Daza v. Indiana, No. 18-3102 (7th Cir. 2019)Annotate this Case
Daza worked for the Indiana Department of Transportation (INDOT) as a geologist for 23 years. In 2011, Daza expressed concerns that another employee was denied promotion because of his political affiliation. In 2013, Daza complained about a commissioner’s misuse of political office. About a month later Daza received his first reprimand, for refusing to answer calls after hours. In 2014, he again complained about the treatment of another employee. A supervisor complained about Daza’s “professionalism.” Daza had multiple disagreements with supervisors and was ultimately terminated “because his behavior consistently defied INDOT culture and expectations.” Daza filed suit, alleging that his firing was unlawful. The Seventh Circuit affirmed summary judgment for the defendants, rejecting claims under 42 U.S.C. 1983 that alleged violation of Daza’s First Amendment rights by discriminating and retaliating against him for his political activities and affiliation. Daza presented a long string of facts occurring over four years but presented no evidence that his alleged political activities or affiliation motivated his firing. The evidence actually shows that management had taken issue with Daza’s conduct for years, and the decision to fire him was made after his offensive comments during a training session.