False Claims Act

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7^th Circuit Court of Appeals

Case Name: Quinn R. Heath v. Indianapolis Fire Department

Case No.: 17-2564

Officials: RIPPLE, KANNE, and HAMILTON, Circuit Judges.

Focus: False Claims Act

In January 2015, Quinn Heath applied to become an Indianapolis firefighter. Over the next four months, he passed the Indianapolis Fire Department’s written examination, oral interview, and Certified Physical Agility Test. Quinn’s performance during the application process led to his placement on a ranked list for hiring consideration. The Department hired two academy classes in 2015 from that ranked list, but Quinn was not selected for either class.

Meanwhile, Quinn’s father—Rodney Heath—filed a qui tam suit under the False Claims Act against the Indianapolis Fire Department, alleging that the Department had made false statements of material fact to the federal government in order to receive federal grant funds. At the time, Rodney was a backup investigator in the Department’s arson unit. The same day that Quinn found out he had not been selected for the second academy class, the Department’s Deputy Chief told several Department employees they needed to be interviewed by the U.S. Department of Homeland Security in connection with Rodney’s suit.

Thereafter, Quinn joined his father’s suit, alleging that the Department retaliated against him for his father’s complaint, in violation of the False Claims Act. Quinn’s retaliation claim alleges that he was not hired as an Indianapolis firefighter because of his father’s suit. The district court granted summary judgment to the Indianapolis Fire Department on Quinn’s retaliation claim. Quinn now appeals that decision.

We review the district court’s grant of summary judgment de novo, viewing the record in the light most favorable to Quinn. Austin v. Walgreen Co., 885 F.3d 1085, 1087 (7th Cir. 2018). We may affirm summary judgment on any ground supported by the record as long as the issue was adequately raised below and the nonmoving party had an opportunity to contest it. See West Side Salvage, Inc. v. RSUI Indem. Co., 878 F.3d 219, 222 (7th Cir. 2017). For the reasons that follow, we affirm.

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.