Carlisle v. Lopresti

47 F. Supp. 2d 973, 1999 U.S. Dist. LEXIS 6899, 1999 WL 274142
CourtDistrict Court, N.D. Illinois
DecidedApril 30, 1999
DocketNo. 97 C 4882
StatusPublished

This text of 47 F. Supp. 2d 973 (Carlisle v. Lopresti) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carlisle v. Lopresti, 47 F. Supp. 2d 973, 1999 U.S. Dist. LEXIS 6899, 1999 WL 274142 (N.D. Ill. 1999).

Opinion

MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

The plaintiff, Ada Carlisle, sued the defendants, Cook County Sheriff Assistant Chief Thomas Walsh1 and Cook County Sheriff Lieutenant Richard Lopresti under 42 U.S.C. § 1983. Carlisle, who is African American, alleges that Walsh and Lopresti violated her First Amendment rights by retaliating against her for complaining of an allegedly discriminatory assignment practice at the Cook County Sheriffs Office. Currently before the Court is Defendants’ motion for summary judgment. For the reasons stated below, the motion is denied.

I. RELEVANT FACTS2

From 1985 to the spring of 1996, Car-lisle worked as a Deputy Sheriff at the Harrison and Kedzie courthouse (the “Kedzie courthouse”) (in Chicago. (12(M)(3) at 1.) Carlisle’s direct superior at the courthouse was Lopresti, who, in turn, was supervised by Walsh. (12(M)(3) Ex. B at 18; 12(M)(3) at 4.) One of Lopresti’s weekly responsibilities was assigning deputies to each of the following posts at the Kedzie courthouse: 1) courtroom security for Branch 43, the misdemeanor courtroom; 2) courtroom security for Branch 44, the felony courtroom; and 3) front door security at the civilian entrance. (12(M)(3) at 6-8.)

In September 1995, an African-American judge (the “Judge”) was assigned to Branch 43. (12(M)(3) at 5; 12(N)(3)(b) at I.) Shortly after her arrival, the deputies began complaining about the Judge’s demeanor and slowness, which resulted in extended working hours. (12(M)(3) at 8-10.) Carlisle denies complaining about the Judge and says she had no preference for working with any particular judge. (12(M)(3) at 8.)

In November 1995, Cook County Chief Sheriff Carick informed Walsh and Lo-presti that the Judge had requested that deputies Charles Tate and Charles Harp, both of whom are African American, be assigned to her courtroom. (12(M)(3) at 5, 10; 12(M)(3) Ex. B, at 32-33.) As a result, Lopresti stopped his previous practice of rotating deputies among the three posts and primarily assigned Tate, Harp, and Carlisle to work with the Judge in Branch 43. It is unclear why Carlisle was assigned to Branch 43 along with Tate and Harp, (see 12(M)(3) Ex. B at 33), but she perceived the permanent assignments to be racially discriminatory. (12(M)(3) at II.)

On November 27, 1995, Carlisle wrote a memorandum to Walsh stating:

Male and Female deputies are rotated weekly from court to court to security, but for the past three ... weeks myself, ... Harp and ... Tate have remained] [976]*976in Br[anch] # 43 and not rotated to other courts. On several occasion[s] the white officers have coraplainfed] about working in [the Judge’s] court[ ]room.... [the Judge] is [African American], none of the white officers have been assigned to [the Judge’s] courtroom for the past [three] weeks[ — ]only [African American] officers have been assigned there[.] I asked [Lopresti] why I was not being rotated like the white officers and he ... [told] me he was following orders from Deputy Sheriff Patrick Hecker. I would like to know why I am not being rotated like the white officers.

(12(N)(3)(b) Ex. F.) After writing this memorandum, and while Carlisle, Harp, and Tate remained assigned primarily to Branch 43, Carlisle states that she confronted Walsh on at least two occasions regarding the matter. On the first occasion, Carlisle claims that she told Walsh that she felt he and Lopresti were discriminating against the African-American sheriffs. (12(N)(3)(b) at 2.) Walsh allegedly replied, “That’s the way you look at it but that’s the way it’s going to be.” (12(N)(3)(b) at 2.) Carlisle later told Walsh and Lopresti that, “We are in the courtroom by ourselfves]. Most times we ... don’t get a break. They wouldn’t send the white sheriffs in to give us a break. They wouldn’t even come into the courtroom.” (12(N)(3)(b) at 2; 12(M)(3) Ex. A at 63.) Walsh testified that he may have discussed Carlisle’s allegations with Lopresti, but no internal investigation was conducted and, in the end, he decided not to change the assignments.3 (12(M)(3) Ex. C, at 39-40.)

