Equal Protection Violations

By: Derek Hawkins//February 8, 2016//

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7^th Circuit Court of Appeals

Case Name: Matthew Bonnstetter v. City of Chicago

Case No.: 14-2977; 14-3573

Officials: BAUER, ROVNER, and WILLIAMS, Circuit Judges.

Focus: Equal Protection Violations

Individuals disqualified from consideration for positions with Chicago Police dept. have equal protection claims dismissed.

“In addition, Applicants Bonnstetter, Gutierrez, Sauseda, and Fishwick failed to bring their Shakman claims within the appropriate statute of limitations period. A statute of limitations defense is properly considered in determining a Rule 12(b)(6) motion when the factual allegations in the complaint establish such a defense. See, e.g., O’Gorman v. City of Chicago, 777 F.3d 885, 889 (7th Cir. 2015); United States Gypsum Co. v. Indiana Gas Co., 350 F.3d 623, 626 (7th Cir. 2003) (citing Walker v. Thompson, 288 F.3d 1005 (7th Cir. 2002)) (“litigant may plead itself out of court by alleging (and thus admitting) the ingredients of a defense,” including statute of limitations).”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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