Chesser v. Illinois

895 F.2d 330, 1990 U.S. App. LEXIS 1619, 52 Empl. Prac. Dec. (CCH) 39,620, 52 Fair Empl. Prac. Cas. (BNA) 148
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 6, 1990
DocketNo. 88-2127
StatusPublished
Cited by11 cases

This text of 895 F.2d 330 (Chesser v. Illinois) 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
Chesser v. Illinois, 895 F.2d 330, 1990 U.S. App. LEXIS 1619, 52 Empl. Prac. Dec. (CCH) 39,620, 52 Fair Empl. Prac. Cas. (BNA) 148 (7th Cir. 1990).

Opinion

ESCHBACH, Senior Circuit Judge.

This is a tale of two troopers. Albert Chesser and David Deason were both employed as rookies in that office by the State of Illinois in October, 1975. Chesser was black; Deason, white. Their careers progressed along similar, but not identical, paths. At the State Police Academy Ches-ser received “satisfactory” ratings and graduated 19th out of an entering class of 45 persons. Deason received slightly higher ratings and graduated 4th. Following graduation from the Academy Chesser was sent to Chicago to complete a one year “probationary employment” period with an extended stint of field training.1 Deason was assigned to complete his probationary period in central Illinois. The work of both men during this period left something to be desired. Chesser’s supervisors found his performance deficient in many respects: among other things he was unable to accept criticism and he was unaware of potential on-the-job hazards; he had poor driving habits, poor relations with the public, poor report writing, poor radio communications, poor judgment, and a faulty court record. Deason’s supervisors thought little better of him: he was unable to accept criticism, unable to write reports, and unable to maintain a stable personality; he had poor driving habits, poor relations with the public, poor court behavior, and an apparent problem with alcohol. The two troopers’ evaluations reflected upon them to such an extent that toward the end of their probationary employment they were seen as similarly unfit for service in the Illinois State Police (“ISP”). Chesser’s district commander recommended on September 16, 1976 that Chesser be terminated. Deason’s district commander made a similar recommendation on October 7, 1976 for Deason.

The ISP invests a good deal of time and money in its probationary troopers. Thus, before one is fired (and the investment written off) it is common for the ISP to hold a review hearing in which certain officials have a chance to deliberate on the proposed firing. The holding of such a hearing during the period of Chesser and [332]*332Deason’s employment followed a standard procedure: Upon receiving a district commander’s recommendation that a probationary trooper be terminated the Superintendent of Police — who had full discretionary authority to fire probationary troopers— would call a meeting. The meeting was not statutorily mandated; it was held only for the enlightenment of the Superintendent. He would summon for the meeting the trooper, the trooper’s district and area commanders, the field operations and the staff services deputy superintendents, and, possibly, one person from the personnel department. At the meeting all persons but the trooper would get together and review the trooper’s personnel file. The district commander would begin discussing the trooper’s employment history and other panel members would question him about the trooper’s work. The trooper then would be asked to join the meeting. He would be questioned about his work by members of the panel, and he would be given an opportunity to address the contents of his file and proffer explanations or defenses to any negative comments included therein. After sharing his remarks the trooper would leave the meeting and further discussion between the panel members would ensue; they would comment on the trooper’s responses to their questions and the file’s criticisms. The Superintendent would listen to the discussion and, at an appropriate moment, ask the panel members to take a position on the trooper’s employment. Starting with the district commander, and continuing to the area commander, the field operations deputy superintendent, and the staff services deputy superintendent, each panel member would make a recommendation to the Superintendent and then defend or justify his recommendation. Having reviewed the trooper’s file, listened to the trooper’s comments, and obtained the group members’ recommendations, the Superintendent would exercise his authority and either terminate the trooper or extend his employment.

Chesser and Deason had their review hearing on the same day: October 8, 1976. For Deason, standard procedure was followed. Dwight Pittman, the Superintendent of Police, presided over the meeting. He was joined by Deason’s district and area commanders, the field operations and the staff services deputy superintendents, and a representative from personnel. Dea-son’s file was reviewed and panel members made comments on the entries. Deason was invited in. He spoke in his own behalf, fielding questions, discussing entries in his file, and providing a defense to various criticisms leveled against him. After he left, the remaining group canvassed his case again, and came to the conclusion that Deason, if given a chance, would probably improve his performance and develop into an acceptable state trooper.2 The panel recommended that Deason’s probationary employment be extended six months. Pittman concurred in the group’s recommendation, and Deason’s employment was extended.

Chesser’s review was different from the norm, both in process and result. Chesser was informed at 1:30 in the morning of October 8, by radio dispatch, that he was wanted for a meeting at a location approximately four hours away by 9:00 that same morning. This time frame left him no opportunity to sleep before the meeting. As he was not informed of the purpose for which the meeting was being held, he had no reason to review his personnel file or prepare a defense of his performance. Thus, once at the meeting he was caught unprepared. And while there he was denied the opportunity to freely defend himself; his participation was limited simply to answering the specific questions of his inquisitors. Of these persons there were an extraordinary number — about eight. This group, unusual in its size, was also unusual in its composition. Included among those unusually present was one of Chesser’s [333]*333field-training supervisors, a supervisor who previously had evaluated Chesser in a less than glowing light. And absent among those usually present was the ultimate decision-maker, Pittman, who for some unknown reason chose not to give Chesser the benefit of a personal review. Not surprisingly, Chesser was unable to dissuade the review group from recommending his termination. This recommendation was communicated to Pittman who, not surprisingly, accepted it. About a week after the meeting Chesser was fired.

Chesser later learned that Deason had been given a second chance by the ISP with a six month extension of his probationary period. This news left him somewhat miffed, as he felt his record was at least as good as Deason’s. He filed a complaint on January 3, 1977 with the Equal Employment Opportunity Commission charging that the ISP had fired him and kept Deason because of race. The EEOC began an investigation, with which the ISP refused to fully cooperate. Despite this, the EEOC managed to collect enough evidence to conclude, by October 30, 1980, that reasonable cause existed to believe that Chesser’s firing was race related. It then began an effort to bring the parties to a conciliatory agreement, but this effort failed. In the meantime the Civil Rights Division of the U.S. Department of Justice had been invited to prosecute Chesser’s case. After completely reviewing his EEOC file Justice declined the invitation to prosecute. Subsequent thereto on March 29, 1982, Chesser received a right to sue letter, the advice of which he promptly followed.

Chesser filed suit against the State, the ISP, and Pittman, claiming, among other things, that they violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.

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895 F.2d 330, 1990 U.S. App. LEXIS 1619, 52 Empl. Prac. Dec. (CCH) 39,620, 52 Fair Empl. Prac. Cas. (BNA) 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chesser-v-illinois-ca7-1990.