Justia U.S. 7th Circuit Court of Appeals Opinion Summaries

N.J., in seventh grade, went to school wearing a T-shirt displaying a Smith & Wesson logo, with an image of a revolver. A.L., a high school student, went to school wearing a T-shirt bearing the logo of a gun-rights group, incorporating an image of a handgun. Administrators at both schools barred the boys from wearing the shirts. Neither school’s dress code expressly bans clothing with images of firearms; the dress codes prohibit “inappropriate” attire, which the administrators interpreted to bar any clothing with an image of a firearm. The students brought separate lawsuits alleging violations of their free-speech rights under 42 U.S.C. 1983.The district court consolidated the cases and granted the school administrators summary judgment, declining to apply the Supreme Court’s “Tinker” precedent, which established the legal standard for student-speech cases. The court applied the standard for speech restrictions in a nonpublic forum—the most lenient test— and upheld the administrators’ actions as viewpoint neutral and reasonable.The Seventh Circuit remanded. This is not a speech-forum case. Tinker provides the legal standard: restrictions on student speech are constitutionally permissible if school officials reasonably forecast that the speech “would materially and substantially disrupt the work and discipline of the school” or invade the rights of others. Although this test is deferential to school officials and is “applied in light of the special characteristics of the school environment,” it is stricter than the test for speech restrictions in a nonpublic forum. View "N.J. v. Sonnabend" on Justia Law

Illinois State University charges tuition and multiple fees; the Mandatory Fee covers the cost of on-campus facilities and programs. In 2020, after the Governor declared an emergency because of COVID-19 and issued an order forbidding many in-person gatherings, ISU shifted to distance learning over a video system. ISU remitted some but not all of the Mandatory Fee, telling students that the remainder includes the expense of facilities that must be supported no matter how educational services are provided. Two students filed suit under 42 U.S.C. 1983, citing the Takings Clause and the Due Process Clause.The Seventh Circuit affirmed the dismissal of the suit. The Constitution does not ensure that states keep all of their promises, any more than it ensures that states observe all of their laws. A violation of a state law or a state contract is a violation of a state entitlement, for which the remedy lies under state law. . ISU lacked authority to violate the Governor’s orders. There was no due process violation because the students were not entitled to hearings. What the students want is substantive–a full refund. A breach of contract does not violate the Constitution. Suing ISU officials in their individual capacities makes no difference; there is no vicarious liability under section 1983. “Plaintiffs’ counsel should count themselves lucky that [those officials] did not seek sanctions for frivolous litigation. View "Thiele v. Board of Trustees of Illinois State University" on Justia Law

Indiana University hired Palmer, who is Black, as a lecturer in Business Marketing in 2010. In 2013, Palmer inquired about his potential for early promotion to senior lecturer. His Department Chair said that it was rare for lecturers to apply for senior lecturer prior to their sixth year and suggested that Palmer wait. Palmer did not apply for early promotion. In 2016, IU promoted Palmer to senior lecturer. Palmer also served as Diversity Coach in the MBA program, for an additional $25,000 per year and a reduced course load; he resigned as Diversity Coach after the 2016–2017 school year. . In 2016, the Marketing Department hired Gildea, who is white, as a new lecturer and as Director of the Business Marketing Academy (BMA). Palmer complained that Gildea’s base salary nearly matched Palmer’s base salary. Palmer earned $98,750; Gildea earned $94,000, with no other lecturer or senior lecturer in their department earning over $90,000. Palmer also complained of discrimination.Palmer filed an EEOC charge, alleging race discrimination in violation of Title VII, 42 U.S.C. 2000e-2(a)(1), and subsequently filed suit. Palmer’s failure-to-promote claim is time-barred. His unequal pay claim fails on the merits. Palmer enjoyed higher pay than all of his colleagues, except Gildea, who is not a proper comparator. View "Palmer v. Indiana University" on Justia Law

