By: WISCONSIN LAW JOURNAL STAFF//April 5, 2011//
Civil Rights
Race discrimination
Where a county coroner said he wanted to replace the white employees with African-American ones, summary judgment was improperly granted to the coroner on a race discrimination claim brought by providers whose contracts with the office were terminated.
“Taken as a whole, we cannot conclude that a jury would have been compelled to believe the defendants’ explanation. The plaintiffs have produced evidence casting doubt as to whether the decision was truly based on the allegedly exorbitant costs of the out-of-county autopsies. The ability to end those autopsies upon six months’ notice under provision K of the contract, without terminating the contract itself, is a significant factor, particularly given the defendants’ claims that they were pleased with the quality of the plaintiffs’ work and wanted to retain them. The other evidence cited above further indicates that race, rather than cost concerns, were the true reason for the decision. The issue before us is whether summary judgment was proper. There is a factual dispute as to whether the decision to terminate the contract was based on a nondiscriminatory reason or whether it was race-based.”
Reversed and Remanded.
10-1523 Radentz v. Marion County
Appeal from the United States District Court for the Southern District of Indiana, Lawrence, J., Rovner, J.
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