Kidd v. Illinois State Police

25 F. App'x 458
Court of Appeals for the Seventh Circuit·Decided December 21, 2001·No. No. 97-2835·Published

Opinion

ORDER

In his action, plaintiff William Kidd, III, who is African-American, alleges that the Illinois State Police (“ISP”) unlawfully discharged him on the basis of his race, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a). The case was tried to the bench and resulted in a finding for the ISP. Kidd v. Illinois State Police, 1997 WL 361140 (N.D.Ill. June 20, 1997). Kidd appealed. In an opinion dated January 12, 1999, we remanded this case to the district court for further consideration. Kidd v. Illinois State Police, 167 F.3d 1084 (7th Cir.1999). We asked Judge Rosemond, who tried the case, to address certain evidence in the record that stood in apparent conflict with the testimony of a key defense witness, whom Judge Rosemond had found to be credible. See id. at 1097-1101. We also asked Judge Rosemond to give further consideration to statistical evidence indicating that African-American probationary troopers (like Kidd) had been terminated at much higher rates than their white counterparts. Id. at 1101-02. We retained jurisdiction over Kidd’s appeal while awaiting the district court’s supplemental findings.

After taking additional submissions from the parties, Judge Rosemond issued an order addressing the evidence that we asked him to consider on remand. Kidd v. Illinois State Police, 138 F.Supp.2d 1047 (N.D.Ill.2001). We in turn invited the parties to file supplemental briefs addressing that order.

I.

Our previous opinion contains a complete recitation of the relevant facts. Our factual and procedural summary here shall be more brief.

The Illinois State Police (“ISP”) discharged Kidd shortly before he completed [460] a year-long period of training to become a trooper due to Kidd’s sub-par performance in report-writing and radio communications. Kidd had been exhibiting difficulty with his report-writing from the beginning of his training; his difficulty with radio communications (which primarily involved transposing license plate numbers) did not become apparent until he began supervised patrols later on in the training process. Several months prior to this discharge, the ISP sent Kidd for professional evaluation and ascertained that Kidd had a learning disability, or something close to it; and approximately three weeks prior to his discharge, Kidd had entered into an agreement committing himself to the remedial training he needed to compensate for this apparent disability. But because Kidd’s initial, probationary period of employment was nearly at an end by this time and Kidd had not yet demonstrated an ability to engage in accurate written and radio communications, the ISP was reluctant to retain him in its employ and decided instead to discharge him.

Kidd subsequently filed this Title VII action alleging that his discharge was discriminatory. Among other contentions, Kidd asserted that the ISP had intervened much earlier in the training process and much more constructively on behalf of another trainee in Kidd’s class, Robert Tucker, who also had evident writing problems from the outset of training (later attributed to a learning disability) but who was white. Tucker, like Kidd, was terminated at the end of his probationary year because he had not yet managed to correct that problem. By the time of Tucker’s termination, however, a special “Field Training Program” comprised of both tutoring and a variety of special workplace accommodations for Tucker had been in place for more than six months. Six months, coincidentally, was what Kidd’s evaluators and supervisors thought he would need in order to correct his problems with writing and radio usage. But, as we have noted, Kidd’s apparent learning disability was not identified until late in his training, and a remedial program for him was not put into place until weeks before the decision was made to discharge him. Consequently, Kidd did not have the opportunity that Tucker did to attempt to overcome his apparent disability. Kidd contends that the marked difference in treatment was due to the difference in their races.

After conducting a bench trial, Judge Rosemond found that the ISP had not engaged in racial discrimination. Although the evidence left no doubt that the ISP had endeavored to identify and address the source of Tucker’s problems with report-writing much sooner than it did in Kidd’s case, Judge Rosemond found that the ISP had intervened earlier on Tucker’s behalf because it had perceived his writing deficiencies to be more pronounced, and more in need of special remediation, than it did Kidd’s. In making this finding, Judge Rosemond relied in the main upon the testimony of ISP Sergeant Frank DeBerry. DeBerry was the statewide supervisor of Field Training Officers (who in turn provide field training to probationary officers like Kidd), and he also taught report writing to both Kidd and Tucker during the initial phase of their training at the ISP academy. DeBerry was also the individual who decided that Tucker ought to be evaluated for potential learning deficiencies and who, after Tucker’s learning disability was identified, helped to develop the special Field Training Officer program for Tucker. DeBerry was, in short, “the catalyst for the divergent paths taken by Kidd and Tucker[.]” Kidd I, 1997 WL 361140, at *4. DeBerry testified at trial that although both Kidd and Tucker had writing problems, he believed that Tucker’s problems were worse than Kidd’s, [461] thus necessitating more specialized intervention.

I thought that with Trooper Tucker, there was very little if any hope of him ever writing a police report that would not be embarrassing to the State Police. As regard[s] to Kidd, it was my belief that he needed work but that our field training officers, upon graduation [from first phase of training at the ISP academy], could help him get to an acceptable performance level in that area.

Tr. 174. Judge Rosemond believed DeBerry, and DeBerry’s explanation for the earlier intervention on Tucker’s behalf supplied the foundation for Judge Rosemond’s finding that the ISP had not delayed seeking assistance for Kidd on account of Kidd’s race. See Kidd I, 1997 WL 361140, at *4.

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Kidd v. Illinois State Police, 25 F. App'x 458 (7th Cir. 2001).

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