10-1215 Delapaz v. Richardson

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Employment
Public employment; First Amendment

Where all employees performing temporary duties in a department were returned to their regular positions at the same time, summary judgment was properly granted to the employer on two employees’ claims that the action was discrimination against them for exercising their First Amendment rights.

“Appellants present no evidence that Richardson knew Sarkauskas was affiliated with the HDO. Instead, Sarkauskas contends that the timing of his demotion— two weeks after Delapaz’s—is suspicious. However, it is unclear how that timing is at all suspicious, particularly because nine other MTDs—some of whom Sarkauskas admits were not affiliated with the HDO—also were returned to their titled positions at that time. In short, Sarkauskas presents nothing more than his own unsubstantiated speculation as to the reason for his demotion; such conjecture alone cannot defeat a summary judgment motion. Rockwell Automation, Inc. v. National Union Fire Ins. Co. of Pittsburgh, 544 F.3d 752, 757 (7th Cir. 2008).”

Affirmed.

10-1215 Delapaz v. Richardson

Appeal from the United States District Court for the Northern District of Illinois, Marovich, J., Flaum, J.

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