# Milazzo v. O'Connell

> Court of Appeals for the Seventh Circuit · July 29, 1998 · 151 F.3d 587

URL: https://www.frixlaw.com/law-library/cases/6972584

## Case

- **Full name:** Annmarie MILAZZO v. Donald P. O'CONNELL, Margaret Kostopulos and Dawn Catuara, individually and as employees of the Office of the Chief Judge of the Circuit Court of Cook County
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** July 29, 1998
- **Citations:** 151 F.3d 587; 1998 WL 423823
- **Precedential status:** Published
- **Opinion:** Concurrence by Cudahy
- **Judges:** Cudahy, Cummings, Posner
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6972584

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6972584. Public record. Not legal advice.