Hayes v. City of Chicago, No. 10-3750 (7th Cir. 2012)
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Plaintiff began work as a police officer in 1976. In 1992 he was charged with misconduct related to an improper arrest and, following a hearing, was fired. The state trial and appellate courts affirmed the Police Board; the highest court rejected an appeal. Plaintiff then filed a complaint with Illinois Human Rights Commission, for the first time alleging racial and age discrimination and retaliation. While the matter was pending, he filed suit in federal court under 42 U.S.C. 1981 and 1983 and state laws. The district court dismissed, citing res judicata. The IHRC awarded $274,283.05 for lost wages, holiday and overtime pay, lost pension annuity interest, and other prejudgment interest, plus attorney's fees of $400,555.50. Neither party appealed the IHRC’s final determination. Plaintiff filed a federal suit, under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-2. The district court rejected the suit. The Seventh Circuit affirmed, finding the suit barred by claim preclusion.
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