Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

WASHINGTON v. CITY OF EVANSTON

March 31, 1982

JOHN WASHINGTON, PLAINTIFF,
v.
CITY OF EVANSTON, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Shadur, District Judge.

MEMORANDUM OPINION AND ORDER

John Washington ("Washington"), a City of Evanston patrol officer, sues Evanston and several supervisory or investigatory members of its Police Department (the "Department"), alleging race discrimination in violation of (1) Title VII of the Civil Rights Act of 1964 ("Title VII," 42 U.S.C. § 2000e-2000e-17) and (2) 42 U.S.C. § 1981 ("Section 1981").*fn1 Defendants have moved to dismiss. For the reasons stated in this memorandum opinion and order defendants' motion is denied.*fn2

Sufficiency of the Complaint

Defendants contend that Washington's Complaint (the "Complaint") contains only conclusory statements and lacks the necessary specificity to state a civil rights cause of action. But the Complaint alleges the following specific acts (among others) were the result of defendants' racial discrimination:

    (1) Washington was disciplined for minor infractions in
  situations where white employees would not have been.

(2) He has been denied the opportunity for outside schooling.

(3) He has been denied shift changes.

    (4) He has been refused light duty assignment after a
  non-job-related injury.
    (5) He has been the target of "false and defamatory
  interdepartmental charges."

(6) He has been denied overtime work.

    (7) He has been cited for rule violations and suspended in
  retaliation for filing discrimination charges.

Those allegations give defendants ample notice of the nature of Washington's claims. Washington is not required to plead evidence supporting the allegations or demonstrating those acts were racially motivated. Without question he has alleged enough to permit the action to survive and enter the discovery phase.

It is true the Complaint contains some vague allegations. Paragraph 15.A, for example, alleges discriminatory practices including:

  maintaining policies and practices with respect, but not
  limited to, wages, discipline, job assignments, transfers,
  schooling and other terms ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.