Statute of Limitations-Sovereign Immunity

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7^th Circuit Court of Appeals

Case Name: Susan Kinder v. Marion County Prosecutor’s Office

Case No.: 24-1952

Officials: Ripple, Brennan, and Kolar, Circuit Judges.

Focus: Statute of Limitations-Sovereign Immunity

Kinder, a white woman, worked for the Marion County Prosecutor’s Office (MCPO) and accused the office of racial discrimination after being reassigned to a new position. She alleged violations of Title VII and the Equal Protection Clause. Kinder had a strained relationship with a Black colleague, Lydia Richardson, who accused her of making racially insensitive remarks. An investigation revealed that the hostility was mutual. In response, the prosecutor decided to reassign both employees, but Kinder viewed the new position as a demotion.

The Equal Employment Opportunity Commission (EEOC) issued a right-to-sue letter on April 28, 2022, but Kinder’s attorney was unable to access it until July 6, 2022. Kinder filed her complaint on October 4, 2022, claiming violations of Title VII and the Equal Protection Clause. The MCPO moved for summary judgment, arguing that the Title VII claim was filed too late and that the office was not a suable entity under 42 U.S.C. § 1983. The Southern District of Indiana granted summary judgment to the MCPO, ruling that the Title VII claim was filed beyond the 90-day filing period and that the MCPO was considered an arm of the state, immune from § 1983 lawsuits.

The Seventh Circuit upheld the district court’s decision, concluding that the 90-day filing period for the Title VII claim began when Kinder’s attorney was notified on June 15, 2022, that the right-to-sue letter was available, meaning the October 4 filing was untimely. Additionally, the court ruled that the MCPO, being financially interdependent with the state and benefiting from state indemnification for employment-related actions, is an arm of the state and not a suable “person” under § 1983.

Affirmed.

Decided 03/26/25

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