Summary
The Seventh Circuit affirmed summary judgment in favor of the Marion County Prosecutor’s Office in a racial discrimination lawsuit brought by a former employee. The court held that the plaintiff’s Title VII claim was untimely because the statutory filing deadline began running when she received notice that her EEOC charge was closed, rather than when she actually accessed the right-to-sue letter. Additionally, the court ruled that the prosecutor’s office qualifies as an arm of the state entitled to Eleventh Amendment immunity, rendering it unsuable as a "person" under 42 U.S.C. § 1983 for employment-related claims.
Topics
Practice areas
Questions Presented
- Whether the 90‑day filing deadline for a Title VII charge begins when the plaintiff receives notice of the right‑to‑sue letter or when the plaintiff actually accesses the letter.
- Whether the Marion County Prosecutor’s Office is a "person" subject to suit under 42 U.S.C. §1983, i.e., whether it is an arm of the state immune from §1983 claims.
Holdings
- The filing deadline begins when the plaintiff is on notice that the right‑to‑sue letter has been issued (the operative notice date), not when the plaintiff actually reads the letter.
- The Marion County Prosecutor’s Office is an arm of the state and therefore not a suable "person" under §1983.
Key quotations
“Kinder’s Title VII claim was untimely, and the Marion County Prosecutor’s Office is not a suable “person” under 42 U.S. § 1983 on her employment claim. We therefore AFFIRM the district court’s summary judgment decision.” (end)
Factual background
Kinder, a white woman, was employed by the Marion County Prosecutor's Office and was reassigned to a role she viewed as a demotion after a dispute with a Black coworker. The EEOC issued a right‑to‑sue letter dated April 28, 2022, which Kinder’s counsel did not receive until July 6, 2022. Kinder filed her Title VII and equal‑protection claims on October 4, 2022, well after the 90‑day filing period.
Procedural history
The district court granted summary judgment in favor of the Marion County Prosecutor's Office on both the Title VII claim and the Fourteenth Amendment equal‑protection claim. Kinder appealed both rulings.