Opinion

Milazzo v. O'Connell

  • 151 F.3d 587
  • 1998 WL 423823
Court
Court of Appeals for the Seventh Circuit
Filed
Jul 29, 1998
Status
Published
Author
Cudahy
On the bench
Cudahy, Cummings, Posner
Cited by
1 cases

The opinion

CUDAHY, Circuit Judge,

concurring in the result.

I do not believe that Judge Castillo misconceived the applicable law nor did he fail to make “the proper inquiry,” as the majority asserts. He did not find, as the majority suggests, that the duties of the current Human Resources Administrator were disposi-tive; instead he relied on the present scope of the position as one indicator of the job held by Milazzo. See, District Court Opinion at 12. (“Rather, we find that the office was always endowed with the potential for making discretionary political judgments.”) (emphasis added).

I believe, however, that there may be genuine issues of fact — particularly whether political affiliation was an appropriate criterion for the position of Human Resources Administrator. I therefore concur in the result.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.