David Ballance v. City of Springfield, Illinois Police Department

424 F.3d 614, 2005 U.S. App. LEXIS 20066, 86 Empl. Prac. Dec. (CCH) 42,106, 96 Fair Empl. Prac. Cas. (BNA) 988, 2005 WL 2271911
CourtCourt of Appeals for the Seventh Circuit
DecidedSeptember 19, 2005
Docket04-3410
StatusPublished
Cited by93 cases

This text of 424 F.3d 614 (David Ballance v. City of Springfield, Illinois Police Department) 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
David Ballance v. City of Springfield, Illinois Police Department, 424 F.3d 614, 2005 U.S. App. LEXIS 20066, 86 Empl. Prac. Dec. (CCH) 42,106, 96 Fair Empl. Prac. Cas. (BNA) 988, 2005 WL 2271911 (7th Cir. 2005).

Opinion

WILLIAMS, Circuit Judge.

David Ballanee, a former police officer, sued the Springfield Police Department for race discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., for matters arising from his termination. The issue before us is whether the district court erred by finding that no genuine issue of material fact existed for trial on Ballance’s reverse race discrimination claim. We find that although Ballanee has established his prima facie case, he has failed to satisfy his burden of showing that the police department’s legitimate, nondiscriminatory reasons for terminating him were pretextual, and therefore, affirm.

I. BACKGROUND

We give a brief outline of the facts here, and will discuss them in greater detail where relevant to our analysis. Ballanee, a white male, was a police officer with the Springfield, Illinois Police Department from October 1989 until his termination on October 17, 2000 by then-police Chief John Harris. Chief Harris stated that he terminated Ballanee for three reasons: first, Ballance’s involvement in a July 27, 2000 event where he allegedly battered his wife; second, Chief Harris’s finding that Bal-lance had obstructed the internal affairs interview regarding this domestic battery; and third, Ballance’s prior record of disciplinary actions. 1 Ballanee ultimately brought a reverse race discrimination suit against the department in the United States District Court for the Central District of Illinois. Specifically, Ballanee claims that the department discriminated against him based on his race because Chief Harris would not have fired an African-American officer for the same reasons that he terminated Ballanee.

The district court granted summary judgment in favor of the police department, and Ballanee timely appeals.

II. ANALYSIS

A. Standard of Review

We review de novo a district court’s grant of summary judgment. Lamers Dairy Inc. v. United States Dep’t of Agric., 379 F.3d 466, 472 (7th Cir.2004); Ind. Family & Soc. Servs. Admin. v. Thompson, 286 F.3d 476, 479 (7th Cir.2002). Summary judgment is properly granted when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). When determining whether a genuine issue of material fact exists, we consider evidence in the light most favorable to the nonmoving party. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Material facts are facts that “might affect the outcome of the suit” under the applicable substantive law. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. *617 2505, 91 L.Ed.2d 202 (1986). A dispute over material facts is genuine if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party."Id.

B. Ballance's Reverse Race Discrimination Claim

Title VII prohibits employers from discriminating against employees on the basis of sex or gender. 42 U.S.C. § 2000e-2(a)(1) (2005). Plaintiffs in employment discrimination cases can avert summary judgment by presenting either direct or indirect evidence showing discriminatory intent by the defendant or its agents. O'Regan v. Arbitration Forums, Inc., 246 F.3d 975, 983 (7th Cir.2001). Given that Ballance does not provide any direct evidence of discrimination on the basis of race, he must proceed under the familiar four-part burden-shifting test established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973) and refined in Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). Under the McDonnell Douglas scheme, the plaintiff bears the initial burden of establishing a prima facie case. McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817; O'Regan, 246 F.3d at 983.

Under McDonnell Douglas, a plaintiff attempting to establish a claim of race discrimination must establish four prongs: first, that he is a member of a protected class; second, that he was meeting his employer's legitimate performance expectations; third, that he suffered an adverse employment action; and fourth, that he was treated less favorably than similarly situated individuals who are not members of his protected class. See Ineichen v. Ameritech, 410 F.3d 956, 959 (7th Cir.2005). It is well settled law that the protections of Title VII are not limited to members of historically discriminated-against groups. McDonald v. Santa Fe Trail Transp. Co., 427 U.S. 273, 96 S.Ct. 2574, 49 L.Ed.2d 493 (1976); Greenslade v. Chicago Sun-Times, Inc., 112 F.3d 853, 863 (7th Cir.1997). When analyzing reverse discrimination plaintiffs, we have held that in order to establish a prima facie case, in addition to meeting the second, third and fourth prongs above, such a plaintiff must show that "background circumstances" exist to show an inference that the employer has "reason or inclination to discriminate invidiously against whites" or evidence that "there is something `fishy' about the facts at hand." Phelan v. City of Chicago, 347 F.3d 679, 684-85 (7th Cir.2003); see also Mills v. Health Care Serv. Corp.; 171 F.3d 450, 455-57 (7th Cir.1999).

Once the plaintiff has established a prima facie case, the burden of production shifts to the defendant to provide a legitimate, nondiscriminatory reason for the decision. McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817; Ineichen, 410 F.3d at 961.

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424 F.3d 614, 2005 U.S. App. LEXIS 20066, 86 Empl. Prac. Dec. (CCH) 42,106, 96 Fair Empl. Prac. Cas. (BNA) 988, 2005 WL 2271911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-ballance-v-city-of-springfield-illinois-police-department-ca7-2005.