Heath v. Indianapolis Fire Department, No. 17-2564 (7th Cir. 2018)Annotate this Case
Quinn applied to become an Indianapolis firefighter. He passed the written examination, oral interview, and Certified Physical Agility Test and was placed on a ranked list for hiring consideration. The Department hired two academy classes from that ranked list, but Quinn was not selected. Quinn’s father (Rodney) filed a qui tam suit under the False Claims Act, 31 U.S.C. 3730(h)(1), alleging that the Department had made false statements of material fact to the federal government in order to receive federal grant funds. Rodney was a backup investigator in the Department’s arson unit. Quinn joined his father’s suit, alleging that the Department retaliated against him for his father’s complaint. The district court granted the Department summary judgment on Quinn’s retaliation claim. The Seventh Circuit affirmed. Quinn was ranked, at best, five spots too low to receive an automatic selection and every discretionary pick in both classes had more markers than Quinn, consistent with the Department’s policy for discretionary selections. There is no evidence from which a reasonable jury could conclude that Rodney’s suit was even a motivating factor in the decision not to hire Quinn. Even assuming that the meaning of “employee” under section 3730(h) is could encompass job applicants, there are no facts from which a jury could conclude that Quinn was retaliated against because of his father’s suit.