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Carter v. Chicago State University

United States Court of Appeals, Seventh Circuit

February 11, 2015

TOLLIE CARTER, Plaintiff-Appellant,
v.
CHICAGO STATE UNIVERSITY, BIJESH TOLIA, and FARHAD SIMYAR, Defendants-Appellees

Argued September 30, 2014.

Page 652

[Copyrighted Material Omitted]

Page 653

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 10 CV 00321 -- Rebecca R. Pallmeyer, Judge.

For TOLLIE CARTER, Plaintiff - Appellant: Robert R. Cohen, Attorney, FRANKEL & COHEN, Chicago, IL.

For CHICAGO STATE UNIVERSITY, BIJESH TOLIA, FARHAD SIMYAR, Defendants - Appellees: Mary Ellen Welsh, Attorney, OFFICE OF THE ATTORNEY GENERAL, Civil Appeals Division, State of Illinois Center, Chicago, IL.

Before EASTERBROOK, KANNE, and HAMILTON, Circuit Judges.

OPINION

Page 654

Kanne, Circuit Judge.

Plaintiff Tollie Carter appeals the district court's grant of summary judgment for defendants Chicago State University (" CSU" ) and Farhad Simyar. He argues that CSU and Simyar retaliated against him in violation of the Family Medical Leave Act (" FMLA" ) and Section 1981 of the Civil Rights Act of 1866 (" Section 1981" ) by not appointing him acting department chair of CSU's Department of Accounting and Finance in November of 2008. Carter also claims that the district court abused its discretion in denying his motion to reconsider its grant of summary judgment. For the reasons expressed below, we affirm the judgment of the district court.

I. Background

Carter holds a master of business administration degree (" MBA" ) and is a certified public accountant (" CPA" ). CSU's College of Business hired him in 1986 as a temporary assistant professor in the Department of Accounting and Finance. In 1992, CSU granted Carter tenure and promoted him to associate professor. In January 1995, he was appointed department chair, and he held that position until June 1996, when he was removed by the university president. Since that time, he has held the position of associate professor. Carter is an African-American male.

There are two other relevant actors in this story. Simyar joined CSU as dean of the College of Business in July 2005 and served in that capacity through January of 2010. Defendant Bijesh Tolia began working at CSU in 1997. In the fall of 2007, he was promoted from his prior ...


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