holding that “[i]t must ... be a matter of public concern if a group of public employees is allegedly harassed and penalized by supervisors for seeking redress in our federal court system because of their public objection to the alleged racial basis of the [CPD] reorganization,” and noting that there was “clearly public interest” because “[t]he reorganization was front page news in the Chicago Tribune ”
How later courts described this case
- holding that “[i]t must ... be a matter of public concern if a group of public employees is allegedly harassed and penalized by supervisors for seeking redress in our federal court system because of their public objection to the alleged racial basis of the [CPD] reorganization,” and noting that there was “clearly public interest” because “[t]he reorganization was front page news in the Chicago Tribune ”
- holding that “[n]o reasonable police chief could have objectively and reasonably concluded” that he could discriminate against his subordinates based upon race without violating their constitutional rights
- holding that “[n]o reasonable police chief could have objectively and reasonably concluded” that he or she could discriminate against his or her subordinates based upon race without violating their rights
- granting qualified immunity because it wasn’t “clearly estab- lished . . . that whites as a class came within the protection” of USCA11 Case: 21-13077 Document: 38-1 Date Filed: 06/01/2023 Page: 23 of 25 21-13077 Opinion of the Court 23 section 1985(3)
Written by the judges who cited it.
The opinion
BAUER, Chief Judge,
dissenting.
I join Judge Flaum’s dissent and write only to suggest that the analysis in Judge Cudahy’s dissent does not represent my view of the matter. The dimensions of the problem which my Brother Cudahy thinks may have escaped the attention of the majority and minority on the issue are ones I frankly prefer to miss. I do not believe that a recognition of a “white” or “black” party by a judicial decision is necessary, nor do I think that it is true.
I think it unfortunate that voting proceeds along racial lines all too frequently, but voting has frequently been based on ethnic appeals; I don’t doubt that people have voted for Irish candidates, Italian candidates and German or Polish candidates just because of that national identity (or voted against such candidates for the same reason). But that has not prompted the courts or law to recognize an “Irish” party or “Polish” party and designate one or the other as the winner or loser and ascribe the party patronage policy to be based on the ethnic identity of the winner.
The candidates were all members of organized and recognized political parties; indeed, the successful candidates for mayor, black and white, were all members of exactly the same party.