On January 18, 1996, Carlisle filed a written charge of race discrimination with the Equal Employment Opportunity Commission (“EEOC”), (12(M)(3) at 2), alleging that the courtroom assignments had been segregated since November 1995. (See 12(N)(3)(b) Ex. F.) Although Lopresti recalls receiving a telephone call from a woman investigating the charge, possibly Ms. Gloria Mayfield (“Mayfield”), (see 12(N)(3)(b) at 27-33), the record does not definitively reveal when he and Walsh first learned of Carlisle’s EEOC charge.4

In January 1996, the Judge was transferred from the courthouse and Lopresti resumed rotation of the post assignments. (12(M)(3) at 5, 10.) In July 1996, Carlisle says that Mayfield called and informed her that an attorney for the Cook County Sheriff wanted to offer an apology for Walsh’s and Lopresti’s conduct, and a promise that the conduct would not be repeated. (12(N)(3)(b) Ex. F at 1.) Car-lisle says she rejected the offered apology. (12(N)(3)(b) Ex. F at 1.) Sometime that month, Carlisle was suspended for three days without pay, causing her to lose approximately $345.00 in wages. (12(M)(3) at 14-15.) In addition, three days after she says she rejected the offered apology, Carlisle received written notification that she was being transferred from the Kedzie courthouse to a court located at 1340 S. Michigan Avenue in Chicago (“Michigan Ave. courthouse”). (12(N)(3)(b) at 2.) The Michigan Ave. courthouse is three or four miles farther away from Carlisle’s house than the Kedzie courthouse, making it inconvenient for her to get to work. (12(M)(3) at 15.) Carlisle worked at the Michigan Ave. courthouse for three months before her request to return to the Kedzie courthouse was granted. (Id. at 14.)

The parties dispute the reasons why Carlisle was suspended and transferred. Carlisle asserts that Walsh and Lopresti [977]*977were retaliating against her for her complaints to them and to the EEOC about the assignment practice. In support of her position, Carlisle relies upon the close temporal connection between her refusal to accept the Sheriffs Office’s apology and her suspension and transfer. (12(N)(3)(b) at 2.) She also points to Lopresti’s testimony that, for the most part, a deputy is only detailed from one location to another when that deputy is “having a problem working at that facility.” While Carlisle denies Lo-presti’s charge, Lopresti documented Car-lisle’s shortcomings in a July 3, 1996 memorandum to Walsh recommending that Carlisle be temporarily transferred.5 (12(N)(3)(b) at 5.) As the basis for Car-lisle’s transfer, Walsh and Lopresti argue that Carlisle was often tardy to work, she was the cause of several written complaints, and others believed her to have poor work habits in general. (12(M)(3) at 12-13; 12(M)(3) Ex. I-J; 12(N)(3)(b) Ex. E.) However, of Carlisle’s 46 incidents of tardiness between January 1991, and April 1996, she was late by 15 or fewer minutes in 25; also, only one incident occurred in 1996, and only six occurred in 1995. (12(M)(3) at 12-13; 12(M)(3) Ex. I).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Givhan v. Western Line Consolidated School District
439 U.S. 410 (Supreme Court, 1979)
Connick Ex Rel. Parish of Orleans v. Myers
461 U.S. 138 (Supreme Court, 1983)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
James Hulbert v. Richard Wilhelm
120 F.3d 648 (Seventh Circuit, 1997)
Waters v. Churchill
511 U.S. 661 (Supreme Court, 1994)
Berndt v. Jacobi
781 F. Supp. 553 (N.D. Illinois, 1991)
Roberts v. Broski
979 F. Supp. 746 (N.D. Illinois, 1997)
Pollard v. City of Chicago
643 F. Supp. 1244 (N.D. Illinois, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
47 F. Supp. 2d 973, 1999 U.S. Dist. LEXIS 6899, 1999 WL 274142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carlisle-v-lopresti-ilnd-1999.