09-2764 Egonmwan v. Cook County Sheriff's Department

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Employment
Discrimination; pretext

Where evidence supported a finding that a correctional officer was having sex with inmates, his termination was not race or sex discrimination.

"[T]he defendants offer legitimate, nondiscriminatory reasons for their actions: (1) Burns's letter stated that officers in Egonmwan's division were having sex with detainees; (2) Warrington and Acuna said that they had a sexual encounter with Egonmwan; (3) Acuna said that Egonmwan agreed to deliver money to her brother money for sexual favors; (4) Acuna's brother said that he received money from Egonmwan; and (5) a jail administrator confirmed that Egonmwan was assigned to Warrington's and Acuna's tier on the day of their alleged sexual encounter. After hearing this testimony, the merit board found by a preponderance of evidence that Egonmwan violated general orders. Egonmwan argues that he was prevented from disputing these allegations but glosses over his failure to appear at the merit board hearing or appeal its decision. He also cites a good performance evaluation, but it was issued prior to the investigation into his alleged sexual misconduct. And the fact that Egonmwan was acquitted of the criminal charges does not demonstrate pretext because the state had a higher burden of proof at trial than was required before the merit board. See Faas, 532 F.3d at 642 ('Pretext means a dishonest explanation, a lie rather than an oddity or an error.') (internal quotation marks omitted). Because Egonmwan has not shown discriminatory motivation under the direct method or carried his burden under the indirect method, summary judgment was proper on his race discrimination claim."

Affirmed.

09-2764 Egonmwan v. Cook County Sheriff's Department

Appeal from the United States District Court for the Northern District of Illinois, St. Eve, J., Evans, J.

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