Abner v. IL Dep't of Transp., No. 11-1342 (7th Cir. 2012)
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Plaintiff, hired by IDOT in 1989, was suspended in 2003, pursuant to a "last chance" agreement, for fighting in the workplace. There had been prior disciplinary measures. In 2005, plaintiff was involved in a worksite altercation with a co-worker and a supervisor. IDOT initiated discharge proceedings. Plaintiff disputed that he had physical contract with his supervisor, but did not alleged that the attempt to discharge him was retaliation for his filing a race discrimination charge in 2001. An ALJ conducted a hearing at which plaintiff was represented by counsel and concluded that plaintiff had engaged in an altercation but that discharge was not warranted. A state trial court overturned the decision and sustained the discharge. Three years later, after obtaining a right to sue letter from the EEOC, plaintiff filed a complaint under 42 U.S.C. 2000e-3(a). The district court dismissed, citing res judicata. The Seventh Circuit affirmed, rejecting his argument that the retaliation claim does not arise from the same set of operative facts as the claim made in the state court. The claim could have been raised in that forum.
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