Wisconsin provides transportation to private-school students, limited to only one school “affiliated or operated by a single sponsoring group” within any given attendance area. The state superintendent decided that St. Augustine, a freestanding entity that describes itself as Catholic but independent of the church’s hierarchy, is “affiliated with or operated by” the same sponsoring group as St. Gabriel, which is run by the Catholic Archdiocese.In 2018, the Seventh Circuit rejected a suit by St. Augustine. The Supreme Court vacated and remanded for further consideration in light of intervening precedent. The Seventh Circuit then certified to the Wisconsin Supreme Court the question of how to determine “affiliation” under state law. That court responded: [I]n determining whether schools are “affiliated with the same religious denomination” [i.e., the same sponsoring group] pursuant to Wis. Stat. 121.51, the Superintendent is not limited to consideration of a school’s corporate documents exclusively. In conducting a neutral and secular inquiry, the Superintendent may also consider the professions of the school with regard to the school’s self-identification and affiliation, but the Superintendent may not conduct any investigation or surveillance with respect to the school’s religious beliefs, practices, or teachings.The Seventh Circuit then reversed. The Superintendent’s decision was not justified by neutral and secular considerations, but necessarily and exclusively rested on a doctrinal determination that both schools were part of a single sponsoring group—the Roman Catholic church—because their religious beliefs, practices, or teachings were similar enough. View "St. Augustine School v. Underly" on Justia Law

Citing a budget deficit, Chicago’s Board of Education laid off 1,077 teachers and 393 paraprofessional educators in 2011. The Chicago Teachers Union and a class of teachers (CTU) sued, alleging that the layoffs discriminated against African-American teachers and paraprofessionals in violation of Title VII of the Civil Rights Acts of 1964 and the Civil Rights Act of 1991, 42 U.S.C. 2000e.The Seventh Circuit affirmed summary judgment in favor of the Board. While CTU made a prima facie case of disparate impact with evidence that African-Americans comprised approximately 30% of Union members at the time of the layoffs but made up just over 40% of Union members receiving layoff notices, the Board’s decision to tie layoffs to declining enrollment in schools was legitimate, job-related, and consistent with business necessity. Beyond noting the existence of open positions for which laid-off employees were qualified, CTU did not meet its burden of establishing that its proposed alternative of transferring employees was “available, equally valid and less discriminatory.” The Illinois statute’s designation of hiring discretion to principals neither promotes discrimination nor bears any relationship to the Board’s decision to tie layoffs to declining enrollment and the transfer alternative proposed by CTU is not consistent with the Collective Bargaining Agreement. CTU did not put forth any evidence of intentional discrimination by the Board. View "Chicago Teachers Union v. Board of Education of the City of Chicago" on Justia Law

Chicago offers public-school teachers higher pay if they earn extra college credits. Graham sought a higher salary under this program in July 2015, only to have her application ignored. She tried again in September and was fired on the ground that her application had been backdated, which the Board of Education considered fraud. A hearing officer ordered her reinstated with back pay. Graham alleges the Board did not honor this decision in full, published a declaration that she is a fraudster, and refused to consider her for open positions. Graham sued, alleging violations of 42 U.S.C. 1983 by discriminating against her on account of sex and race and of the Employee Retirement Income Security Act (ERISA) by depriving her of pension and health benefits.The Seventh Circuit vacated the dismissal of the complaint. The complaint does not identify other employees who received better treatment from the school system but It is enough for a plaintiff to assert that she was treated worse because of protected characteristics. The school system’s plans are exempt from ERISA. Because the state not only funds the charter schools but also approves their establishment and continued existence, it is not appropriate to treat them as private institutions subject to public regulation. View "Graham v. Board of Education of the City of Chicago" on Justia Law

