davis v. Scherer, 468 U.S. 183, 195, 104 S.Ct. 3012, 3019, 82 L.Ed.2d 139 (1983)). Correspondingly, the inherent intent of qualified immunity is to protect government officials from non-meritorious lawsuits.

In Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982), the Supreme Court enunciated the modern standard to be applied in qualified immunity cases. The Court held that the official’s entitlement to qualified immunity “focuses on the objective legal reasonableness of an official’s acts.” Harlow, 457 U.S. at 819, 102 S.Ct. at 2739. “In Harlow, the Supreme Court eliminated the subjective good faith element from the qualified immunity analysis and held that ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Polenz v. Parrott,

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Bluebook (online)
895 F.2d 338, 1990 WL 8723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/auriemma-v-rice-ca7-1990.