MICHAEL A. MILLER, Plaintiff-Appellant,
ST. JOSEPH COUNTY, et al., Defendants-Appellees
Argued: April 22, 2015.
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. No. 2:11-cv-00217-RL -- Rudy Lozano, Judge.
For Michael A. Miller, Plaintiff - Appellant: Douglas MacArthur Grimes, Attorney, Douglas M. Grimes, P.C., Gary, IN.
For St. Joseph County, Indiana, MICHAEL GRZEGOREK, St. Joseph County Sheriff in his official and individual capacity, St. Joseph County Police Department, TERRY O'CONNOR, St. Joseph County Sheriff's Merit Board Member in his official and individual capacity, PHYLLIS FIELDS, St. Joseph County Sheriff's Merit Board Member in her official and individual capacity, Defendants - Appellees: Peter J. Agostino, Attorney, Anderson, Agostino & Keller, South Bend, IN.
Before POSNER and KANNE, Circuit Judges, and DARRAH, District Judge.[*]
Posner, Circuit Judge.
The plaintiff, Michael Miller, a sergeant in the Detective Bureau of the St. Joseph County (Indiana) Police Department, where he had worked for more than thirty years, filed this suit against the County (which happens to be the county in which South Bend is located), the County Sheriff (Michael Grzegorek), who is in charge of the department and also the county jail, and other entities and individuals unnecessary to mention let alone discuss. Miller's suit charges that the defendants had, in violation of several federal statutes, discriminated against him because he's black. The district court granted summary judgment in favor of the defendants, precipitating this appeal.
Grzegorek was elected Sheriff in 2010 on the Democratic ticket. In the Democratic primary preceding the election, Miller had been a candidate along with Grzegorek, see " 2010 Primary, Meet the Candidates Night - Sheriff Candidate Speeches," https://youtu.be/DepuTOcJTNI?t=3m32s (visited June 4, 2015), and despite their rivalry they had been cordial. After Grzegorek, having won the primary, went on to win the general election, Miller called him and expressed interest in being appointed either Assistant Chief of the Police Department (which would have made him the Sheriff's number two) or Warden of the county jail. Grzegorek was noncommittal, and eventually passed Miller over for these
positions, instead appointing as Assistant Chief a man who had been a Sheriff of the St. Joseph County Police Department from 1985 to 1998--hence a predecessor, though not the immediate predecessor, of Grzegorek. For Warden of the jail Grzegorek appointed the current Warden--in other words he retained her.
After the election, the head of the Detective Bureau, also an appointee of the new Sheriff, either suggested to Miller (who remember was one of the Bureau's detectives) that he take charge of the Department's " Property Room," or ordered him to do so. That is a room in the basement of the county jail in which the Department had accumulated about a thousand guns, which needed to be sorted--some to be destroyed, some to be returned to their owners, etc. Miller took the position, which involved no change in his pay, benefits, or rank, but several months later, expressing dissatisfaction with his assignment to the Property Room, he was offered a position in the Department's Family Violence Unit. He declined, and instead continued working in the Property Room until the sorting was complete, at which point he returned to his other duties in the Detective Bureau.
Miller now claims that his assignment to the Property Room was degrading, and that he was not asked about his possible interest in other vacant positions, besides Assistant Chief and Warden, that would have been promotions for him. Those positions were police captain and police lieutenant, which are ranks above sergeant.
The district judge trudged patiently through the " direct" and " indirect" methods of proving discrimination, and concluded that under neither method could the plaintiff defeat the defendants' motion for summary judgment. We do not question the judge's analysis or result, but we agree with Judge (now Chief Judge) Wood's proposal to substitute for these cumbersome tests a simple requirement that " in order to defeat summary judgment, the plaintiff one way or the other must present evidence showing that she [or, of course, he if the plaintiff is male] is in a class protected by the statute, that she suffered the requisite adverse action (depending on her theory), and that a rational jury could conclude that the employer took that adverse action on account of her protected class, not for any non-invidious reason." Coleman v. Donahoe, 667 F.3d 835, 863 (7th Cir. 2012) (concurring opinion). That does not do away with McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973)--we have no authority to overrule a Supreme Court decision. So one way to establish discrimination remains by making a prima facie case to ...