Two female students brought claims under Title IX, 20 U.S.C. 1681–88, alleging that the School District failed to prevent and inappropriately responded to sexual misconduct by a male student. The incidents occurred while the District did not have insurance coverage for sexual misconduct and molestation. After the District settled the suit for $1.5 million, its insurers sought a declaration of their rights and obligations under the District’s errors-and-omissions coverage. The district court held that the errors and omissions coverage applies although the policy contains a sexual misconduct exclusion. The judge stated that the exclusion was ambiguous and could be read to exclude only sexual misconduct by a school employee and might not bar coverage for “reactions to” a student’s sexual misconduct.The Seventh Circuit reversed. The sexual-misconduct exclusion is not ambiguous in precluding coverage for “[a]ny” sexual misconduct or molestation of “any person” and related allegations. Even if the sexual-misconduct exclusion barred only coverage for employees’ actions, the exclusion still applies. The District is not directly liable for misconduct by students. A school district can be liable for discrimination in cases of student-on-student sexual misconduct under Title IX only if the district has notice and is deliberately indifferent. By excluding coverage for “allegations relating” to sexual misconduct, the exclusion necessarily bars coverage for “reactions to” sexual misconduct. View "Netherlands Insurance Co. v. Macomb Community Unit School District" on Justia Law

Starting next semester, Indiana University students must be vaccinated against COVID-19 unless they are exempt for medical or religious reasons. Exempted students must wear masks and be tested for the disease twice a week. The district court rejected a due process challenge to those rules.The Seventh Circuit denied an injunction pending appeal. The court noted that vaccinations and other public health requirements are common, that the University has allowed for exemptions, and that the students could choose to attend a school that has no vaccination requirement. View "Klaassen v. Trustees of Indiana University" on Justia Law

Chatman, an African-American, worked as an instructor assistant, 1988-1996. From 1997-2009, she worked as a school library assistant. In 2009, the Board of Education informed her that it was eliminating her position. Chatman learned that the Board had replaced Chatman (age 62) with a younger, non-African American employee in the same role. Chatman filed a charge of discrimination with the Illinois Department of Human Rights and the EEOC and then sued in Illinois state court. The Board settled. In addition to a monetary payment, the district was to arrange for interviews for open positions for which Chatman was qualified. Chatman began identifying available positions but did not receive any job offer. She filed a new charge with the EEOC and later filed suit, alleging violations of Title VII’s anti-discrimination and anti-retaliation provisions, and violation of the anti-discrimination provision of the Age Discrimination in Employment Act.The Seventh Circuit affirmed summary judgment in favor of the Board, finding certain claims barred by the statute of limitations, and, regarding other positions, that Chatman could not establish that she was qualified for the positions, nor could she establish that the Board’s nondiscriminatory reasons for not offering her the positions were pretextual for discrimination. Chatman could not establish that she was denied a job because of her prior protected activity. View "Chatman v. Board of Education of the City of Chicago" on Justia Law

Castelino enrolled at Rose-Hulman. Based on his ADHD and a learning disorder, Rose-Hulman granted him 100% extended time on tests and quizzes, which he was allowed to take in a distraction-free environment. Castelino was reprimanded for copying from another student’s homework and separately for submitting duplicate work. Castelino lied to his professor about the notes he used during an exam. Because this was Castelino’s third documented case of academic misconduct, it was forwarded to the Rules and Discipline Committee. Castelino was suspended for one quarter. Castelino unsuccessfully applied for readmission multiple times. The Dean did not recommend readmission, based on Castelino’s failure to accept responsibility for his actions and his history of behavioral issues, ranging from altercations and rude conduct on campus to complaints by female students that he was taking their photographs without permission. While suspended, Castelino was arrested for breach of peace, cultivation and sale of marijuana, operation of a drug factory, and possession of a hallucinogen.After being told that he would not be allowed to reapply, Castelino sued, citing the Americans with Disabilities Act, 42 U.S.C. 12101, breach of contract, defamation, false advertising, invasion of privacy, and harassment. The Seventh Circuit affirmed summary judgment for Rose-Hulman, noting Castelino’s “inscrutable” submissions and violations of court rules. Castelino fails to identify any facts establishing that Rose-Hulman or any professor failed to accommodate his learning disability. View "Castelino v. Rose-Hulman Institute of Technology" on Justia Law