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USERRA Violation – Retaliation Claim

By: Derek Hawkins//May 18, 2020//

USERRA Violation – Retaliation Claim

By: Derek Hawkins//May 18, 2020//

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7th Circuit Court of Appeals

Case Name: Davin Hackett v. City of South Bend, et al.,

Case No.: 19-2574

Officials: BAUER, EASTERBROOK, and HAMILTON, Circuit Judges.

Focus: USERRA Violation – Retaliation Claim

Davin Hackett was a police officer for the City of South Bend. He asserts that the city discriminated and retaliated against him in violation of the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq. The district court granted summary judgment in favor of the city. On appeal, Hackett raises a new hostile work environment claim. Because this new argument was forfeited and Hackett fails to confront the grounds for the district court’s decision, we affirm.


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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.


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